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HomeMy WebLinkAboutTA25-01 PB Staff Report- April Planning Board TA25-01 Staff Report PB 4.3.2025 Page 1 of 8 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’S ASK Background & Context Tammi Pitts, Administrator for 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. 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. TA25-01 Staff Report PB 4.3.2025 Page 2 of 8 Applicant’s Ask 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. 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. 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 4.3.2025 Page 3 of 8 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 and industrial districts such as the B-2, I-1, and I-2 districts. STAFF RESEARCH & ANALYSIS Permissions for Camping and Storage for Lodge in Other Jurisdictions The applicant provided staff with a list of other Moose Lodges in the surrounding area which provide RV camping and storage, including in the City of Wilmington, Pender County, and Onslow County. Staff contacted the Planning Departments in those jurisdictions to determine how RV camping and storage was regulated for lodges. Jurisdiction Camping and Storage? Regulations City of Wilmington, NC (Elks Lodge) Yes - The site included RV camping and storage before annexation into the city in 1999. City planning staff stated the camping and storage is considered a legal non-conformity. Staff could find no record of the initial approvals for those uses. RV camping and storage are not permitted for lodges under the current city zoning regulations. Pender County, NC (Moose Lodge) Yes – The site allows RV Camping and storage. RV camping and storage is permitted under a historic Special Use Permit. These uses would not be allowed under current ordinance. Onslow County, NC (Moose Lodge) No – Onslow County Planning Staff stated this location did not have camping or storage to their knowledge. RV camping and storage are not permitted for lodges under current regulations. Oak Island, NC (Moose Lodge) No – Oak Island Staff confirmed there is no camping or storage at this location. RV camping and storage are not permitted for lodges under current regulations. McDowell County, NC (Moose Lodge) McDowell County staff could not confirm whether there is RV camping or storage at this location. Per McDowell County Planning staff, this part of the County does not have zoning, so this would be unregulated. Based on staff research, regulations vary, and it appears that some currently existing RV camping and storage uses at lodges would not be allowed under today’s regulations. TA25-01 Staff Report PB 4.3.2025 Page 4 of 8 Lodges in the City of Wilmington and New Hanover County Staff also researched locations of currently existing lodges in the unincorporated County. This includes, but is not limited to Elks Lodges, Shrine Clubs, Masonic Lodges, American Legion, and Veterans of Foreign Wars (VFW). Research on similar uses in the surrounding area indicates that other similar lodges in New Hanover County do not offer camping and storage of RVs on their property. Lodge Camping and Storage? Notes American Legion No Located at 702 Pine Grove Drive, inside City of Wilmington. Wilmington Mason Lodges (College Dr & Oriole Drive) No Both are located in City Limits. Wilmington Shrine Club No Located in the unincorporated County. Additional Considerations for Research The UDO also regulates waste disposal for campgrounds/RV parks. Currently, the requirement is that each park provide at least one sewage dumping station approved by the New Hanover County Health Department. The applicant’s proposed language is that sewage shall be disposed of at an approved disposal location, but does not specify whether that would be located on or off-site. The New Hanover County Environmental Health Department indicated that the safest method of waste disposal would be on-site. Staff Analysis The UDO considers RV camping in the same land use category as motels and bed and breakfasts, which are regulated differently from civic uses. Campgrounds and Lodges require a Special Use Permit in residential districts, but campgrounds generally need much larger parcels (10-15 acres) compared to lodges (minimum of 2 acres). Despite some regulatory similarities, campgrounds and lodges function differently in terms of land use. Staff previously analyzed a similar request in 2023, which sought to allow small-scale campgrounds in residential areas. Based on previous research, staff recommended requiring a Conditional Rezoning for the small-scale campgrounds- allowing them only within Conditional Rural Agricultural or Conditional R-20 districts. The intent was to enable a level of Board review and public input with safeguards related to the impact of the proposal to the nearby community. The Board of