SOUTHER  TOWN OFSOUTHERN SHORES  PLANNING BOARD REGULAR MEETING 5375 N. Virginia Dare Trail, Southern Shores, NC 27949 Phone 252-261-2394/Faxi 252-255-0876 wwsoulemahoresnegow PITTS CENTER Monday, May 20, 2024 at 5:00 PM MINUTES  CAROLINA  1 Call Meeting to Order 2 Pledge of Allegiance 3 4 Present 5 Chairperson Ward 6 Vice Chairperson Tony DiBernardo 7 Planning Board Member Lawler 9 Planning Board Member Collins 10 Planning Board Member Zehner (alternate #1) 12 Approval of Agenda  8 Planning Board Member McClendon (arrived 5:05 p.m. non-voting member for 5/20/24mtg.)  11  13 Motion made by Vice Chairperson DiBernardo to approve the agenda as presented, Seconded by  14 Chairperson' Ward. The motion passed unanimously. (5-0). 16 Approval of Minutes - March 18, 2024 18 DiBernardo. The motion passed unanimously (5-0).  15  17 Motion made by Chairperson Ward to approve the minutes as corrected, Seconded by Vice Chairperson  19 20 Public Comment 21 None 22 23 Old Business 24 ZTA-24-03 27 28 29 30 31 32  25 The Planning Board considered: ZTA-24-03 at the April 15, 2024 Planning Board meeting and  26 provided feedback to Town Staff.  Shade trees in the parking area are to be 61 fti in three years, types to be for coastal area.  Sketch plan review, replace wording "may" to' "shall". Subtle, neutral and earth tone colors. Architectural elements with a coastal design are encouraged.  33 Town Staff has revised ZTA-24-03 based on the feedback provided which includes revisions to 34 proposed Sections 36-163(4)f., 36-179(a), 36-179(b)(1), 36-179(b)(8), and removal of proposed 35 Section 36-179(b)(9). Town Staff has also put together a table showing the building area and 36 finished area to land area ratios ofe existing commercial buildings for the Board to discuss and  37 consider: 38  Southern Shores Planning Board-May 20, 2024/pg. 1    39  Building Area/Finished. Area to Land Area Ratios  Location Taco Bell S.S.Crossing 24,676.00 TowneBank Marketplace 159,873.00  Building Area Finished Area Land Area BAF Ratio FARatio  2,367.00 7,759.00  1,088.00 25,222.00 9,594.00  18,260.00 0.13 211,759.00 0.12 69,701.00 0.11  0.06 0.12 0.14 0.20  158,814.00 788,746.00 0.20  40 41  42 The Building Area is the footprint ofal building or buildings, and the Finished Area is the 43 heated/living space in a building or buildings. The BA Ratio is the Building Area divided by the Land 46 Planning Board Member Lawler asked why the parking spaces were six inches narrower. Planning 47 Director Haskett stated that was a 160D requirement put in by the legislature that municipalities 48 cannot have parking spaces any greater than 181 feet in length and width of 91 feet. 50 Vice Chairperson DiBernardo asked ift that regulation required the parking spaces to be angled or 51 straight. Planning Director Haskett stated he was not aware of this specification. 53 Planning Board Member Collins recommended the: shade tree be at least six feet when planted and 54 not within three years because no one willi follow upi in three years to check on the growth. 56 Planning Board Member Zehner stated hel has seen it worded as a species that would reach the 59 Chairperson Ward reviewed sections oft the text amendment outside of any 160D requirements. He 60 circled back to the size and: species of trees reaching growth of six feet in three years. 62 Planning Board Member McClendon felt that the applicant was being given an opportunityto 63 reduce parking, by choice therefore, asking to plant a tree 6ft ins size was not over demanding and it 66 Vice Chairperson DiBernardo asked if the board was concerned with the size of the island the trees 67 would be planted on. Chairperson Ward felt that should be left up to the developer to figure out. 69 Planning Board Member McClendon asked about drainage from curbing, lowi impact development 72 Chairperson Ward was concerned with getting too specific about the requirements. Planning Board 75 Planning Board Member McClendon felt it would be helpful to the developer to know these items 76 ahead of time. He suggested not getting specific but encouraging low impact development  44 Area, and the FA Ratio is the Finished Area divided by the Land Area.  45  49 52 55 58 61  57 height of six feet within three years.  64 would look better proportionally to the building.  65 68 70 ideas. 71 74  73 Member Collins stated it could be addressed during site plan review.  77 techniques for managing storm water using vegetation.  78  79 Planning Board Member Zehner recommended placing that under the sketch plan review standards.  Southern Shores Planning Board-May 20, 2024lpg. 2    80 82 intent. 83  81 Chairperson Ward stated although it doesn'tsay' "shall" by at least stating encourage it shows our 84 Planning Board Member McClendon didn't disagree with the placement but with such al little 85 commercial areai if the intent is low impact development, it should be stated and reviewed to meet 88 Planning Board Member Zehner asked if storm water management is covered elsewhere in the 89 code. Planning Director Haskett stated it is covered under General Provisions Lot Disturbance and  86 our standards. 