S-633 Staff SummaryS-633 (12/16) Page 1 of 7
SPECIAL USE PERMIT REQUEST
CASE: S-633
PETITIONER: New Hanover County Fire Services, on behalf of Cape Fear Public Utility
Authority, property owner
REQUEST: Special Use Permit to develop a temporary fire station located at the 7500 block
of Old Oak Road in an R-15 zoning district
ACREAGE: ~0.65 acres
LOCATION: 7500 block of Old Oak Road, near Groundwater Way
PID: R03600-003-187-000
2016 COMPREHENSIVE LAND USE PLAN PLACE TYPE: General Residential
SUMMARY OF REQUEST:
New Hanover County Fire Services is requesting a Special Use Permit for constructing and
operating a temporary fire station on the subject property. The fire station is expected to be on
the subject site for 12 months while the current Ogden Fire Station located at 7375 Market Street
is redeveloped. The site will include an apparatus building to host a fire truck and a mobile home
to be used for an office and sleeping quarters for Fire Services staff.
EXISTING CONDITIONS:
Existing Zoning and Land Uses
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The site and surrounding area is zoned R-15, Residential District. Zoning was originally applied to this area
of the county in 1972. The surrounding area consists predominately of single-family residential uses, with
non-residential uses concentrated primarily along the Market Street and Gordon Road corridors.
Dettached single family uses are adjacent to the south and east of the subject site.
Existing Site Conditions
The subject site occupies the southern corner of a 43-acre property owned by the Cape Fear Public Utility
Authority, which operates a nanofiltration water treatment facility that was developed in 2007 on the
remainder of the property. However, that development is concentrated to the north of the property, and
the subject portion of the site and land immediately to the northwest, north, and east are currently
undeveloped.
Conservation, Historic, and Archaeological Resources
The subject property does not host any known conservation, historic, or archaeological resources. The
site is not located in a Special Flood Hazard Area or CAMA Area of Environmental Concern.
STAFF POSITION:
Zoning Ordinance Considerations
The site is zoned R-15, Residential District; this zoning district is established as a district in which the
principal use of land is for residential purposes at low to moderate densities. Limited institutional uses,
such as schools and churches, are permitted by-right in the R-15 district. Additionally, limited commercial
and office uses are permitted by Special Use Permit in the zoning district, including government offices
and buildings, the classification under which fire stations are included.
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, including setbacks in the R-15 zoning district and landscape
and buffering requirements. The Zoning Ordinance does not include any supplemental regulations for fire
stations or other government buildings.
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Conceptual Site Plan
Traffic
Conventional vehicle traffic to and from the site will be minimal as there will be only up to 6 Fire Services
staff on site during a shift. Shifts run for 24 hours and the highest trip generation figures will occur during
the time of shift change, which typically occurs at 7:00 am. Visitor traffic to the site will be minimal.
Planning Staff consulted with the Wilmington Metropolitan Planning Organization to determine that the
trip generation should not exceed 15 trips per day. With the low trip generation figure, a transportation
Impact Analysis is not required to be conducted.
Fire Services vehicle traffic will be dependent on the number of calls that are received and reported.
Currently, the Ogden Fire Department averages 3 to 5 calls per day. The facility is only designed to host
one fire apparatus.
The site will have a driveway to Old Oak Road. The adjacent segment of Old Oak Road was recorded in
1963 with the recordation of Section 1 of Greenview Ranches. The segment of Old Oak Road leading from
the site to Torchwood Boulevard was recorded in 1997 as a public right-of-way with the recordation of
Orchard Park at West Bay Estates. However, Old Oak Road is not a state-maintained road and the
maintenance responsibility of the road lies with the adjacent property owners. Fire Services is consulting
with the New Hanover County Engineering Department to perform an assessment of the condition of Old
Oak Road, and a condition to the Special Use Permit is suggested to alleviate the neighboring property
owners’ responsibility for the repairs of any wear and tear to Old Oak Road that may be realized through
the use of the road from the fire apparatus. Torchwood Boulevard from Old Oak Road to Market Street
is maintained by NC DOT.
