SOUTHER  TOWN OF SOUTHERN SHORES  PLANNING BOARD REGULAR MEETING 5375 N. Virginia Dare Trail, Southern Shores, NC 27949 Phone 252-261-2394/Fax252-255-0876 wwsoumemaporesmcgow PITTS CENTER Monday, February 21, 2024 at! 5:00 PM MINUTES  CAROLINA  1 Call Meeting to Order 2 Pledge of Allegiance 3 4 Present  5 Vice Chairperson Tony DiBernardo 6 Planning Board Member Collins 7 Planning Board Member Lawler 8 Planning Board Member McClendon 9 Planning Board Member (alternate) Michael Zehner 11 Approval of Agenda  10  12 Vice Chairperson DiBernardo requested to amend the agenda andi include approval of Written Decision 15 Motion to approve the agenda made by Planning Board Member Collins, Seconded by Planning Board 18 Motion to approve Written Order VA-23-02 made by Council Member Lawler, Seconded by Vice  13 VA-23-02, amendment approved by consensus. 16 Member Lawler. The motion passed unanimously. 19 Chairperson DiBernardo. The motion passed unanimously. 21 Approval of Minutes - November 20, 2023  14 17 20  22 Motion made by Planning Board Member Collins to approve the minutes of November 20, 2023 as 23 amended, Seconded by Planning Board Member Zehner. The motion passed unanimously.  24  25 Public Comment  26 Richard Filling-131 Crooked Back Loop-action item #6 replace "encourage" with' "require" and be more 27 proactive. No need to clear cut lots. Landscaping should be a requirement of the site development plan. 29 Matt Huband-110 Landing Trail- thanked the town staff for being thorough and coming up with the 30 changes in this ZTA for the betterment of Southern Shores. Hopeful that it will pass unanimously.  28 31 32 Old Business 33 None 34 35 36 37 New Business  Southern Shores Planning ondrenwy21,04pei    38 ZTA-24-01, a Zoning Text Amendment application submitted by the Town of Southern Shores to amend 39 the Southern Shores' Town Code by amending Town Code Section 36-171 to require al lot 40 isturbance/stormwater management permit to remove trees greater than 61 inches in diameter, 41 measured at 4.5 feet above the ground on any unimproved! lot; Sections 36-207(b)(4) and 36-207(c) to 42 establish multifamily dwellings as a special usei in the C, general commercial zoning district witha a 43 maximum lot coverage of 30 percent; Sections 36-207(c)(1)b., 36-207(c/1.5)b., 36-207(c/(11), 36- 44 207(c)(11)k., 36-207(d)(7), and 36-207(d)(8) to establish a! 50 ft. setback requirement for restaurants 45 from planned unit developments, a! 501 ft.: setback requirement for drive-through facilities or 46 establishments (small) from residential districts and planned unit developments, a! 50 ft. setback 47 requirement for mixed use group developments from planned unit developments and residential 48 districts, a! 50 ft. setback requirement for commercial buildings and facilities from planned unit 49 developments, a 201 ft. buffer requirement where a mixed use group development abuts a residential 50 district or planned unit development, and a 20 ft. buffer requirement where a commercial use or zone 51 abuts a residential district or planned unit development; 36-209 to amend the Town's prohibited uses; 52 36-297 to amend the Town's time limitations for building permits, zoning permits, and site plans; 53 Section 36-299 to amend the Town's requirements for building permits, zoning permits, and site plans; 54 36-300 to amend the Town's requirements for special use permit applications;and: 36-304 to amend 57 The staff report read as, at the February 6, 2024 Town Council meeting, the Town Council directed Town 58 Staff to draft Town Code amendments to modernize the Town Code. As aresult, Town Staff has drafted 59 ZTA-24-01 which includes amendments to one! Section in Chapter 24, Planning and: several Sections in 60 Chapter 36, Zoning. If approved, the proposed amendments would do the following:  55 the Town's current vested right requirements  56  61 63 64 65 66 67 69 70 71 72 73 74 75 77 78 79 80 81 82 83 84 85  62 Partl,S Section 24-27, Powers, and Duties:  Removes the previous statutory reference that grants authority for Planning Boards and Replaces the powers and duties oft the Planning Board: so that they are consistent with  replaces ity with the newi reference (160D-301).  G.S. 160D-301(b).  68 Part I, Section 36-171, Lot Disturbance and Stormwater Management:  Establishes that al Lot Dsturoance/sormwater. Management Permit is required for the removal of trees greater than 61 inches in diameter, measured at 4.51 feet above the ground on Establishes that trees greater than 6 inches in diameter, measured at 4.5 feet above the ground on any unimproved lot must be shown on survey/site plan foraLot  any unimproved lot.  