SOUTHERN  Town of Southern Shores 5375 N. Virginia Dare Trail, Southern Shores, NC 27949 Phone 252-261-2394/Fax: 252-255-0876 wwaouthmahereegenw  CAROLINA  8  9 MEETING MINUTES  10 PLANNING BOARD METING-SEPTEMBER 18, 2023, 5:00P.M.  11 LOCATION: PITTS CENTER-5377 N VIRGINIA DARE TRAIL, SOUTHERN SHORES, NC27949  12 13  14 CALLTO ORDER:  15 Chairperson Ward called the meeting to order at 5:00 pm. Planning Board Members Ed Lawler, 16 Robert McClendon, Jan Collins, Michael Zehner, Tony DiBernardo (Vice Chairperson), Andy Ward 17 (Chairperson) and Deputy Town Manager/Planning Director Wes Haskett were present. Attorney  18 Lauren Arizaga-Womble was also present by Zoom. 21 Chairperson Ward led the Pledge of Allegiance.  19 22  20 PLEDGE OF ALLEGIANCE: 23 APPROVAL OF AGENDA: 25 Procedure before Public Comment.  24 Chairperson Ward suggested amending the agenda to consider New Business Item B. Rules of 26 Motion made by Planning Board Member Collins to approve the agenda with amendment, Seconded 27 by Planning Board Vice Chairperson DiBernardo. The motion passed unanimously.  28  29 ELECTION OF OFFICERS  30 Vice Chairperson DiBernardo nominated Andy' Ward as Chairperson, seconded by Planning Board 33 Chairperson Ward nominated Tony DiBernardo as' Vice Chairperson, seconded by Planning Board  31 Member Lawler. Unanimous vote to elect Andy Ward Chairperson.  32 35  34 Member Lawler. Unanimous vote to elect Tony DiBernardo Vice Chairperson.  36 APPROVAL OF MINUTES-AUGUST9,; 2023  37 Motion made by Vice Chairperson DiBernardo to approve the August 9, 2023, Planning Board 38 minutes, Seconded by Planning Board Member Lawler. The motion passed unanimously.  39  40 APPROVAL OF VA-23-01-ORDER DENYING VARIANCE  41 The Board of Adjustment of the Town of Southern Shores held a Public Hearing on. July 17, 2023 to 42 consider a variance application submitted by Lindsey Lupino seeking to vary Town Code Section 36- 43 165(8) Table Ca and Section 36-165(2)b on the parcel of property located at 5500 N. Croatan Hwy. The  44 Board, having heard all of the evidence, voted to deny the variance.  45  Planning Board Meeting September 18, 2023 Ipg. 1    46 Motion made by Chairperson Ward to accept the Order Denying Variance 23-01 with the amendment 47 correcting the word "granted" to "denied" found on page 2, Seconded by Planning Board Member 50 Vice Chairperson DiBernardo explained the variance request came from the store Five Below  48 Lawler. The motion passed unanimously.  49 52  51 requesting a very large sign, beyond what the ordinance allows.  53 RULES OF PROCEDURE AMENDMENTS  54 Chairperson Ward stated beside some minor changes, the amendment addresses absences of 57 Planning Board Member Zehner recommended keeping things clear by adding under section one 58 Applicability Policy a statement under the end oft the paragraph that says, the policy applies to regular 61 Motion made by Chairperson Ward to approve the Planning Board's Rules of Procedure as amended 62 toi include Planning Board Member ehnefsrecommendaton, Seconded by Planning Board Member  55 members, this also would apply to alternate members.  56  59 and alternate members. All Planning Board members agreed by consensus.  60  63 Lawler. The motion passed unanimously.  64  65 PUBLIC COMMENT  66 Chairperson Ward opened public comment and the following citizens all offered comment on the 67 new business agenda item SUP-23-01, a Special Use Permit application on behalf of Ginguite, LLC for 68 amixed-use group development of commercial and residential buildings at 6195 N. Croatan Hwy. 70 Richard Filling-131 Crooked Back Loop-need to ensure the proper water approval is received from 73 Dixie Kirby-321 N. Dogwood Trail-opposed to the development of the commercial parcel. Surprised 76 Matthew Huband-110 Landing Trail-pleased the staff report has a 501 ft. setback as a condition. Please 77 look carefully ati the entry and exit near Landing Trail and ensure there is al long-range plan for the 80 Lynn Usher-121 Ocean Blvd.-121 Ocean Blvd. distributed the attached letter] the development will 83 Arleen Arnold-All Saints Episcopal Church-gifted the playground to the Episcopal Church and had it 84 dedicated to her granddaughter who passed away in the Sandy Hook tragedy. Development is going 87 Willow Nash-28 Duck Woods Drive- concerned about the safety of children and animals, taking away  69 72 75  71 Federal and State agencies.  74 by the extent of the proposed plans, goes against Frank Stick's vision and spirit.  78 maintenance and viability of the wastewater treatment plant.  79 82  81 intrude on ministries in our outdoor sanctuary.  85 to disturb the land and create water and mosquito issues.  86 89  88 from the residential area.  Planning Board Meeting September 18, 2023 Ipg. 2    90 Tim Nash-28 Duck Woods Drive-opposed, no more building. Development will contribute to the 91 excessive traffic, more strain on the Police Department (not enough manpower to handle increase in  92 density) destruction of the wetlands.  93 95  94 Caroline Rhoads- opposed toi the development of the parcel.  96 Elizabeth Ryan-19 Spindrift Trail-great love and pride for the community, development if approved 97 will be detrimental. Environmental impact, increased traffic (will need traffic assessment), boat 100 Audra Krieg-174 Duck Woods Drive-need to consider impact on the environment, how can the 101 proposed development fit on the marsh and-overbullding. This community was built on family. 