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HomeMy WebLinkAboutS25-05 BOC Staff ReportS25-05 Staff Report – Board of Commissioners 1-20-2026 Page 1 of 15 STAFF SUMMARY FOR S25-05 SPECIAL USE PERMIT APPLICATION APPLICATION SUMMARY Case Number: S25-05 Requests: S25-5 – R-15 Campground / Recreational Vehicle (RV) Park Applicant: Property Owner(s): Jonathon Washburn Joseph Burke Freedland with HBD Partners; Dorothy Freedland with Market Street Partners, LLC Location: Acreage: 8600 block of Stephens Church Road 27.32 PID(s): Comp Plan Place Type: R02900-001-009-000, R02900-001-008-000, R02900-001-070-000, R02800-001-162-001 Community Mixed Use Existing Land Use: Proposed Land Uses: Vacant land with partial road infrastructure Campground/Recreational Vehicle (RV) Park Current Zoning: R-15, Residential SURROUNDING AREA LAND USE ZONING North Wooded, residentially zoned land R-15 East Stephens Pointe Apartments CZD O&I South Market Street and I-140 Highway West DOT owned land, and wooded, residentially zoned land R-15 S25-05 Staff Report – Board of Commissioners 1-20-2026 Page 2 of 15 ZONING HISTORY July 7, 1972 Initially zoned R-15 (8B) COMMUNITY SERVICES Water/Sewer Public water and sewer are available through CFPUA. Fire Protection New Hanover County Fire Services, New Hanover County Porters Neck District, New Hanover County Station 14. Recreation Pages Creek Preserve, Ogden Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation The conservation resource map indicates there may be pocosin and savannah conservation resources on the site. Approximately 4.8 acres of the pocosin resources are underlaid with Class IV soils. The trigger for additional conservation standards is 5 acres. Additional field verification by the applicant during the TRC review process will be required to determine if additional standards may apply to the site. The conservation resources map indicates approximately 2.5 acres of savannah conservation resources may exist on site which is below the 5-acre minimum threshold that would trigger the additional ordinance requirements. Historic No known historic resources Archaeological No known archaeological resources S25-05 Staff Report – Board of Commissioners 1-20-2026 Page 3 of 15 APPLICANT’S PROPOSED PLANS Site Plan with Staff Markup  The project features a one-way loop road with a separate entrance and exit onto Stephens Church Road with a sewage dumping station located on a pull-off near the exit.  Located off the loop road will be a maximum of eighty-nine (89) designated RV sites, an amenity building, pool, and manager’s office with associated parking on approximately 27.32 acres. Uses are limited to RV camping and associated recreational and amenity uses to serve the RV campers. Other uses intended for individuals that are not temporarily staying at the RV park are not under consideration and would require separate review and approval.  In addition to the 0.45 acres of designated open space, there is an existing pond intended to provide recreational opportunities as well as stormwater management for the site.  During the preliminary forum the applicant indicated the stormwater pond might be used for swimming in addition to canoeing, fishing or other water-based recreational activities. New Hanover County Environmental Health and the Engineering Department have stated that stormwater control measures such as wet ponds are not suitable for swimming due to potential health and safety hazards. Stormwater control measures are engineered to manage I-140 ramp Amenity building and parking Protected Wetlands Existing Pond & Proposed Stormwater Pool Manager’s Office Protected Wetlands 20’ Transitional Buffer N 50’ Existing Tree Retention Buffer Open Space Sewage Dumping Station S25-05 Staff Report – Board of Commissioners 1-20-2026 Page 4 of 15 flood control and filter pollutants from urban runoff, making the unsuitable for human contact because they collect runoff from roads, parking lots, and roofs which contain various pollutants.  While the site contains approximately 5.64 acres of wetlands. The loop road and RV campsites have been designed to minimize disturbance; however, about 0.11 acres of wetland impacts are anticipated.  In addition to the Type A 20-foot-wide transitional buffer required adjacent to the residentially zoned property along the northern and western boundaries, the applicant has included a condition designating a 50-foot wide tree retention buffer along all property boundaries. The 50-foot tree retention buffer is intended to protect all trees located within 50 feet of the property line to preserve the natural aesthetic and character of the RV park. No trees within this buffer will be cut down. ZONING CONSIDERATIONS  Campground/Recreational Vehicle (RV) Parks are permitted in the R-15 district with approval of a Special Use Permit and are subject to the requirements in Section 4.3.4.E.2 of the UDO. These standards generally address access, minimum dimensions, parking, structures, signage, density, open space, and water and sewer.  Every RV Park shall have a minimum of 25 spaces, each with a designated minimum of 2,000 square feet per space for RV and passenger vehicle parking. The concept plan shows a maximum 89 spaces, each a minimum of 2,000 square feet meeting the ordinance requirement.  