87  90 Stormwater Management.  91 93  92 Planning Board Member Zehner stated that may be something to revisit.  94 Chairperson Ward stated the consensus of the board is to strike Item Ft tree terminology and 95 replace it with "shall be a minimum ofs six feet in height at installment. Planning Director Haskett 98 Part II-Section 36-57 Definitions. Chairperson' Ward stated that substantial improvement would be 99 an additional definition. Planning Director Haskett stated that term comes from the flood damage 102 Part l-Section 36-179. Chairperson Ward stated the currently reserved section is where the 105 Planning Board Member Collins felt the language on the: sketch plan review stated what the board 106 agreed on. Chairperson Ward felt this would circumvent a lot of angst going into site plan review if 109 Planning Board Member Zehner stated it helps with the reluctance of the applicant to go back to  96 suggested, "shall be a minimum of six feet when planted".  97  100 prevention ordinance which comes from FEMA language.  101 104  103 commercial designs standards would go.  107 the town required a sketch plan review.  108 111 113 115  110 their designer and pay the cost of having to redo engineered plans. 112 The board had nothing more to add under the sketch plan review section. 114 Section 36-179(b). Chairperson Ward reviewed the section.  116 When reviewing item (6) awnings, Planning Board Member Lawler inquired what would happen if 117 the store front hung signage that was below eight feet. The board agreed to add language that all 120 Planning Board Member Zehner inquired if this was applicable to awnings or any projection. 123 Planning Board Member. Zehner stated he would normally see this in an urban environment, and he did 126 Consensus of the board to change the wording to "shall extend out from thel building no more than the  118 signage must comply with the eight-foot requirement.  119 122 125  121 Planning Director Haskett stated this would apply to just awnings. 124 not have an issue with the awning extending out 100% over the sidewalk.  127 width of the sidewalk".  Southern Shores Planning Board-May 20, 2024lpg.3 3    128  129 McClendon stated that an awning or overhead covering was a better experience for the pedestrian 130 shopper and perhaps it should be encouraged. Chairperson Ward asked the board if they would like to 133 Planning Board Member Zehner stated he did not see the concern it was trying to address, and this 134 could be brought up during the sketch plan review; further stating, as it is written we are not mandating  131 encourage or require it.  132 135 them. 136 138  137 Chairperson' Ward stated the purpose is to keep pedestrians dry.  139 Planning Board Member Zehner suggested the wording to be, "any awnings or building projections 140 overhanging as sidewalk or pedestrian walkway shall not be less than eight feet above that". Chairperson 143 Planning Board Member Collins recommended leaving the wording in Section 36-179(b)(6) as written, 144 except for striking out the wording 2/31d on line 11, the board agreed and to include the wording "any 147 Planning Board Zehner wanted to make sure that paint colors were not applicable to signage. Planning 148 Board Member McClendon suggested adding wording "exterior building" to Sec. 36-179(b)(1). The board 151 Vice Chairperson DiBernardo asked if waste receptacles should be included under (2) the screening of 152 mechanical equipment. Planning Director Haskett stated that is already a requirement under another  141 Ward added, "no part of the awning".  142  145 building projections".  146  149 agreed by consensus.  150  153 section of the ordinance.  154 156  155 Vice Chairperson DiBernardo felt it would not hurt to be redundant by including it.  157 Chairperson Ward recommended that the screening materials should match the building. He suggested 158 the wording, "that the mechanical equipment located at ground level shall be screened and shall not be 159 visible from any right ofv way and: shall be constructed of wood or match the materials and/or color 160 scheme of the building. Fences shall be constructed of wood or match the materials from the building". 162 The board agreed to Chairperson Ward's suggested wording fori item (2) but strike "at ground level", as 165 Planning Director Haskett asked the board if they wanted to add an item (9) that states low impact 166 development techniques for storm water mitigation or storm water impacts are encouraged, or 169 Chairperson Ward reviewed ratios, which would become item (10) and whether the board wanted to  161 164  163 all mechanical equipment should be screened.  167 something similar. The board agreed.  168  170 pursue ai ratio to keep thev volume of the buildings in check.  