HomeMy WebLinkAboutApplicationT
NEW HANOVER COUNTY
DEPARTMENT OF PLANNING & LAND USE \ `.
230 Government Center Drive, Suite 1 10 '
Wilmington, North Carolina 28403
Telephone 1910) 798-7165
FAX (910) 798-7053
pl a n n i ngdevel opme nt.n hcg ov.co m
SPECIAL USE PERMIT APPLICATION
This application form must be completed as part of a special use permit application submitted through the county's
online COAST portal. The main procedural steps in the submittal and review of applications are outlined in the flowchart
below. More specific submittal and review requirements, as well as the standards to be applied in reviewing the
application, are set out in Section 10.3.5 of the Unified Development Ordinance.
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*If the proposed use is classified as Intensive industry, the applicant shall conduct a community information meeting in accordance with Section
10.2.3, Community Information Meeting.
1. Applicant and Property Owner Information
Applicant/Agent Name
Owner Name (if different from Applicant/Agent)
Hoosier Daddy, LLC
/
, 0.MRS L , 1 Q `
Company
Company/Owner Name 2
Address
Address
3722 Shipyard Blvd, Suite G
R�12 La1�zv��wr I1rcv�
City, State, Zip
City, State, Zip
Wilmington, NC 28403
Wit nee, g4a 14 c S ti 1,;k
Phone
Phone
Clio — qq_j srau
Email
Email
james@rockfordpartners.net
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Page 1 of 8
Special Use Permit Application — Updated 02-2022
2. Subject Property Information
Address/Location
Parcel Identification Number(s)
See attached.
See attached.
Total Parcel(s) Acreage
Existing Zoning and Use(s)
Future Land Use Classification
43.10 acres
R-15
Urban Mixed Use and General Residential
3. Proposed Zoning, Use(s), & Narrative
Please list the proposed use(s) of the subject property, and provide the purpose of the special use permit and a
project narrative (attach additional pages if necessary).
See attached.
4. Proposed Condition(s)
Please note: Within a special use permit proposal, additional conditions and requirements which represent greater
restrictions on the development and use of the property than the corresponding zoning district regulations may be
added. These conditions may assist in mitigating the impacts the proposed development may have on the surrounding
community. Please list any conditions proposed to be included with this special use permit application below. Staff,
the Planning Board, and Board of Commissioners may propose additional conditions during the review process that
meet or exceed the minimum requirements of the Unified Development Ordinance.
See attached.
Page 2 of 8
Special Use Permit Application — Updated 02-2022
5. Traffic Impact
Please provide the estimated number of trips generated for the proposed use(s) based off the most recent version
of the Institute of Traffic Engineers (ITE) Trip Generation Manual. A Traffic Impact Analysis (TIA) must be
completed for all proposed developments that generate more than 100 peak hour trips, and the TIA must be
included with this application.
ITE Land Use: See attached.
Trip Generation Use and Variable (gross floor area, dwelling units, etc.)
AM Peak Hour Trips: I PM Peak Hour Trips:
6. Criteria Required for Approval of a Special Use Permit
A use designated as a special use in a particular zoning district is a use that may be appropriate in the district, but
because of its nature, extent, and external impacts, requires special consideration of its location, design, and methods
of operation before it can be deemed appropriate in the district and compatible with its surroundings. The purpose is
to establish a uniform mechanism for the review of special uses to ensure they are appropriate for the location and
zoning district where they are proposed.
For each of the four required conclusions listed below, include or attach a statement that explains how any existing
conditions, proposed development features, or other relevant facts would allow the Board of County Commissioners to
reach the required conclusion, and attach any additional documents or materials that provide supporting factual
evidence. The considerations listed under each required conclusion are simply those suggested to help the applicant
understand what may be considered in determining whether a required conclusion can be met. Any additional
considerations potentially raised by the proposed use or development should be addressed.
1. The use will not materially endanger the public health or safety if located where proposed and approved.
Considerations:
• Traffic conditions in the vicinity, including the effect of additional traffic on streets and street intersections, and
sight lines at street intersections with curb cuts;
• Provision of services and utilities, including sewer, water, electrical, garbage collections, fire protection;
• Soil erosion and sedimentation;
• Protection of public, community, or private water supplies, including possible adverse effects on surface waters
or groundwater; or
• Anticipated air discharges, including possible adverse effects on air quality.
See attached.