Required sanitary facilities have been provided on the site plan.  Campground/RV Parks require a minimum of 0.25 acres of open space for every 50 camping/RV sites. The applicant’s concept plan reflects 89 spaces, and 0.45 acres of open space is provided on the concept plan, sufficiently meeting ordinance requirements. Additionally, the wetlands and the pond will also be open, which accounts for another 5.64 and 3.88 acres respectively for a total of 9.97 acres of open space. This is approximately 9.5 acres above what is required by the ordinance.  The proposed 20-foot-wide paved road meets the requirements for an all-weather road, a minimum of 12-feet wide with a minimum 20-foot-wide right-of-way required by the ordinance.  Section 4.3.4.E.2.f states all spaces shall be located on sites with elevations that are not susceptible to flooding. The subject parcel is not within a Special Flood Hazard Area or within a non-regulatory Advisory Flood Hazard Area. While there are approximately 5.64 acres of wetlands on site, the RV campsite spaces are shown outside of those wetland areas.  Section 4.3.4.E.2.k states that when RV campgrounds have more than one direct access onto a public road, they shall not be less than 300 feet apart or closer than 300 feet to a public road intersection. While the site provides two driveway connections to Stephens Church Road less than 300 feet apart, the concept plan indicates one is for ingress and the other is for egress only. While not specifically listed as a condition, if approved, the inclusion of the access limitation on the concept plan can be enforced as a condition of the concept plan. S25-05 Staff Report – Board of Commissioners 1-20-2026 Page 5 of 15  Section 4.3.4.E.2.u requires the RV Park to maintain a register book; however, it does not stipulate a limit on how long people can stay.  If approved, the project would be subject to the Technical Review Committee and Zoning Compliance review processes to ensure full compliance with all ordinance requirements and specific conditions included in the approval. Only minor deviations from the approved conceptual plan, as defined by the UDO, would be allowed. AREA DEVELOPMENT S25-05 Staff Report – Board of Commissioners 1-20-2026 Page 6 of 15 TRANSPORTATION CURRENT CONDITIONS Intensity of Current Zoning Typical development under current zoning would allow a maximum of 108 single-family dwelling units. PROPOSED ACCESS Primary Access Full access onto Stephens Church Road EXISTING ROADWAY CHARACTERISTICS Affected Roadway Stephens Church Road Market Street Type of Roadway Local Principal Arterial S25-05 Staff Report – Board of Commissioners 1-20-2026 Page 7 of 15 Roadway Planning Capacity (AADT) N/A 20,684.16 Latest Traffic Volume (AADT) - 2023 N/A 46,500 Latest WMPO Point-in-Time Count (DT) N/A 50,123 Current Level of Congestion N/A Over Capacity Sources Source of Planning Capacity: WMPO Source of Latest Traffic Volume: 2023 Source of WMPO Point-in-Time Count: 2024 TRAFFIC GENERATION Traffic Generation by Present Designation Traffic Generated by Proposed Project Potential Impact of Proposed Project AM Peak Hour Trips 35 19 -16 PM Peak Hour Trips 43 24 -19 Assumptions Typical Development with Existing Zoning – 79 single family dwelling units. Proposed Development – 89 campsites Sources Source of Trip Generation: ITE Trip Generation Manual, 11th ed TRAFFIC IMPACT ANALYSIS (TIA) The site’s projected traffic does not exceed the 100 peak-hour trips that triggers the ordinance requirement for a Traffic Impact Analysis (TIA). SUMMARY The project is located on Stephens Church Road north of Market Street and the I-140 interchange. Stephens Church Road is a local road which does not experience sufficient traffic volumes to trigger regular measurement or assessment by NCDOT. The intersection of Stephens Church Road and Market Street is a controlled traffic light allowing vehicles to travel north on Market Street to make a left to access the site. The location of this site at the northern entrance to the County and proximity to the interchange provides the opportunity to reduce larger RVs on the Market Street corridor while allowing those staying at the site to access other areas of the county. While below the threshold for a TIA, the site will require review through DOT’s driveway permit process. S25-05 Staff Report – Board of Commissioners 1-20-2026 Page 8 of 15 ENVIRONMENTAL  The property is not within a Natural Heritage Area or the Special Flood Hazard Area.  The property is within the Pages Creek watershed.  Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class I (Suitable), Class III (Severe Limitation), and Class IV (Unsuitable) soils; however, the project is expected to be served by CFPUA water and sewer if developed.  