Disturbance/slormwater Management Permit.  76 Part Il, Section 36-207, CGeneral Commercial District:  Removes multifamily dwellings from the list of Permitted Uses (use by right). Establishes a! 50ft. setback requirement for restaurants from Planned Unit Developments Establishes a 50ft. setback requirement for drive-through facilities or establishments (small) Establishes a 501 ft. setback requirement for mixed use group developments from residential Establishes a 20f ft. buffer requirement where a mixed-use group development abutsa  (PUDs). from PUDs. districts and PUDS. residential district or PUD  Southern. Shores Planning Board-February 21, 2024/pg. 2    86 87 88 89 90 91 92 94 95 96 99 100 101 102 103 104 105 106 107 108 109 110 111 112 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 131 132 133  Establishes multifamily dwellings according tot the density and dimensional requirements of Establishes a 50ft. setback requirement for commercial buildings and facilities from PUDs. Establishes a 20ft. buffer requirement where a commercial use or zone abuts a residential  the RS-8 multifamily residential district as a Special Use.  district or PUD.  93 Part IV, Section 36-209, Prohibited Uses in all Districts:  Establishes miniature golf courses, storage units, warehouses, and wind farms as prohibited  uses in all zoning districts.  97 Part' V,Section 36-297, Building and Zoning Permits Required; Time Limitations for Site Plans, Building  98 Permits and Zoning Permits:  Establishes that approved site plans expire ifal building permit and zoning permit are not Establishes that only building permits expire if construction has not commenced within 180 Establishes that building permits, zoning permits, and site plan approvals expire if worki is Establishes that ifa an application made in accordance with approved regulation is submitted forac development approval and a development regulation change between the time the application was submitted: and a decision is made, the applicant may choose which version of the development regulation will applyt to the application. If the development permit applicant chooses the version of the rule or ordinance applicable at the time of the permit application, the development permit applicant shall not be required to await the outcome of the amendment to  issued within one year of approval.  days of issuance of al building permit and zoning permit.  discontinued for one year.  the rule, map, or ordinance prior to acting on the development permit.  113 Part VI, Section 36-299, Application for Building Permits, Zoning Permits and Site Plan Requirements:  Requires showing the anticipated final appearance of the front, sides, rear, and rooflines of Requires a rendering showing the anticipated front, sides, and reara appearances of structures Establishes that improvements that require a new wastewater treatment facility, or connection to an existing wastewater treatment facility, documentation from the North Carolina Utilities Commission certifying that the owner oft the wastewater treatment facility is an approved public utility, and the franchise holder must be submitted with the site plan Establishes that improvements that require connection to an existing wastewater treatment facility, documentation from the North Carolina Department of Environmental Quality certifying that the wastewater treatment facility is in compliance with all applicable requirements must be submitted with thes site plan application, including adherence to permit conditions issued byt the  proposed structures shown on site plans.  shown on site plans relative to the proposed landscaping. Requires showing the number of bedrooms and/or occupants.  application.  North Carolina Department of Environmental Quality.  130 Part VII, Section 36-300, Application for Permit for Special Uses:  Establishes that no Special Use Permit application shall be deemed complete unless it is accompanied by a site plan drawn to scale which complies with the site plan requirements  contained in section 36-299.  Southern Shores Planning Board-February 21, 2024lpg. 3    134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180  Establishes that the Town Planning Board shall review Special Use Permit applications and recommend. approval, conditional approval, or rejection of applications to Town Staff instead of  the Town Council.  