HomeMy WebLinkAboutSpecial Use Permits 2024"The County Commissioners for New Hanover County (tone "County Commissioners"), having held
public hearing on March 18, 2024, to consider application number S23-05 submitted by Joseph
T y0oir with HVHu rchlson, TyW & Gibson, PH_LC (the "Appfi ant") to place High Intensity IMine T .
Quarry (sand mine) on an apapnr xirmn t0y 14 scare project area at the 57O0 block of High w y 4,21
identified as Parcel Identification R01.500-001-002-002 and having heard all of the evidence and
arguments presented at the hearing, the County Commissioners cc nc1uude that the Apphcant
produced competent, nt, irmm t irW, and substantial evidence tending to est Ib0iish the existence of the
facts and co nditlons which Section 1.0.3,5.0 of the County Unified If) vOop:urmnernt Ordinance
requires for tone issuance of a special use permit, nd frormn the evidence adduced t the hearing,
the Commissioners rmn lke the following ANDINGS OF FACT T rnd drawthe following CONCLUSIONS:
1. The County Commissioners FIND ASA FACT that tone following specific ific, requu0ire nrn o"nts set forth
in Section 0.3,5,.1r) (1-4) of the County h)rfied Development Ordinance WILL be satisfied Of
the property is developed in accordance with the plans nns nfindings suubirnm0tted to the County
C_'ormnmissporm rso
(1) The use will not materially endanger, tone public health or safety Of located
where proposed andapproved;
() The use rneets all required conditions ndit0ons d specifications of tone UunOfied
Development Ordinance;
(3) 'The use pllll not suu0ast rntp 00y injure the value of adjoining or, abutting
Property, or th t the use is a public necessity; and
() -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 Hen b
located and in general conformity with the Corn 0 ensive Land Use Plan for
New Hanover County.
a .Therefore, because the County Commissioners conclude that all of the general and specific
ific:
conditions precedent to the issuance of a special use permit HAVE been satisfied, H°T IS
Olfl')H RED that the application t0on for the Issuance of a special use permit be GRANTED subject
to t0 e following conditions:
'The Property Owner', upon further discussion with tone Cape Fear Puulbfic Utflity Authority
( "C F11::1CJ") and the Lower Cape e Fear Water & Sewer Authority ("L IF .SA"), has agreed to
the -following additional conditions:
Pagel ofS
1. The haul road and crossing that is to traverse over the LCFVVASA
Easement shall comply with the crossing design initially reviewed and approved on
December Z[l 2023 by engineers for CFPUA and the LCFWASA, subject to further
revisions and further mutually agreed changes (including adjusting such plan tminclude
the Buffer Zone asdescribed be|ovv).
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 UCF\NASAeasement au it runs west to east, from the eastern edge of the IS[Y
[P&| /Duke easement over to U.S. Hwy 421, to maintain the safety and stability of the
LCFVVASA easement during both normal operations and major weather events.
3. Geotechnical Based on discussions with CFPUAmnd b[F\NY\SA
and their engineers, the Property Owner has already commissioned o geotechnica|
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. Thegeotechnica| report will be sealed by a licensed NC Professional
Engineer. The engineer performing the gentechnica| report will coordinate with the
engineers for CFPUA and the LCFVVASA. A copy of the Aeotechnioa| report will be
provided to both the [FPUA and the LCFVV/\SAfor their review. No excavation activity
may proceed at the site until the geotechnica| 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 enestimated 2D5feet away from the existing water line. However,
if these reports indicate more study is necessary, the Property Owner will expand the
reports aureasonably necessary tnfurther address the following:
a. Expand the review of the side slope stability of the proposed mining excavation
basins, with a focus on how the LCFVVA5A easements and buffer areas can be
protected and maintained during and following major weather events.
b. Provide additional detail regarding how the excavated dopes 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 byL[FVVASAand 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 50feet from where the haul
road crosses the easement. In addition, the Property Owner will provide signage at a
Page 2 of 8
regular interval. All fencing, barriers, markings, and s' age shall be maintained by the
Property Owner.
