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HomeMy WebLinkAboutSpecial Use Permits 2018SUP Book ]_Page COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER TO ISSUE A SPECIAL USE PERMIT Camping and Travel Trailer Park in an R -15, Residential Zoning District 517 -04 The County Commissioners for New Hanover County (the "County Commissioners "), having held a public hearing on February 5, 2018 to consider application number 517 -04 submitted by Design Solutions on behalf of CWEST, LLC (the "Applicants ") to develop a camping and travel trailer park at the 9500 -9600 block of River Road, and having heard all of the evidence and arguments presented at the hearing, the County Commissioners conclude that the Applicants produced competent, material, and substantial evidence tending to establish the existence of the facts and conditions which Section 70 -7 of the County Zoning Ordinance requires for the issuance of a special use permit, and from the evidence adduced at the hearing, the Commissioners make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that the following specific requirements set forth in Section 70- 7(1 -4) of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans and findings submitted to the County Commissioners and attached as Exhibit A and incorporated into this special use permit: (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 Zoning Ordinance; (3) The use will not substantially injure the value of adjoining or abutting property, or that the use is a 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 plan of development for New Hanover County. 2. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a 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: A. That the applicant shall fully comply with all of the specific requirements stated in Section 72 of the Ordinance for the proposed use, as well as the proposed and approved site plan, and all other state or federal requirements. B. In accordance with Section 71 -1(1) of the ordinance, the permit shall become null and void if construction or occupancy has not commenced within 24 months of the date of this approval. C. If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction, then this permit shall become void and of no effect. D. Additional Conditions: Page 1 of 3 (1) No camping activity of any kind can occur in any required bufferyard or in the 15 -foot access easement that runs along the northern property line of the subject site. (2) A 20- foot -wide easement shall be dedicated to the County along River Road for the purposes of installing a future pedestrian facility in accordance with the Wilmington /NHC Comprehensive Greenway Plan. Ordered this 5th day of February, 2018. Page 2 of 3 Woody White, Chair.Aan Attest: 4M O"t�A Crowell, Clerk to the Board Exhibit A Findings of Fact: (In Accordance with Section 70 of the New Hanover County Zoning Ordinance) 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. The site is accessed from River Road, a minor arterial street that is operating at an acceptable Level of Service. B. Water services must be provided and designed in accordance with Aqua's standards. Wastewater services must be provided and designed in accordance with DEQ Division of Waste Management's and NHC Environmental Health Services' standards. C. The subject property is located in the New Hanover County South Fire Service District. D. The site is not located within any Special Flood Hazard Area. E. The proposed development is not estimated to generate enough traffic to require a Traffic Impact Analysis be conducted. F. A driveway permit must be obtained from NCDOT. Finding 2: The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. The site is zoned R -15, Residential District. B. Travel Trailer Parks are allowed by special use permit in the R -15 zoning districts. C. The site shall comply with the landscaping and buffering requirements of the Zoning Ordinance. D. A site plan has been included as part of the special use permit application and demonstrates that the requirements of the Mobile Home and Travel Trailer Park Ordinance will be met. 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 surrounding land uses include an existing travel trailer park and low- density residential. The subject property is not located adjacent to residential neighborhoods. B. No evidence has been submitted that this project will decrease the property values of adjacent or nearby properties. 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 2016 Comprehensive Plan classifies the area proposed for the development as General Residential, and the proposal aligns with the intent of this land use classification. The proposal provides recreational opportunities, will have few impacts on existing residential neighborhoods, and is generally compatible with the existing residential and recreational development pattern of the area. B. The proposal includes a 20- foot -wide pedestrian and non - vehicular access easement for a future multi -use path, consistent with the Wilmington /New Hanover County Comprehensive Greenway Plan. Page 3 of 3