S17-02 Staff Summary PBS17-02 Staff Summary Page 1 of 10
STAFF SUMMARY FOR S17-02
SPECIAL USE PERMIT APPLICATION
APPLICATION SUMMARY
Case Number: S17-02
Request:
SUP application in order to develop a convenience food store.
Applicant: Property Owner(s):
Cindee Wolf of Design Solutions Yosef, Inc.
Location: Acreage:
7900 block of Market Street 1.78 acres
PID(s): Comp Plan Place Type:
R03600-003-042-005 Community Mixed Use
Existing Land Use: Proposed Land Use:
Undeveloped Convenience food store (with gas sales)
Current Zoning:
O&I
SURROUNDING AREA
LAND USE ZONING
North Liberty Baptist Church, The East Carolina Bank O&I
East General Commercial Uses (Retail, Office) B-2
South Amberleigh Shores Apartments MF-M (City of
Wilmington)
West Single-Family Residential (Brickstone Estates) R-15
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ZONING HISTORY
July 6, 1971 Initially zoned R-15 (Area 5)
February 21,
2011 Rezoned to O&I (Z-909)
COMMUNITY SERVICES
Water/Sewer The development will connect to CFPUA water and sewer services.
Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire
District, New Hanover County Station Ogden
Schools Blair Elementary, Eaton Elementary, Holly Shelter Middle, and Laney High
schools
Recreation Ogden Park
CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES
Conservation No known conservation resources
Historic No known historic resources
Archaeological No known archaeological resources
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PROPOSED SITE PLAN
TRANSPORTATION
Access is provided to the subject property by Bump Along Road, a private road, from
Market Street (BUS 17), and Raintree Road (SR 2146). The site plan currently limits the
access from Raintree Road to an entrance only. As shown, all traffic must exit on Bump
Along Road/Market Street. The development will also install a sidewalk to Raintree Road.
The NC State Transportation Improvement Program includes a project (U-4902D) that will
install a median and pedestrian improvements along the adjacent portion of Market Street.
This project will require right-of-way dedication from the subject property and construction
is expected to begin in late 2018.
The NHC/City of Wilmington Greenway Plan recommends that a greenway be installed
along Market Street.
A Traffic Impact Analysis (TIA) for the project has been completed and is currently under
review by the MPO and NCDOT. Below is information taken from the analysis. The TIA
can be found online at the County’s Development Activity Page:
http://planningdevelopment.nhcgov.com/development-activity/
Trip Generation
LAND USE INTENSITY AM PEAK PM PEAK
Gas Station with Convenience Mart
and Car Wash (946) 16 Vehicle Fueling Positions 189 222
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The proposed development will generate 2,445 trips during the course of a 24-hour
period.
The TIA expects, if a two-way connection to Raintree Road is provided, that 5% of the trips
generated by the proposed development will utilize that road for access. This equates to
9 trips in the AM peak, 11 trips in the PM peak, and 122 trips over the course of a 24-
hour period.
Level of Service
The Level of Service results include two alternatives for the proposed development.
Alternative 1 (Table A) includes a two-way connection to Raintree Road. Alternative 2
(Table B) illustrates the proposed development with the access to Raintree Road.
Alternative 1 includes a connection to Raintree Road.
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Alternative 2 does not include a connection to Raintree Road.
Proposed Improvements
The TIA recommends that a southbound right turn land of 175 feet of storage with 50 feet
of full lane width deceleration and appropriate taper to the intersection of Market Street
and Bump Along Road. It also recommends that the signalization at the U-turn at Market
Street be evaluated after the development is built.
ENVIRONMENTAL
The property does not contain any Special Flood Hazard Areas or Natural Heritage Areas.
The property does contain wetlands regulated by the US Army Corps of Engineers. These
wetlands will be filled in accordance with the US Army Corps of Engineers standards.
The wetlands have the characteristics of swamp forest under the Conservation Overlay
District, however it is not of a sufficient size for conservation spaced to be required.
