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HomeMy WebLinkAboutS23-05 BOC Staff ReportS23-05 Staff Report BOC 3.18.2024 Page 1 of 18 STAFF REPORT FOR S23-05 SPECIAL USE PERMIT APPLICATION APPLICATION SUMMARY Case Number: S23-05 Request: Intensive Special Use Permit for High Intensity Mining & Quarrying Applicant: Property Owner(s): Joseph Taylor with Murchison, Taylor & Gibson, PLLC 421 Sand Mine, LLC Location: Acreage: 5700 Block of Highway 421 144-acre project area PID(s): Comp Plan Place Type: R01500-001-002-002 Commerce Zone Existing Land Use: Proposed Land Use: Vacant Wooded Land High Intensity Mining & Quarrying Current Zoning: I-2, Heavy Industrial SURROUNDING AREA LAND USE ZONING North Pender Commerce Park I-2 (Pender County) East New Hanover County Landfill, Mixed Industrial, and Vacant Land I-2 South Sand Mine I-2 West Vacant Land and the Northwest Cape Fear River I-2 S23-05 Staff Report BOC 3.18.2024 Page 2 of 18 ZONING HISTORY December 6, 1971 Initially zoned I-2 (Area 7) COMMUNITY SERVICES Water/Sewer CFPUA water is available through a mainline extension. Public sewer is available through a force main to force main connection, however no structures are proposed on-site that will require water or sewer utilities. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Station 12. Schools Wrightsboro Elementary, Holly Shelter Middle, and New Hanover High Schools Recreation No nearby county-owned recreational facilities. CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation The County’s Conservation Resources Map indicates the site to have over 5 acres of Pocosin conservation resources on site. Development must comply with Section 5.7 Conservation Resources of the Unified Development Ordinance. Historic No known historic resources Archaeological No known archaeological resources S23-05 Staff Report BOC 3.18.2024 Page 3 of 18 APPLICANT’S PROPOSED PLAN Project Boundary on Subject Site Project Boundary Property Boundary N S23-05 Staff Report BOC 3.18.2024 Page 4 of 18 Site Plan for High Intensity Mine • The applicant is requesting a special use permit for a High Intensity mine park for an approximately 144-acre sand mine on an approximately 586.8-acre parcel. A 50-foot- wide buffer is proposed around the perimeter of the mine with an additional 25-foot vegetative buffer along Highway 421 and the northern property line. • A condition has been included requiring the 50-foot perimeter buffer and 25-foot vegetative buffer. • The subject site is currently located on an approximately 586.80 acres parcel between the Northwest Cape Fear River and Highway 421. • The property is currently zoned I-2. • NCDOT owns the access rights to Highway 421, an NCDOT state highway, along the property boundary with the highway. Access is restricted through an internal drive connection to the existing driveway access serving the 421 Sand Mine to the south. The existing drive provides full access onto Highway 421. Additional engineering review by NCDOT will be required through the driveway permitting process. • The proposed internal drive would cross an existing Lower Cape Fear Water and Sewer Authority (LCFWSA) and CFPUA raw water utility easement along the southern boundary of the stie. The applicant’s engineers have worked with LCFWSA and CFPUA to design the proposed roadway crossing. The applicants have included a condition specifying the engineering, additional easements, and inspection of the crossing and waterline. N Hi g h w a y 4 2 1 Driveway Entrance Wetlands Project Buffer Sand Mine Expansion S23-05 Staff Report BOC 3.18.2024 Page 5 of 18 ZONING CONSIDERATIONS • New High Intensity Mines and Quarries are permitted in the I-2 district with approval of a Special Use Permit and are subject to supplemental standards in Section 4.3.5.C.1 of the Unified Development Ordinance (UDO). These standards generally address minimum lot size, material removal, allowances for on-site processing, setbacks, and aquifer and watershed resource protection. • As proposed, the site meets the specifications of Section 4.3.5.C.1 of the UDO. • If approved, the project would be subject to Technical Review Committee and Zoning Compliance review processes to ensure full compliance with all ordinance requirements and specific conditions included in the approval. Only minor deviations from the approved conceptual plan, as defined by the UDO, would be allowed. S23-05 Staff Report BOC 3.18.2024 Page 6 of 18 AREA DEVELOPMENT S23-05 Staff Report BOC 3.18.2024 Page 7 of 18 TRANSPORTATION CURRENT CONDITIONS Intensity of Current Zoning Vacant Land PROPOSED ACCESS Primary Access Full access onto Highway 421 N through the existing driveway