5. Infrastructure Access. Property Owner shall allow [FPU/\and LCF\NASAaccess tothe
LCFWA5A Easement area, including any additional Buffer Zone/s\. Subject to all
applicable regulations and guidelines (including all State regulations and mining permit
requirements) and also subject toProperty Owner's reasonable safety requirements, the
Property Owner shall allow CFPUAand LCFVVASAunrestricted access tuthe current48"
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
LCFVVASA in regard to reasonable steps requested to minimize or prevent any
destabilization ofthe infrastructure.
5. Changed Conditions. The Property Owner shall give notice tothe Executive Directors nf
the Cape Fear Public Utility Authority and the Lower Cape Fear Water & Sewer Authority
or their designee of any planned significant change tothe 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
7. Future Cooperation. The Property Owner, CFPUAGnd L[F\NASAall acknowledge that
protection of both the easement and its infrastructure and protection of|andovxner'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 tothe infrastructure within the [CFWA8Aeasemoent and also
the Property Owner's industrial activities, both of which are important to the overall
development ofthe Cape Fear region.
8. The 50-foot perimeter buffer and 25-foot vegetative buffer shall be provided as shown
onthe approved concept plan.
Ordered this 18th of March, 2024
Bill Rk/enbarkChair
Attest:
Exhibit A
Findings of Fact:
/|n Accordance with Section 1O.].5ofthe New Hanover County Unified Development
Comclusiom1: 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. 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 requiredfor development.
B. There is an existing CFPUA navv water utility easement along the southern boundary of
the stie.The applicanthas provided ocondition developed /nconjunction vvithC79L\Aond
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 tothe 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 AESpecial Flood Hazard Area. Development must
comply with Article 9Flood 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 hos provided buffers along the wetland areas
and will not impact the wetlands. No permits for wetland impacts are required by the
Army Corps ofEngineers for the project oreo.
H. The New Hanover County Conservation Resources Map indicates there are approximately
32.58 acres of Pmcosin Conservation Resources in the project area. Section 5.7
Conservation Resources requires a minimum ofO.5 acres be conserved for every 1 acre
of conservation resource above S acres. 16.29 acres of conservation space is required to
be retained on site. The project proposes 16.44 acres «fconserved space /n the project
area comprised nfthe wetlands and vegetative perimeter buffer.
Comclwsiom2: The Board must find that the use meets all required conditions and specifications
of the Unified Development Ordinance.
A. AHigh Intensity Mine& Quarry is allowed by Special Use Permit inthe |-LHeavy Industrial
B. Section 4.3.5.C.l.a requires a minimum lot size of one (1) acre. Project area is 144 acres.
Page 4 of 8
C. Section 4.3.5.C.lb states soil orother 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 materio/foruse off site.
D. Section 4.3.5.C.I.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.}.d requires all mining operations and their associated activities be
located a minimum of 100 feet from all property lines when devvatering occurs.
Dewotexingoccurs off site ononadjacent parcel /nonexisting 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 2OD6CAyNALand Classification Map. The project oreoisnntwith/nonoquiferresourre
protection or watershed resource protection area identified in the 2006 [AMA Land
Classification Map.
G. Section 9.8.1.Arequires 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 FEMATechnica| Bulletin 2, Flood Damage -Resistant
Materials Requirements. No new structures are proposed within this expansion and the
site currently has nOstructures bOwhich a substantial improvement would apply.
i Section 3.8.1.0 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 O
substantial improvement would apply.