The conservation resource map indicates there may be pocosin and savannah conservation resources on the site. Approximately 4.8 acres of the pocosin resources are underlaid with Class IV soils. The trigger for additional conservation standards is 5 acres. Additional field verification by the applicant during the TRC review process will be required to determine if additional standards may apply to the site. The conservation resources map indicates approximately 2.5 acres of savannah conservation resources may exist on site which is below the 5-acre minimum threshold that would trigger the additional ordinance requirements. OTHER CONSIDERATIONS Context and Compatibility  The property is located off of Market Street, as one would enter the County coming from the north. It is adjacent to the Market St (USHWY 17) right-of-way and the I-140 right-of-way as well as undeveloped R-15 residential land to the west. Just to the north is an apartment complex.  The proposed Campground/RV Park acts as an appropriate transition between the highway corridors and the existing lower density residential development to the west, especially with the addition of the tree retention buffer.  The property is located just north of the Porter’s Neck commercial node providing services, amenities, and recreational opportunities.  Most of the surrounding land is either single-family residential, multi-family residential, or commercial uses intended to serve the surrounding homes. S25-05 Staff Report – Board of Commissioners 1-20-2026 Page 9 of 15 2016 COMPREHENSIVE LAND USE PLAN The New Hanover County Future Land Use Map provides a general representation of the vision for New Hanover County’s future land use, as designated by place types describing the character and function of the different types of development that make up the community. These place types are intended to identify general areas for particular development patterns and should not be interpreted as being parcel specific. Future Land Use Map Place Type Community Mixed Use Place Type Description Community Mixed Use: Focuses on small-scale, compact, mixed use development patterns that serve all modes of travel and act as an attractor for county residents and visitors. Types of appropriate use include office, retail, mixed use, recreational, commercial, institutional, multi-family and single-family residential. Analysis The 2016 Comprehensive Plan classifies the property as Community Mixed Use which encourages mixed use development patterns, including recreational uses, that attract county visitors. The proposed project location will serve visitors as they enter the County in their RVs, allowing them to stop without driving farther down Market Street. From this site, the I-140 ramp and Market Street provide access to the area’s attractions and activities including the Porter’s Neck commercial node. Situated at the intersection of I-140 and Market Street, the site also provides an appropriate transition to the single-family residential area located to the west. Proposed Conditions 1. Site to retain undisturbed tree save area within the area labeled as a 50-foot-wide existing tree retention buffer along all property lines as shown on the site plan. S25-05 Staff Report – Board of Commissioners 1-20-2026 Page 10 of 15 EXAMPLE MOTION Staff does not provide a recommendation for Special Use Permits; however, staff has compiled information to assist the Board in their decision making to determine the appropriate Findings of Fact to Date. Based on the evidence presented to the Board, one of the following motions could be made: Example Motion for Approval: Motion to approve the permit as the Board finds that this application for a Special Use Permit meets the four required conclusions based on the findings of fact included in the Staff Report and additional evidence presented at the public hearing. OPTIONAL (if conditions have been identified that will bring the proposal in line with the required conclusions.) Subject to the following conditions agreed to by the applicant: ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ Example Motion for Denial: Motion to deny the permit because the Board cannot find (choose all that apply): a. That the use will not materially endanger the public health or safety if located where proposed (for the following reason(s)): ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ b. That the use meets all required condition and specifications (for the following reason(s)): ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ c. That the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity (for the following reason(s)): S25-05 Staff Report – Board of Commissioners 1-20-2026 Page 11 of 15 ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ d. 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 (for the following reason(s)): ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ STAFF PRELIMINARY CONCLUSIONS AND FINDINGS OF FACT After an analysis of the proposed use and the information provided as part of the application package staff has compiled the facts provided in the application and identified through staff technical review and analysis. They are organized by the applicable conclusion. These findings are preliminary and additional relevant facts may be presented during the public hearing. Compiled facts may or may not support the Board’s conclusion. 