access for the adjacent existing sand mine. Secondary Access N/A EXISTING ROADWAY CHARACTERISTICS Affected Roadway Highway 421 N Type of Roadway NCDOT State Highway S23-05 Staff Report BOC 3.18.2024 Page 8 of 18 Roadway Planning Capacity (AADT) 10,979 vehicles per day Latest Traffic Volume (AADT) 3,200 Latest WMPO Point-in-Time County (DT) No recent data count Current Level of Congestion Available Capacity NEARBY NCDOT STIP ROADWAY PROJECTS No Nearby NCDOT STIP Roadway Projects TRAFFIC GENERATION Traffic Generation Estimate for Current Zoning Traffic Generated by Proposed Use Potential Impact of Proposed Use AM Peak Hour Trips 119 44 -75 PM Peak Hour Trips 119 7 -112 Assumptions Traffic Generation Estimate for Current Zoning – 350,000 square feet of General Industrial, the typical industrial build out of 18% of the total site area within the I-2 district. Traffic Generated by Proposed Use – Average traffic based on current sand mine operations. Sources WMPO and Applicant TRAFFIC IMPACT ANALYSIS (TIA) The estimated traffic generated from the site is under the 100 peak hour threshold that triggers the ordinance requirement for a Traffic Impact Analysis (TIA). SUMMARY The proposed project is located along an NCDOT highway that has available capacity. While specific engineering metrics do not exist to estimate traffic generation at a sand mine, the applicant has provided estimates of daily traffic generation from the site. The applicant’s estimates are below the requirement for a TIA and reduces the estimated trip generation for the site if developed as a flex industrial project similar to other development along the corridor. The project site is in proximity to the New Hanover County landfill, the I-140 interchange, and access to Highway 421. NCDOT driveway permit requirements must be met to address access conditions at the existing driveway before the project can receive a final Certificate of Occupancy. ENVIRONMENTAL • The subject property is within the AE Special Flood Hazard Area. Development in the floodplain must comply with Article 9 Flood Damage Prevention which primarily addresses mitigating flood risk to structures. No structures are proposed as part of the sand mine project. S23-05 Staff Report BOC 3.18.2024 Page 9 of 18 • The Army Corps of Engineers has determined there are 13.44 acres of regulated wetlands in the project area. The proposed project has provided buffers along the wetland areas and will not impact the wetlands. Since the project will not impact the wetlands no permits for wetland impacts are required by the Army Corps of Engineers for the project area. • The property is not within a Natural Heritage Area. • The subject property is not located within a watershed. • The New Hanover County Conservation Resources Map indicates there are approximately 32.58 acres of Pocosin Conservation Resources in the project area. Section 5.7 Conservation Resources requires a minimum of 0.5 acres be conserved for every 1 acre of conservation resource above 5 acres. 16.29 acres of conservation space is required to be retained on site. The project proposes 16.44 acres of conserved space in the project area comprised of the wetlands and vegetative perimeter buffer. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class I (Slight Limitation) and Class III (severe limitation) soils. The proposed project will not require a septic system to serve the property. OTHER CONSIDERATIONS Context and Compatibility • The property is located along Highway 421 in an area that is entirely zoned I-2 and used for a variety of industrial uses and activities, including an adjacent sand mine, the New Hanover County landfill. Immediately north is the adjacent Pender Commerce Park. • High Intensity Mining and Quarrying uses are permitted with a Special Use Permit in the I- 2 district and the use is in line with industrial development patterns along the northwestern side of Highway 421. • New Hanover County currently purchases sand from the existing sand mine for landfill operations. The proposed expansion is to allow additional sand to be removed for sale to public and private entities. • There is an existing Lower Cape Fear Water and Sewer Authority (LCFWSA) and CFPUA raw water utility easement along the southern boundary of the stie. The applicant’s engineers have worked with LCFWSA and CFPUA to design the proposed roadway crossing. The applicants have also included a condition for additional easements and inspections of the crossing and waterline. Proposed Conditions Applicant Proposed Conditions: (additional conditions may be added that will bring the proposal in line with the required conclusions) The Property Owner, upon further discussion with the Cape Fear Public Utility Authority (“CFPUA”) and the Lower Cape Fear Water & Sewer Authority (“LCFWASA”), has agreed to the following additional conditions: S23-05 Staff Report BOC 3.18.2024 Page 10 of 18 1. Haul Road/Crossing. The haul road and crossing that is to traverse over the LCFWASA Easement shall comply with the crossing design initially reviewed and approved on December 20, 2023 by engineers for CFPUA and the LCFWASA, subject to further revisions and further mutually agreed changes (including adjusting such plan to include the Buffer Zone as described below). 