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HomeMy WebLinkAboutS23-04 BOC Staff ReportS23-04 Staff Report BOC 10.2.2023 Page 1 of 14 STAFF REPORT FOR S23-04 SPECIAL USE PERMIT APPLICATION APPLICATION SUMMARY Case Number: S23-04 Request: Special Use Permit for a Campground / Recreational Vehicle (RV) Park Applicant: Property Owner(s): Douglas Grant Douglas Grant Location: Acreage: 8102, 8104, 8106 Sidbury Road 19.21 PID(s): Comp Plan Place Type: R02000-003-012-000, R02000-003-005-000, R02000-003-013-000 Community Mixed Use Existing Land Use: Proposed Land Use: Vacant Wooded Land Campground / RV Park Current Zoning: R-15 Residential SURROUNDING AREA LAND USE ZONING North Residential R-15 East Residential, Equestrian Facility R-15 South Residential, State-owned mitigation land R-15 West Residential, State-owned mitigation land R-15 S23-04 Staff Report BOC 10.2.2023 Page 2 of 14 ZONING HISTORY July 7, 1972 Initially zoned R-15 (Area 8A) COMMUNITY SERVICES Water/Sewer CFPUA water and sewer not currently available. Private well and septic system(s) approved by New Hanover County Environmental Health and the state Department of Environmental Quality (DEQ) will be required. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Porters Neck Fire Station. Schools Castle Hayne Elementary, Holly Shelter Middle, and Laney High Schools Recreation No nearby county-owned recreational facilities. CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation The County’s Conservation Resources Map indicates the site to have no conservation resources. Historic No known historic resources Archaeological No known archaeological resources S23-04 Staff Report BOC 10.2.2023 Page 3 of 14 APPLICANT’S PROPOSED PLAN Site Plan for Proposed RV Park • The applicant is requesting a special use permit for a recreational vehicle (RV) park for a maximum of 66 RV campsites with separate structures for a laundry facility, a clubhouse with restroom and shower facilities, a pool, and a maintenance building. N Stormwater Septic Areas 66 RV Campsites S23-04 Staff Report BOC 10.2.2023 Page 4 of 14 • A passive recreation field is proposed adjacent to a stormwater pond with approximately 2.23 acres reserved for required septic system(s). • A 50-foot vegetated buffer has been provided around the perimeter of the site except along the driveway access to Sidbury Road. • The subject site is currently located on approximately 19.21 acres on Sidbury Road. • The property is currently zoned R-15. • Site access is proposed as a full-access driveway onto Sidbury Road. Farm Road is an undeveloped private, unimproved right-of-way. No access is proposed to Farm Road. • Following the August 3 Planning Board preliminary forum, the applicant provided additional conditions for consideration by the Board of Commissioners. Because the conditions were not included in the original Special Use Permit application materials they were not included with the preliminary findings of fact, however the board may consider adding any of the proposed conditions. ZONING CONSIDERATIONS • New RV parks are permitted in the R-15 district with approval of a Special Use Permit and are subject to supplemental standards in Section 4.3.4.E.2 of the Unified Development Ordinance (UDO). These standards generally address minimum number and size of spaces, open space, setbacks, access, and requirements for Environmental Health approval of private well and septic systems. • As proposed, the site meets the specifications of Section 4.3.4.E.2 of the UDO. • If approved, the project would be subject to Technical Review Committee and Zoning Compliance review processes to ensure full compliance with all ordinance requirements and specific conditions included in the approval. Only minor deviations from the approved conceptual plan, as defined by the UDO, would be allowed. S23-04 Staff Report BOC 10.2.2023 Page 5 of 14 AREA DEVELOPMENT S23-04 Staff Report BOC 10.2.2023 Page 6 of 14 TRANSPORTATION CURRENT CONDITIONS Intensity of Current Zoning Vacant Land PROPOSED ACCESS Primary Access Sidbury Road via a full access driveway. Secondary Access N/A EXISTING ROADWAY CHARACTERISTICS Affected Roadway Sidbury Road Type of Roadway NCDOT Secondary Route S23-04 Staff Report BOC 10.2.2023 Page 7 of 14 Roadway Planning Capacity (AADT) 10,979 vehicles per day Latest Traffic Volume (AADT) 3,200 Latest WMPO Point-in-Time County (DT) No recent data count Current Level of Congestion Available Capacity NEARBY NCDOT STIP ROADWAY PROJECTS R-3300A – Hampstead Bypass (Right-of-way acquisition in progress. 