The property is within the Pages Creek (SA;HQW) watershed.
Soils on the property consist of Murville Fine Sand, Kureb Sand, and Johnston soils.
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2016 COMPREHENSIVE LAND USE PLAN
The New Hanover County Future Land Use Map provides a general representation of the
vision for New Hanover County’s future land use, as designated by place types describing
the character and function of the different types of development that make up the
community. Specific goals of the comprehensive plan are designated to be promoted in
each place type, and other goals may be relevant for particular properties.
Future Land Use
Map Place Type Community Mixed Use
Place Type
Description
Focuses on small-scale, compact, mixed use development patterns that serve
all modes of travel and act as an attractor for county residents and visitors.
Types of appropriate uses include office, retail, mixed use, recreational,
commercial, institutional, and multi-family and single-family residential.
Consistency
Analysis
A convenience store with fueling station is an appropriate use for this place
type, especially given its location along Market St. Its provision of sidewalk
access for nearby residents also supports the multi-modal goals of this place
type.
Relevant Goals of the Comprehensive Plan
Goal I: Support business
success
Desired Outcome: A vibrant economy for New Hanover
County based on business success
Consistency Analysis: One of the implementation guidelines for this goal includes developing
strategies for encouraging business that provide community level services for nearby residents.
The proposed use provides these types of services and is designed to provide access for the
adjacent residential neighborhood.
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Goal III: Promote fiscally
responsible growth
Desired Outcome: Growth patterns that achieve efficient
provisions of services and equitable distribution of costs
between the public and private sectors
Consistency Analysis: The proposed use is infill development along a major highway corridor
with existing infrastructure.
Goal IV: Use public
infrastructure improvements to
leverage private investments
Desired Outcome: Coordinated efforts of public and private
investment to maximize improvements
Consistency Analysis: The proposed site plan is designed to maintain and improve the existing
connection between Raintree Rd. and Bump Along Rd., which will enhance the ability of nearby
residents to access Market St. and support emergency responders. The connectivity is limited to
a one-way drive in response to resident concerns voiced at the pre-application community
meeting according to the application; however, limiting the drive to one-way travel reduces the
usability of this connection, both for emergency responders and for nearby residents.
Goal V: Revitalize commercial
corridors and blighted areas
through infill and
redevelopment
Desired Outcome: Strong existing neighborhoods and
corridors where the highest and best uses are promoted in an
effort to increase economic revitalization
Consistency Analysis: The proposed use is infill development along a major highway corridor.
Goal VIII: Integrate multi-
modal transportation into
mixed land uses that
encourage safe, walkable
communities
Desired Outcome: A community with a mixture of land uses
that allows for individuals to perform daily tasks without the
use of an automobile. A community where individuals can
safely walk, bike, and access transit.
Consistency Analysis: The proposed site plan incorporates a pedestrian link to the nearby
residential neighborhood and to the future pedestrian improvements planned along Market
Street. It also provides an additional easement for those future pedestrian improvements along
Market St. Finally, it also shows other bicycle infrastructure such as bicycle parking facilities.
Goal XVI: Increase public
safety by reducing crime
through the built environment
Desired Outcome: New development patterns that focus on
increased public safety
Consistency Analysis: The applicant has included a pedestrian pathway between the site and
the nearby residential neighborhood, which is beneficial for multi-modal access and encouraging
a walkable community, also an implementation strategy for this goal. In order to reduce the
potential for crime, however, lighting and other safety features, which are not required to be
shown on special use permit application site plans, become important. There is no information
included in the application regarding these types of features.
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Goal XVIII: Increase physical
activity and promote healthy
active lifestyles
Desired Outcome: A built environment that encourages active
lifestyles and increased health through walking and biking.
Consistency Analysis: As mentioned above, the proposed site plan incorporates a pedestrian
link to the nearby residential neighborhood but does not provide an easement for a multi-use
path along Market St., as recommended in the Greenway Plan.