103 Tim Baker-501 Martins Point Road-need at traffic study, residents of development will use the light at 104 Martin's Point, pedestrian traffic worries, a community marina cannot be developed in that area, 107 Mike Magnum-8 Foxwood Circle-Town needs to restrict the development, traffic study needs to be 108 done, no left onto Landing drive from development, 501 ft. setback should be required. 110 Bob Healy-5205 Barlow Lane, Kitty Hawk-opposed to development, need to be extremely careful 113 Ann McDowel-5025 Martin's Point Rd.-primary fish nursery, concerned about marina, what will be  98 traffic. 99 102  105 boating needs to be restricted.  106 109 112 115 117 119  111 about not only this development buti future development as well.  114 the impact on the marshes and the water.  116 Bill Wiese-6069 Martin's Point Rd.-don't give an inch, this developer will take it.  118 Chairperson Ward closed public comment.  120 NEW BUSINESS 123 Croatan Hwy. 124  121 SUP-23-01, a! Special Use Permit application submitted by Cathleen M. Saunders, P.E. on behalf of 122 Ginguite, LLC1 for a mixed-use group development of commercial and residential buildings at 6195 N. 125 Planning Director Wes Haskett presented the staff report which read as, the applicant seeks a Special 126 Use Permit for a mixed use group development of commercial and residential buildings at 6195 N. 127 Croatan Hwy. The proposed development consists of one residential building (east building) and one 128 building with residential units, retail area, office space, and a restaurant (west building). The total 129 number of proposed residential units is 36. Parking areas include the use of permeable pavement in 130 order to be eligible for a maximum gross lot coverage of 67% instead of 60%. Currently, the proposed 131 gross lot coverage is 64.2%. The proposed net lot coverage for the residential buildings and parking 132 spaces is 27.4%. A20ft. vegetative buffer is shown along the northern property line adjacent tot the 133 All Saints' Episcopal Church property. A vegetative buffer consisting of one understory tree and one 134 shrub alternated 101 ft. on center is proposed along a portion of the eastern property line adjacent to  135 Southern Shores Landing.  Planning Board Meeting September 18, 2023] Ipg. 3    136  137 A5ft. vegetative buffer is proposed along the southern property line adjacent to the Hwy. 158 right- 138 of-way which has been modified SO that it does not come within 50f ft. ofe existing Dominion power 139 poles. Proposed. signage for the development includes two monumeny/reestanding signs and six 140 "Commercial Parking Only" signs. There are 200 proposed parking spaces (including credit for 3 141 spaces for 3 bicycle racks), with 42 of them being permeable, and 199 spaces are required. Sanitary 142 sewer for the development is to be collected via a gravity sewer network. The system will collect to 143 an off-site lift station that will pump sewage to an existing wastewater treatment plant that currently 144 serves Southern Shores Landing. A lighting plan and specifications have also been provided and the 145 lighting plan shows that the proposed lighting does not exceed one footcandle ofl light at the property  146 lines. 147  148 RECOMMENDATION  149 The Town's Land Use Plan identifies the subject property as Commercial in the C, General 150 Commercial zoning district which is consistent with the improvements proposed in the application. 151 However, the subject property is adjacent to properties that are identified in the Land Use Plan as 152 Residential. The Town's Land Use Plan contains the following Goal, Policies and Action Items that are  153 applicable to the application:  154 156  Goal 2: Protect, enhance and support land uses that are compatible with surrounding land  155 uses and maintain the existing character of Southern Shores.  157 Policy 2: The community values and the Town will continue to comply with the founder's original 158 vision for Southern Shores: a low-density residential community comprised of single-family dwellings 159 on large lots (served by a small commercial district for convenience shopping and services located at 160 the southern end oft the Town). This blueprint for land use naturally protects environmental 161 resources and fragile areas by limiting development and growth. Action Item 2-b: The Town shall 162 encourage the use of low impact development techniques and sound environmental preservation 163 practices for all new development, remodeling and redevelopment within Southern Shores. 165 Policy 7: Support stormwater management programs that reduce flooding and improve coastal water 166 quality. Action Item 7-b: Encourage the use of Low Impact Development (LID), vegetative buffers to 167 filter stormwater, impervious surface limits, and innovative stormwater management alternatives to 170 Policy 26: Promote open space, tree protection, and natural vegetation diversity. Action Item 26-b: 171 Encourage lot preparation methods that preserve natural vegetation and minimize clear cutting. 