J. Section 9.8.1.0 requires all new electrical, heating, ventilation, plumbing, air conditioning
equipment, and other service equipment be located atorabove 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, HVA[ 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, orotherserviceequ' mnent/sprupuse/i
K. Section 8.8.1.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, Dr0thers2rv/Ce8qVi nnentiSpropC8ed.
L. Section 9.8.I.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
Page 5 of 8
consistent with the code and requirements for the original structure. Kk7structural or
mechanical replacementsare anticipated osthere 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 /s not
anticipated tnbeserviced bywater supply.
N. Section 9.8.I.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 /s not anticipated to be serviced bysanitary sewage.
O. Section 9.8.1.1 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 q Flood Damage Prevention of the Unified
Development Ordinance shall prevent the repair, reconstruction, or replacement of
building or structure existing on the effective date of Article 9 and located totally or
partially within the floodvvay,non-encroachment area, mrstream setback, provided there
is no additional encroachment below the Regulatory Flood Protection Elevation in the
floodvvay, 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 h of Section 9.7.5.1, Conditions for
Variances. Astructure ortank for chemical or fuel storage incidental to an allowed use,
nrtothe operation of water treatment plant or wastewater treatment facility, may be
located in a Special Mood 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 9.8.11 requires all subdivision proposals and other development proposals be
consistent with the need tVminimize flood damage. The proposal does not include any
subdivision nfland orapplicable development proposals.
S. Section 9.8.1.M requires all subdivision proposals and other development proposals have
public utilities and facilities such assewer, gas, electrical, and water systems located and
constructed to minimize flood damage. The proposedmine will nothave anyfacilities 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 1oflood hazards./\ FYon6n/o/n
Development permit and a Sedimentation and Erosion Control permit are required before
any mining operations may begin onsite.
U. Section 9.8.I.(] 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
Page 6 of 8
Control Act Amendments of1972 333 U.S.[. 1334.All necessary permits are required
prior to fina/appr0vo/be/ore any mining operations may begin ons/be.
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 oreprupoyedons/be.
W. Section 9.8.1.{}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 (13FE) shall apply.
Parcel is only within the AEflood hazard zone. No structures are proposed on site.
X. Section 9.8.2.13 requires new construction and substantial improvement of any
commercial, industrial, orother 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 sanitary facilities, below the RFPE, are watertight with vva||s substantially
impermeable tothe passage ofwater, 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 floodproofinO 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 floodnnoofingcertificobon.
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 50feet
from known existing and proposed onand off -site impervious surfaces.
Z. Section 5.7/4.[.2 requires that in addition to designing the site to control stormvvater
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, nrother methods oftreatment
or handling acceptable to the County Engineering Department. If approved, county
sb7rnw/at8rpern/t applications must bereviewed and approved byNew 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.
A. New Hanover County currently purchases sand from the existing sand mine for |endOU
operations. The proposed expansion istoallow additional sand toberemoved from the
mine for sale topublic and private entities.
Page 7 of 8
B. The proposed High Intensity Mine & Quarry is on a vacant property that fronts onto
Hiehvvay42}.
C. Land uses inthe immediate vicinity ofthe 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 Highvvay42l
provides avisual buffer from the right-of-vvayand adjacent property.
E. A 50-fuot-vvidg 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 ofadjoining orabutting properties.
Conclusion 4:The Board must find that the location and character mfthe use if developed
according to the plan aasubmitted and approved will bmin harmony with the area imwhich it
is to be located and in general conformity with the Comprehensive Land Use Plan for New
Hanover County.
A. The subject site currently undeveloped.
B. Noknown cultural orarchaeological resources are identified onsite.
C. The site is bounded by industrially zoned property to the north, south, east, and west.
D. Land uses inthe immediate vicinity ofthe 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.
Page 8 of 8
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COUNTY OF NEW HANOVER
STATE OFNORTH CARQUN/\
ORDER TO ISSUE ASPECIAL USE PERMIT
Special Use Permit for a Single -Family Detached Dwelling, B-2, Regional Business Zoning
District
The County Commissioners for New Hanover County (the "County Commissioners"), having held a public
hearing on August 5, 2024 to consider application numberS24-O2 submitted by Nathan Christy with
Future Homes (the "Applicant") to place single-family dwelling on an approximately .19acres at 1029 S.