Commissioners denied this text amendment request. Additionally, the applicant requests 30 RV storage spaces for lodge sites. Under the UDO, RV and Boat Trailer Storage is only allowed in PD, B-1, B-2, CS, AC, and I-2 districts, typically in conjunction with self-storage or industrial uses. These facilities have specific regulations, including buffering, access controls, and a prohibition on covered storage. Staff generally supports mixed-use developments when they serve the surrounding community, such as retail, medical, or civic uses. While social lodges primarily benefit local residents, campgrounds TA25-01 Staff Report PB 4.3.2025 Page 5 of 8 cater to visitors, making them less compatible. RV storage, though potentially useful for lodge members, does not align with the lodge’s primary function. Ultimately, the combination of a lodge, campground, and RV storage raises concerns about compatibility with residential areas. Staff’s alternative amendment requires sites with this use to be located only along major arterial roads which are largely commercial, intending to reduce the impact to neighborhood roads and residential uses. While staff is not entirely opposed to such developments, this particular mix of uses is problematic due to the large numbers of locations the uses could potentially be allowed outside commercial locations. However, if the Board deems them appropriate, staff has drafted language that could integrate these uses into the existing ordinance framework. If the Board wishes to adopt the below alternative amendment, the applicant and any other lodges wanting to include RV camping or storage uses on-site would have to update their sites to comply with these standards. Applicants for this use would be required to design the site to fit these standards and obtain site plan approval. This includes either Technical Review Committee approval or Special Use Permit and then Technical Review Committee approval. Staff has prepared maps, included in the packet, that show where in the County lodge uses are allowed by-right and by Special Use Permit. Based on the applicant’s proposed language, RV Camping and storage would be allowed in several places in the County. Staff’s narrower language would limit this to only places along major arterial roads, including but not limited to College Road, Castle Hayne Road and Carolina Beach Road. PLANNING BOARD ACTION The Planning Board considered this item at their March 6 meeting. The Board discussed the different requirements for RV Storage and RV Camping, stating they were generally supportive of some kind of RV camping with lodges but were not supportive of RV storage for lodge uses. The Board indicated it wanted staff to work with the applicant to refine the proposed ordinance language for limited RV camping as an accessory to lodges. The Planning Board voted to table the request to a future meeting to allow staff to work on the language with the applicant. Since that time, staff has communicated with the applicant about the changes suggested by the Planning Board. The applicant indicated at the March Planning Board meeting that they would be willing to limit the stays on site to 7 days instead of 14. The amendment language has been adjusted to limit the stay to 7 days per the applicant’s request. In addition, the applicant stated that they already have outdoor restroom facilities onsite for the campers to use. Originally, staff’s alternative amendment restricted sites to only having indoor restroom facilities inside the lodge. That requirement has also been removed. TA25-01 Staff Report PB 4.3.2025 Page 6 of 8 STAFF ALTERNATIVE AMENDMENT The staff alternative text amendment is below, with red italics indicating proposed new language and blue strikethrough indicating language which has been removed. Article 4: Uses and Use-Specific Standards Section 4.3.3.B.3 Lodges, Fraternal, and Social Organizations Lodges, Fraternal, and Social Organizations in all residential districts shall comply with the following standards: a. All new sites shall be a minimum of two acres in size. b. Structures shall have side and rear setbacks of 50 feet and front yard of at least 25 feet greater than that required for single family residences within the district located. c. Provisions for food, refreshments, and entertainment for club members and their guests may be allowed in conjunction with such use if the Board of County Commissioners determines that said provisions will not constitute a nuisance. d. RV Camping and RV Storage Generally: The following apply to both RV camping and RV storage at a lodge: i. The property must be a minimum of 5 acres in size. ii. RV camping and / or RV storage is only permitted on the same parcel as the primary lodge facility. iii. Existing lodges that want to add RV camping or RV storage as an