S19-01 Staff Report PB 6.6.2019S19-01 Staff Summary PB 6.6.2019 Page 1 of 7
STAFF SUMMARY OF S19-01
SPECIAL USE PERMIT APPLICATION
APPLICATION SUMMARY
Case Number: S19-01
Request:
Special Use Permit in order to develop a cemetery for family members
Applicant: Property Owner(s):
Benjamin Rivenbark Jack Carlisle
Location: Acreage:
8640 River Road 15.44
PID(s): Comp Plan Place Type:
R08400-002-005-001 Conservation
Existing Land Use: Proposed Land Use:
Residential/Vacant Cemetery
Current Zoning:
R-15, Residential
SURROUNDING AREA
LAND USE ZONING
North Vacant R-15
East Single-Family Residential R-15
South Single-Family Residential R-15
West Vacant/Open Water R-15
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ZONING HISTORY
April 15, 1971 Initially zoned R-15 (Zone 4)
COMMUNITY SERVICES
Water/Sewer Water and Sewer is not proposed for this use
Fire Protection New Hanover County Fire Services, New Hanover County Southern Fire
District, New Hanover County Federal Point Station
Schools Carolina Beach Elementary, Murray Middle, and Ashley High School
Recreation Snows Cut Park, Veterans Park
CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES
Conservation The parcel contains areas of maritime salt thicket and brackish marsh;
however, the cemetery site itself is located on an upland pine forest area.
Historic No known historic resources
Archaeological No known archaeological resources
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Proposed Site Plan
The application is proposing to develop a private family cemetery to be located on a parcel
with an existing single family dwelling. The proposed cemetery in intended only for member
of the owner’s family and will not offer burial plots for sale or any other services to the
general public. The size of the cemetery area will be approximately 35’ x 45’ on an upland
area of the property enclosed with a perimeter fence. The property owner maintains two
single-family dwelling units on the parcel directly to the north of the subject parcel, and the
parcel to the south is also developed with one single family dwelling. The parcels in the
immediate vicinity contain large expanses of coastal wetlands that limit the potential for
additional higher-intensity development.
The North Carolina Cemetery Commission has provided the applicant with documentation
stating that the proposed cemetery will not be subject to the agency’s regulations due to its
size and scope. The applicant intends to employ funeral professionals for all interments and
use modern techniques including sealed caskets, burial vaults, and grave liners to minimize
potential environmental impacts.
Proposed Site Plan
TRANSPORTATION
Access will be provided via an existing private driveway to River Road. The cemetery
location is approximately 550’ west of the intersection of the private driveway and River
Road.
The proposed use is not expected to generate any additional trips in the area or have any
impact to traffic on the nearby road network due to the cemetery being restricted to family
members.
Applicant’s
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ENVIRONMENTAL
The site lies within a VE Special Flood Hazard Area. There are no specific provisions in the
Flood Damage Prevention Ordinance or National Flood Insurance Program regulations that
address the development of cemeteries in Special Flood Hazard Areas. However, general
requirements for development other than buildings and structures in the VE zone require an
analysis from a registered design professional that finds that the development will not
cause any harmful diversion of floodwaters or wave runup and reflection that would
increase damage to adjacent structures. The applicant intends to use anchoring techniques
to prevent potential flotation and lateral movement of the interments during potential
inundation by floodwaters.
The upland area where the cemetery is proposed does not contain wetlands and no impact
to wetland species is anticipated. Due to the proximity to marsh areas, the site is
designated as a Coastal Area Management Act (CAMA) Area of Environmental Concern
(AEC) and a CAMA minor permit will be required prior to any land disturbance on the site.
The site is located within an area designated as a Significant Natural Heritage Area known
as the Doctor Point Hammocks. This area is characterized by an embayment which is nearly
cut off from the Cape Fear River by a narrow sand levee, with expanses of coastal
wetlands and several small upland areas referred to as hammocks. The hammocks have
no specific protection status, and the proposed cemetery is not anticipated to have any
environmental impacts to the Natural Heritage Area due to its limited size and scope.