Southern Shores Planning Board-May 20, 2024lpg. 4    Einished acea 13 land area Cotio 2000cofP parcel 20,0c0f47 (Asished) unit  2opof (finishel) Jeit  *Fnished orea Cotio = the Ahished acea Gstai) divided by the landarea (nett bsildable)  Talfaishee  Rohio -20 .4-0 60 .25 -30 .35 .45 .50 .55 .60  Floor,bohJmiks 40,000 A2 2flebahaas e0,000 A2 3 flefs,bathynits 12.0,0004 Ohher scenarios vsing Cobinations "9000 P2 of dipring number 90,c0o 42 Floors in ench Jnit Noo,coo p  * 50,c00 Pr2 60,000 42 no, 000 42 12.0,000   171 172  173 Planning Board Member Zehner stated the ratios are a means to tryt to quantify what we can visualize. 174 From a design standpoint and setting a maximum acceptable limit, he was comfortable with .30. He was 175 concerned with unintended consequences and whether it would truly bring about the town's design 176 goals and objectives. Southern! Shores does not have al lot of commercial: areas, buti iti is on the road 177 frontage and very impactfuli int terms ofi it ist the visual frontage to ourt town. He further stated he was 178 fine with setting a floor area ratio, but he thought it was an iterative process. He stated there could be a 179 planning process with the right practitioners involved, but he also wanted to make sure that it would not 180 handicap the development or redevelopment of property from at financial standpoint. That standards are 183 Vice Chairperson DiBernardo stated the towns that have adopted this, use the. .30 as their standard. 185 Chairperson Ward: stated although this is for commercial, the residential maximum square footage is 186 6000 sq. feet and at typical lot is 20,000: square feet, which equates to the ratio. .30. 188 Planning Board Member Collins stated affordable housing and the ability to develop the commercial area 189 with perhaps units on an upper floor forl housing needs to be considered. The ratio use could work well 190 but needs to be done properly and not prohibit the possibility of future affordable housing.  181 reasonable and realistic.  182 184 187  191  Southern Shores Planning Board-May 20, 2024lpg.5    192 Planning Board Member Zehner suggested this should be considered ai first pass, it will need to be 195 Chairperson Ward was unsure ifa affordable housing was int the purview of the planning Board and 196 focused on that there are no design standards in place for the commercial district and there are still 197 several plots of land that could be developed with stacked housing, a potential increase in density. 199 Planning Board Member Collins felt different, in the fact that the planning board: should be proactive 200 when addressing affordable housing and offer incentives tot these commercial properties in developing 201 them to the standards that are being considered now. As study is needed to find the proper aesthetic look 202 and proper location and givei incentives tot the developers to develop the land accordingly. 204 Planning Board Member Zehner didn't disagree with Ms. Collins but stated what needs to happen is put 207 Chairperson Ward stated someone could come in and develop something that is three times the ratio of 208 the marketplace, and our obligation is to prevent something huge that has al lot more floor density ratio 211 Planning Board Member McClendon stated his biggest issue with the last project brought to them was 212 the continuous long chunk, the building was not broken upa and didn't allow light, air, or views. He was 213 not bothered as much about the: stacking, it was the lack of gaps and just al bulky building; it needed 216 Chairperson Ward: stated the floora area ration would tend to make buildings that have different uses 219 Planning Board Member McClendon stated ify you limit the commercial area to. 40, the developer is not 222 Planning Board Member Zehner: suggested adding as standard that says sites with multiple business 223 tenants and or occupants are encouraged to utilize multiple buildings of varying heights and design 226 Chairperson Ward: stated the volume that the board is trying to regulate on a piece of property needs to 227 be thought about and presented. Lot coverage doesn't mean anything when you can: stack multiple 230 Planning Board Member McClendon stated parking requirements would help dictate the volume. 232 Chairperson Ward stated having a ratio the board can agree on would force some diversityi in the 235 Planning Board Member McClendon stated Mr. Zehner's additional standard "sites with multiple 236 business tenants and or occupants are encouraged to utilize multiple buildings of varying heights and 237 design rather than a singular building" along with thet floor area ratio makes sense, notj just the floor 238 area ratio alone. He didn'tfeel that the desired results could be accomplished just with the ratio.  193 evaluated and not preclude anything.  194  198  203 206  205 something in place and then continue the discussion.  209 than what we would like.  210  214 breezeways, balconies, spaces in between.  215 218 221  217 have different stories, which would addi interest architecturally. 220 going to make multiple buildings, it willl be one large building.  224 rather than a singular building. Planning Board Member McClendon agreed.  225  228 floors. 