173 Town Code Section 36-207(c) establishes that Special Use Permits shall be subject to conditions and 174 modifications relating toi impacts on adjacent properties, transportation and transportation systems, 175 transportation interconnectivity, stormwater, utilities and telecommunications facilities (including 176 capacity), vegetation and other elements of the natural environment, noise, hours of operation, and 177 other factors that the Town Council finds applicable; and additional regulations and requirements 178 imposed by the Town Council, as provided in Article X of the Zoning Ordinance. Town Staff 179 recommends that the Board recommend conditional approval of the application to the Town Council  164  168 reduce runoff and to improve water quality.  169 172  180 with the following conditions:  181  Planning Board Meeting September 18, 2023 Ipg. 4    182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228  1. The following approvals shall be issued prior to submittal of a Building Permit  application:  a. Soil Erosion Sedimentation Control Plan Permit for land disturbance over: 1a acre C. NCDOT driveway permit and/or encroachment application for work in a State d. Modification to Permit No. WQ0017224 from the NCDEQ (tentative wastewater Review and approval of potable water distribution system modifications or extensions by the Dare County Water Dept. (tentative approval received); Receipts for payment of water connection fee from the Dare County Water Lot sturpance/stormwater Management Permit from the Town; and Approval from the Dominion Energy Transmission Group.  from the NCDEQ; right-of-way; approval received); CAMA Permit from the NCDEQ;  b. Stormwater Management Permit from the NCDEQ;  Department;  h. Water Main Extension Permit from the NCDEQ.  2. Prior to submittal of construction drawings, an updated fire hydrant flow test must be 3. Construction drawings shall demonstrate compliance with Needed Fire Flow requirements, and all other applicable Fire Code requirements.  conducted and witnessed by Town Staff.  4. The site plan identifies a "Marina." The "Marina"is: a series of docks and piers which are not permitted ini the C, General Commercial zoning district (see interpretation letter dated. August 14, 2023) and as a result, the proposed "Marina," proposed dock/picnic area/kayak storage, and proposed dock that extends into Ginguite Creek cannot be  approved as a part of the application.  5. IfNCDOT requires a traffic impact assessment or traffic study, the requirements in the traffic impact assessment or traffic study must be satisfied prior to submittal of a Building Permit 6. Maintain a! 50f ft. setback from the eastern property line adjacent to Southern Shores Landing (applicable to buildings and other facilities such as parking spaces, incinerators, trash collection areas, etc.) and preserve the existing natural vegetative buffer. 7. Maintain a 501 ft. setback from the northern property line adjacent to All Saints' Episcopal Church (applicable to buildings and other facilities such as parking spaces, incinerators, trash collection areas, etc.) and preserve the existing natural vegetative buffer. 8. The applicant must strictly abide by all requirements of the Town Code and must also strictly comply with all other applicable local, State, and Federal requirements.  application.  Planning Board Meeting September 18, 2023 Ipg. 5    229 Summit Gupta, Ginguite LLC (the Applicant) addressed the board. Mr. Gupta stated he valued the 230 comments heard and agreed with some. He has worked closely with staff and has followed the 231 ordinance to a "T" and is not asking for anything that does not meet the ordinance. He believes multi- 232 family units are needed and this property has been approved before for development. All the 233 conditions staff has listed have been met, except for the 501 ft. buffer. The site plan currently has a 34 234 ftbufferi from Landing Drive. They have spent $900,000 on improvements to the sewer plant and are 237 Michael Strader with Quible and Associates (the Applicant's Representative), stated he could address 238 the technical aspects. He stated there are no wetland impacts proposed. An engineered stormwater 239 system is proposed, there are currently no stormwater measures on the property now. The plan does 240 not propose a community boat rental or a left turn through Landing Drive. They are open to further 243 Chairperson Ward read al letter submitted by ETJ Planning Board Member John Finelli who could not  235 working with the state.  236  241 traffic measures and will honor the NCDOT process.  242 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275  244 be present for the meeting.  