2026 construction year) Extension of Military Cutoff to Pender County. TRAFFIC GENERATION Traffic Generated by Present Designation Traffic Generated by Proposed Designation Potential Impact of Proposed Designation AM Peak Hour Trips 38 14 -24 PM Peak Hour Trips 50 18 -32 TRAFFIC IMPACT ANALYSIS (TIA) The estimated traffic generated from the site is under the 100 peak hour threshold that triggers the ordinance requirement for a Traffic Impact Analysis (TIA). SUMMARY The proposed project is located along a NCDOT secondary route that has available capacity. The proposed project is below the requirement for a TIA and reduces the estimated trip generation for the site by approximately half. The project site is in proximity to the future Military Cutoff expansion to the west and a curve in Sidbury Road to the east. NCDOT driveway permit requirements must be met to address access conditions before the project can receive a final Certificate of Occupancy. ENVIRONMENTAL • The subject property is not within any Special Flood Hazard Areas. • The Army Corps of Engineers issued a jurisdictional determination on February 13, 2023 that there are no wetlands on site. • The property is not within a Natural Heritage Area. • The subject property is located within the Island Creek Watershed. • The New Hanover County Conservation Resources Map indicate no conservation resources are present on the site. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class II (moderate limitation) and Class III (severe limitation) soils. Appropriate testing and permitting by Environmental Health will be required to verify the property can adequately support the septic needs of the project. S23-04 Staff Report BOC 10.2.2023 Page 8 of 14 OTHER CONSIDERATIONS Context and Compatibility • The area is predominately low-density residential and vacant, wooded land with an equestrian facility directly adjacent to the proposed use. • Campground and RV uses are permitted with a Special Use Permit in most low to moderate density residential districts and the use is in line with rural development patterns. • Planning staff has received inquiries about RV camping in the unincorporated areas of the county. The proposed use would provide an additional opportunity for recreational camping. • New Hanover County has funded a project to extend sewer infrastructure through the northern portion of the county ending at the future Hampstead bypass. Due to NCDOT wetland mitigation land, the Seagreen Farms conservation land, and existing sewer utilities from Pender County, future development east of the bypass is anticipated to be served by private septic systems or through utilities provided by Pender County. 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 Community Mixed Use Place Type Description The community mixed use place type focuses on small-scale, compact, mixed use development patterns that serve all modes of travel and act as an attractor for county residents and visitors. Types of appropriate uses include office, retail, mixed use, recreational, commercial, institutional, and multi- family and single-family residential. S23-04 Staff Report BOC 10.2.2023 Page 9 of 14 Analysis The subject property is located along Sidbury Road, a secondary roadway corridor predominately serving single-family residences and agricultural uses. Public utilities are not currently available at the site. If approved, local and state inspections and permitting will be required for well and septic service. The proposed use will generate an estimated 14 AM and 18 PM peak hour trips. The estimated trip generation is less than the estimated trips generated if developed residentially. The 2016 Comprehensive Plan classifies the property as Community Mixed Use, which encourages recreational and commercial uses but does not provide specific policy direction for the proposed use. One of the goals of the plan is to support business success and promote place-based economic development. The Community Mixed Use place type also states that typically large-scale, lower density commercial developments are incompatible with the place type which focuses on small-scale, compact, mixed use development patterns that serve all modes of travel. EXAMPLE MOTIONS Staff does not provide a recommendation for Special Use Permit however staff has compiled information to assist the Board in their decision making to determine the appropriate Findings of Fact relevant to each required conclusion in the attached Required Conclusions and Preliminary Findings of Fact to Date. Based on the evidence presented to the Board, one of the following motions could be made: Example Motion for Approval: Motion to approve the permit as the Board finds that this application for a Special Use Permit meets the four required conclusions based on the findings of fact included in the Staff Report and additional evidence presented at the public hearing. OPTIONAL (if conditions have been identified that will bring the proposal in line with the required conclusions.) Subject to the following conditions agreed to by the applicant: _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ __________________ S23-04 Staff Report BOC 10.2.2023 Page 10 of 14 Example Motion for Denial: Motion to deny the permit because the Board cannot find (choose all that apply): a. That the use will not materially endanger the public health or safety if located where proposed (for the following reason(s)): ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ __________________ b. That the use meets all required condition and specifications (for the following reason(s)): ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ __________________ c. That the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity (for the following reason(s)): ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ __________________ d. 