Seabreeze Rood identified as Parcel Identification R08518-004-007'000 and having heard all of the
evidence and arguments presented at the hearing, the County Commissioners conclude that the Applicant
produced competent, material, and substantial evidence tending to establish the existence of the facts
and conditions which Section 10.3.5.D of the County Unified Development Ordinance requires for the
issuance of a special use permit, and from the evidence adduced at the hearing, the Commissioners make
the following FINDINGS 0FFACT and draw the following CONCLUSIONS:
1. The County Commissioners FIND AS A FACT that the following specific requirements set forth in
Section 10.3.5.D (1-4) of the County Unified Development Ordinance WILL be satisfied if the property
is developed in accordance with the plans and findings submitted to the County Commissioners.
/1> The use will not materially endanger the public health or safety if located where
proposed and approved;
/2> The use meets all required conditions and specifications of the Unified
Development Ordinance;
/3\ The use will not substantially injure the value of adjoining or abutting property, or
that the use is public necessity; and
/4\ 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.
2. Therefore, because the County Commissioners conclude that all of the general and specific conditions
precedent to the issuance of special use permit HAVE been satisfied, IT IS ORDERED that the
application for the issuance of a special use permit be GRANTED subject to the following conditions:
The Property Owner has agreed to the following conditions:
1. Applicant will maintain existing vegetative buffer next to existing occupied side property.
2. A large live oak found at the back of the lot is not located near the proposed structure site and
will not be disturbed.
Page 1 of 7
Ordered this 5 Ih of August, 2024
. . ......... ... ........
BiURivenbad, Chair
Attest:
Kynlr�rowell, Clerk to the Board
Page 2 of 7
Exhibit A
Findings mfFact:
(|n Accordance with Section 10.3.5 of the New Hanover County Unified Development
{)FdiD3DCp)
Conclusion 1: The Board must find that the use will not materially endanger the public health
mrsafety where proposed and developed according tothe plan assubmitted and approved.
A. Public water and sewer are not available through CFPUA. The concept plan proposes to
connect t0water and sewer through the private utility provider AQUA.
B. The subject property is located in the New Hanover County Southern Fire Service District.
C. Access tOthe site will be provided byone full access driveway onSouth Seabr92zeR0ad.
D. The proposed use will generate onestimated 2AM and 2PMpeak hour trips.
E. 5eabreeze Road does not have a listed planning capacity, indicating the road is b8|nvv
capacity. The VVK4P(}and NCDOTuse a base Of4,00Ovehicles per day for those road types
because it is the nninirnuno threshold necessary for N[OOTtO discuss roadway capacity
improvements.
F. The subject property is within the AE Special Flood Hazard Area and J portion of the
property is within the VE Coastal High Hazard Area. Development must comply with Article
9Flood Damage Prevention.
G. Veterans Park and Carolina Beach State Park are within proximity of the proposed
development.
H. Noconservation resources exist Onthe property.
Conclusion 2:The Board must find that the use meets all required conditions and specifications
of the Unified Development Ordinance.
A. Single -Family Dwellings are allowed by Special Use Permit )nthe 8-2, Regional Business
zoning district. Table 4.2.1: Principal Use Table references Section 4.3.2.A.4vvhich states
single-family dwellings in the B-1 and B-2 districts shall comply with the standards for
multi -family dwellings in those districts.
B. Section 4.3.2.A.2.b.1 states dwelling units must be part Of mixed -use development
established to provide innovative opportunities for an integration Of diverse but
compatible uses into a single development that is unified by distinguishable design
features with amenities and walkways to increase pedestrian activity. The proposed
development bJo/e/«forresidential use, There are noother uses Orpedestrian amenities
or walkways outlined in the proposal.