ETJ Representative John Finelli. SUP-23-01  Comments  MARTIN'S POINT CONCERNS  Traffic- - Without a traffic light, it will be nearly impossible to make a left had turn out of this property. As a result, much oft the traffic will end up making a right-hand turn, then turning into the. Service Road at Martin's Point and using the Martin's Point commercial properties as a turn- around. This Service Road was never designed or intended, fort this use. This area is already congested, and the added traffic will create delays and safety imposition on the Martin's Point commercial property owners. It is reasonable to require the Applicant to conduct a Traffic Study as part oft the. SUP review. The Dare County Commissioners have required traffic studies under. similar circumstances, the most recent being the. SUP application for cluster homes in Wanchese. As part of the traffic study, the Applicant should. seek approval for a traffic light, whether that light is paid for by NCDOTor the Applicant. There are aiready quite aj few traffic lights in this area, but this will not impede traffic ift they are coordinated. A traffic light at an entrance to this property could be placed. such that it would be. 900 feetj from the nearest light. Such. short distances already exist at other locations on Hwy 158, including lights in Hamburger. Alley in KDH Marina - Under no circumstances should the Applicant be allowed to constructa commercial marina or conduct any type of commercial water-based activities. Jean Guite Creek is a valuable resource for recreational activities for the residents of Southern Shores and Martin's Point. It is often congested, particularly on summer weekends. A commercial marina has the potential to ruin this area fort the residents, and there is nothing more dangerous than a tourist renting a boat orj jet ski. Having said that, believe that the residents oft the. SAGA condominiums should have access to the water and be able to enjoy the area as Ihave. As such, any boat slips should be assigned and deeded to the individual condo owners, with no more than one slip fore each property. Boat. slips shall not  issues, as well as being an  that are only 450j feet apart.  Planning Board Meeting September 18, 2023 Ipg. 6    276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 297  be rented or leased. Boat and jets ski rentals should be prohibited. Commercial boat operations, including cruises, sight-seeing, parasailing, and other, should be prohibited. If kayak rentals are allowed, Ithink they should be confined to. Jean Guite Creek, not. Jean Guite Bay. Most of the kayak rentals from Kitty Hawk Kites, on the other. side of Hwy 158, remain in the narrow creek. Those who venture into. Jean Guite Bay are a menace to boaters and a danger to themselves. They are just trying to have a good time, but many don't know how to paddle and are clueless as to water. safety, particularly around other During Construction - No vehicles involved in construction shall turn on to the. Service Road  boats.  at Martin's Point. QUASI-JUDICIAL HEARING  As ETJ Representative, Ibelieve Ihave Standing and. should be allowed to testify at the Hearing on matters involving. Jean Guite Creek and. Jean Guite Bay, as these waters are in the ETJ. lalso believe that a representative of the Martin's Point Homeowners. Association (President Tim Baker or other) has Standing and should be allowed to testify since the proposed development borders Martin's Point and has an impact on ourresidents, with regards to noise and lighting, and on traffic that may turn into our entry.  295 Chairperson Ward started the S.U.P. review with the site narrative and felt going page by page would 298 Chairperson Ward. started with the overview section and asked for the explanation to the 6.96 acres, 299 as Dare GIS has it as! 5.02 acres. Michael Strader, Quible & Assoc. stated the applicant does have deed 300 to the bottom of the Ginguite Creek Boat Basin and with the northern area of the parcel it totals the 301 6.96 acres, he clarified that the parcel area not including surface water is 5.19 acres. The net acreage 302 of the lot is approximately 4.55 acres, which does noti include any areas covered by waterways, 305 Vice Chairperson DiBernardo asked what the gross coverage of 64.2% is based off of. Mr. Strader 306 answered it excludes the surface water body and the coastal wetlands and that is the 4.55 Acres. 308 Planning Board Member Lawler asked if the Corps. of Engineers definitively did say this is not 309 wetlands and asked for documentation to such. Michael Strader stated all that predated Quible being 310 involved but George Wood had worked it out with the Corps. back when the bulkheading was 311 conducted. There was also a more recent CAMA permit that the Corps. and CAMA confirmed what 314 Chairperson Ward asked about the gross lot coverage within Zone C of 249,796. .5. square feet, what 315 does that pertain to? Michael Strader stated Mr. Haskett had mentioned in the planning staff report 316 that there are two zones for the subject parcel. If you follow the northern boundary where the 317 subject parcel is adjacent to the church parcel and head directly west (basically splitting the boat 318 basin) all the area to the south of that is the commercial zone property. Then everything north oft that 319 is in the R1 zone. To demonstrate compliance with the town's ordinance with respect to lot coverage 320 we needed to show you the lot coverage only within the commercial zoning district, SO we've only 321 captured the area within the commercial zone but then we also excluded the surface water body  296 be the most thorough way to review.  303 wetlands, or marshes.  304 307  312 was there. 