HomeMy WebLinkAbout2025-07-11 OUT-2125 Response to Comments
Planning & Land Use
Attention: Zach Dickerson, Senior Planner
230 Government Center Drive, Suite 110
Wilmington, NC 28403
RE: Commercial Eating Establishment with Drive- Thru, PID# R04400-
002-036-000, Cook Out restaurant at 7245 Market Street _OUT-
2125
Please find our responses below to your comments for the above-referenced
project.
Planning- Zach Dickerson 910-798-7450
1. General Comments
a. Zoning is B-2, restaurant use permitted by-right.
RESPONSE: Noted.
b. Site plan review invoice: INV-00134314 for $75 is available for
payment at www.nhcgov.com/coast
RESPONSE: Noted.
2. UDO Section 5.1, Parking and Loading
a. Restaurant use requires 6 parking spaces per 1,000 sq ft of seating
area.
RESPONSE: Cover updated to read 42 standard stalls provided
and 4 Handicap stalls with 1 of these being a Van space.
b. Building is 4,163 sq ft, please confirm amount of interior/exterior
seating area.
RESPONSE: Main portion of existing building is 4,163 SF, and
there is an additional existing rear freezer and cooler that is 308 SF
approximately. There will be 52 seats in renovated building and
approximately
c. 26 parking spaces are being retained from the existing conditions, and
it appears that 14 are in the rear for a total of 40 parking spaces on-
site.
RESPONSE: Confirmed.
3. UDO Section 5.2, Traffic, Access and Connectivity
a. Please note that no building permit for any structure shall be issued which
requires NCDOT approval for a Driveway Permit until NCDOT has issued the
permit approval. Evidence of approval shall accompany the application
for building permit.
RESPONSE: The existing driveway is being maintained and will not be
modified as a part of this project unless a TIA deems a need for
modification.
b. It’s possible that a Traffic Impact Analysis will be required for this project
given the potential traffic generated, but I will let the WMPO make that
determination.
RESPONSE: Noted.
4. UDO Section 5.3, Tree Retention
a. Note: Land disturbance permits can be issued by county Engineering
before a Tree Removal Permit is approved by Planning. However, any
trees removed before the Tree Removal Permit is issued may result in
enforcement action under Section 5.3.2 of the Unified Development
Ordinance to include prohibiting any development of the site for 3 to 5
years.
RESPONSE: No trees are proposed to be removed as part of this
project and the disturbed area will be less than 1 acre.
b. It does not appear any trees will be removed for this project. Please
confirm.
RESPONSE: No trees are proposed to be disturbed as part of this
project.
5. UDO Section 5.4, Landscaping and Buffering
a. All surrounding parcels are zoned B-2, no transitional buffers
required.
RESPONSE: Noted.
b. Parking Lot Landscaping
i. For parking lot landscaping, please confirm total amount of
interior parking lot and drive aisles. At a cursory measurement,
it looks like the new parking area is ~4,100 sq ft, excluding
drive aisles around it.
RESPONSE: Noted. The total area of proposed drive isles
and interior parking area is 11,929 SF.
ii. Parking lot landscaping is calculated at 8% of square footage
of parking lot and internal drive aisle.
RESPONSE: Noted. 8% of the total area 11,929 SF is 954.32
SF of required parking lot landscaping.
iii. At a cursory glance, it looks like the 4 parking lot islands to the
rear will satisfy this requirement.
RESPONSE: Noted. The proposed 4 landscaped islands to
the rear of the site comprise a total area of 1,319 SF, which
is 11% of the total interior parking lot and drive isle area,
which meets the required 8% parking lot planting
requirement. These calculations have been added to the
landscape plan, sheet C7.01.
c. Foundation Plantings
i. Foundation Plantings are required for all parts of the building
that face parking or internal drive aisles.
RESPONSE: Noted.
ii. Drive-thru areas are exempt from this requirement.