C. Section 4.3.2.A.2.b.2 states the development shall be single ownership o[unified control
of property owners association. The site i5under single ownership.
Page 3 of 7
D. Section 4.3.2.A.2.b.Sstates uses within the development are restricted toresidential uses
and u62S allowed in the B-1 district. The proposal /S fOrrBsidenba/ use.
E. Section 4.3.2.A.2.b.4 states sidewalks must be provided throughout the project.
Sidewalks are not proposed within the project.
F. Section 4.3.2.A.2.b.5 states parking |OCJtiOn and quantity shall be Shared. The concept
plan shows apork/ng oreo fnrbhcs/ng/e-forni/yh0n7e.
G. Section 4.3.2.A.2.b.6states community facilities and/or common area shall be provided.
N0community facilities Orcommon areas are provided.
H. Table 4.3.2.A.2.b.7states mixed -use residential buildings are permitted and encouraged.
The proposed development does not contain any mixed -use residential buildings.
|. Table 4.3.2.A.2.b.8 states conceptual elevations indicating proposed architectural style
and conceptual lighting plans shall be submitted with the application. The application
includes On elevation of the proposed house. No exterior lighting is proposed as part of
the application.
J. 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 Ofthe structure. /4F/DOd»/a/nDevelopment Permit must be approved before
construction.
K. Section 9.8.I.B requires all new construction and substantial improvements be
constructed with materials and utility equipment resistant tDflood damage iDaccordance
with the most current version OfFEK4ATechnical Bulletin 2, Hood Damage -Resistant
Materials Requirements. Construction materials and utilities must be approved by staff
through the F/0Odn/O/nDevelopment Permit review process.
L. Section 9.8.1.0 requires all new construction and substantial irDp[Dv2[OentS be
constructed by methods and practices that minimize flood damages. Construction must
be approved by staff through the F/oodn/uinDevelopment Permit review process.
M. Section 9.8.1.1) requires all new electrical, heating, ventilation, plumbing, air conditioning
equipment, and other service equipment he located at Orabove 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, HVA[ equipment, water softener units, bath / kitchen
fixtures, ductwork, electric / gas meter panels / boxes, utility /cable boxes, water heaters,
and electric outlets / switches. The concept plan includes a proposed HVACpedestal. The
pedestal and other equipment locations must beapproved bystaff through the FloOdn/D/n
Development Permit review process.
N. 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 meetthe provisions of Section 9.8.1.D. Construction mustbe appnOved6v
staff through the F/oo6n/ainDevelopment Permit review process.
O. Section 9.8.1.F requires replacements that are for maintenance and not part of a
substantial improvement, may be iDS18|lgd at the Original location, provided the
Page 4of 7
additional and / or improvements only comply with the standards for new construction
consistent with the COd2 and requirements for the original structure. Nostructural Or
mechanical replacements are anticipated aSthere are nVexisting structures.
P. Section 9.8.1.G requires all new and replacement water supply systems be designed to
minimize 0reliminate infiltration n[floodwaters into the system. Theproje[tpr0pDses to
connect tDDprivate water utility.
Q. 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 floodwaters. The projectpn7pDsesbJ[Onnp[t tVOprivate sewer utility,
R. Section 9.8.1.1 requires on -site waste disposal 6ySt8nnS be |OC8t2d and constructed to
avoid impairment to them, Or contamination from them, during flooding. The project
proposes toconnect tDaprivate sewer utility.
S. Section 9.8.1J states nothing in Article 9 Flood Damage Prevention of the Unified
Development Ordinance shall prevent the repair, reconstruction, or replacement Dfa
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
floodvvay, non -encroachment area, or stream Setback, and provided that such repair,
reconstruction, or replacement meets all of the other requirements of Article 9.
T. Section 9.8.1.K pn}Nbh3 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 9.7.5.1, Conditions for
Variances. A structure ortank for chemical or fuel storage incidental to an allowed use
or to the operation of 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.