313  322 from that area. The net acreage is being used.  323  Planning Board Meeting September 18, 2023 Ipg. 7    324 Chairperson Ward stated that the lot coverage will come from that net amount of 198,177.73. Mr. 327 Chairperson Ward read the proposed use of the eastern and western building and asked the board 330 Planning Board Member Zehner asked if any oft the commercial offices would be associated with the 331 residential use, such as rental management, sales, or housekeeping. He stated most likely some of 332 these will be rentals and ini that type of density you would want some onsite management. The 333 applicant, Mr. Gupta, stated he has not given consideration to that, but it could be. He stated they 336 Planning Board Member McClendon stated he had some questions about the residential use. He 337 inquired if these were all condominiums, or an apartment complex. The applicant, Mr. Gupta stated 338 they are technically 36 multifamily units, they could be condominiums which is a more public offering 339 kind of document you have to do but the town code does not separate them; they could be long term 340 rentals, vacation rentals, or condominiums. No decision has been made but as of now they are 343 Planning Board Member McClendon asked how garbage and recycling would be managed for the 344 occupants. Michael Strader, Quible and AssOc., stated there are two different refuse areas, one at the 345 end of the proposed loading space on the furthest Western extents of the western building and the 348 Planning Board Member McClendon was not in favor of the eastern buildings' dumpster location as it 349 was next to an adjacent house. He also inquired if there would be an HOA. Mr. Gupta stated there 350 would probably be two different association fees, one for residential and the other commercial. 352 Planning Board Member McClendon felt 9200 sq feet of commercial office space was a lot and 353 inquired about the need. Mr. Gupta stated the commercial space will be a mix of offices, retail, and 354 restaurants and will adjust with the exact tenant mix and as the market conditions change. 356 Planning Board Member Zehner asked a related question, if the applicant would feel comfortable if 357 there was a condition that limited the square feet to the proposed uses or did they intend to do 358 something different from what is proposed. Mr. Gupta did not have any plans to change the 359 proposed plan but knowing it would have to come back for board approval if set as a condition, was 360 not ideal. He clarified that the mix could fluctuate (different shop/restaurant sizes) but to show 361 proper parking they needed to allocate a square footage of commercial space. 363 Michael Strader, Quible and Associates, felt it was key to have some flexibility for the survival ofa 364 commercial space. Planning Board Member Zehner felt it was hard to pin down the impacts if there's 367 Chairperson Ward inquired about the 36 condominium units. Mr. Gupta stated there are 36 368 multifamily units, as of now they would be proposed as condominiums for sale but that could change 369 along with market conditions, but for review purposes they are 36 multifamily units. 371 Chairperson Ward inquired about the total number of bedrooms within the 36 unit as it would factor 372 into the wastewater number. Michael Strader, Quible and Assoc. stated note 12 has the wastewater 373 computations listed, which include bedrooms and commercial restaurant seating numbers.  325 Strader confirmed that number.  326 329  328 fora any general comment about the explanation.  334 have not made a decision tol have an onsite office at this time.  335  341 looking at 36 condominiums that range from 2 bedrooms to 4 bedrooms.  342  346 other is close to the shared entrance on the eastern building.  347  351  355  362  365 a lot of variability.  366  370  374  Planning Board Meeting September 18, 2023 Ipg. 8    375 Vice Chairperson DiBernardo inquired about the residential units in the west building. Mr. Gupta 376 stated there are: six units ini that building, but they are included int the 36 total number, units can be 377 condo minimized too. Plans for now are thirty 2-3-bedroom units in the eastern building and six 380 Chairperson Ward asked what the difference is between condo-minimized and apartment. Mr. Gupta 381 stated you build a condo to certain building code standards, and you can deed that unit, which 382 typically has aj public offering statement stating what they own and the rules within the complex. 383 Multifamily does not allow you to sell individually. Condos will give the ability to sell individually but 386 Planning Board Member Zehner stated the board cannot regulate ownership and that is why Mr. 389 Moving on, Chairperson Ward read the existing site section of the narrative. He asked where the 390 10.25 above sea level was at. Michael Strader, Quible and Assoc., replied that it was by US 158. 392 Chairperson Ward asked if the applicant had an elevation at the building corners that the board can 393 document before any lot disturbance occurs. Michael Strader stated the existing elevations are 396 Planning Director Haskett clarified; Chairperson Ward is looking for the average of the existing grades 397 oft the corners. Chairperson Ward asked Mr. Strader to provide the average existing grades at the 398 proposed building footprint (not immediately but to, get that information to the board). 400 Chairperson Ward read about the power easement int the narrative and asked the applicant about the 401 status on the 70-foot power easement formal application and statement.  378 larger units consisting of 3-4 bedrooms in the western building.  379  384 that will be decided and what makes sense when the time comes.  