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Environmental
The site proposed for the fire station is not known to contain any environmental constraints such as flood
hazard areas or wetlands. The site is relatively flat and a drainage easement exists to the south of the
proposed development. Based on the Soil Survey of New Hanover County, the soils on the property are
Murville fine sand. The site hosts several pine trees that are not proposed to be removed.
2016 Comprehensive Land Use Plan Considerations
The 2016 Comprehensive Land Use Plan classifies the subject property as General Residential. This place
type focuses on lower-density housing and associated civic and commercial services. Civic uses, such as
the proposed fire station, are encouraged within the General Residential place type. The proposed station
is low intensity and is set back from the street, and ensuring adequate response times to emergencies is
a recommended ongoing effort in the Plan NHC Action Plan. The proposed station will assist in protecting
the life and property of nearby residents while the permanent facility is designed and constructed.
Relevant Goals, Strategies and Guidelines of the Comprehensive Plan:
While the Comprehensive Plan does not specifically outline any goals or implementation strategies
regarding the development of public safety facilities, the Action Plan for the Comprehensive Plan aligns
with the county’s strategies, including Superior Public Health and Public Safety. Ensuring adequate
response times to emergencies is an effort woven in to the ongoing implementation of the Comprehensive
Plan, which supports the current proposal.
In summary, the proposed application is consistent with the future land use map and harmonious with
the General Residential place type.
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 December 1, 2016
Planning Board meeting.
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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 site is not within any Special Flood Hazard Area or CAMA Area of Environmental Concern.
B. Siting a temporary fire station with around-the-clock personnel on the site will allow for
uninterrupted public health and safety service delivery in the Ogden area while the fire station on
Market Street is being redeveloped.
C. The site has direct access to Old Oak Road and is located approximately 1200’ from Torchwood
Boulevard, allowing Fire Services personnel to access the street network in the Ogden area to
respond to calls.
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.
Finding 2: The Board must find that the use meets all required conditions and specifications of the
Zoning Ordinance.
A. The site is zoned R-15, Residential District.
B. Government buildings, including fire stations, are allowed by Special Use Permit in the R-15 zoning
district.
C. The site shall comply with the landscaping and buffering requirements of Section 62 of the Zoning
Ordinance.
D. A site plan has been included as part of the Special Use Permit application and demonstrates that
the building setback requirements of the R-15 zoning district will be met.
E. The Zoning Ordinance establishes no special conditions or supplemental regulations for the
construction of a fire station but states that government offices, buildings, and related structures
and uses obtain a Special Use Permit.
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. No evidence has been submitted that this project will decrease the property values of adjacent or
nearby properties.
B. Fire stations are located in other residential zoning districts in the county, including Murrayville
Road and Porters Neck.
C. Providing 24-hour emergency response will maintain or improve the ISO rating and thereby
maintain or improve insurance rates for area residents.
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.
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A. The 2016 Comprehensive Land Use Plan classifies the subject property as General Residential.
B. Civic uses, such as the proposed fire station, are encouraged within the General Residential place
type.
C. Ensuring adequate response times to emergencies is an effort woven in to the ongoing
implementation of the Comprehensive Plan, supporting the current proposal.
D. Fire stations and similar facilities have traditionally been located throughout a community to
promote efficiency in response times and to provide comprehensive emergency service delivery.
Staff Suggestion: Evidence in the record at this time supports a finding that the use is general conformity
with the plan of development for New Hanover County.
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 temporary fire station:
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 conditions:
1. An assessment of Old Oak Road shall be performed and any impact to the road realized from the
use by the fire apparatus shall be mitigated by the county.
2. The Special Use Permit shall expire when the temporary fire station is removed from the property.
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 temporary fire station:
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[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.