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S-631 Staff Summary BOCS-631 Page 1 of 6 SPECIAL USE PERMIT APPLICATION CASE: S-631 PETITIONER: Charles Cliff on behalf of the property owners, Mary Cliff and Betty Gmytruk (Life Estate) REQUEST: Special Use Permit to locate a single-wide mobile home in a RA, Rural Agricultural district ACREAGE: 0.84 acres LOCATION: 196 Eggert Ave PID: R01000-005-058-000 2016 COMPREHENSIVE LAND USE PLAN PLACE TYPE: Rural Residential PLANNING BOARD ACTION: Special Use Permit applications for mobile homes do not require Planning Board consideration. EXISTING CONDITIONS: Existing Zoning and Land Uses The site and surrounding area is zoned RA, Rural Agricultural. The Zoning Ordinance requires single-wide mobile homes to obtain a Special Use Permit when located in certain zoning districts (RA, R-20, I-1, and I- 2). However, it does not require the Planning Board to review SUP applications for mobile homes; a S-631 Page 2 of 6 standard that has been in place since 1990. As single-wide mobile homes are generally not a very complex or impactful use, this allows the application to have a shorter review period. The area consists entirely of residential agricultural uses. There is an existing mobile home park approximately one quarter mile north of the subject site. Existing Site Conditions The subject property is currently vacant. Previously, a double-wide mobile home was located on the property, which is permitted by-right. The septic system which served the previous home is still located on the property and will serve the proposed single-wide. The property is accessed by a 30 foot easement that connects to Eggert Avenue. Conservation, Historic, and Archaeological Resources The subject property does not host any known conservation, historic, or archaeological resources. STAFF POSITION: Zoning Ordinance Considerations The Rural Agricultural district provides for low density single-family residential uses. The regulations of the district encourage rural farming activities and the preservation of open space, and allows development compatible with the preservation of the existing rural character. Conceptual Site Plan S-631 Page 3 of 6 A conceptual site plan is included as part of the application. If this application is approved, the property must be developed in accordance with the site plan. Further, the proposed development must also go through the County’s building permit review process. As currently shown, the site plan complies with the County’s Zoning Ordinance. Traffic As the application is for one single-family residence, trip generation will be very minimal. A Traffic Impact Analysis (TIA) was not required to be completed. Environmental The property does not contain any Special Flood Hazard Areas or Significant Natural Heritage Areas. Based on the Soil Survey of New Hanover County, the soils on site are Wrightsboro fine sandy loam sand (Class II) and Craven fine sandy loam (Class III). The proposed mobile home must comply with applicable septic system standards administered by the Health Department. 2016 Comprehensive Land Use Plan Considerations The property is classified as Rural Residential by the 2016 Comprehensive Land Use Plan. These are rural areas where new development occurs in a manner consistent with existing rural character while also preserving the economic viability of the land. Residential uses are the predominant, but not exclusive, use. Agricultural and rural recreational uses are intermixed with large-lot residential areas that range from 1 to 40 acres. Clustering of homes in smaller lots can provide for conservation of other land while still providing opportunities for residential and agricultural growth. Rural areas have minimal transportation infrastructure requirements; rural collector and arterial roads are sufficient. Relevant Goals, Strategies and Guidelines of the Comprehensive Plan: Goal XV: Provide for a range of housing types, opportunities, and choices. (Desired Outcome: Citizens are not overburdened with the costs or availability of housing but have a diverse range of options that are affordable at different income levels.) S-631 Page 4 of 6 The proposed application is consistent with the future land use map and meets the intent of the Rural Residential place type. It also satisfies Goal XV as the proposed application provides an affordable housing opportunity. STAFF PRELIMINARY CONCLUSIONS AND FINDINGS OF FACT: Staff has conducted an analysis of the proposed use and the information provided as part of the application package and has created preliminary findings of fact to support each of the conclusions required to be reached to approve the special use permit request. These preliminary findings of fact and conclusions are based solely on the information provided to date, prior to any information or testimony in support or opposition to the request