Page 3 of 8
Special Use Permit Application — Updated 02-2022
2. The use meets all required conditions and specifications of the Unified Development Ordinance.
See attached.
3. The use will not substantially injure the value of adjoining or abutting property, or that the use is a public
necessity.
Considerations:
• The relationship of the proposed use and the character of development to surrounding uses and development,
including possible conflicts between them and how these conflicts will be resolved (i.e. buffers, hours of
operation, etc.).
• Whether the proposed development is so necessary to the public health, safety, and general welfare of the
community or County as a whole as to justify if regardless of its impact on the value of adjoining property.
See attached.
Page 4 of 8
Special Use Permit Application — Updated 02-2022
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 New Hanover County
Comprehensive Land Use Plan.
Considerations:
• The relationship of the proposed use and the character of development to surrounding uses and development,
including possible conflicts between them and how these conflicts will be resolved (i.e. buffers, hours of
operation, efc.).
• Consistency with the Comprehensive Plan's goals, objectives for the various planning areas, its definitions of
the various land use classifications and activity centers, and its locational standards.
See attached.
Page 5 of 8
Special Use Permit Application — Updated 02-2022
Staff will use the following checklist to determine the completeness of your application. Please verify all of the
listed items are included and confirm by initialing under "Applicant Initial'. If an item is not applicable, mark as
"N/A". Applications determined to be incomplete must be corrected in order to be processed for further review;
Staff will confirm if an application is complete within five business days of submittal.
Applicant
Application Checklist Initial
0 This application form, completed and signed
0 Application fee:
• $500; $250 if application pertains to a residential use (i.e., mobile home, n
duplex, family child care home).
0 Traffic Impact Analysis (if applicable) "el, Z
• The official TIA approval letter is recommended prior to this item being placed on the To be provided
Planning Board meeting agenda.
• The official TIA approval letter is regluired prior to this item being placed on the Board
of Commissioners meeting agenda.
2 Conceptual Site Plan including the following minimum elements:
• Tract boundaries and total area, location of adjoining parcels and roads
• Proposed use of land, structures and other Improvements
o For residential uses, this shall include number, height, and type of units;
area to be occupied by each structure; and/or subdivided boundaries.
o For non-residential uses, this shall include approximate square footage
and height of each structure, an outline of the area it will occupy, and the
specific purposes for which it will be used.
• Proposed transportation and parking improvements; including proposed rights -of -
way and roadways; proposed access to and from the subject site; arrangement
and access provisions for parking areas.
• All existing and proposed easements, required setbacks, rights -of -way, and
buffering.
• The location of Special Flood Hazard Areas.
• The approximate location of regulated wetlands.
• A narrative of the existing vegetation on the subject site including the approximate
location, species, and size (DBH) of regulated trees. For site less than 5 acres, the
exact location, species, and sized (DBH) of specimen trees must be included.
• Any additional conditions and requirements that represent greater restrictions on
development and use of the tract than the corresponding general use district
regulations or additional limitations on land that may be regulated by Federal or
State law or local ordinance.
• Any other information that will facilitate review of the proposed special use permit
(Ref. Section 10.3.5, as applicable) �
❑ Applications for uses in the intensive industry category must also submit:
• Community meeting written summary
• A list of any local, state, or federal permits required for use N/A
0 One (1) hard copy ofALL documents and site plan. Additional hard copies may be
required by staff depending
endinggonon the size of the document/site plan.
0 One (1) digital PDF copy of ALL documents AND plans
❑ For wireless support structures or substantial modifications, the elements listed on the
attached checklist N/A
Page 6 of 8
Special Use Permit Application — Updated 02-2022
7. Acknowledgement and Signatures
By my signature below, I understand and accept all of the conditions, limitations, and obligations of the special use
permit for which I am applying. I understand that the existing Official Zoning Map is presumed to be correct. I
understand that I have the burden of proving that the proposal meets the four required conclusions. I certify that
this application is complete and that all information presented in this application is accurate to the best of my
knowledge, information, and belief.
If applicable, I also appoint the applicant/agent as listed on this application to represent me and make decisions
on my behalf regarding this application during the review process. The applicant/agent is hereby authorized on
my behalf to:
1. Submit an application including all required supplemental information and materials;
2. Appear at public hearings to give representation and comments;
3. Act on my behalf without limitations with regard to any and all things directly or indirectly connected with
or arising out of this application; and
4. Provide written consent to any and all conditions of approval.
S nature of Pro y ner(s) Print Name(s)
:i2- !,, 7t�L 'J4-75 L J ear s�
Si ature of App ' an gent Print Name
Note: This form must be signed by the owner(s) of record. If there are multiple property owners, a signature is
required for each owner of record.
