S-632 Staff Summary PBS-632 (8/16) Page 1 of 9
SPECIAL USE PERMIT APPLICATION
CASE: S-632
PETITIONER: Cindee Wolf, Design Solutions
REQUEST: Special Use Permit to develop/expand a high intensity mining operation in an
I-2, Heavy Industrial district
ACREAGE: 80.4 acres
LOCATION: 200 block of Sutton Lake Road
PID: R02400-001-001-000
2006 CAMA LAND CLASS: Natural Heritage Resource Protection
2016 COMPREHENSIVE LAND USE PLAN PLACE TYPE: Commerce
EXISTING CONDITIONS:
Existing Zoning and Land Uses
The site and surrounding area is zoned I-2, Heavy Industrial. The 421 corridor was zoned I-2 when zoning
was originally applied to this area in 1971. There are many existing industrial uses in the area including
the Duke Energy Sutton Steam Plant, S.T. Wooten Asphalt Plant, and Ticona/Fortron Industries.
Adjoining the property to the south is an existing mining operation, which this application proposes to
expand. That mining operation was originally permitted in 2006 and was later expanded in 2012 under
the County’s nonconforming standards. To the east, the property abuts the Seaboard Coastline railroad.
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Existing Site Conditions
The subject property includes an 80.4 acre portion of 1,044 acre parcel, which includes a large industrial
development (Ticona/Fortron Industries) on the east side of Highway 421. The property is currently
undeveloped and has two 100 foot wide Duke Power easements crossing it.
Conservation, Historic, and Archaeological Resources
The subject property has been identified as a Significant Natural Heritage Area, 421 Sand Ridge, by the NC
Natural Heritage Program, and may contain rare plant and animal species habitat. Specifically, ten rare
plants and four rare animals have been identified as being unique to this area. Significant Natural Heritage
Areas with 10 or more significant elements are given a collective ranking of “exceptional”, which is the
highest ranking in this category.
The applicant is currently performing an environmental survey of the property to determine the mining
operation’s impact on the Natural Heritage Area. The survey is expected to be completed by the Planning
Board meeting.
STAFF POSITION:
Zoning Ordinance Considerations
The I-2, Heavy Industrial, district provides areas for a full range of manufacturing, fabrication, assembly,
warehousing, and distribution uses associated with heavy industrial land uses where heavy industry can
find suitable sites served by rail, waterway and highway transportation. The district also seeks to protect
non-industrial uses located outside the district and to minimize environmental impacts caused by the uses
within the district.
A conceptual site plan is included as part of the application. If this application is approved, the property
must be developed in accordance with the site plan. Further, the proposed development must also go
through the County’s building permit/site plan review process. As currently shown, the site plan complies
with the standards of the Zoning Ordinance, include the specific use standards for high intensity mining
operations.
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Conceptual Site Plan
Traffic
The applicant has stated the purpose of the mine is to serve the adjacent and existing asphalt plant, and
for filling a Duke Power coal ash pond; therefore the applicant expects that the traffic will not exceed the
amounts currently generated by the existing mining operation. The mining operation anticipates a
maximum of 60-80 trucks to be loaded over the course of an 8 to 12 hour day (seasonal daylight). As the
operation will not generate 100 peak hour trips, a Traffic Impact Analysis (TIA) was not completed for the
proposed use.
In 2015, the Wilmington Metropolitan Planning Organization conducted a traffic count at the 2900 block
of Highway 421, south of the proposed mine between Sutton Steam Plant Road and Fleming Street. The
count found a daily trip volume of 24,543. The Highway has a capacity of 59,800 trips which equates to a
Level of Service (LOS) of “B” when using the volume to capacity ratio.
Environmental
As previously mentioned, the property is located within a Significant Natural Heritage Area and may
contain rare plant and animal species habitat. If found on site, development strategies for land within a
Significant Natural Heritage Area should reduce the loss of habitat or fragmentation of habitat that may
be crucial to an important species.
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The property does not contain any Special Flood Hazard Areas. Based on the Soil Survey of New Hanover
County, the soils on the property are Lakeland Sand (Class I), Rimini Sand (Class I), Kureb Sand (Class I),
and Leon Sand (Class III).
2006 CAMA Land Use Plan Considerations
The property is classified as Natural Heritage Resource Protection by the 2006 CAMA Land Use Plan. This
class is located predominately in the northwest corner of the County with small segments scattered
elsewhere. These are areas identified by the North Carolina Natural Heritage Program as generally unique
habitats that warrant special attention and protection. The threat to these areas is loss of habitat or
fragmentation of habitat that may be crucial to a particular natural community identified as important.