160D-301(b)(6) allows Planning Boards to provide a preliminary forum for review of quasi-judicial decisions, provided that no part oft thei forum or recommendation may Reorganizes the Section: so that it follows the Special Use Permit process chronologically. Establishes requirements for transmitting Special Use Permit applications, reports, and Establishes procedural requirements fore evidentiary hearings held by the Town Council when Establishes that approved Special Use Permits shall be recorded byt the applicant in the county Establishes that al building permit and zoning permit must be issued within one year of approval ofa Special Use Permit application and accompanying site plan. Ifal building permit and zoning permit are not applied for andi issued within one year from the date off final approval of the Special Use Permit application and accompanying site plan, the Special Use Permit approval ands site plan expire, and the applicant must submit ar new Special Use Permit application and  be used as a basis for the deciding board.  written materials tot the Town Council. considering Special Use Permits.  registry.  accompanying site plan.  155 Part VIll, Section 36-304, Vested Right:  Revises the Section title to' Vested Rights - Site Specific' Vesting Plans.  Deletes the Section in its entirety and replaces it with the requirements established in G.S. 160D-108.1 The ZTA is consistent with the Town's Existing and Future Land Use Mapi in the Town's currently adopted Land Use Plan. The Town's Land Use Plan contains the following Policy 2: The community values and the Town will continue to comply with thet founder's original vision for Southern Shores: al low-density residential community comprised of single- family dwellings on large lots (served by a small commercial district for convenience. shopping and services located at the southern end of the Town). This blueprint for land use naturally protects environmental resources and fragile areas byl limiting development and growth. ) Action Item 2-b The Town shall encourage the use of lowi impact development techniques and sound environmental preservation practices for all new development, remodeling and redevelopment within Southern Shores.  Policies and Action Items that are applicable to the proposed ZTA:  Policy 7 Support stormwater management programs that reduce flooding and improve coastal  water quality.  Action Item 7-b Encourage the use of Low Impact Development (LID), vegetative buffers to filterstormwater, impervious surface limits, and innovative stormwater management alternatives to reduce runoff and to improve water quality. Policy 26 Promote open: space, tree protection, and natural vegetation diversity.  Southern Shores Planning Board-February: y21,2024lpg. 4    181 182 183  Action Item 26-b Encourage lot preparation methods that preserve natural  vegetation and minimize clear cutting.  184 RECOMMENDATION-IowN Staff has determined that the proposed amendments are consistent with the 185 Town's currently adopted Land Use Plan and Town Staff recommends that the Planning Board 188 Vice Chairperson DiBernardo recommended reviewing the ZTA byi individual sections making necessary 189 changes at that time. He noted there are strikeouts throughout that is due to 160D. 191 Planning Director Haskett stated before the board reviews the ZTA in its entirety, staff would like to  186 recommend approval of the application tot the Town Council.  187 190 193 194 195 196 197  192 recommend two additional changes.  1. Revise section 24-27 part one-the planning board duties, to provide a preliminary forum for review ofs special use permits provided that no part of thei forum or recommendation  may be used as a basis for the Town Council.  198 Planning Board Member Zehner felt the change made sense, and stated in practice he is hopeful that 199 staff is at Planning Board meetings and hears the concerns that are raised by the board and by the public 200 and if there is anything that warrants additional investigation before it goes to council, staff would be 201 doing that. The whole point is that when it gets in front oft the council as a quasi-judicial hearing the 202 facts must be presented ini front of them and anything that's pertinent is going to be raised again. 204 Planning Director Haskett explained the Planning Board will still have the meetings and receive public 205 comments. The only difference is the board would be making recommendations to staff; whether it's  203  206 approval, disapproval, or with conditions.  207 208 209 210  2. Part I, Section 36-171-Town staffi is withdrawing the proposed amendments to this section at this time no amendments are being proposed at this time. Staff will come  back at another time withaz ZTA to address tree removal.  