that may be presented at the upcoming public hearing at the October 3, 2016 Commissioners meeting. Finding 1: The Board must find that the use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. A. Water and wastewater services (well & septic) for the proposed use must comply with the standards of the Health Department. B. The subject property is located in the New Hanover County North Fire Service District. C. Access to the site will be provided by a 30’ wide private easement. D. The subject site does not host any known cultural or archaeological resources. Staff Suggestion: Evidence in the record at this time supports a finding that the use will not materially endanger the public health or safety where proposed. Finding 2: The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. Single-wide mobile homes are allowed by Special Use Permit in the RA zoning district. B. The site and proposed location of the mobile home complies with the dimensional requirements of the performance residential standards as listed in Section 51.1-2. Staff Suggestion: Evidence in the record at this time supports a finding that the use meets all of the required conditions and specifications of the Zoning Ordinance. Finding 3: The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. The location of the proposed mobile home is in an area consisting of single-family residential uses including mobile homes. B. A double-wide mobile home was previously located on the site. C. An existing mobile home park approximately one quarter mile north of the site. D. No evidence has been submitted that this project will decrease the property values of adjacent or nearby properties. S-631 Page 5 of 6 Staff Suggestion: The evidence in the record at this time supports a finding that the use will not substantially injure the value of adjoining or abutting property. Finding 4: The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. A. The location of the proposed mobile home is in an area consisting of single-family residential uses including mobile homes. B. An existing mobile home park approximately one quarter mile north of the site. C. The 2016 Comprehensive Plan classifies the area proposed for the mobile home as Rural Residential, and the proposal is not in conflict with the intent of the Rural Residential land use classification, and additionally, not in conflict with any other policy of the 2016 Comprehensive Plan. D. Goal XV of the 2016 Comprehensive Plan promotes affordable housing at different income levels. Staff Suggestion: Evidence in the record at this time supports a finding that the use is general conformity with the plan of development for New Hanover County. SUMMARY Staff concludes that the applicant has demonstrated that the proposal complies with the findings of fact specified in Section 71 of the Ordinance. Staff also concludes that, with the information submitted, the applicant has demonstrated that the proposal is not in conflict with the management strategy for the Rural Residential Place Type, and not in conflict with any other policies of the Comprehensive Plan. Note: A Special Use Permit is a quasi-judicial action requiring an evidentiary hearing and findings of fact. ACTION NEEDED (Choose one): 1. Motion for Approval (with or without conditions) 2. Motion to table the item in order to receive additional information or documentation (Specify). 3. Motion for Denial based on specific findings in any of the 4 categories above, such as lack of consistency with adopted plans or determination that the project will pose public hazards or will not adequately meet requirements of the ordinance. Example Motion for Approval: Motion to approve, as the Board of Commissioners find that this application for a Special Use Permit to locate a single-wide mobile home at 196 Eggert Ave: 1. Will not materially endanger the public health or safety; 2. Meets all required conditions and specifications of the Zoning Ordinance; 3. Will not substantially injure the value of adjoining or abutting property; and 4. Will be in harmony with the surrounding area, and is in general conformity of the plans of development for New Hanover County. S-631 Page 6 of 6 [OPTIONAL] And that the following conditions be met: [List Conditions] Example Motion for Denial: Motion to deny, as the Board of Commissioners cannot find that this application for a Special Use Permit to locate a single-wide mobile home at 196 Eggert Ave: [State the finding(s) that the application does not meet and include reasons to why it is not being met] 1. Will not materially endanger the public health or safety; 2. Meets all required conditions and specifications of the Zoning Ordinance; 3. Will not substantially injure the value of adjoining or abutting property; 4. Will be in harmony with the surrounding area, and is in general conformity of the plans of development for New Hanover County.