The focus of strategies for this subclass is to better identify these areas and develop specific protection
strategies.
The applicant is currently performing an environmental survey of the property to determine the mining
operation’s impact on the Natural Heritage Area. The survey is expected to be completed by the Planning
Board meeting. Until reviewing the survey, staff cannot make a determination regarding the application’s
consistency with the 2006 Land Use Plan.
2016 Comprehensive Land Use Plan Considerations
The property is classified as Commerce Zone by the 2016 Comprehensive Land Use Plan. These areas
serve as employment and production hubs, predominantly composed of light and heavy industrial uses,
though office and complementary commercial uses are also allowed. Densities are dependent in part of
the type of industry; some industrial uses will likely be one story with large setbacks and ample room for
trucks and other large vehicles. Offices uses can be multi-story and nearer the street, while office buildings
can be two or three stories and closer to the street. Commerce Zones, unlike Employment Centers, do not
allow residential uses. Commerce Zones require arterial or major collector road access connecting them
to outside their boundaries.
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Relevant Goals, Strategies and Guidelines of the Comprehensive Plan:
Goal I: Promote a strong diverse economy and high quality growth. (Desired Outcome: A vibrant economy
for New Hanover County based on business success.)
Guideline
I.A.1. Encourage target industries in Employment Centers, Commerce Zones, and Growth
Nodes.
Goal IX: Promote environmentally responsible growth. (Desired Outcome: Development that
accommodates population growth while minimizing negative impacts on natural resources.)
The proposed application is consistent with the future land use map and meets the intent of the
Commerce Zone place type. Heavy industrial uses, including high intensity mining operations, are
appropriate within this place type.
GENERAL INFORMATION REGARDING SPECIAL USE PERMITS:
Special use permits add flexibility to the Zoning Ordinance. Subject to high standards of planning and
design, certain property uses may be allowed in the several districts where these uses would not
otherwise be acceptable. By means of controls exercised through the special use permit procedures,
property uses which would otherwise be undesirable in certain districts can be developed to minimize any
bad effects they might have on surrounding properties.
Any use or development designated by applicable zoning district regulations as a special use, or as allowed
only pursuant to a special use permit, may be established in that district only after the use or development
is authorized by a validly issued special use permit.
The applicant bears the burden of presenting sufficient evidence in support of the application to allow the
Planning Board, after weighing such evidence against that presented in opposition to the application, to
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make findings of fact that reasonably support each of the required conclusions. If that burden is met, the
Planning Board should recommend to the Board of Commissioners to approve the application. If that
burden is not met, the Planning Board should recommend denial of the application, provided that if the
Board determines that specific minor changes or additions to, or restrictions on, the proposed
development are necessary and sufficient to overcome impediments to its reaching the required
conclusions, it may approve the application subject to reasonable conditions requiring such changes or
additions or imposing such restrictions. Such conditions may include time limits for completion of
development or for the start or end of certain uses or activities.
The Planning Board may continue the hearing to a later meeting to accommodate additional witnesses or
the presentation of additional testimony or evidence. If the time and place of the continued hearing is
announced in open session during the hearing, no further notice need be given for the continued hearing.
A motion to recommend approval of the application must state the required conclusions and include
findings of fact on which the conclusions are based, plus any proposed conditions of approval. The
favorable vote of the majority of the Planning Board present is necessary to pass such a motion. A motion
to recommend denial of the application must state which of the required conclusions cannot be reached
and include findings of fact on which the inability to reach the conclusions is based. The favorable vote of
a majority of the Planning Board members present is necessary to pass such a motion. Upon receiving
the recommendations of the Planning Board and holding a public hearing, the Board of Commissioners
may grant or deny the special use permit request.
STAFF PRELIMINARY CONCLUSIONS AND FINDINGS OF FACT:
Staff has conducted an analysis of the proposed use and the information provided as part of the
application package and has created preliminary findings of fact for each of the conclusions required to
be reached to approve the special use permit request. These preliminary findings of fact and conclusions
are based solely on the information provided to date, prior to any information or testimony in support or
opposition to the request that may be presented at the upcoming public hearing at the August 4, 2016
Planning Board meeting.
Finding 1: The Board must find that the use will not materially endanger the public health or safety
where proposed and developed according to the plan as submitted and approved.
