SOUTHERN Town of Southern Shores 5375 N. Virginia Dare Trail, Southern Shores, NC 27949 Phone 252-261-2394/Fax: 252-255-0876 waouthmahoremegenw CAROLINA 8 9 MEETING MINUTES 10 SPECIAL PLANNING BOARD MEETING-AUGUST: 9, 2023, 5:00P.M. 11 LOCATION: PITTS CENTER-5377 N VIRGINIA DARE TRAIL, SOUTHERN SHORES, NC: 27949 12 13 14 CALLTO ORDER: 15 Vice Chairperson DiBernardo called the meeting to order at 5:00 pm. Planning Board Members Ed 16 Lawler, Robert McClendon, Jan Collins, Michael Zehner, Tony DiBernardo (Vice Chairperson), and 17 Deputy Town Manager/Planning Director Wes Haskett were present. 20 Vice Chairperson DiBernardo led the Pledge of Allegiance. 18 21 19 PLEDGE OF ALLEGIANCE: 22 APPROVAL OF AGENDA: 23 Motion made by Planning Board Member Collins to approve the agenda as presented, Seconded by 24 Planning Board Member Lawler. The motion passed unanimously. 25 26 PUBLIC COMMENT 27 None 28 29 NEW BUSINESS 30 Draft Land Use Plan Update 32 Use Plan. 33 34 35 36 37 38 39 40 41 42 43 44 45 31 Andrea Radford from Steward, Inc. presented a PowerPoint Presentation highlighting the Draft Land What'sa comprehensive land use plan? ea way to collect and agree on a shared community vision ehelps leadership prioritize community goals guide rezonings and land development decisions ea community conversation about shared goals and values emandated by the state (condition of adopting and applying zoning regulations) CAMA PLAN TOPICS Required by State, / Coastal Resource Commission (CRC) For Coastal Communities. Land use management topics Public access (to public trust waters) Land use compatibility Planning Board Meeting August 9, 2023 Ipg. 1 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 Infrastructure carrying capacity. Natural hazards Water quality PLAN DEVELOPMENT PROCESS ENGAGEMENT BY THE NUMBERS Project survey -583 online responses Ran for one month. December 9, 2022- January 8, 2023 Two public meetings Current -Public. Adoption Hearings (incl. state review) Kickoff meeting, November 15, 2022, at Pitts center Introduction to draft plan, April 26, 2023, at Pitts center DRAFT DOCUMENT ORGANIZATION Vision-broad inspirations for the Town Goals-more specific aims that relate to topic areas identified through CAMA and public ecommenatonspoly statements used to guide staff, boards, and elected officials. Strategies and Recommendations-discrete and specific steps to achieve the Town's input. goals. DRAFT COMMUNITY VISION STATEMENT "The Town of Southern Shores is a quiet coastal community comprised primarily of low-density single-family homes interspersed with passive and active recreational facilities, maritime forests, and open space. The Town's identity isi intimately tied to its natural resources, history, and residential nature. We strive to protect Southern Shores' environment, enhance the small commercial district located on the southern edge of town, and preserve the Town's unique character by maintaining the existing community: appearance and form." DRAFT GOALS Encourage the maintenance and improvement of Existing private access facilities to public trust Waters, beaches, and shorelines, and protect those Public trust areas for public use and recreation. - Protect, enhance, and support land uses that are Compatible with surrounding, existing land uses, and are in alignment with the founder's original vision. Planning Board Meeting August 9, 2023 Ipg.2 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 Preserve the existing, low density, residential Character of this unique coastal community and maintain alignment with the founder's original vision. Effective and efficient delivery of infrastructure B Ensure that providing infrastructure services does not affect the quality and productivity of areas of environmental concern (aecs), important resources, and other fragile areas. Preserve, protect, enhance, and improve the natural environment and water quality in the ocean, sound, creeks, and canals nor'easters, and other hazards. Maintenance and services. P Protect public health and safety from the damaging effects of storm surges, wave action, flooding, high winds, and erosion associated with hurricanes, severe weather, D Ensure adequate mobility options that prioritize the needs of residents and visitors tot the town. DRAFTI INTERPRETATION OF RECOMMENDATIONS Definitions provided for interpretation purposes List of acronyms to provide clarity DRAFT FUTURE LAND USE MAP HIGHLIGHTS Maintains existing community character. - Recommends pedestrian friendly small-medium scale commercial development along US Protects existing conservation, open space, canals, and recreational space. 