211 Section .36-207 General Commercial District-Permitted Uses Vice Chairperson DiBernardo recommended 212 using less than 20,000 sq. feet rather than using the term "small". Planning Director Haskett felt it was 213 already specific, and the term would need to be changed everywhere else it referred to. 214 Planning Board Members Zehner and McClendon didn't disagree but felt for now to stick with the 216 Part three 36-207 pages four, five, and six-Written comments submitted by Chairperson' Ward to be read  215 current wording and review oft the ZTAI before them.  217 into the reçord. 218 219 220 221 222 223 224 225  "We had talked about how to handle a series of docks and piers (marinas) in the commercial district. /would propose adding language onto permitted uses (9) "Estuarine bulkheads must be permitted by all applicable local, state andj federal agencies having jurisdiction"; however, In the ZTA, pg 12, lines 6-10 re: wwtp language: Iwould suggest a slight modification starting with line 9 to read' "the wastewater treatment, facility is an approved public utility; is the utility franchise holder; and is the permit holder issued by the North Carolina Department of Environmental Quality. All documentation of these requirements shall be submitted with the site  marinas (series ofo docks and piers) are not an allowed use.  Southern Shores Planning Board-February: 21, 2024lpg. 5    226 227 228 229 230 231 232 233 234 235 236 237  plan application. *****It think it is important to distinguish between the permit holder and the franchise holder, with the owner of the facility being required to be the holder of both. I'm stillj fuzzy on why "residential districts" is more legally binding than 'residential use"d as it relates to the boundaries and buffers in mixed use group development and the dimensional requirements in the Cgeneral commercial district. See (8) under dimensional. requirements Its says "Where a commercial use orz zone abuts. " For my point, why not say residential use or zone or planned unit development rather than residential. zone or planned unit development.! think of zone and district as being interchangeable in our ordinances. A residential use is) just that----- the property is being used for residential, purposes. It may be splitting hairs and somewhat redundant, but this needs to be bulletproofmoving. forward."  238 Planning Board Member Zehner did not agree withi inserting "; however, marinas (series of docks and 239 piers) are not an allowed use" as iti is spelled out as a permitted use elsewhere int the code, so that 240 presumes that we then have to list every use that is prohibited by its omission. 242 Planning Director Haskett stated the SSCA marinal is considered a community recreation facility and not a 243 marina. Planning Board Member Zehner then recommended adding marinas to the prohibited uses. 245 Planning Director Haskett read the community recreation facilities definition and stated marinas, nor its 246 definition are in the town code. Thel board can revisit marinas at another meeting. 248 Planning Board Member McClendon stated the State of North Carolina does have a definition for  241 244 247 249 marinas. 250  251 Planning Director Haskett also commented on Chairperson Wards comment about residential use by 252 stating, town staff suggests keeping residential districts throughout these changes in 207 instead of 253 zones. One zone would have to ber revised to district (missed) and add residential use(s). 254 Planning Board Member Zehner commented that ift two commercial adjacent properties are developed, 255 one commercial and one multifamily singular, then it would have stricter buffer and: setback 256 requirements. He questioned ift that was the intended outcome. Planning Director Haskett did not think 257 it was ani issue to provide an extral buffer or setback between a residential use and a commercial district. 258 Planning Member McClendon stated that a variance could be requested and may be appropriate. 259 Planning Board Member Zehner in referencing Chairperson' Wards comment stated he was comfortable 261 Planning Director Haskett continued with 36-207, proposed amendments also remove multifamily 262 dwellings from thel list of Permitted Uses and make them a special use that meets the density and 263 dimensional requirements of the RS8 multi-family district. In addition to making multifamily dwellings a 264 special use, it removes the question about which lot coverage requirement applies to multi-family 266 Planning Board Member Zehner asked what the commercial lot coverages is. Planning Director Haskett 267 stated commercial lot coverage is 60%. Lot coverage is building and parking and can be upt to 67%i in the  260 using residential use, district, or planned unit development."  265 dwellings (40% or 30%) and establishes 30%.  