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HomeMy WebLinkAboutTA25-01 PB Staff Report - March Planning BoardTA25-01 Staff Report PB 2.6.2025 Page 1 of 4 STAFF REPORT FOR TA25-01 TEXT AMENDMENT REQUEST REQUEST SUMMARY Case Number: TA25-01 Request: Request by Tammi Pitts, applicant, on behalf of Wilmington Lodge #343, Loyal Order of Moose, INC, property owner, to amend Section 4.4.4 Standards for Specified Accessory Uses and Structures to allow RV and boat storage and RV camping as permitted accessory uses to Lodges, Fraternal, & Social Organizations with restrictions. Applicant: Subject Ordinances: Tammi Pitts, Wilmington Lodge #343, Loyal Order of Moose INC Unified Development Ordinance (UDO) Purpose & Intent The applicant’s key intent for this amendment is to allow RV and boat storage and limited RV camping as a by-right accessory activity to the use of Lodges, Fraternal, & Social Organizations. BACKGROUND Applicant Tammi Pitts with the Wilmington Moose Lodge has submitted a request for a text amendment to the Unified Development Ordinance (UDO) to add a new accessory use of Recreational Vehicle (RV)/Travel Trailer Dwelling at a Lodge to the primary use of Lodges, Fraternal, & Social Organizations. The applicant stated a desire to amend the ordinance to fit with a service provided by the Moose Lodge since the 1980’s. Under the proposed amendment, the RVs would be allowable for private fraternal and benevolent non-profit lodges to use their property for overnight dwelling with specific standards. Those standards are as follows: a. Use is for members only. b. Limited to 14 consecutive days. c. Sanitation must be disposes of in a lawful manner by bringing to an approved sanitation station. d. Maximum of 6 sites. e. Every site shall consist of a minimum of 1,000 sq. ft. to accommodate one camping vehicle. f. Property must have ample parking space for one motor vehicle per campsite. g. Record must be kept of all occupants of the campsites including name and address, member number, dates of occupation, and make, model and license plate of camping vehicle. TA25-01 Staff Report PB 2.6.2025 Page 2 of 4 The request also includes allowing for RV & Boat Trailer Storage for members only, including all standards required for that use in UDO Section 4.3.5.D.1, including one additional standard as outlined below: a. Limited to 30 vehicles. This request is tied to a zoning violation. In May 2024 the Planning Department received an inquiry about the Wilmington Moose Lodge (4601 Carolina Beach Road) allowing RV and boat trailer storage and RV camping on site. The Moose Lodge site is zoned R-15, Residential and received a Special Use Permit in 1980 (S- 146) to permit the lodge. After receiving the complaint in 2024, Planning staff investigated and determined the property was storing RVs and boats and was allowing lodge members to camp in RVs on site. That activity was determined to be in violation of the UDO because the use of RV and Boat Trailer Storage was not permitted in the R-15 zoning district, and while the use of Campground was allowed in the R-15 district with a special use permit, the lodge had not received approval for a Campground use. Through communication with staff through June-September 2024, The Moose Lodge came into compliance with the ordinance by ceasing all RV and boat storage and RV camping on site by October of 2024. The Moose Lodge would like to resume the RV and boat storage and RV camping operation and have submitted a request to amend the UDO to allow the activities as an accessory use inherent to the typical functioning of their lodge. Current Ordinance Language The UDO defines the use of Lodges, Fraternal, & Social Organizations as: “An incorporated or unincorporated association for civic, social, cultural, religious, fraternal, literary, political, recreational or like activities, operated on a nonprofit basis for the benefits of its members, and certified as a non-profit organization by the Secretary of State of the State of North Carolina.” This type of use is allowed by-right in most commercial districts and requires a special use permit in some residential districts: Allowed By-Right Special Use Permit Required B-1, Neighborhood Business RA, Rural Agricultural B-2, Regional Business AR, Airport Residential CB, Community Business R-20, Residential CS, Commercial Services R-20S, Residential O&I, Office & Institutional R-15, Residential PD, Planned Development R-10, Residential UMXZ, Urban Mixed Use Zoning R-7, Residential TA25-01 Staff Report PB 2.6.2025 Page 3 of 4 The use of Campground which includes RV camping requires a special use permit in 6 residential districts and is only allowed by-right in the PD and B-2 zoning districts. The UDO also contains several additional development standards for the use. The use of RV and Boat Trailer Storage is currently only allowed in higher intensity commercial districts such as the B-2, I-1, and I-2 districts. STAFF ANALYSIS Because changes to the Unified Development Ordinance affect more than just one parcel, staff is researching how the requested language would be applied to not just the Moose Lodge at 4610 Carolina Beach Road, but other Lodges, Fraternal, and Social Organization uses throughout the County. Staff are also taking into consideration this use and regulations on RV uses at Moose Lodges in other jurisdictions. The applicant has provided several examples of other Moose Lodges in North Carolina that offer this service to their members. Staff will compare the requested amendment to standards in other jurisdictions that have Moose Lodges that offer this service. Until this research is complete, staff will not be able to finalize a recommendation, which may include suggested adjustments to the applicant’s proposal in order to mitigate potential land use concerns. APPLICANT PROPOSED AMENDMENT The applicant proposed text amendment is below, with red italics indicating proposed new language. Article 4, Uses and Use Specific Standards Section 4.4.4, Standards for Specified Accessory Uses and Structures M. RV or Trailer Dwelling at a Lodge 1. Allowable for private fraternal and benevolent non-profit lodges to use their property for overnight dwelling in an RV or travel trailer with the following provisions: a. Use is for members only. b. Limited to 14 consecutive days. c. Sanitation must be disposed of in a lawful manner by bringing to an approved sanitation station. d. Maximum of 6 sites. e. Every site shall consist of a minimum of 1,000 sq ft to accommodate one camping vehicle. f. Property must have ample parking space for one motor vehicle per campsite. TA25-01 Staff Report PB 2.6.2025 Page 4 of 4 g. Record must be kept of all occupants of the campsites including name and address, member number, dates of occupation, and make, model and license plate of camping vehicle. 2. Allowable for RV and boat/trailer storage for members only according to all provisions set forth in Section 4.3.5.D.1, Recreational Vehicle and Boat Trailer Storage Lot. STAFF RECOMMENDATION The applicant had discussed the proposed text amendment with staff before submitting their application however, given the nature of the request staff has determined that additional research is needed to fully analyze the request to determine a recommendation or if additional ordinance language may be required. As a result, Staff recommends a continuance of the request and suggests the following motion: I move to CONTINUE the proposed amendment request to the March 6, 2025 regular meeting to allow staff to conduct additional research. However, if the Board feels that sufficient information is presented at the hearing to allow for them to make a recommendation, they may elect to proceed with one of the following motions: Alternate Motion for Approval: I move to RECOMMEND APPROVAL of the proposed amendment to the New Hanover County Unified Development Ordinance to add language to Section 4.4.4. I find it to be CONSISTENT with the goals of the 2016 Comprehensive Plan to encourage a mix of uses and promote place-based economic development. I also find RECOMMENDING APPROVAL of the proposed amendment reasonable and in the public interest because it allows lodges and social organizations to provide customary services for their members. Alternate Motion for Denial: I move to RECOMMEND DENIAL of the proposed amendment to the New Hanover County Unified Development Ordinance to add language to Section 4.4.4. I find it to be INCONSISTENT with the goals of the 2016 Comprehensive Plan to support business success because it provides services that could compete with private businesses. I find RECOMMENDING DENIAL of the amendment request is reasonable and in the public interest because the amendment allows for too intense of a use on otherwise low- intensity sites.