accessory use must go through the required zoning approval process for the use of Lodges, Fraternal, and Social Organizations required by the property’s underlying zoning district. iv. Lodges with both RV camping and RV storage must clearly designate separate areas for each accessory use. No RV camping is permitted in areas designated for RV storage. v. RV camping and / or RV storage is only allowed as a secondary use to a non-residential structure. vi. The property must have direct access to a major arterial road, as classified by the WMPO Roadway Classification. vii. No camping or storage is allowed within a designated flood zone. viii. Vehicles and RVs cannot be parked overnight in spaces required for lodge parking. ix. All RV camping and storage must be located behind the primary building and cannot be in the front or side yard. TA25-01 Staff Report PB 4.3.2025 Page 7 of 8 x. RV camping and storage areas next to properties zoned or used residentially must comply with the setback requirements for B-2 uses, as outlined in Table 3.1.3.C.1. xi. The RV camping and storage areas must be screened from adjacent properties zoned or used residentially with a Type A: Opaque Buffer. xii. Outdoor lighting must not exceed 12 feet in height, and illumination at the property line cannot be greater than 0.5 foot-candles. e. RV Camping i. The length of stay shall be no more than 14 7 consecutive days. ii. A maximum of six RV camping sites are permitted on the property. iii. Each RV camping space must be at least 1,200 square feet, clearly marked with permanent markers or monuments, and provide a parking space for one non-RV motor vehicle. iv. Restroom and shower facilities can only be located inside the primary lodge building; no separate facilities are allowed. v. RV camping areas must have at least one approved sewage dumping station. vi. If a sewage dumping station is not available through a local Utility Authority (such as CFPUA or AQUA), then approval for a sewage dumping station must be granted by New Hanover County Health and Human Services, New Hanover County Environmental Health, an Authorized On-Site Wastewater Evaluator, a Professional Engineer licensed under Chapter 89C, or through DEQ. vii. No sewage disposal system can be installed, altered, or used without approval from the New Hanover County Health Department. viii. The lodge operator is responsible for maintaining an accurate register of all campers. This register must be available for inspection by law enforcement, public health officials, and other authorized personnel. The register must include: 1. Names and addresses of all occupants. 2. Dates of arrival and departure. 3. License plate numbers (including state of issuance), vehicle make, and type for each vehicle on-site. f. RV Storage i. A maximum of 20 RV storage spaces are allowed on the site. ii. The storage area must be open-air and at ground level. No enclosed structures or overhead covers are allowed. iii. Repair, maintenance, or habitation of any RV in storage on the site is strictly prohibited. TA25-01 Staff Report PB 4.3.2025 Page 8 of 8 STAFF RECOMMENDATION Lodges, Social and Fraternal Organizations are allowed in several locations throughout the unincorporated County, both by-right and through a Special Use Permit. This is a civic use, which typically serves nearby residents. Campgrounds are typically relegated to commercial zoning districts and serve visitors; these two types of uses function differently from a land use perspective. While staff is not opposed to these types of uses in general, staff has serious concerns about the compatibility of this combination of uses on any one site and the potential impact to nearby areas, particularly residential uses. While the additional revisions reduce the likelihood that this use would be possible in highly residential areas, staff still has reservations about allowing this type of small-scale RV campground use in residential zoning districts given previous policy direction. As a result, Staff recommends denial of the request and suggests the following motion: 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 many mixes of uses on generally low- intensity sites. However, staff has prepared an amendment that would allow this combination of uses to function within specific parameters. If the Board feels that sufficient information is presented at the hearing to allow for them to make a recommendation of approval, they may elect to proceed with an alternative motion: Alternate Motion for Approval: I move to RECOMMEND APPROVAL of the staff-prepared amendment to the New Hanover County Unified Development Ordinance to add language to Section 4.3.4. 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, and the proposed amendment is designed to mitigate potential impacts on adjacent properties.