268 commercial district with the use of permeable pavement.  Southern Shores Planning Board-February 21, 2024lpg. 6    269 Planning Board Member Zehner: suggested making the change but revisit as part of the commercial 270 design standards. Planning Board Member McClendon agreed, stating he would rather see an apartment 271 complex than a Sugar Kingdom and we are making it difficult for someone to develop on their 273 Allmembers agreed by consensus to move to special use as proposed. and go to 40% coverage. 274 Planning Board Member Lawler asked ift there was anything int the ordinance referencing maintenance of 275 permeable pavement. Planning Director Haskett stated there is nothing currently in the ordinance. 276 Vice Chairperson DiBernardo suggested approaching the maintenance of permeable pavement when 278 Vice Chairperson DiBernardo moved onto buffer zones in planned unit development (#8). He reviewed 279 the amendments and: suggested adding that plants should be maintained by the developer and replaced 280 within 60 days or appropriate planting season ift they die. AlIE board members agreed. 281 Section 36-209-AIIB board members agreed to the proposed amendments int the ZTA. Planning.Director 282 Haskett added, in thel list of prohibited uses is smoke and vapor shops buti int the current list of permitted 283 uses the retail sale of tobacco products is a permitted use, staff recommends deleting tobacco products 285 Planning Board Member Zehner stated there is a distinction there though between the retail sale of 286 tobacco that may be incidental to a retail store versus a smoke and vapor shop where that is the 288 Part V- Vice Chairperson DiBernardo reviewed the section, all members agreed to the amendments  272 commercial property.  277 they discuss commercial design standards.  284 from that section to be consistent with the list of prohibited uses.  287 predominant use. Planning Director Haskett stated that made sense.  289 (160D changes).  290 Part VI-36-299-Vice Chairperson DiBernardo reviewed the section.  291 Planning Board Member Zehner number one proposed to scale architectural elevations of thei front, 292 sides, rear, and roof lines oft the proposed structures shown on the site plan. All members agreed. 293 Vice Chairperson DiBernardo commented that the building, volume, and density aspect was brought up 294 at a previous meeting and would be a good thingt to apply to commercial design standards. 295 Planning Board Member Zehner used to the applicant having to provide project narrative and maybe 296 that is something that could be required. He would like to see as may be part of the commercial design 297 standards some eventual scale of appropriateness in -terms of the volume and floor area ratio, some 298 evaluation of the existing development is int town so they can understand what is too big beyond what 299 we have. Planning Board members felt it was an important topic to take up with commercial design 301 Planning Board Member Zehner stated under #21 proposed number of bedroom and occupants, you can 302 say residential density expressed as proposed number of bedrooms and their occupants per acre or per 304 Vice Chairperson! DiBernardo stated number 20 and 21 are both new additions. Planning Board Member 305 Zehner stated you would want to add rendering showing proposed front, sides, and rear appearances of  300 standards.  303 square foot. Then similarly some expression of commercial density.  Southern Shores Planning Board-February 21, 2024lpg. 7    306 the proposed structures with views relative tot the context of adjacent properties, including retained 308 Vice Chairperson DiBernardo reviewed the new items added for a wastewater treatment facility. 309 Planning Board Member Collins stated she would like to see on page 11 number! 5- the treatment of 310 wastewater be incorporated into 6G on page 13. She stated it needs tol be specific versus, just saying 311 appropriate permitting agencies and! keepi it consistent.. All board members agreed. 312 Planning Director Haskett read a comment from Chairperson Ward pertaining to page 12, line 6-12 313 modify to read "the wastewater treatment facility is an approved public utility, is the utility franchise 314 holder, and is the permit holder issued by! NCI Dept. of Environmental Quality". All members agreed to 316 Planning Board Member McClendon stated he did not have an issue adding that language, but he did not 317 know if the Town of Southern Shores has the authority to require that ift the NC Utilities Commission and 318 the Department of Environmental Quality don't require it. Planning Director Haskett stated the town 320 Vice Chairperson DiBernardo reviewed the application for special uses section and the procedure fora 321 quasi-judicial hearing process which is already in place. The board had no suggested changes. 