385 388 391  387 Gupta keeps referring to it as multifamily units.  394 documented on the drainage sheet ini the plan.  395  399 402 403 404 405 406 407 408 409 410  A70' power easement runs along the southern property line. The 70' power easement is located interior to both the property and the US 158. 180'r right-of-way. Three separate easements are located ini the northeast corner oft the property. A 5' ingress/egress easement, a kayak storage-picnic area & ingress/egress easement, and a joint-use fit center easement. An existing abandoned recreation center is located within the joint-use fit center easement. In the southeastern corner of the lot there is an access easement. Directly adjacent to the southeastern access easement is a perpetual easement for sewage treatment.  411 Michael Strader, Quible and Assoc., stated they knew the two lengthiest regulatory reviews would be 412 NCDOT and Dominion Energy and initiated those two permit applications or those encroachment 413 agreements early on in the process. There has been a lot of dialogue with Dominion Energy because 414 of trying to determine what can be done within their power easement. Typically, they don't allow 415 structures in general, butt they do allow parking and they will allow some extensive grading but no 416 structures unless iti is needed for public health and safety (fire hydrants). We have made a 417 determination that Dominion Energy has seen the plan, and they were amenable, but they also are 420 Chairperson Ward referenced the concerns listed ini the letter from Planning Board Member ETJ 421 Finelli and asked what the applicant would do if Dominion Energy does not allow vehicles under the 422 701 ft wide easement. Michael Strader, Quible and Assoc., stated if there were any state regulatory 423 agency permits that were not attainable then those building permits couldn't occur and the site plan  418 awaiting the town review process.  419  424 would not work the way it is shown right now.  425  Planning Board Meeting September 18, 2023 Ipg. 9    426 Chairperson Ward asked Mr. Strader howl long ago the applicant submitted an application to 427 Dominion Energy and was he aware of Dominion Energy not allowing parking under their easement. 428 Mr. Strader answered that the application to Dominion Energy was submitted approximately three 429 months earlier and although they do have the power to deny parking under their easement, he has 432 Planning Board Member McClendon stated the joint fitness recreation easement is an incredible 433 amenity for the residents of Southern Shores Landing, as well as the residents of the proposed 434 buildings. He is disappointed at the site plan that places a storm water box, a hole in the ground, right 435 int the middle of this incredible outdoor amenity. The church also has a Stations of the Cross path that 436 is along there, and a huge opportunity has been missed to create a better stormwater product. 437 Michael Strader, Quible and Assoc., stated those are dry infiltration basins, it is not constructed 438 wetlands or it's not wet retention basins, it is designed to be dry to promote infiltration. 440 Applicant Summit Gupta stated the plans willl have nice landscaping and look much better than it 441 does now. He also committed, if the church agrees, to expand the boardwalk over the corner of the 442 abutting properties (marsh) to connect the walkways. He is aware that CAMA will require a joint 445 Planning Board Member Lawler inquired about the stormwater overflow into the church's property. 446 Michael Strader, Quible and Assoc., stated nothing is being proposed off property and that is an 449 Chairperson Ward added that the church is genuinely concerned about spillage going their way. 451 Michael Strader, Quible and Assoc., stated as far as the infiltration basin, the State only requires an 452 inch and al half to be captured, but we know we: are experiencing more events than just the inch and 453 al half. This basin has over two feet from the bottom to the storage elevation, then nearly ai foot of 454 freeboard over top of that and greater than two feet ofs separation to: seasonal high. All the basins are 455 alsoi interconnected, they're going tol handle a much greater volume than what the State requires it 456 to handle. We are trying to capture the water and prevent iti from leaving the. subject parcel. 458 Planning Board Member Zehner asked what the 501 ft stormwater buffer is listed on the plan. Michael 459 Strader, Quible and Assoc., stated you can manage stormwater within that 50 ft buffer, but you must 462 Planning Board Member McClendon stated that the plan shows the eastern boundary going from the 463 same elevation as the storm drain down to the adjacent residences. Michael Strader, Quible and 464 Assoc., stated they are trying to preserve as much of that existing vegetation on the eastern buffer as 465 possible, but also limit the disturbance of the grading by tying into existing grades as far away from 466 that boundary as possible. He also noted that 100% oft that runoff from any impervious surfaces is 469 Planning Board Member Zehner inquired if the current aerial view depicted the current vegetative 470 buffer on the eastern boundary. It would be helpful to have a landscape architect do the landscape 471 plan because it bleeds into other plans. The plan does not clarify what is being removed and what is 474 Chairperson Ward, when reviewing the list of easements, questioned the easement of the lift station 475 on Southern Shores Landing common property. He stated the common property is owned by the 476 Vornadore family and asked Planning Director Haskett if he had had any contact with them. Planning  430 not had this occurred under his experience.  