2. Buffer Zone. The Property Owner has volunteered to provide an additional buffer easement of 150 feet (the “Buffer Zone”) on the subject property beyond the existing 75 foot LCFWASA easement as it runs west to east, from the eastern edge of the 150’ CP&L/Duke easement over to U.S. Hwy 421, to maintain the safety and stability of the LCFWASA easement during both normal operations and major weather events. 3. Geotechnical Report & Coordination. Based on discussions with CFPUA and LCFWASA and their engineers, the Property Owner has already commissioned a geotechnical report from Engineering Consulting Services (ECS) regarding the side slope stability of the proposed mining basins, and requested a subsurface utility engineering survey of the existing water line. The geotechnical report will be sealed by a licensed NC Professional Engineer. The engineer performing the geotechnical report will coordinate with the engineers for CFPUA and the LCFWASA. A copy of the geotechnical report will be provided to both the CFPUA and the LCFWASA for their review. No excavation activity may proceed at the site until the geotechnical report and its subsequent recommendations have been received, reviewed, and accepted by all parties. The reports will take into account the Buffer Zone set forth above, placing the slope of any future mining basins an estimated 205 feet away from the existing water line. However, if these reports indicate more study is necessary, the Property Owner will expand the reports as reasonably necessary to further address the following: a. Expand the review of the side slope stability of the proposed mining excavation basins, with a focus on how the LCFWASA easements and buffer areas can be protected and maintained during and following major weather events. b. Provide additional detail regarding how the excavated slopes will be sufficiently stabilized to be protected from erosion or washouts that, during and following major weather events, could migrate towards the LCFWASA easement and current and future infrastructure within the easement. If stabilization requires any additional setback(s) to protect the LCFWASA easements beyond the Buffer Zone discussed above, the report shall include a designation of such additional setback, and the Property Owner will provide such additional setback if other proposed changes are not mutually agreed by LCFWASA and CFPUA. 4. Easement Protection. Property Owner will keep its employees informed about the water line and take reasonable action to protect the easement area from errant construction access except at the approved crossing discussed above. To achieve this purpose, the Property Owner will visibly mark the easement area. The Property Owner will maintain temporary protective construction fencing and/or barriers on both sides of the haul road where the haul road traverses the easement and within 50 feet from where the haul road crosses the easement. In addition, the Property Owner will provide signage at a regular interval. All fencing, barriers, markings, and signage shall be maintained by the Property Owner. 5. Infrastructure Access. Property Owner shall allow CFPUA and LCFWASA access to the LCFWASA Easement area, including any additional Buffer Zone(s). Subject to all applicable regulations and guidelines (including all State regulations and mining permit S23-05 Staff Report BOC 3.18.2024 Page 11 of 18 requirements) and also subject to Property Owner’s reasonable safety requirements, the Property Owner shall allow CFPUA and LCFWASA unrestricted access to the current 48” and future 54” water infrastructure for maintenance, repair, and installation of future infrastructure. In times of an emergency, such access shall also be permitted via the mine site access road if necessary, and Property Owner shall cooperate with CFPUA and LCFWASA in regard to reasonable steps requested to minimize or prevent any destabilization of the infrastructure. 