The landowner or their attorney must be present for the application at the preliminary forum and public
hearing.
If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice
has been sent to the newspaper, the item will be calendared for the next meeting and no fee will be required. If delay is
requested after notice has been sent to the newspaper, the Board will act on the request at the scheduled meeting and are
under no obligation to grant the continuance. If the continuance is granted, a fee in accordance with the adopted fee schedule
as published on the New Hanover County Planning website will be required.
Page 7 of 8
Special Use Permit Application — Updated 02-2022
7. Acknowledgement and Signatures
By my signature below, I understand and accept all of the conditions, limitations, and obligations of the special use
permit for which I am applying. I understand that the existing Official Zoning Map is presumed to be correct. I
understand that I have the burden of proving that the proposal meets the four required conclusions. I certify that
this application is complete and that all information presented in this application is accurate to the best of my
knowledge, information, and belief.
If applicable, I also appoint the applicant/agent as listed on this application to represent me and make decisions
on my behalf regarding this application during the review process. The applicant/agent is hereby authorized on
my behalf to:
1. Submit an application including all required supplemental information and materials;
2. Appear at public hearings to give representation and comments;
3. Act on my behalf without limitations with regard to any and all things directly or indirectly connected with
or arising out of this application; and
4. Provide written consent to any and all conditions of approval.
4� S6 J a C11�` RT C sye
r
Signature of Property Owner(s) Print Name(s)
o T
(--
SiglKature of Applicant/ nt Print Name
Note: This form must be signed by the owner(s) of record. If there are multiple property owners, a signature is
required for each owner of record.
The landowner or their attorney must be present for the application at the preliminary forum and public
hearing.
If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice
has been sent to the newspaper, the item will be calendared for the next meeting and no fee will be required. If delay is
requested after notice has been sent to the newspaper, the Board will act on the request at the scheduled meeting and are
under no obligation to grant the continuance. If the continuance is granted, a fee in accordance with the adopted fee schedule
as published on the New Hanover County Planning website will be required.
Page 7 of 8
Special Use Permit Application — Updated 02-2022
Firefox
about:blank
May IV',202
To whom it may concern,
I, Jack Carlisle, give James yopp authorization to submit, sign, request items, request work approval, on
behalf of me, E85 Transport LLC, Hoosier Daddy LLC, and Rockhill Road Investments for Tarin Woods,
Tarin Woods II, Sunset Reach, Nixon Connection, and Sunset Towns. This authorization is to New Hanover
County, CFPUA, The City of Wilmington and any othergovernment agencies including but not limited to
NCDENR, Corps of Engineers, and NCDOT.
Si Icer
rlisle
County, North Carolina
I certify that the following person(s) personally appeared before me this day, each ack(towledging to me
that he or she signedhe foregoing document:
L< GC Ca rkde)
(Name(s) of principal(s)
Date: 1 J
IH irrr///i
NtRO\ OVE
Official Signature of Notary
�m( 6CeUj Notary Public
Notary's Printed Name
My commission expires:
I oft
4/3/2024, 7:36 PM
Ironwood Special Use Permit Application
3. Proposed Zoning, Use(s), & Narrative
This Special Use Permit ("SUP") is sought to authorize additional dwelling density in the R-15
zoning district in accordance with Section 3.1.3.E of the New Hanover County Unified
Development Ordinance ("UDO"). The total requested density is 6.75 dwelling units per acre;
Section 3.1.3.E of the UDO authorizes a request of up to 10.2 dwelling units per acre.
This project proposes the development of the subject property with townhouse style dwellings,
including a mix of duplex, triplex, quadraplex, multi -family condominiums, and row -style
dwellings as defined in the UDO.
Development of this type is aligned with the values expressed in New Hanover County's
Comprehensive Land Use plan that suggest that higher density residential development serves
as an appropriate buffer from commercial services to lower density residential neighborhoods.
The subject property is adjacent to single-family development to the east and south. This project
nests higher density development between Carolina Beach Road, a major commercial
thoroughfare, the Monkey Junction commercial node, and said single-family, lower density
development and serves as not only an appropriate, but important, transitional buffer.