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. Compiled Facts May or May Not Support the Board’s Conclusion. Relevant Findings of Fact Presented to Date A. CFPUA water and sewer are available. Concept plan states project shall install water and sewer services to in accordance with CFPUA standard details and specifications. B. The subject property is located in the New Hanover County Porter’s Neck Fire Service District. C. The project includes direct access onto Stephens Church Road which is located off Market Street. D. The AADT Planning Capacity for Stephens Church Road is not available. The AADT Planning Capacity for Market Street is 20,684 and the Latest Traffic Volume is 46,500 trips indicating it is over capacity. E. The site’s projected traffic does not exceed the 100 peak-hour trips that triggers the ordinance requirement for a Traffic Impact Analysis (TIA). F. The closest county parks are Ogden Park and Pages Creek Preserve. G. The conservation resource map indicates pocosin wetlands on the property however they are only underlaid with approximately 2.5 acres of Class IV soils, therefore no additional development standards are required. S25-05 Staff Report – Board of Commissioners 1-20-2026 Page 12 of 15 H. New Hanover County Environmental Health and the Engineering Department have stated that stormwater control measures such as wet ponds are not suitable for swimming due to potential health and safety hazards. Stormwater control measures are engineered to manage flood control and filter pollutants from urban runoff, making the unsuitable for human contact because they collect runoff from roads, parking lots, and roofs which contain various pollutants. Conclusion 2: The Board must find that the use meets all required conditions and specifications of the Unified Development Ordinance. Compiled Facts May or May Not Support the Board’s Conclusion. Relevant Findings of Fact Presented to Date A. Campground/Recreational Vehicle (RV) Park is allowed by Special Use Permit in the R-15, Residential zoning district. B. Setbacks for the R-15 district are as follows: front setback is 25 feet, side setback (street) is 15 feet, side setback (interior) is 10 feet, and the rear setback is 20 feet. All setbacks are reduced to 0 feet when in a Performance Residential Development, with the exception that buildings on the periphery of a Performance Residential Development be set back a minimum of 20 feet from the adjoining property line. C. Section 3.2.8.D states the maximum building height in the R-15 district is 40 feet. Structures elevated on open foundations consisting of piers, posts, columns or piles shall have a maximum height of 44 feet D. Section 4.3.4.E.2.a states there must be a minimum of 25 spaces. The concept plan shows an 89 spaces, which meets the required minimum number of spaces outlined in the ordinance. E. Section 4.3.4.E.2.b states that Recreational vehicles and travel trailers shall only be occupied in approved campgrounds. F. Section 4.3.4.E.2.c states that every space shall consist of a minimum area of 2,000 square feet and each space shall be designated on the ground by permanent markers or monuments. The concept plan shows all spaces have 2,000 square feet. G. Section 4.3.4.E.2.d states that parking spaces sufficient to accommodate at least one motor and camping vehicle shall be constructed within each space. The concept plan shows the area designated for each camping space can accommodate one motor and camping vehicle. H. Section 4.3.4.E.2.e states that all spaces developed adjacent to a public street shall be set back a minimum of 40 feet from the street right-of-way. The concept plan shows all spaces near a public right-of-way will be set back a minimum of 40 feet. I. Section 4.3.4.E.2.f states that all spaces shall be located on sites with elevations that are not susceptible to flooding. The spaces shall be graded to prevent any water from ponding or accumulating within the park. Each space shall be properly graded to obtain a reasonably flat site and to provide adequate drainage away from the space. The site is not located within a Special Flood Hazard Area. J. Section 4.3.4.E.2.g states that the park shall have all weather roads that directly abut each space. All road rights-of-way shall be 20 feet except that one-way roads may have a S25-05 Staff Report – Board of Commissioners 1-20-2026 Page 13 of 15 minimum width of 12 feet. In areas of heavy traffic use, 30-foot rights-of-way shall be required. The concept plan shows all one-way roads as paved and 20 feet in width. K. Section 4.3.4.E.2.h states that no space shall have direct vehicular access to a public road. The concept plan shows no spaces with direct access to public roads. L. Section 4.3.4.E.2.i states that the park shall be developed with proper drainage ditches. All banks shall be sloped and seeded. M. Section 4.3.4.E.2.j states that cul-de-sacs or dead-end roads shall not exceed 1,000 feet in length measured from the entrance to the center of the turnaround. Any road designed to be permanently closed shall have a turnaround at the closed end with a minimum right-of- way diameter of 80 feet. N. Section 4.3.4.E.2.k states that when the park has more than one direct access to a public road, they shall not be less than 300 feet apart or closer than 300 feet to a public road intersection unless unusual site conditions demand otherwise. O. Section 4.3.4.E.2.l states that each park shall have a central structure or structures that will provide