Goal XIX: Increase access to
affordable and convenient
healthy foods
Desired Outcome: Increased community health
Consistency Analysis: The role of convenience stores in providing access to affordable,
convenient healthy foods is mixed. Their close proximity improves access to foods, but these
foods are often more expensive and less likely to be healthy than those that can be found at
grocery stores, farmers markets, etc.
Goal XXI: Ensure NHC
remains in attainment for air
quality, in support of clean air
and improved health outcomes
in support of continued growth
Desired Outcome: New Hanover County to remain in
attainment for air quality to protect public health and retain
and attract development and industries
Consistency Analysis: One of the implementation guidelines for this goal is supporting and
enhancing access between neighborhoods and neighborhood-based commercial developments.
The proposed pedestrian linkage will support this recommendation. A two-way connecting drive
would assist in reducing miles travelled; this goal is not adequately addressed by the one-way
connection.
Staff Analysis of Comprehensive Plan Consistency
In general, the proposed convenience store and fueling station is consistent with the goals of the
2016 Comprehensive Plan, as it will provide an appropriate commercial service to nearby residents
and travelers along Market St. and a pedestrian access for nearby residents. However, the one-
way drive does not maximize the benefits of connectivity that are promoted in the comprehensive
plan.
COMMUNITY MEETING NOTES
A community meeting was held on Tuesday, August 30, 2017.
The applicant has provided a summary of the meeting in the application.
Modifications were made to the proposed site plan presented during the meeting. These
changes included reducing the scope of the proposal, and modifying the connection to
Raintree Road.
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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 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. Water and wastewater services must be provided and designed to comply with the Cape
Fear Public Utilities Authority standards.
B. The subject property is located in the New Hanover County North Fire Service District.
C. The main access to the site will be provided by Market Street, an arterial street.
D. A Traffic Impact Analysis was completed for the proposed development. The TIA found that
with the recommended improvements, the area’s street network will operate from an “A” to
“D” Level of Service.
E. The subject site does not host any known conservation, cultural, historic, or archaeological
resources.
F. The existing wetlands on the subject site must comply with the standards and regulations of
the US Army Corps of Engineers.
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. In addition, staff’s suggested condition
regarding providing a two-way vehicular connection to Raintree Road will provide better safety to the
area’s residents by reducing emergency service response time and traffic on Market Street.
Finding 2: The Board must find that the use meets all required conditions and specifications of
the Zoning Ordinance.
A. Convenience Food Stores are allowed by Special Use Permit in the O&I zoning district.
B. The site design complies with the standards of the Zoning Ordinance.
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 location of the proposed development is classified as Community Mixed Use in the 2016
Comprehensive Plan.
B. The surrounding land uses include residential, institutional, and commercial uses.
C. No evidence has been submitted that this project will decrease the property values of
adjacent or nearby properties.
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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 2016 Comprehensive Plan classifies the area proposed for the development as
Community Mixed Use, and the proposal aligns with the intent of the Community Mixed Use
land use classification. Additionally, the proposal supports other policies of the 2016
Comprehensive Plan, including providing appropriate commercial services to nearby
residents and interconnectivity to surrounding areas.
B. The proposed development will provide for alternative forms of transportation in
compliance with the Wilmington/NHC Comprehensive Greenway Plan.
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.
Staff Suggested Conditions
1. The improvements required as part of the approved Traffic Impact Analysis must be
completed prior to issuance of a Certificate of Occupancy.
2. A two-way vehicular connection must be made to Raintree Road and extend to Bump Along
Road. This vehicular travelway must comply with the County’s construction standards for
private roads and must be included within a 30 foot access easement that is dedicated for
public use.
3. The portion of Bump Along Road adjoining the subject property must be dedicated for
public use, either by dedicating an easement or right-of-way.
4. A 20 foot wide easement shall be dedicated to the County along Market Street for the
purposes of installing a future multi-use path or sidewalk in accordance with the
Wilmington/NHC Comprehensive Greenway Plan.
5. The development must include bicycle parking facilities consisting of at minimum four bicycle
parking spaces.