A. The mining operation must obtain a mining permit from the State which includes review by
several state and federal agencies including the U.S. Fish & Wildlife Service, Wildlife Resource
Commission, and the Divisions of Air Quality and Water Quality within the N.C. Department of
Environmental Quality.
B. The subject property is located in the New Hanover County North Fire Service District.
C. Access to the site will be provided by a two 20 foot haul roads which connect to Sutton Lake Road
(SR 2145) and Highway 421.
Staff Suggestion: Evidence in the record at this time supports a finding that the use will not materially
endanger the public health or safety where proposed.
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Finding 2: The Board must find that the use meets all required conditions and specifications of the
Zoning Ordinance.
A. High intensity mining is allowed by Special Use Permit in the I-2 zoning district.
B. The site and proposed location of the high intensity mining operation complies with the
requirements of the I-2 zoning district and the specific use standards for high intensity mining
operations listed in Section 72-42.
Staff Suggestion: Evidence in the record at this time supports a finding that the use meets all of the
required conditions and specifications of the Zoning Ordinance.
Finding 3: The Board must find that the use will not substantially injure the value of adjoining or
abutting property or that the use is a public necessity.
A. The proposed high intensity mine is expanding an existing mining operation.
B. The surrounding area is zoned I-2, Heavy Industrial, a district that allows for high intensity and
heavy industrial uses.
C. No evidence has been submitted that this project will decrease the property values of adjacent or
nearby properties.
Staff Suggestion: The evidence in the record at this time supports a finding that the use will not
substantially injure the value of adjoining or abutting property.
Finding 4: The Board must find that the location and character of the use if developed according to the
plan as submitted and approved will be in harmony with the area in which it is to be located and in
general conformity with the plan of development for New Hanover County.
A. The 2006 Wilmington-New Hanover County CAMA Land Use Plan classifies the area proposed for
the high intensity mining operation as Natural Heritage Area, which identifies areas as generally
unique habitats that warrant special attention and protection. The focus of this classification is
to better identify and develop specific protection strategies that help reduce the loss the habitat
or fragmentation of habitat that may be crucial to a particular natural community identified as
important.
B. The application did not include any information or documentation that the proposed high
intensity mine would be consistent with the development strategies of the Natural Heritage Area
classification.
Staff Suggestion: Evidence in the record at this time does not support a finding that the use is general
conformity with the plan of development for New Hanover County, however additional evidence may be
provided at the Planning Board meeting.
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SUMMARY
Staff concludes that the applicant has not, at this time, demonstrated that the proposal complies with the
findings of fact specified in Section 71 of the Ordinance. Additional information is needed that the
proposal is consistent with the fourth finding, specifically that it will be consistent with the development
strategies of the Natural Heritage Area classification of the 2006 CAMA Land Use Plan. The applicant is
aware of this issue and is currently performing an environmental survey of the property. The survey is
expected to be completed by the Planning Board meeting.
Note: A Special Use Permit is a quasi-judicial action requiring an evidentiary hearing and findings of fact.
ACTION NEEDED (Choose one):
1. Motion to recommend approval (with or without conditions)
2. Motion to table the item in order to receive additional information or documentation
(Specify).
3. Motion recommend denial based on specific findings in any of the 4 categories above, such as
lack of consistency with adopted plans or determination that the project will pose public
hazards or will not adequately meet requirements of the ordinance.
Example Motion for Approval:
Motion to recommend approval, as the Planning Board finds that this application for a Special Use Permit
to develop a high intensity mining operation:
1. Will not materially endanger the public health or safety;
2. Meets all required conditions and specifications of the Zoning Ordinance;
3. Will not substantially injure the value of adjoining or abutting property; and
4. Will be in harmony with the surrounding area, and is in general conformity of the plans of
development for New Hanover County.
[OPTIONAL] Also, that the following conditions be added to the development:
[List Conditions]
Staff suggested condition(s):
1. A 20 foot access easement shall be dedicated to the County along the eastern property line, which
abuts the Seaboard Coastline Railroad right-of-way, for the purposes of installing a future
pedestrian facility in accordance with the Wilmington/New Hanover County Greenway Plan.
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Example Motion for Denial:
Motion to recommend denial, as the Planning Board cannot find that this application for a Special Use
Permit to develop a high intensity mining operation:
[State the finding(s) that the application does not meet and include reasons to why it is not being met]
1. Will not materially endanger the public health or safety;
2. Meets all required conditions and specifications of the Zoning Ordinance;
3. Will not substantially injure the value of adjoining or abutting property;
4. Will be in harmony with the surrounding area, and is in general conformity of the plans of
development for New Hanover County.