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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. S-632 (8/16) Page 2 of 9 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. S-632 (8/16) Page 3 of 9 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. S-632 (8/16) Page 4 of 9 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. S-632 (8/16) Page 5 of 9 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 S-632 (8/16) Page 6 of 9 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. S-632 (8/16) Page 7 of 9 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. S-632 (8/16) Page 8 of 9 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. S-632 (8/16) Page 9 of 9 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.