separate toilet facilities for both sexes. This structure may also contain a retail sales counter and/or coin operated machine for the park residents’ use only, provided there is no exterior advertising. Vending machines also may be permitted in a sheltered area. P. Section 4.3.4.E.2.m states that 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. Q. Section 4.3.4.E.2.n states that sanitary facilities shall be provided in accordance with the following standards: all toilet, shower, lavatory, and laundry facilities shall be provided and maintained in a clean and sanitary condition and kept in good repair at all times, they shall be safely and adequately lighted, facilities shall be easily accessible and conveniently located, all toilet, shower, lavatory, and laundry room facilities shall be acceptable to the New Hanover County Health department and shall be inconformity with all New Hanover County codes, and all buildings shall be constructed in accordance with the building codes for the county. R. Section 4.3.4.E.2.o states that water supply shall comply with the following standards: a safe, adequate, and conveniently located water supply must be provided for each park, and no water supply shall be installed, altered, or used without the approval of the New Hanover County Health Department. The applicant intends to connect to CFPUA for water and sewer. S. Section 4.3.4.E.2.p states that sewage disposal shall comply with the following standards: sewage dumping stations shall be approved by the New Hanover County Health Department, each park shall provide at least one sewage dumping station, no method of sewage disposal shall be installed, altered, or used without the approval of the New Hanover County Health department, and all sewage wastes from each park, including wastes from toilets, showers, bathtubs, lavatories, wash basins, sinks, and water using appliances not herein mentioned, shall be piped into the park’s sewage disposal system or systems. The concept plan shows a dumping station. T. Section 4.3.4.E.2.q states that open space shall be provided in accordance with the following standards: each park shall provide open space areas to serve the needs of the anticipated users, a minimum of 0.25 acres of level, well-drained ground for every 50 spaces shall be S25-05 Staff Report – Board of Commissioners 1-20-2026 Page 14 of 15 required as open space, and the park owner is responsible for the development and maintenance of all open space areas. The concept plan shows adequate open space has been provided. U. Section 4.3.4.E.2.r states that fire hydrants shall be provided in accordance with the following standards: the developer of any campground or recreational vehicle park with a central water system meeting State requirements for fire hydrants shall be responsible for providing adequate fire protection for the park through the provision of a fire hydrant located as close as possible to the entrance of the park, and the hydrant shall be connected to the central water system serving the park and in accordance with specification established by the County Fire Marshal. V. Section 4.3.4.E.2.s states that the park owner is responsible for refuse collection. W. Section 4.3.4.E.2.t states that it shall be unlawful for a person to park or store a mobile home in a campground or recreational vehicle park. However, one mobile home may be allowed within a park to be used as an office and/or residence of persons responsible for the operation and maintenance of the travel trailer park. X. Section 4.3.4.E.2.u states that it shall be the duty of the operator of the campground or recreational vehicle park to keep an accurate register containing a record of all occupants of the park. The owner shall keep the register 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. The register shall contain the following information: name and address of the occupants of each space, date entering and leaving the park, and the license number of each vehicle (car, truck, camping vehicle, etc.) with state of issuance, make, and type of equipment. 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. Compiled Facts May or May Not Support the Board’s Conclusion. Relevant Findings of Fact Presented to Date A. The proposed RV Park is on vacant property. B. Land uses in the immediate vicinity of the subject site are vacant land, single family residential, multi-family residential, NCDOT roadway, and mixed commercial along Market Street. C. No evidence has been submitted regarding the impact this project will have on the adjoining or abutting property. 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. S25-05 Staff Report – Board of Commissioners 1-20-2026 Page 15 of 15 Compiled Facts May or May Not Support the Board’s Conclusion. Relevant Findings of Fact Presented to Date A. The subject site is currently undeveloped. B. No known cultural or archaeological resources are identified on site. C. The site is surrounded by Stephens Pointe Apartments to the east, wooded R-15 to the north and west, and highway to the south. D. Land uses in the immediate vicinity of the subject site are a mix of commercial and residential. E. The 2016 Comprehensive Plan classifies the properties as Community Mixed Use.