HomeMy WebLinkAboutS23-04 Signed OrderCOUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER TO ISSUE A SPECIAL USE PERMIT
Campground / Recreational Vehicle (RV) Park in an R-15, Residential Zoning District
S23-04
The County Commissioners for New Hanover County (the "County Commissioners"), having held
a public hearing on October 2, 2023 to consider application number S23-04 submitted by Douglas
Grant (the "Applicant") to place a Campground / Recreational Vehicle (RV) Park at 8102, 8104,
and 8106 Sidbury Road identified as Parcel Identifications R02000-003-012-000, R02000-003-
005-000, and R02000-003-013-000 and having heard all of the evidence and arguments
presented at the hearing, the County Commissioners conclude that the Applicant produced
competent, material, and substantial evidence tending to establish the existence of the facts and
conditions which Section 10.3.5.1) of the County Unified Development 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:
The County Commissioners FIND AS A FACT that the following specific requirements set forth
in Section 10.3.5.1) (1-4) of the County Unified Development Ordinance WILL be satisfied if
the property is developed in accordance with the plans and findings submitted to the County
Commissioners.
(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 Unified
Development 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 Comprehensive Land Use Plan 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 condition:
A. 50-foot perimeter buffer shown on Special Use Permit concept plan.
B. No cabins or park model homes shall be permitted on site.
C. Maximum stay shall be thirty (30) consecutive days.
D. No RV storage shall be allowed on site.
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One RV or mobile home may be allowed to be used as an office and/or residence of
persons responsible for the operation and maintenance of the RV park.
F. All RV sites shall have individual connections to water, electric and the internal septic
system.
Ordered this 2nd day of October, 2023.
f�
Bill Rivenbark, Chair
Attest:
jAA 0'jJ0A -P
Kym rowell, Clerk to the Board
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Exhibit A
Findings of Fact:
(In Accordance with Section 10.3.5 of the New Hanover County Unified Development
Ordinance)
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. 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.
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 Fender 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.
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.
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.
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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 cuts -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.2.1 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.
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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 shall be reviewed, permitted, and approved bythe 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.2.0 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.
A. The proposed RV park is on a 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.
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.
D. Land uses in the immediate vicinity of the subject site are residential, an equestrian
facility, and state conservation and mitigation land.
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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.
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