U. Section 9.8.11 requires all subdivision proposals and other development proposals be
consistent with the need to minimize flood d8rn8g2. The proposal does not include any
subdivision of land. Construction must be approved by staff through the /loOd»/o/n
Development Permit review process.
V. Section 9.8.1.K4 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 project proposes to connect to private w/aby,
and sewer utilities through AQUA.
W. Section 9.8IN requires all subdivision proposals and other development proposals to
have adequate drainage provided to reduce exposure tOflood hJzardS./4 Floodplain
Development permit brequired before any construction may begin on site. County
Engineering has indicated that no drainage permits are anticipated, but that would be
determined during the building permit review process.
Page 5 of 7
X. Section 9.8.1.0 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.[. 1334. All necessary permits are required
prior tDfinal approval before any construction may begin 0Osite.
Y. Section 9.8.I.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. The proposed structure is entirely within the AE flODd hazard
zone and must comply with flood hazard prevention requirements.
Z. Section 9.8.1.[}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 Base Flood Elevation /BFE\shall apply.
While the parcel i5/nboth the AEand VEflnod hazard areas the proposed structure /sonly
within the AEfloDdhazard zone.
A/\.S£Ction 9.8.2.A requires that new construction and substantial improvement of any
residential structure (including manufactured hOnn86) shall have the reference level,
including basement, elevated no lower than the Regulatory Flood Protection Elevation
(RFPE). Construction plans and elevation certificates shall be reviewedfor compliance at
time nfbuilding permit submittal.
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.
A. The project prOpO325 a Single -Family Dwelling on vacant property located between
existing properties zoned for commercial purposes.
B. Land uses in the immediate vicinity Ofthe 5uhie[1 site boat storage, vacant commercial
land, and single family residential.
C. The UDO requires single-family homes in the B-2 district to be part of@ mixed -use project.
Commercial development adjacent to a mixed -use project is not required to provide
transitional buffers required by Table 5.4.3.8.I or additional setbacks required by Table
3.1.3.[1.
D. However, ifapproved asrequested the single-family dwelling unit not part ofamixed-use
development would trigger the requirement for buffers associated with new commercial
development Onthe adjacent parcels.
E. No contradictory evidence has been submitted that this project will substantially injure
the value of adjoining or abutting properties.
Page 6 of 7
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
is to be located and in general conformity with the Comprehensive Land Use Plan for New
Hanover County.
A. The subject site currently undeveloped.
B. Noknown cultural orarchaeological resources are identified onsite.
C. The site iSbounded hycommercially zoned property.
O. Land uS2S in the immediate vicinity Ofthe subject site are residential and c0/nnner[i3|.
E. The proposed use will generate anestimated 2AK8and 2PK4peak hour trips.
Students living inthe proposed development would beassigned toAnderson Elementary
School, Murray Middle School, and Ashley High School. Students may apply to attend
public magnet, year-round elementary, or specialty high schools. A maximum of 0
dwelling units would be permitted under the current B-2 zoning base density, and l unit
could potentially be developed under the proposed special use permit for an increase of
1 dwelling unit. Based on a generalized historic generation rate, it is estimated that the
increase in homes would result in approximately 0 additional Students than would he
generated under current zoning. Anderson Elementary School has o current capacity of
2O6Y6,Murray Middle School has Dcurrent capacity nflD2%6and Ashley High School has
ocurrent capacity of2DO.546.
G. The 2Ul6Comprehensive Plan classifies the project 3n2a3S[O[DrnUMhvK4iXedUS2,VVNch
encourages mixed uses to include: office, retail, mixed use, recreational, commercial,
institutional, multi -family and single-family residential. The proposed request /s for 1
dwelling unit.
H. Additional conditions have been proposed regarding the preservation of a specimen live
oak and the retention 0fthe existing vegetative buffer.
Page 7 of 7