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 Comprehensive Land Use Plan for New Hanover County (for the following reason(s)): ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ __________________ S23-04 Staff Report BOC 10.2.2023 Page 11 of 14 REQUIRED CONCLUSIONS AND PRELIMINARY FINDINGS OF FACT TO DATE: After an analysis of the proposed use and the information provided as part of the application package staff have compiled the facts provided in the application and identified through staff technical review and analysis. They are organized by the applicable conclusion. These findings are preliminary and additional relevant facts may be presented during the public hearing. Compiled facts may or may not support the Board’s conclusion. 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. Compiled Facts May or May Not Support the Board’s Conclusion. Relevant Findings of Fact Presented to Date: A. CFPUA water and sewer are not currently available. Private well and septic system(s) approved by New Hanover County Environmental Health and the state Department of Environmental Quality (DEQ) will be required. B. New Hanover County has funded a project to extend sewer infrastructure through the northern portion of the county ending at the future Hampstead bypass. Due to NCDOT wetland mitigation land, the Seagreen Farms conservation land, and existing sewer utilities from Pender County, future development east of the bypass is anticipated to be served by private septic systems or through utilities provided by Pender County. C. The subject property is located in the New Hanover County Southern Fire Service District. D. Access to the site will be provided by a full access driveway to Sidbury Road. E. The National Wetlands Inventory and the New Hanover County Conservation Resources Map indicate no wetlands are present on the site. F. The proposed use will generate an estimated 14 AM and 18 PM peak hour trips. The estimated trip generation is less than the estimated trips generated if developed residentially. Conclusion 2: The Board must find that the use meets all required conditions and specifications of the Unified Development Ordinance. Compiled Facts May or May Not Support the Board’s Conclusion. Relevant Findings of Fact Presented to Date: A. A Campground and RV Parks is allowed by Special Use Permit in the R-15, Residential zoning district. B. Section 4.3.4.E.2.a requires RV parks to contain at least 25 spaces. The proposed project contains 66 spaces. C. Section 4.3.4.E.2.c requires each space to be a minimum of 2,000 square feet. The proposed site plan contains a mixture of 2,000 square foot and 3,000 square foot minimum space sizes. D. Section 4.3.4.E.2.e requires all RV spaces be setback a minimum of 40 feet from street rights-of-way. The proposed site plan includes 50-foot setbacks from property lines. S23-04 Staff Report BOC 10.2.2023 Page 12 of 14 E. Section 4.3.4.E.2.f requires all spaces be located on sites with elevations that are not susceptible to flooding. The subject property is not within the Special Flood Hazard Area and a jurisdictional determination finding no wetlands on site was made by the Army Corps of Engineers on February 13, 2023. F. Section 4.3.4.E.2.g requires RV parks to have all weather roads directly abut each space and all road rights-of-way shall be 20 feet exempt that one-way roads may have a minimum width of 12 feet, areas of heavy traffic use shall be 30 feet. The proposed site plan provides the required right-of-way widths and road material shall be inspected prior to issuance of a Certificate of Occupancy. G. Section 4.3.4.E.2.h requires no space shall have direct vehicular access to public road. No spaces shown on the site plan have direct access to a public road. H. Section 4.3.4.E.2.i requires the park be developed with proper drainage ditches. New Hanover County Engineering must review and approve a stormwater permit prior to any building permit issuance or addition of impervious surface to the site. I. Section 4.3.4.E.2.j requires culs-de-sac or dead-end roads shall not exceed 1,000 feet in length measured from the entrance to the center of the turnaround. No culs-de-sac or dead- end roads are included in the site plan. J. Section 4.3.4.E.2.k requires that if two access points are provided on a public road, they must be a minimum of 300 feet apart. The proposed site plan provides one access point to a public road. K. Section 4.3.4.E.2.l requires RV parks have a central structure that will provide separate toilet facilities for both sexes. The