158. DRAFT CHARACTER AREAS Residentia-Mostly single-family homes. Recreational- Privately owned passive and active recreational facilities. Conservation/Open Space- Existing environmentally sensitive areas and openspace. Municpa/Educational-community serving facilities. Commercial- Medium-smal. scale commercial development. CAMA POLICIES AND ACTIONS Public (trust water) access Land use compatibility Infrastructure carrying capacity Natural hazards (environmental) water quality TOWN PRIORITIES ( Character Public safety & infrastructure Walkability Planning Board Meeting August 9, 2023 Ipg.3 137 138 139 140 141 142 143 144 145 146 147 148 149 152 Environment Public gathering space IMPLEMENTATION Provides timeframe to assist in accomplishing plan goals ( Outlines when action needs to bei taken by staff or boards Recommendation to town council with or without changes NEXTSTEPS Forward the plan to DCM for review A Adoption by town council C Certification of the plan 150 Following Andrea Radford's presentation, she added that staff has requested some revisions to page 151 50, 54 and 78 of the draft plan and then requested comments or questions from the Planning Board. 153 Vice Chair DiBernardo offered thei following: The community vision statement contains recreation 154 facilities, maritime forests, and open space, and he suggested canals would be appropriate to be 155 placed in there as the canals are a major item. On page 14 under existing land use, the cemetery was 156 left out. On page 16 he suggested adding Hickory, Hillcrest, and Wax Myrtle to the congested 157 roadway list. The mention of commercial was left out when addressing septic systems, and the final 158 item on page 22, the brief history is a run on sentence and should be addressed. 160 Planning Board Member Collins commented that on page 48 it references page 45 and that is a blank 163 Planning Board Member Zehner commented that the title should reflect both the Comprehensive 164 Plan and the Cama Land Use Plan and on page 61 the difference between the two should be clarified. 165 He also provided that the Planning Board provided some word. smithing points toi the Vision 168 Planning Board Member Zehner asked for the process in which the plan will go. Andrea Radford, 169 Stewart Inc. stated the process is the Planning Board makes a recommendation to Town Council to 170 adopt it, then it will go toi the Town Council, and they will recommend sending it to DCM (Division of 171 Coastal Management) for the initial staff completeness review. After revisions are made it will go 174 Planning Director Haskett stated it will come back to the Planning Board, if necessary, after review 177 Planning Board Member Collins stated what stood out to her most was the water quality and poor 178 soil. It should be a wake-up call and there is a need for more testing. She inquired if there should be 179 something added to the document, an aspiration for more testing perhaps. Andrea Radford, Stewart 180 Inc., stated there is a recommendation within the plan to look at efforts to look at water quality. 159 161 page. 162 166 Statement, and they do not seem to be incorporated into this draft. 167 172 back to the Town Council for adoption. 173 176 175 from DCM before going to council for adoption. 181 Planning Board Meeting August 9, 2023 Ipg.4 182 Planning Director Haskett stated in reference to the SSCA (Southern Shores Civic Association) doing 183 water quality testing, the plan states the Town may start a new program or assist the SSCA with their 186 Vice Chairperson DiBernardo added that a survey was conducted of what was causing some oft the 187 water pollution. People thought it was the septic system at that time but according to whoever they 188 hired to come out, they said a lot ofi it was water runoff from people's lawns. The different chemicals 191 Planning Board Member Collins asked if Southern Shores was doing any water quality testing? 192 Planning Director Haskett stated they are not at the moment, but the recommendation in the plan is 195 Planning Board Member McClendon commented that he understands this is not a scientific paper but 196 there were quite a few comments made that were just sort of general facts that should have been 199 Planning Board Member Lawler stated there was an attempt to monitor the water quality but there 202 Planning Board Member Collins asked who did the testing mentioned on page 56 and what is the 205 Planning Board Member Zehner stated the Town of Nags Head conducted water sampling that they 206 contracted out and eventually purchased the equipment and did it alli in-house. The issue is what are 207 you doing with the information once you have it. The testing mentioned in the plan was done by 208 Marine Fisheries and maybe they still doi it periodically. The Town could do its own sampling but if 211 Vice Chairperson DiBernardo stated the water quality testing is under aspirations for the plan. He 214 Vice Chairperson DiBernardo referenced his earlier comment about Town property and the addition 217 Planning Board Member Lawler referenced page 46 where it says there are no wells, it should say 218 there is no public water supply. He also suggested on page 42 towards the bottom Southern Shores 219 consists of marshes, sediment banks, miscellaneous and it should just say, sediment banks and 220 hardened shoreline. Andrea Radford, Stewart Inc., stated that the "miscellaneous "is a category in the 223 Planning Board Member Zehner suggested placing the term miscellaneous" last in the order, to help 184 program, leaving flexibility for the town. 185 189 being used and having reactions to each other were causing the problems. 