6. Changed Conditions. The Property Owner shall give notice to the Executive Directors of the Cape Fear Public Utility Authority and the Lower Cape Fear Water & Sewer Authority or their designee of any planned significant change to the Property Owner’s mining operations if the change alters the excavation plans for areas adjacent to the easement area or Buffer Zone, or involves additional work or access over the easement area or Buffer Zone, at least 180 days before the change, so they can discuss any potential impacts. 7. Future Cooperation. The Property Owner, CFPUA and LCFWASA all acknowledge that protection of both the easement and its infrastructure and protection of landowner’s rights to use and enjoy their land are important for all parties involved and the community at large. As such, they will each reasonably cooperate with each other in regard to future changes to the infrastructure within the LCFWASA easement and also the Property Owner’s industrial activities, both of which are important to the overall development of the Cape Fear region. 8. The 50-foot perimeter buffer and 25-foot vegetative buffer shall be provided as shown on the approved concept plan. 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. These place types are intended to identify general areas for particular development patterns and should not be interpreted as being parcel specific. Future Land Use Map Place Type Commerce Zone S23-05 Staff Report BOC 3.18.2024 Page 12 of 18 Place Type Description The commerce zone place type focuses on providing areas for employment and production hubs, predominately composed of light and heavy industrial uses, though office and complementary commercial uses are also allowed. Densities are dependent, in part, on the type of industry, and residential uses are discouraged. Analysis The 2016 Comprehensive Plan classifies the property as Commerce Zone, which encourages light and heavy industrial uses but does not provide specific policy direction for the proposed use. The Commerce Zone place type is identified as suitable along the Highway 421 corridor, the GE campus, and the airport. The project site is adjacent to an existing sand mine and in proximity to a mix of industrial uses along the Highway 421 corridor. Additional conditions have been proposed providing buffers and engineering review of the proposed easement crossing. EXAMPLE MOTIONS Staff does not provide a recommendation for Special Use Permits however staff has compiled information to assist the Board in their decision making to determine the appropriate Findings of Fact to Date. Based on the evidence presented to the Board, one of the following motions could be made: Example Motion for Approval: Motion to approve the permit as the Board finds that this application for a Special Use Permit meets the four required conclusions based on the findings of fact included in the Staff Report and additional evidence presented at the public hearing. OPTIONAL (if conditions have been identified that will bring the proposal in line with the required conclusions.) Subject to the following conditions agreed to by the applicant: _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ S23-05 Staff Report BOC 3.18.2024 Page 13 of 18 Example Motion for Denial: Motion to deny the permit because the Board cannot find (choose all that apply): a. That the use will not materially endanger the public health or safety if located where proposed (for the following reason(s)): ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ b. That the use meets all required condition and specifications (for the following reason(s)): ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ c. That the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity (for the following reason(s)): ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ d. 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 Comprehensive Land Use Plan for New Hanover County (for the following reason(s)): ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ STAFF PRELIMINARY CONCLUSIONS AND FINDINGS OF FACT: After an analysis of the proposed use and the information provided as part of the application package staff has compiled the facts provided in the application and identified through staff technical review and analysis. They are organized by the applicable conclusion. These findings are preliminary and additional relevant facts may be presented during the public hearing. Compiled facts may or may not support the Board’s conclusion. S23-05 Staff Report BOC 3.18.2024 Page 14 of 18 Conclusion 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. Compiled Facts May or May Not Support the Board’s Conclusion. Relevant Findings of Fact Presented to Date A. CFPUA water is available through a mainline extension. Sewer is