322 Vice Chairperson DiBernardo had Planning Director Haskett explain vested rights and touched on the 324 Planning Board Member McClendon asked ift the recording of the special use permit goes with the land. 325 Planning Director Haskett stated once a special use permit is issued and recorded, it goes with the land  307 vegetation, landscaping, and other site elements.  315 the proposed wording change.  319 attorney will review the changes.  323 pertinent changes to the section.  326 (2-5 years ift they request a vested right).  327 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344  328 The Planning Board reviewed! ZTA-24-01 making the following changes:  revise section 24-27 part one-the planning board duties to provide a preliminary' forum for review of special use permits provided that no part of the Forum or recommendation may be  used as a basis for the Town Council.  Number 71 page three, change governing board to town council. part two 36-171- -Town staff withdrew the proposed amendments. section 36-171 staff is going to come back with another ZTA. Provisions -marinas we're going to revisit. about the buffers and: setback buffer ands setback requirements.  Going to add residential districts and residential use or uses throughout 36-27 where it talks Part 63 36-299 improvements that require a new wastewater treatment facility or existing wastewater treatment facility connection, revising "wastewater treatment facility an approved public utility is the utility franchise holder and is the permit holder issued by NCDEQ. page six- multifamily dwellings block coverage is going to be set at 40% andi it will be made of revisit the list of permitted uses during our commercial design standard consideration.  special use.  Southern Shores Planning Board-February 21, 2024lpg. 8    345 346 347 348 349 350 351 352 353 354 355  page: six- make a revision says buffer shall ber maintained byt the property owner/developer, and dead vegetation shall be replaced during their appropriate planting seasons. page 10 number one- proposed tos scale architectural elevations of the front, sides, and rear of page: 11 -are rendering showing the proposed front side and rear appearances of the structures relative to the views from the from adjacent properties, including retained vegetation, proposed  roof lines.  page 10 -revisit area ratioi in commercial design standards  landscaping, and other site elements.  page 13 -we are going to take languagei from number five on page 11. page 12 -add the language referred to by Chairperson Ward (letter).  356 MOTION: Planning Board Member McClendon moved to adopt ZTA: 24-01 with the proposed changes 357 and forward to council, and that the amendments are consistent with the land use plan policies and 358 action items as listed, Seconded by Planning Board Member Zehner. The motion passed unanimously. 361 Paul Watson-Sassafras Lane-town: should avoid preventing the taking down oft trees. It is nice to save 362 them, but trees are affected by the elements and disease. As far as marinas are concerned, the council 363 should grandfather the existing marinas, New marinas come under CAMA. Would like to know the  359  360 Public Comment  364 town's vegetative management plan for the canals/marsh.  365  366 Planning Board Member Comments  367 Planning Board Member Collins would like to see some water quality tests done and some type of plan 370 Planning Board Member McClendon stated at the council meeting on March the 12th the contractor for 371 the Trinite/Juniper Culvert Bridge will be making a presentation. The culvert is proposed to ber reduced in 375 Planning Director Haskett stated the next planning board meeting is scheduled for March 18", agenda 376 items may consist of considering tree removal, commercial design standards, and lot width. DCM has 377 completed their review of the Land Use Plan, and it has been forwarded to other agencies for review. 380 Motion to adjourn the meeting by' Vice Chairperson DiBernardo, Seconded by Planning Board Member  368 created. Planning Director Haskett stated iti isi in the Land Use Plan.  369  372 height to make the road al little flatter and: safer.  373  374 Announcements  378 379 Adjourn  381 McClendon. The time was 6:47 p.m. The motion passed unanimously.  MIIN  UTHERN SEAL  382 383 ATTEST: 384 385 386  Respertfulysubmittes, A  Chairperson  OMyu AndyWard,  NC 151413111111  Southern Shores Planning Boandebuay21.20Alpe: 9