431  439  443 application. 444  447 existing swale on the subject property.  448 450  457  460 discharge outside of the 50 ft. buffer.  461  467 being captured.  468  472 being retained.  473  Planning Board Meeting September 18, 2023] Ipg. 10    477 Director Haskett stated whenever certified mail is sent to the Vornadore's with the address provided 480 Michael Strader, Quible and Assoc., stated the applicant is the owner of the utility, the utility owner 483 Planning Board Member Lawler stated new: sewer lines will need to be added and tied into the pump 484 station, how do you do that without getting an easement. Michael Strader, Quible and Assoc., stated 485 the easement is already in place. The plant already has permitted capacity, and the proposed sewer 486 usage is within that plant capacity. The applicant will still have to apply to DEQ for the wastewater 489 Chairperson Ward stated the board has not seen an easement for that stub of Landing Drive that 490 goes from US 158 into Southern Shores Landing. Michael Strader, Quible and Assoc., stated the 491 shared access easement for Ingress egress was ini the packet, they are also recorded with Dare  478 by county records it comes back as unreceived.  479 482  481 has rights to that easement, SO they could tie into that lift station.  487 line extension, but the capacity is there.  488  492 County Register of Deeds.  493  494 Michael Strader, Quible and. Assoc., stated these types of questions should have occurred before this 495 meeting, they have been provided to staff as the applicant is obligated to provide this type of 496 information with the permit. Chairperson Ward stated you provided us with a narrative and the 497 board intends to question everything that is on there, as they have a right to do SO as long as  498 reasonable progress is made. 501 completed in one meeting. 503 PUBLIC COMMENT  499 502  500 Chairperson Ward stated the board will continue its review of SUP-23-01 in October as it will not be  504 Nellie Healy-5205 Barlow Lane-tipping point where no more building is needed. The planned 36 units are not 505 needed and should be left as a green space. Residents should buy the land and leave it alone. 507 Katie Foster-156 Chicahauk Trail-just found out about this and will bring more people to the next meeting. 510 Emily Ausband-owns property across the street (Islander Flags) expressed concern about the traffic. 511 Have asked for several years for a stop light and it is hard toi imagine how much worse the traffic will 512 get. The area is extremely dark at night and trying to navigate it at night would be difficult. Would like 515 Dan Healy-5205 Barlow Lane-grew up with Ginguite Creek wildlife, beautiful, kayaking. Dynamic 516 space would be al logistical nightmare if developed. Opposed to development, urge caution.  506 509  508 This is our heaven, and it needs to be protected.  513 traffic light shared with her entrance if permit granted.  514 517 519 522  518 Tim Baker-asked Planning Director Haskett about the marina.  520 Planning Director Haskett stated the ordinance doesn'ta allow marinas, piers, or docks sO we cannot  521 approve it as part oft the site plan.  Planning Board Meeting September 18, 2023/pg. 11    523 Ann Sjoerdsma-232 N Dogwood Trail-The Planning Board is asking excellent questions and thanked all 524 the citizens for coming out, she reminded the audience of the election that will bei taking place in  525 November and the candidate forum October 2nd. 527 Chairperson Ward closed public comment. 529 PLANNING BOARD MEMBER COMMENTS  526 528  530 Chairperson Ward thanked the board members for digging in hard and spending extra time working 531 with Planning Director Haskett. The board is going toi take their time with this review. He stated this is 532 our Town and we're going to get it right; it may not be what everybody wants but we're going to 533 make a real hard effort to hold the applicant accountable and try to dial down al little bit oft the  534 grandiose proposal that we have in front of us.  535  536 ANNOUNCEMENTS 538 continue review of SUP-23-01  537 Planning Director Wes Haskett stated the next meeting will be October 16th and the board will  539 540 ADJOURN  541 Hearing noi further business, motion made by' Vice Chairperson DiBernardo, Seconded by Planning 542 Board Member Collins. The motion passed unanimously. The time was 7:34 p.m.  543 544 545 546 ATTEST: 547 548  Respertulysubmitted,  Clerk  s  A  a2 Thh  SEAL NO  Planning Board Meeting September 18, 2023 Ipg. 12    All Saints Episcopal Church An open-hearted, open-minded congregation seeking to be good neighbors and to welcome new neighbors.  