available through a force main to force main connection. No structures are proposed on site, water and sewer utilities are not required for development. B. There is an existing CFPUA raw water utility easement along the southern boundary of the stie. The applicant has provided a condition developed in conjunction with CFPUA and the Lower Cape Fear Water & Sewer Authority to design the future vehicle crossing to meet engineering and safety requirements and provide additional easements and inspections. C. The subject property is located in the New Hanover County Northern Fire Service District. D. Access to the site will be provided by the existing full access driveway to Highway 421 through the adjacent sand mine to the south. E. The proposed use will generate an estimated 44 AM and 7 PM peak hour trips. The estimated trip generation is less than the estimated trips generated if developed with other industrial uses. F. The subject property is within the AE Special Flood Hazard Area. Development must comply with Article 9 Flood Damage Prevention. G. The Army Corps of Engineers has determined there are 13.44 acres of regulated wetlands in the project area. The proposed project has provided buffers along the wetland areas and will not impact the wetlands. No permits for wetland impacts are required by the Army Corps of Engineers for the project area. H. The New Hanover County Conservation Resources Map indicates there are approximately 32.58 acres of Pocosin Conservation Resources in the project area. Section 5.7 Conservation Resources requires a minimum of 0.5 acres be conserved for every 1 acre of conservation resource above 5 acres. 16.29 acres of conservation space is required to be retained on site. The project proposes 16.44 acres of conserved space in the project area comprised of the wetlands and vegetative perimeter buffer. Conclusion 2: The Board must find that the use meets all required conditions and specifications of the Unified Development Ordinance. Compiled Facts May or May Not Support the Board’s Conclusion. Relevant Findings of Fact Presented to Date A. A High Intensity Mine & Quarry is allowed by Special Use Permit in the I-2, Heavy Industrial zoning district. B. Section 4.3.5.C.1.a requires a minimum lot size of one (1) acre. Project area is 144 acres. C. Section 4.3.5.C.1.b states soil or other consolidated material (i.e. sand, marl, rock, fossil deposits, peat, fill or topsoil) may be removed for use off-site. The proposed sand mine will remove material for use off site. S23-05 Staff Report BOC 3.18.2024 Page 15 of 18 D. Section 4.3.5.C.1.c states additional on-site processing shall be permitted (i.e. use of conveyor systems, screening machines, crushing, or other mechanical equipment). E. Section 4.3.5.C.1.d requires all mining operations and their associated activities be located a minimum of 100 feet from all property lines when dewatering occurs. Dewatering occurs off site on an adjacent parcel in an existing facility. F. Section 4.3.5.C.1.e prohibits high intensity mining operations to be allowed in areas classified as aquifer resource protection or watershed resource protection identified in the 2006 CAMA Land Classification Map. The project area is not within an aquifer resource protection or watershed resource protection area identified in the 2006 CAMA Land Classification Map. G. Section 9.8.1.A requires all new construction and substantial improvements be designed (or modified) and adequately anchored to prevent flotation, collapse, and lateral movement of the structure. No new structures are proposed with this expansion and the site currently has no structures to which a substantial improvement would apply. H. Section 9.8.1.B requires all new construction and substantial improvements be constructed with materials and utility equipment resistant to flood damage in accordance with the most current version of FEMA Technical Bulletin 2, Flood Damage-Resistant Materials Requirements. No new structures are proposed within this expansion and the site currently has no structures to which a substantial improvement would apply. I. Section 9.8.1.C requires all new construction and substantial improvements be constructed by methods and practices that minimize flood damages. No new structures are proposed within this expansion and the site currently has no structures to which a substantial improvement would apply. J. Section 9.8.1.D requires all new electrical, heating, ventilation, plumbing, air conditioning equipment, and other service equipment be located at or above the Regulatory Flood Protection Elevation (RFPE) or designed and installed to prevent water from entering or accumulating