229 231 233 building use. 234  239  Southern Shores Planning Board-May 20, 2024lpg. 6    240 Chairperson Ward felt some type of agreement on1 floor area ration could be decided just with the 241 marketplace. as the prime example. He felt the town needed to protect itself from a developer bringing  242 something close to. .60.  243 245 247 .30or. .35. 248 251  244 Planning Board Member Collins proposed .35.  246 Vice Chairperson DiBernardo stated a number should be considered to be proactive, he was okay with 249 Planning Board Member Collins asked what ifac developer proposed a plan that was: slightly over the 252 Planning Board Member Zehner stated it is well supported, and there is rational for the number but 253 again suggested" there be al larger effort tot fine tune this for ay variety of reasons and to look at CO- 254 benefits from all of this. Not just the design and aesthetic goals and protecting the town's character and 255 vision but addressing other issues such as mobility and traffic and ensuring that we are deriving as much 256 tax revenue as we realistically can from a commercial development in town. Also, we can address 259 Chairperson Ward: stated certainly over time yes, but ini the short run this is our obligation to the people 262 Planning Board Member Zehner stated he was okay going forward in the short term but his request that 265 Planning Director Haskett confirmed what he was hearing from the board; to create a new: standard 266 number (10): sites with multiple business tenants and or occupants are encouraged to utilize multiple 267 buildings of varying heights and design rather than a singular building, along with the floor area ratio of 270 Chairperson Ward requested it be called finished area, as floor area is just at term and include the land 273 Planning Director Haskett confirmed three definitions would be added; land area, finished area, and 274 finished area ratio and use net acreage as currently defined in section 36-57. The standard will read 275 "sites with multiple business tenants and or occupants are encouraged to utilize multiple buildings of 278 Planning Board Member McClendon would prefer the standard to use shall rather than encourage. 281 Planning Director Haskett stated hev would suggest using' 'encourage" for the moment and let staff look  250 ratio. Planning Board Member Zehner: stated they could request a variance.  257 potential housing opportunities in those areas. 260 we: serve to protect ourselves from going to. .60.  258 261 264  263 it just not stop there.  268 .35 and then floor area ration would be added to the definitions.  269 272  271 area definition as it pertains to net acreage.  276 varying heights and design rather than a singular building".  277 280 283 285 287  279 Chairperson Ward stated "shall" could pertain to new development only.  282 into ita al bit further.  284 Planning Board Member Zehner was concerned with unintended consequences.  286 Chairperson Ward was concerned that the last three standards only have encouraged and no shall.  Southern Shores Planning Board-May 20, 2024/pg.7    288 Planning Director Haskett stated it was recommended to staff to also add a standard, "architectural 289 features that resemble animals or objects including but not limited to lighthouses, castles, pirate ships 292 Planning Board Member Collins asked how much enforcement the board has ifa sketch plan is submitted 293 and if there is something on it that the board doesn't like or agree with. Planning Director Haskett stated 294 if the ordinance says encouraged, then you can encourage it, buty you cannot denyi it. 296 Planning Board Member Zehner stated that the standard is welli intentioned but administratively it could 299 Chairperson Ward and' Vice Chairperson DiBernardo agreed the standard should be included. 301 Planning Board Member Zehner recommended using the term building elements rather than 304 Planning Director Haskett stated the building elements will become standard number 11, low impact 305 development and storm water management is part of number 9, number 10 is finished area which 308 Planning Board Member Zehner moved to recommend approval with the changes stated, as well as the 309 change to the tree height and the added suggestion this is a first pass and encouraged town councilto 310 consider some larger study evaluation of our commercial properties in corridor, Seconded by Planning 311 Board Member Collins. The motion passed 3-2; opposed by Chairperson Ward and' Vice Chairperson 314 Planning Board Member. Zehner stated this is a request for council, it is not binding.  290 are prohibited". 291  295 298 300 303  297 be difficult, everything is an object, and it may bet tool broad.  302 architectural features. Thel board agreed.  306 includes the multiple sitel language.  307  312 DiBernardo. 