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S23-04 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. Page 1 of 6 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 Page 2 of 6 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. Page 3 of 6 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. Page 4 of 6 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. Page 5 of 6 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. Page 6 of 6