within the components during the occurrence of the base flood. These include, but are not limited to, HVAC equipment, water softener units, bath / kitchen fixtures, ductwork, electric / gas meter panels / boxes, utility / cable boxes, water heaters, and electric outlets / switches. No electrical, heating, ventilation, plumbing, air conditioning equipment, or other service equipment is proposed. K. Section 9.8.1.E requires replacements that are part of a substantial improvement, electrical, heating, ventilation, plumbing, air conditioning equipment, and other service equipment also meet the provisions of Section 9.8.1.D. No electrical, heating, ventilation, plumbing, air conditioning equipment, or other service equipment is proposed. L. Section 9.8.1.F requires replacements that are for maintenance and not part of a substantial improvement, may be installed at the original location, provided the additional and / or improvements only comply with the standards for new construction consistent with the code and requirements for the original structure. No structural or mechanical replacements are anticipated as there are no proposed or existing structures. M. Section 9.8.1.G requires all new and replacement water supply systems be designed to minimize or eliminate infiltration of floodwaters into the system. The site is not anticipated to be serviced by water supply. N. Section 9.8.1.H requires new and replacement sanitary sewage systems be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into flood waters. The site is not anticipated to be serviced by sanitary sewage. S23-05 Staff Report BOC 3.18.2024 Page 16 of 18 O. Section 9.8.1.I requires on-site waste disposal systems be located and constructed to avoid impairment to them, or contamination from them, during flooding. No on-site waste disposal systems are proposed. P. Section 9.8.1.J states nothing in Article 9 Flood Damage Prevention of the Unified Development Ordinance shall prevent the repair, reconstruction, or replacement of a building or structure existing on the effective date of Article 9 and located totally or partially within the floodway, non-encroachment area, or stream setback, provided there is no additional encroachment below the Regulatory Flood Protection Elevation in the floodway, non-encroachment area, or stream setback, and provided that such repair, reconstruction, or replacement meets all of the other requirements of Article 9. Q. Section 9.8.1.K prohibits permitting new solid waste disposal facilities and sites, hazardous waste management facilities, salvage yards, and chemical storage facilities except by variance in accordance with subsections 6 of Section 9.7.5.I, Conditions for Variances. A structure or tank for chemical or fuel storage incidental to an allowed use, or to the operation of a water treatment plant or wastewater treatment facility, may be located in a Special Flood Hazard Area only if the structure or tank is either elevated or floodproofed to at least the Regulatory Flood Protection Elevation (RFPE), and certified in accordance with the provisions of Section 9.7.2.C, Certification Requirements No such facilities are proposed. R. Section 9.8.1.L requires all subdivision proposals and other development proposals be consistent with the need to minimize flood damage. The proposal does not include any subdivision of land or applicable development proposals. S. Section 9.8.1.M requires all subdivision proposals and other development proposals have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage. The proposed mine will not have any facilities that require public utilities. T. Section 9.8.1.N requires all subdivision proposals and other development proposals to have adequate drainage provided to reduce exposure to flood hazards. A Floodplain Development permit and a Sedimentation and Erosion Control permit are required before any mining operations may begin on site. U. Section 9.8.1.O requires all subdivision proposal and other development proposals have received all necessary permits from those governmental agencies for which approval is required by federal or state law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 333 U.S.C. 1334. All necessary permits are required prior to final approval before any mining operations may begin on site. V. Section 9.8.1.P requires that when a structure is partially located in a Special Flood Hazard Area, the entire structure shall meet the requirements for new construction and substantial improvements. No structures are proposed on site. W. Section 9.8.1.Q requires that when a structure is located in multiple flood hazard zones or in a flood hazard risk zone with