proposed site plan contains a clubhouse with bathroom and shower facilities. L. Section 4.3.4.E.2.m requires no swimming pool or bathing area shall be installed, altered, improved, or used without compliance with applicable Health Department regulations. No bathing area shall be used without the approval of the New Hanover County Health Department. The proposed site plan includes a swimming pool and bathing area which shall be permitted and inspected by the New Hanover County Environmental Health division of the Health Department. M. Section 4.3.4.E.2.n requires adequate and appropriate directional signage internal to the RV park site with indirect, non-flashing lighting allowed for sign illumination. Signage location and lighting required at commercial site plan review. Proposed signage and lighting must be approved by the Technical Review Committee before issuance of any building permits for the site. N. Section 4.3.4.E.2.o requires sanitary facilities be adequately lit, maintained, and conform with New Hanover County Health Department requirements. Proposed site plan includes location of sanitary facilities. Certificate of Occupancy shall not be issued without approval of the sanitary facilities by the Environmental Health division of the Health Department. O. Section 4.3.4.E.2.p requires the water supply be safe, adequate, conveniently located, and compliant with New Hanover County Health Department requirements. Certificate of Occupancy shall not be issued without approval of the state Department of Environmental Quality Drinking Water division due to the estimated number of connections to the well water system. P. Section 4.3.4.E.2.q requires sewage disposal systems comply with Health Department requirements, that the park provide at least one sewage dumping station. Sewage disposal S23-04 Staff Report BOC 10.2.2023 Page 13 of 14 shall be reviewed, permitted, and approved by the Environmental Health division of the Health Department. Q. Section 4.3.4.E.2.r requires a minimum of 0.25 acres of open space for every 50 spaces. The site plan proposes a minimum of 0.40 acres of open space, approximately 0.15 acres above the minimum required open space. R. Section 4.3.4.E.2.s requires fire hydrants connected to a central water system be approved by the Fire Marshal. Water will be provided to the project by private wells. Fire Marshal shall review and approve site plan through the Technical Review Committee. S. Section 4.3.4.E.2.t the park owner shall be responsible for refuse collection. T. Section 4.3.4.E.2.u states one mobile home may be allowed in a park as an office and / or residence for persons responsible for operation and maintenance of the park. No mobile homes are proposed as part of the request. U. Section 4.3.4.E.2.v requires the operator to keep an accurate register containing a record of all occupants of the park and the record shall be available at all times for inspection by law enforcement officials, public health officials, and other officials whose duties necessitate acquisition of the information contained in the register. 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. Compiled Facts May or May Not Support the Board’s Conclusion. Relevant Findings of Fact Presented to Date: A. The proposed RV park is on vacant property approximately 350 feet from Sidbury Road. B. Land uses in the immediate vicinity of the subject site are residential, an equestrian facility, and state conservation and mitigation land. C. A 50-foot-wide buffer of existing trees retained on-site provides a visual and spatial buffer from adjacent properties. D. No contradictory evidence has been submitted that this project will substantially injure the value of adjoining or abutting properties. 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 Comprehensive Land Use Plan for New Hanover County. Compiled Facts May or May Not Support the Board’s Conclusion. Relevant Findings of Fact Presented to Date: A. The subject site currently undeveloped. B. No known cultural or archaeological resources are identified on site. C. The site is bounded by residentially zoned property to the north, south, east, and west. S23-04 Staff Report BOC 10.2.2023 Page 14 of 14 D. Land uses in the immediate vicinity of the subject site are residential, an equestrian facility, and state conservation and mitigation land. E. The proposed use will generate an estimated 14 AM and 18 PM peak hour trips. The estimated trip generation is less than the estimated trips generated if developed residentially. F. The 2016 Comprehensive Plan does not provide specific policy direction for the proposed use. While one of the goals of the plan is to support business success and promote place- based economic development the Community Mixed Use place type also states that typically large-scale, lower density commercial developments are incompatible with the place type which focuses on small-scale, compact, mixed use development patterns that serve all modes of travel.