RESPONSE: Noted.
iii. Per aerial imagery, it looks like there are some foundation
plantings around the building, please confirm these are being
retained.
RESPONSE: Noted. Based on the most current aerial
imagery and photos taken at a site visit last year, the
foundation plantings along the front of the building do not
appear to have survived. New proposed plantings have
been added to the landscape sheet C7.01 to meet the
requirements for foundation plantings.
iv. Per the landscape plan, there are new plantings along the front
of the building, is that correct? It would be helpful if the
landscape plan showed new plantings and existing ones being
retained.
RESPONSE: The previous submittal did not show proposed
plantings along the front of the building, however, upon
review of the site conditions, foundation plantings have
been added to the landscape plan sheet C7.01. Existing
plantings have been added to the landscape plan sheet.
d. Street Yard
i. Aerial imagery shows there is some street yard on the site
already.
RESPONSE: Based on the most recent aerial imagery and
photographs from a site visit last year, there appears to be
some street yard existing on site, however it does not fulfill
the required street yard plantings. There are currently 14
existing shrubs on site and 4 shade trees. An additional 9
ornamental trees and 29 shrubs have been proposed to the
street yard area to meet the requirements per section 5.4.6,
· Market Street Frontage = 193 LF - 25 LF (DRIVE ISLE) -
168 LF
· REQUIRED AREA = (25 SF X 1 LF) (25 SF X 168 LF) -
4,200 SF,
o One Canopy tree or 3 understory trees per 600
SF = 7 canopy trees required
o And 6 shrubs per 600 SF = 42 required
These additional plantings and calculations have been added
to the landscape plan sheet C7.01.
ii. B-2 requires 25 square feet per linear foot of street frontage.
RESPONSE: Noted, see above response.
iii. Please confirm if the existing street yard meets the
requirements per section 5.4.6, street yard plantings.
RESPONSE: Noted, see above response.
6. UDO Section 5.5, Lighting
a. Please note that a lighting plan is not required for TRC approval, but
will be required prior to issuance of construction plan approvals.
RESPONSE: Noted.
b. Is any new lighting proposed for the site?
RESPONSE: No new lighting will be proposed unless current
lighting does not meet city code.
7. UDO Section 5.6, Signs
a. For any signs on the site, please submit for a sign permit, referencing
Section 5.6 of the UDO for standards.
RESPONSE: No new signs will be proposed as part of this plan
submital. There is an existing sign at the front of the site.
8. UDO Section 5.7, Conservation Resources
a. The New Hanover County Conservation Resources map indicates
there are small pockets of Pocosin on this site. However, they do not
hit the 5-acre minimum to trigger the Conservation Resource
requirements.
RESPONSE: Noted.
NHC Fire Services, David Stone 910-798-7458
9. No comments.
RESPONSE: Noted.
NHC Soil & Water Conservation, Brian Dadson 910-798-7138
10. See attached.
RESPONSE: Noted.
NHC Engineering, Galen Jamison 910-798-7072
11. A land disturbing permit issued by the County is required for this project if
the anticipated limits of disturbance is greater than 1 acre. Please digitally
submit the permit application documentation with requisite review fees for
County issued permit directly to gjamison@nhcgov.com. Application and
forms can be found at https://www.nhcgov.com/249/Sediment-Erosion-
Control . Should the land disturbance remain below 1 acre, no land
disturbing permit is required.
RESPONSE: The proposed Limits of Disturbance for this site will be
under an acre. A land disturbance permit will be obtained if it increases
above and acre.
12. Please provide a revision to the stormwater permit (686-11/01/16) issued by
the County and a transfer of ownership form must be completed this project.
Please submit the permit revision documentation with requisite review fees
to the COAST online permit portal
(https://newhanovercountyncenergovpub.tylerhost.net/apps/selfservice#/h
ome ). Application and forms can be found at
https://www.nhcgov.com/251/Stormwater .
RESPONSE: Revision to the stormwater permit in progress.