Earlier in 2025, the Board of Commissioners denied this property owner's application for a
special use permit on a portion of the subject property that sought 10.2 dwelling units per acre
and proposed 444 dwelling units consisting of 290 multi -family apartments, 146 row -style
townhomes and 8 single family detached dwellings. The project was denied because the
Commissioners determined that one of the buildings on the proposed site plan exceeded the
allowable height requirement within the district and that the direct access requirement of UDO
Section 3.1.3.E.2.b was not satisfied. This proposal not only addresses both of those concerns —
by ensuring compliance with all express requirements of the UDO, including those previously
identified by the Commissioners — but is a significant departure from the earlier application.
This application proposes
(1) different dwelling styles — townhouses, compared to predominantly multi -family
apartment -style in the previous application;
(2) less density — 6.75 dwelling units per acre, compared to 10.2 dwelling units per acre
in the previous application; and
(3) direct access to a major or minor arterial roadway along the northwestern arm of the
subject property.
At meetings of the Planning Board and Board of Commissioners, adjacent property owners
expressed concerns about the impact of the density included with the earlier application on the
related infrastructure. This application addresses that concern by slashing the requested density
by one-third — from 444 dwelling units to 291 dwelling units -- to mitigate the suggested
impacts.
Although the overwhelming suggestion expressed throughout the course of the proposed
development of this property indicates that parties would like to see the tract left undisturbed,
development on a desirable piece of land in New Hanover County such as this parcel is
inevitable. This project faces the definition of "responsible growth" head on by satisfying
statutory criteria, meeting the County's enumerated goals and ensuring complained -about
infrastructure is improved through compliance with existing traffic impact improvement
requirements. This proposal sets forth a well -thought project that marries:
(1) the needs of the community to have accessible, affordable, for -sale housing;
(2) the desire of the County to ensure smart development that effectively transitions from
commercial to residential development; and
(3) the expressed desires of property owners that have already settled in homes adjacent
to the subject site to maintain sustainable growth that harmonizes with the surrounding
area.
4. Proposed Conditions
1. Existing trees shall be retained, or another appropriate traffic prevention measure shall be
established at the eastern terminus of Rosa Parks Drive to prevent vehicular ingress and egress
until such time a written agreement is reached to provide connectivity. An access easement shall
be recorded on the final plat from the edge of pavement to the property line with Rosa Parks
Drive to ensure the possibility of future access.
2. Dwelling types approved with this application may be reconfigured on the site and such
changes may be approved by staff without the requirement for a modification to the permit so
long as the changes do not substantially change the approved site design or exceed the approved
unit count or density.
3. A homeowners association meeting the following requirements shall be established prior to
the conveyance of the first lot:
a. When a plat or map is to be recorded, the maps or plat shall contain a Certificate
indicating the book and page number of the homeowner association covenants, conditions and
restrictions;
b. Responsibilities for maintenance of private streets, open space, recreation facilities,
and other common areas shall be specified, including the ongoing maintenance of the pervious
concrete;
c. Responsibilities for exterior maintenance of attached dwelling units shall be specified;
and
d. The Association shall be authorized to rebuild damaged or destroyed portions of
structures containing attached dwelling units when the individual owner fails to do so.
5. Traffic Impact
The ITE Land Use is "Attached Single Family (LUC 215)". This SUP falls within the existing
TIA for Tarin Woods II based upon the proposed development's density, as the estimated
additional trips at peak hours do not exceed what is already approved. A table reflecting the
approved TIA for the site and the proposed trip generation of this application is below for
illustrative purposes.
Ironwood SUP — Currently Approved
TIA
Land Use
Density
Variable
Daily
AM
Peak Hour
PM Peak Hour
Enter
Exit
Total
Enter
Exit
Total
Detached Single Family (LUC 210)
125
DU
1239
23
68
91
77
46
123
Attached Single Family (LUC 215)
241
DU
1786
30
90
120
83
58
141
Total
366
DU
3025
53
158
211
160
104
264
Ironwood SUP - Proposed
Land Use
Density
Variable
Daily
AM Peak Hour
PM Peak Hour
Enter
Exit
Total
Enter
Exit
Total
Attached Single Family (LUC 215)
1 291
1 DU
1 2167
36
110
146
101
70
1 171
6. Criteria Required for Approval of a Special Use Permit
1. The use will not materially endanger the public health or safety if located where
proposed and approved.
