TRC Approval Letter
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COMMERCIAL SITE PLAN APPROVAL
To: James Yopp; james@rockfordpartners.net
From: Wendell E. Biddle, Development review Planer
Date: May 9, 2024
PID#: R02400-002-010
Egov#: SITECN-24-00007
Subject: 2771 Alvernia Dr. – Sunset Reach Docks – Commercial Site Plan – TRC Review
The commercial site plan for the Sunset Reach Community Boating Facility has been approved. The
approved site plan consists of a total of 53 boat slips. This approval is in conjunction with Special Use
Permit S-583.
This approval is valid for two (2) years unless a building permit or zoning compliance approval authorizing
the approved development is obtained.
Please note the project may be subject to additional regulations of the County’s development ordinances.
In addition, this approval does not relieve the applicant from any law, regulation, or requirement of any
other government or regulatory agency.
If you have any questions, I may be reached at wbiddle@nhcgov.com or at (910) 798-7068.
Thank you,
Wendell Biddle
Development Review Planner
May 9, 2024
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COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
For A Community Boating Facility for 53 boats in an R-20 Residential Zoning District
S-583, 07/08
The County Commissioners for New Hanover County having held a public hearing on August 4, 2008 to
consider application number S-583 submitted by Tom Johnson for Rockford Partners, LLC for a special
use permit to locate a Community Boating Facility in a R-20 Residential District off Alvernia Drive to
serve the Sunset Reach Subdivision, and having heard all of the evidence and arguments presented at the
hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS:
1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in
Sections 71-1 and 72-37 of the County Zoning Ordinance WILL be satisfied if the property is
developed in accordance with the plans submitted to the County Commissioners.
2. It is the County Commissioners’ CONCLUSION that the proposed use DOES satisfy the first general
requirement listed in the Ordinance; namely that the use will not materially endanger the public health
or safety if located where proposed and approved. In support of this conclusion, the Commissioners
make the following FINDINGS OF FACT:
A. The subject property will be accessed via pedestrian and golf cart easements between lots 1 and 2
and lots 18 and 19 on Alvernia Drive South, a new local street in the Sunset Reach Subdivision.
B. The docks will be served by water and a pump out facility.
C. Fire service will be provided by the Wrightsboro Volunteer Fire Department
D. Stormwater is not applicable to the docks.
E. Water depths have been shown on a map separate from the site plan.
F. The site is located in a primary nursery area.
3. It is the County Commissioners’ CONCLUSION that the proposed use DOES satisfy the second
general requirement listed in the Ordinance; namely that the use meets all required conditions and
specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF
FACT:
A. The project is located within the Northeast Cape Fear River.
B. Community boating facilities are allowed in R-20 zoning districts with a special use permit under
certain conditions.
C. The facility will serve a 53-lot subdivision called Sunset Reach, with slips available only to lot
owners, consistent with Sec. 72-37 of the zoning ordinance.
D. A total of 53 boat slips will serve the exclusive use and enjoyment of property owners in Sunset
Reach subdivision, in accordance with the definition of community boating facility included in
the 2006 CAMA Land Use Plan.
E. Off-street parking will be accommodated at home sites in the subdivision. Three additional
parking spaces will be provided near the southernmost access to allow for loading and unloading
F. One 23-foot access easement and one 20-foot access easement is provided and conferred to each
owner for access to the community boating facility.
G. No commercial activities are proposed or allowed for the facility.
4. It is the County Commissioners’ CONCLUSION that the proposed use DOES satisfy the third
general requirement listed in the Ordinance; namely that the use will not substantially injure the value
of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion,
the Commissioners make the following FINDINGS OF FACT:
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A. It is the No evidence has been presented at this time that the proposed use will injure the value of
adjoining or abutting property values.
B. The community’s deed restrictions disallow individual docks and piers.
C. According to the applicant, the mean high water line as been delineated by his environmental
consultant. Although the pier appears to cross the adjacent property not owned by the applicant,
the waters of the state cannot be claimed by the adjacent owner.
5. County Commissioners’ CONCLUSION that the proposed use DOES satisfy the fourth general
requirement listed in the Ordinance; namely 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. In support
of this conclusion, the Commissioners make the following FINDINGS OF FACT:
A. The New Hanover County Comprehensive Plan classifies this location Conservation
B. The 2006 Joint Land Use Plan encourages recreational access to estuarine and public trust
waters.
C. Surrounding land uses include very low density residential and vacant land.
6. 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 attached
site plan and the following conditions:
A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance
for the proposed use, as well as any additional conditions hereinafter stated and all other state or
federal requirements.
B. 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.
C. In accordance with Section 71-1(4) of the zoning ordinance, this permit will become null and
void if construction is not commenced within twenty-four (24) months of the date of issuance.
D. Additional Conditions:
1. No overhead lighting will be installed
2. Subject to final determination and confirmation of the location of the
riparian corridor.
Ordered this 4th day of August, 2008
____________________________
Robert G. Greer, Chairman
Attest:
_______________________________
Sheila L. Schult, Clerk to the Board