13. Please contact the State for their stormwater permitting requirements. It is
anticipated a minor modification to the high density permit (SW8160909) will
be necessary.
RESPONSE: : Discussion with State regarding existing permit in
progress.
NHC Environmental Health, Dustin Fenske 910-798-6732
14. Site plan reflects connection to public sewer. 7239 Market St, an adjacent,
property is on a septic system. Any new storm water improvements must
maintain setbacks to this properties septic system.
RESPONSE: All storm and sewer is existing onsite and will not be
modified as part of this plan beyond minor rim adjustments that may be
needed.
15. Site plan reflects connection to public water.
RESPONSE: There is an existing water connection on site that will be
used.
16. Restaurant plans must be submitted and approved by the NC Environmental
Health Plan Review Unit. Approval will be needed prior to building permit
issuance.
RESPONSE: Noted.
NHC Addressing, McCabe Watson 910-798-7068
17. Existing address is acceptable.
RESPONSE: Noted.
Cape Fear Public Authority, Bernice Johnson 910-332-6620
18. CFPUA TRC Comments provided are preliminary comments only.
RESPONSE: Noted.
19. Regarding CFPUA is moving toward becoming paperless. When ready to
submit plan review package, upload all documents to
https://www.cfpua.org/FormCenter/Engineering-3/Engineering-Plan-
Review-103 .
RESPONSE: Noted.
20. CFPUA water and sewer available with existing services.
RESPONSE: The plan is to use these existing services.
21. Meter Sizing Form will be required to determine if existing meter is sufficient,
and if a CFPUA Utility Plan review will be required.
RESPONSE: Existing meter and water service is being utilized. Meter
Sizing Form included in this resubmittal.
NCDOT, Nick Drees 910-343-3915
22. A TIA is required for the proposed development.
RESPONSE: Trip generation and queuing analysis has been completed
and included in this submittal.
23. Driveway Permit/NCDOT Encroachment Agreement.
RESPONSE: No work is to be proposed in the NCDOT ROW unless the TIA
dictates a need for it. The existing entrance and utilities will be used for
the purposes of this project.
24. If the drainage does not naturally flow to the NCDOT right of way the historic
drainage pattern should be maintained.
RESPONSE: No work is to be proposed in or around the entrance area
and therefore the current drainage pattern will be maintained.
25. Show and label the 10’ X 70’ NCDOT sight triangles.
RESPONSE: Site distance triangles have been added to the site plan and
the landscaping plan.
26. Show and label the stopping Sight Distance.
RESPONSE: Stopping Distance has been denoted on Site Plan.
27. Label the radii for the driveway proposed driveway/driveways.
RESPONSE: There are no driveways being proposed. The existing
driveway will be maintained for this project.
28. Label the internal protection stem length for the proposed driveway
connection.
RESPONSE: The stem length has been dimensioned.
29. This development is located within an active NCDOT STIP Project U-4902D.
RESPONSE: Noted.
WMPO, Greer Templer 910-341-0107
30. Provide Auto Turns Movements for Fire and Rescue Vehicles entering and
exiting the U.S. 17/Market Street Driveway.
RESPONSE: An auto turn sheet for a standard pump fire truck will be has
been included with this submittal
31. U-4902D: U.S. 17 Business (Market Street) Roadway Improvements from SR
1403/Middle Sound Loop Road to SR 2734/Marsh Oaks Drive Currently under
construction. This project is occurring directly at the proposed development
site.
RESPONSE: Noted.
32. U-4902D also included in the WMPO’s 2045 MTP.
RESPONSE: Noted.
33. TIA Based on the 11th edition ITE Trip Generation Manual, a TIA is required. A
scoping document must be submitted to the WMPO’s Deputy Director, Abby
Lorenzo (Abigail.Lorenzo@wilmingtonnc.gov), to begin the TIA process.
RESPONSE: Noted
Army Corps of Engineers, Brad Shaver 910-251-4611
34. No comments.
RESPONSE: Noted.