The subject property lies within the Cape Fear River watershed.
The upland area of the site where the cemetery is proposed contains Dorovan soils,
according to the Soil Survey for New Hanover County.
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2016 COMPREHENSIVE LAND USE PLAN
The New Hanover County Future Land Use Map provides a general representation of the vision
for New Hanover County’s future land use, as designated by place types describing the character
and function of the different types of development that make up the community. These place
types are intended to identify general areas for particular development patterns and should not
be interpreted as being parcel specific.
Future Land Use
Map Place Type
Conservation
Place Type
Description
Covers areas of natural open space and is intended to protect the natural
environment, water quality, and wildlife habitats that serve the public
through environmental education, low-impact recreation, and in their natural
beauty. In these areas, increased density would be discouraged, and low
impact development methods would be required. Such requirements place
limits on development to ensure the protection of resources.
Analysis
A major goal of the Conservation place type is to protect natural resources
by limiting development. While the Comprehensive Plan does not
specifically address this type of use, the proposed family cemetery would
limit future higher intensity development on the site and could assist in
protecting the natural environment.
Consistency
Recommendation
The proposed family cemetery is generally CONSISTENT with the 2016
Comprehensive Plan because it will limit future development and associated
impacts on natural resources in a Conservation area.
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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 for 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 quasi-
judicial hearing at the Board meeting.
Conclusion 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 subject property is located in the New Hanover County South Fire Service District.
B. Access to the site will be provided by an existing private driveway from River Road, which
is an NCDOT maintained roadway.
C. The subject site does not host any known cultural, archaeological, or environmental resources.
D. The proposed use will not generate any additional vehicular trips and is not anticipated to
have any impact on the surrounding transportation network.
E. The applicant intends to employ funeral professionals for all interments and use modern
techniques including sealed caskets, burial vaults, and grave liners to minimize potential
environmental impacts.
F. The applicant intends to use anchoring techniques to prevent potential flotation and lateral
movement of the interments during potential inundation by floodwaters.
Conclusion 2: The Board must find that the use meets all required conditions and specifications
of the Zoning Ordinance.
A. Cemeteries are allowed by Special Use Permit in the R-15, Residential zoning district.
B. The NC Cemetery Commission has provided documentation that states that the proposal
does not fall under their jurisdiction to regulate to the size and scope of the project.
C. An analysis from a registered design professional stating that the development will not
cause any harmful diversion of floodwaters or wave runup and reflection that would
increase damage to adjacent structures will be required prior to development per the Flood
Damage Prevention Ordinance.
D. A CAMA Minor Permit will be required prior to any land disturbance on the site.
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 location of the proposed cemetery is in a residential area currently developed with
very low density on the west side of River Road.
B. The nearest residential structures range from approximately 550’ - 950’ to west and south
of the proposed cemetery. To the east, across River Road, the proposed cemetery is over
1,000’ to the nearest residential structures.
C. Predominant land uses in the immediate vicinity of the subject site are residential, vacant or
conservation space.
D. No evidence has been submitted that this project will substantially injure the value of
adjoining or abutting properties.
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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 plan of development for New Hanover
County.
A. The site currently is developed with one single-family dwelling unit, and is generally located
adjacent to a low density residential area with large areas of conservation resources. The
nearest residential structures range from approximately 550’ - 950’ to west and south of
the proposed cemetery. To the east, across River Road, the proposed cemetery is over
1,000’ from the nearest residential structures.
B. The site is classified as Conservation by the 2016 Comprehensive Land Use Plan. The
Conservation placetype is intended to protect the natural environment, water quality, and
wildlife habitats that serve the public through environmental education, low-impact
recreation, and in their natural beauty. A major goal of the Conservation place type is to
protect natural resources by limiting development. While the Comprehensive Plan does not
specifically address this type of use, the proposed family cemetery would limit future higher
intensity development on the site and could assist in protecting the natural environment. The
proposed family cemetery is generally CONSISTENT with the 2016 Comprehensive Plan
because it will limit future development and associated impacts on natural resources in a
Conservation area.