Our roles in the community - : Promoting the: spiritual well-being of our Reaching out broadly and: serving our Addressing educational and developmental needs of preschoolers and their families  parishioners community  Our work in the community Promoting thes spiritual well-being of parishioners: Weeklyv worships services, adulte education Speciais services during! Holy Week,t the Advent Season and Christmas Provide: spaces forp prayer and quietr reflection int the Outdoor Sanctuary  * Reaching out broadly and serving our community: Holly! Days Bazaar &A Arts Festival After Darka at AlIS Saints Support for Pridefest Performance: sitef fort the! Dona and Catharine Bryan Culturals Series  AllSaintsE EpiscopalChurch Holly Days Bazaar &A Arts Festival!  After Dark at AlIS Saints has generated moret than $115,812 over nines seasons tos support community: service organizations, including more than $14,000 thisy year among Beach Food Pantry, Community Care Clinic of Dare, Children & Youth Partnership, Food For Thought, Interfaith Community Outreach, Outer Banks Relief Foundation, Room In7 Thel Inn Addressing educational and developmental needs of preschoolers 00  est  andt the Outer Banks Demential Friendly Coalition. TheA AlIS Saints School (TASS) Montessori preschool  3 &s  2  1    Welcoming new neighbors  Wer respect ther right of Ginguite LLCI to developi its property withint the legal parameters setf forthi inz zoning: and development policies oft the Town ofs Southern! Shores, Dare County, and: agencies oft the State of North Carolina. Att thes same time, we expect them tol bes sensitivet tot thei impact of their development onp parishioners' lives and BUILDING HEIGHT. Rows oft buildings reaching ah height of 43' MSL (see building elevations in SUP-23-01) would tower over the tranquil setting of ourl long-established Outdoor Sanctuary. Such tall structures wouldI loom over this sacred: space and compromiset the solemnity oft the Columbarium, Labyrinth, and Stations oft the Crossa as places fori introspection and quiet reflection. The use off fill ont the site will further elevatet the! buildings and exacerbate the development's negativei impact ont the church and surrounding community. We strongly NEIGHBORHOOD CONNECTIONS: All Saints seeks top preserve and enhance our connection tot the adjoining neighborhood of Southern! Shores Landing and to encourage connections with newcomers who will residei int the new development. The attached updated plats shows that the trail connection with Southern Shores Landingi is severed byab basin surrounded bya 6' embankment thati includes an overflow weir that would channel floodwater directly to AlIS Saints property. The updated plan also eliminates ane existing access easement that overlaysa at trail from the churcht tot the Ginguite parcel. This would: severely restrict pedestrian access tot the church forp prospective parishioners whop purchase homesi int the development. Rathert than destroying them, these connecting trails should be restored and enhanced, and the overflow basina andi its embankments relocated.  the effectiveness of our worki int the community. This pertains to:  recommend that ground floors bes set to existinge elevations.  3  Welcoming new neighbors (cont'd.)  DRAINAGE: Int the event ofal hurricane orf floodingr rain,t the drainage planf fort thep proposed development willl have serious consequences for church propertya and restrict accesst tot the church ands school. Overflow from the proposed basin ont ther northeast segment oft the propertyy willl be channeledf from and overflow weir directlyt to church propertya around and under the Education wing that houses TASS classrooms andr nursery spaces. Thep proposed basini isn not deepe enough nors sufficiently armoredt to prevent this overflow. Consistent with current drainage patterns, the drainage! basin should ber relocated, and overflowi floodwater: should be directedt to the Ginguite Creek basin. BUFFERING: The current plan provides nov visualg greenb buffers tot thet towering three- orf four-storyl homes proposed fort thec development. Othert than af fewe existingt trees outside thep proposed! basin ande embankment anda al buffer that willl limit interactions with residents ofs Southern Shores Landing, no large trees arep planned for the areab between the proposed buildings ando church property. The 75'0 CAMA AECI is largely developed with nol larget trees. Therefore, we request thatt the developer: show the percentage cover oft the 75' CAMA AEC and urge officials oft the Town: and Division of Coastal Management (DCM)t to ensure that building-coverage requirements: arer note exceeded. We also request additionall buffering, possiblyi includingt the relocation ofb buildings from the shoreline, meeting the: 30% CAMA AEC coverage, and addingl larget trees ass screening! betweent thep proposed buildings andt thes shoreline. STRUCTURE: SETBACK: The updated planr now placest thep proposed kayaks storagef facility outside oft the: area defined! byt the! 50' MBSL, increasingt thes space between thisf facilitya and thel border with AlIS Saints property. The dimensions: and characteristics oft thisf facilitya arer not provided. Whatt type ofb building is it? Does iti include the construction ofc docks, boat lifts, orl launching areas? Willi itc complyv with CAMAI regulations andl has ana application for a CAMA permitf fora a pier ord dock beens submitted? Suchi information: should! bep provided prior to approvingt the  application.  4  2    LANDINGT TRL    75h9  dzZ  Mw95,91  a