multiple base flood elevations, the provisions for the more restrictive flood hazard risk zone and highest Bae Flood Elevation (BFE) shall apply. Parcel is only within the AE flood hazard zone. No structures are proposed on site. X. Section 9.8.2.B requires new construction and substantial improvement of any commercial, industrial, or other non-residential structure shall have the reference level, including basement, elevated no lower than the Regulatory Flood Protection Elevation (RFPE). Structures located in Zones A, AE, AH, AO, or A99 may be floodproofed to the RFPE in-lieu of elevation, provided that all areas of the structure, together with attendant utility and S23-05 Staff Report BOC 3.18.2024 Page 17 of 18 sanitary facilities, below the RFPE, are watertight with walls substantially impermeable to the passage of water, using structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. For AO Zones, the floodproofing elevation shall be in accordance with Section 9.8.8, Standards for Areas of Shallow Flooding (Zone AO). A registered professional engineer or architect shall certify that the floodproofing standards of this subsection are satisfied. Such certification shall be provided to the Floodplain Administrator, along with the operational plan and the inspection and maintenance plan. No new construction or substantial improvements are proposed that would require floodproofing certification. Y. Section 5.7.4.C.1 requires all structures and impervious surfaces be setback from the conservation space, if any, whether the space is located on the parcel or on an adjacent parcel, a distance of at least 50 feet. Proposed conservation space is a minimum of 50 feet from known existing and proposed on and off-site impervious surfaces. Z. Section 5.7.4.C.2 requires that in addition to designing the site to control stormwater from a ten-year storm, on-site retention or percolation areas shall be required for the entire parcel sufficient to control, at a minimum, the first 0.5 inch of runoff that will originate from all impervious surfaces anticipated to be on the site upon final development. The specified amount of runoff from impervious surfaces shall be disposed of by percolation into the soil, evaporation, transpiration, or other methods of treatment or handling acceptable to the County Engineering Department. If approved, county stormwater permit applications must be reviewed and approved by New Hanover County Engineering. Conclusion 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. Compiled Facts May or May Not Support the Board’s Conclusion. Relevant Findings of Fact Presented to Date A. New Hanover County currently purchases sand from the existing sand mine for landfill operations. The proposed expansion is to allow additional sand to be removed from the mine for sale to public and private entities. B. The proposed High Intensity Mine & Quarry is on a vacant property that fronts onto Highway 421. C. Land uses in the immediate vicinity of the subject site are an existing sand mine, the New Hanover County landfill, the Pender County Commerce Park, and other industrial uses. D. A 25-foot-wide vegetative buffer along the northern property line and Highway 421 provides a visual buffer from the right-of-way and adjacent property. E. A 50-foot-wide setback along the perimeter of the project area provides an additional spatial buffer around the project. F. No contradictory evidence has been submitted that this project will substantially injure the value of adjoining or abutting properties. Conclusion 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 S23-05 Staff Report BOC 3.18.2024 Page 18 of 18 is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County. Compiled Facts May or May Not Support the Board’s Conclusion. Relevant Findings of Fact Presented to Date A. The subject site currently undeveloped. B. No known cultural or archaeological resources are identified on site. C. The site is bounded by industrially zoned property to the north, south, east, and west. D. Land uses in the immediate vicinity of the subject site are industrial. E. The proposed use will generate an estimated 44 AM and 7 PM peak hour trips. The estimated trip generation is less than the estimated trips generated if developed for a larger industrial use. F. The 2016 Comprehensive Plan does not provide specific policy direction for the proposed use. One of the goals of the plan is to support business success. The Commerce Zone place type also focuses on providing areas for employment and production hubs, predominantly composed of light and heavy industrial uses, though office and complementary commercial uses are also allowed.