The proposed use is consistent with adjacent uses within the area as it proposes a
variety of single-family attached dwelling types to serve as a transition from
Carolina Beach Road and the Urban Mixed Use place type surrounding the
Monkey Junction commercial node to the adjacent single-family detached
dwellings.
Utility services are available for this property, and the property will be served by
existing or installed infrastructure for stormwater, soil erosion and sedimentation
control. Traffic improvements have been or will be installed in accordance with
an approved TIA.
Additional open space is proposed to be set aside to comply with the requirements
of the UDO. The total open space set aside as part of this application is over 35%,
coming in at 658,374 square feet.
For all these reasons, the proposed use(s) will not materially endanger the public
health or safety if located where proposed.
2. The use meets all required conditions and specifications of the Unified Development
Ordinance.
The proposed development meets all applicable, express requirements of the
UDO, including the requirements delineated in UDO Section 3.1.3.E, as more fully
outlined below.
1. Site Capacity
The proposed additional density is 6.75 dwelling units per acre.
2. Location and Access
The Property is within 250-feet of an Urban Mixed Use place type. The
project will include direct access to and from an existing major or minor
arterial roadway as indicated on the most recent officially adopted Wilmington
MPO Functional Classification Map. The Property, further, is not located with
the AE or VE special flood hazard areas or CAMA Estuarine Areas of
Environmental Concern.
3. Required Open Pace and Improved Recreational Land.
This proposal sets aside at least 35% of the gross site area as open space.
4. District Improvement Requirements.
Public sewer, water and underground stormwater drainage are currently
available on the Property or included as a part of this proposed development.
The impervious surface area is 751,043 square feet, or just under the ratio of
.40 of the gross site area.
5. Setbacks
Proposed setbacks are at least 25 feet, or, where required, at least the height of
the structure for those structures over 25 feet that are adjacent to existing
detached residential development. Dwelling units are spaced as required in
Section 3.1.3.E.5.c of the UDO.
6. Other Development Standards
Buffer strips, parking, signs and sewage disposal facilities are or will be
provided in accordance with applicable standards.
7. Homeowners Association
The Property will be a part of an established homeowners' association
satisfying the delineated UDO criteria prior to the conveyance of the first lot,
and this is proposed as a condition to the SUP.
Furthermore, Section 5.1.4.A.3 of the UDO states that pervious surfaces used
for drive aisles, driveways, parking and loading areas shall be certified as
capable of accommodating anticipated traffic loading stresses and
maintenance impacts, which will be so certified. This project proposes 84,497
square feet of pervious concrete driveways and 75,857 square feet of pervious
concrete parking. Restrictive covenants established pursuant to proposed
condition #3 will include provisions for ongoing maintenance.
3. The use will not substantially injure the value of adjoining or abutting property, or that
the use is a public necessity.
This SUP is sought to authorize additional dwelling units within the R-15 zoning
district, above the density authorized by right. The proposed use is authorized by
right, as the R-15 zoning district is identified within the UDO as a predominantly
residential district. The development type is consistent and harmonious with
adjacent uses, and, therefore, will not substantially injure the value of adjoining or
abutting property.
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 New Hanover County Comprehensive Land Use Plan.
As already described, the location and character of the use, if developed according
to the plan as submitted, will be harmonious with the surrounding uses, as the
proposal and the existing adjacent properties are all residential in nature.
The increased density on this tract will provide a transitional buffer from Carolina
Beach Road and the Monkey Junction commercial node, which house primarily
commercial uses, to the single-family detached dwellings to the east and south of
the subject site. The proposed development pattern is directly aligned with the
values expressed in New Hanover County's Comprehensive Land Use plan that
express that higher density residential development serves as an appropriate
buffer from commercial services to lower density residential neighborhoods.
R07600-004-027-000 5669 Carolina Beach Road
R07600-004-028-000 5671 Carolina Beach Road
R07600-004-035-000 1051 Rosa Parks Lane
R07600-004-035-001 1055 Rosa Parks Lane
R07600-004-037-000 1052 Rosa Parks Lane
R07600-004-038-000 1046 Rosa Parks Lane
R07600-004-045-000 5713 Carolina Beach Road
R07600-004-052-000 5831 Carolina Beach Road
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