190 193 to start. 194 197 cited. 198 201 203 process. 204 200 are no parameters, it needs to be quantified by a new: agreed upon system. 209 you get a bad number what are you doing with that information? 210 213 216 212 asked the board members if they had any other comments or: suggestions. 215 of the cemetery, he stated he meant to include the canals too. 221 data set. 222 225 224 itmake more sense. Planning Board Meeting August 9, 2023 Ipg. 5 226 Planning Board Member McClendon suggested on page 86 under Land Use Compatibility and 227 Community Character replacing the term founders" with community vision or the original Vision 230 Andrea Radford, Stewart Inc., asked Planning Board Member McClendon if his preference would be 231 to use the term "community vision" rather than "founders", to which Mr. McClendon agreed. Mr. 234 Planning Board Member McClendon asked that the common facts referenced in the plan be cited, 235 such as the information referenced on sea level rise. He also mentioned that the term "Maritime 236 Forest" is used but what people really care about is the tree canopy and suggested using that 237 wording. He stated it is more than a maritime forest, it is maintaining the tree canopy and its should 240 Vice Chairperson DiBernardo suggested changing the Vision Statement to say, tree canopy which 243 Andrea Radford, Stewart Inc., stated this will change some of the action items on page 103 and asked 244 the board if they would like to include tree canopy. Planning Director Haskett. stated that 10.1 on that 245 page refers to monitoring forest cover and canopy but felt including tree canopy would keep it 248 Planning Director Haskett polled the board members, as he stated there are mixed views and 249 especially from the public comments, but there are references to three other jurisdictions ini the 250 document, the Town of Manteo, Town of Nags Head septic program and Pine Knoll Shores as 251 examples of things that are being done, as they relate to what's being referenced in the document. 252 He asked ift the members had any objections to those references and the way they're shown ini the 228 Statement should be referenced. 229 232 McClendon stated what really counts is what our vision is today. 233 238 bei in the Vision Statement. 239 242 241 includes the maritime forest, or something similar. 246 consistent. 247 253 document or did they agree with using them. 254 256 258 261 263 255 Planning Board Member Zehner stated best practice examples are always good. 257 Vice Chairperson DiBernardo felti it solidifies things and provided examples. 259 Planning Board Member McClendon asked if referencing another town's ordinance was controversial, 262 Hearing noi further comment, Andrea Radford with Stewart Inc.'s presentation was complete. 264 Vice Chairperson DiBernardo asked Planning Director Haskett the best way to expedite the plan. Mr. 265 Haskett stated the changes could be made and the plan brought back again for review by the 266 Planning Board ora a recommendation for approval with the changes could be made toi the Council. 268 Planning Board Member Zehner felt that the completeness review could be lengthy and 269 recommended forwarding it to Council with the changes noted. He stated that way any additional 270 changes the Council makes will be forwarded to DCM and then it comes back to the Planning Board 271 after DCM reviews it. The Planning Board then can review it to make sure they captured everything. 260 Planning Director Haskett felt it was not. 267 Planning Board Meeting August 9, 2023 Ipg. 6 272 MOTION: Vice Chairperson DiBernardo moved to approve the Land Use Plan with changes noted 273 tonight that the Board has made, the corrections and changes, and be forwarded to Town Council, 274 Seconded by Planning Board Member Zehner. The motion passed 4-1 with Planning Board Member 275 Lawler casting the sole opposing vote. 276 277 PUBLIC COMMENT 278 None 279 280 PLANNING BOARD MEMBER COMMENTS 281 Vice Chairperson DiBernardo announced that he looks forward to getting Chairperson Ward back 282 soon. 283 284 ANNOUNCEMENTS 287 rules of procedure. 288 289 ADJOURN 285 Planning Director Wes Haskett stated the next meeting will be August 21st and the agenda most likely 286 will include special use permit 23-01 submitted by Ginguite LLC, lot width ZTA, and changes toi the 290 Hearing no further business, motion made by Vice Chairperson DiBernardo to adjourn, Seconded by 291 Planning Board Member Collins. Motion passed unanimously. The time was 5:58P.M. 292 293 294 295 ATTEST: SOUTHE Respectfullys submitted, 296 94 0BiBunak 297 Tony DiBernardo, Vice Chairperson - Pa Kahe, Towh Clerk SEAL NC Planning Board Meeting August 9, 2023 Ipg. 7