313 315 316 317 318 319 New Business 320 Affordable Housing  Chairperson Ward called for a 5-minute recess -6:57pm The board reconvened at7:01pm  321 Planning Board Member Zehner addressed the board, stating that the county is holding housing task 322 force meetings.. Affordable housing is considered housing that is no more than 30% ofa household's 323 income. The county has al lack of housing which is affordable, and our town should help meet its' own 324 needs. The difficulty of getting responsiveness or an appointment fors services is directly related to the 325 housing issues. There are multiple ways to approach the problem, not just one being the sole solution. 326 There are some things Southern Shores can dot to perhaps make some incremental: strides for that 327 housing need in the town, there are things that can be done to ensure ar multi-generational town that 328 people can downsize within the town with reasonable degree. You need to start with everyone agreeing 329 what the problem is, and doing that in a quantitative way, and have some education: sessions as the 330 town to talk about how the problem manifests itself. Get people to air their concerns and provide 331 knowledge and expertise to help address some of the maybe misconceptions and miseducation about 332 what affordable housing is but go through that process and evaluate what the strategies are that work 333 for the town. There are opportunities for redevelopment int town and to gain some units in properties 334 where maybe they're not developed to the degree that they could be developed. You don't want them 335 to be overdeveloped outside of the character with what our vision is for the town, but going through a 336 process to establish what the town's vision is with respect to housing; finding goals or finding strategies 337 and actions that we can take to address that need. He appreciated. allt the work of the mayor and the  Southern Shores Planning Board-May 20, 2024/pg. 8    338 mayor pro tem on the task force but was uncertain that anything that comes from the housing task force 339 will dictate what thet town does. Het thinks thet town should be proactive and take some leadership. 340 Planning Board Member Collins agreed that the town should be proactive, and they need to address 341 what Southern! Shores wants to look likei in 20 years, ultimately remaining a residential community. The 342 question becomes how you remain ar residential community, address affordable housing, and keep the 343 simplistic look residents came here for. Southern Shores needs affordable housing, and we need to figure 346 Chairperson Ward questioned whether it was best approach on a planning board level or council. 349 Planning Board Member Zehner stated iti is just not a planning board initiative, or a council initiative, it 350 needs to be at town initiative collectively. A plan to explore the problem and explore the solutions needs 353 Chairperson Ward: stated the wheels turn slow, what are our options right here in Southern Shores. 356 Chairperson Ward mentioned the last affordable housing option brought before the board was Pledger 357 Palace and they wanted tol house. J1 students. He asked ift the town should have pulled back and relaxed 360 Planning Board Member Zehner stated let's not create al hypothetical when there doesn't need to be 361 one. The proposal Pleasure Palace brought forward was dormitory based housing for J1 employees, just 362 because our focus is on affordable housing doesn't mean that we shouldn't explore other opportunities. 363 Ita also needs to be about affordable and decent housing. All opportunities and alls solutions should be on 364 the table and open for discussion to find out what's reasonable and what'sv workable. 366 Planning Board Member McClendon and Chairperson Ward both brought up the aspect of accessory 367 dwellings and that some covenants dor not allow for them, such as the Chicahauk areal in Southern 370 Chairperson Ward also mentioned that 90% of ADU's here in Dare County are not necessarily used for 371 low-income housing, or housing family members but rather they are there to make money. How doy you 372 tell that person that you can only use the ADU for! long term rental and not as short-term rental. It  344 out how toi incorporate it.  345 348  347 Planning Board Member Collins felt all the mayors needed to be behind it.  351 to be created and doi iti in a way where it is supported by professionals.  352 355  354 Planning Board Zehner stated it needs to be explored.  358 itss standards to accommodate this.  359  365  368 Shores. 369  373 becomes a property rights issue.  374 376 379 382  375 Planning Board Member Zehner stated we regulate property rights allt the time. 378 ADU's, but he would expect that to change within the next year or two. 381 ADU should look like, rather than having them at the street.  377 Planning Board Member McClendon stated property rights are being prohibited now by not allowing 380 Chairperson Ward stated there is some room to operate as at town to manage aesthetically what the 383 Planning Board Member Zehner understood the ADU point and felt it had only exacerbated the 384 affordable housing issue in our market and there is a well-reasoned to restrict them. He revisited his 385 original comments bys stating the conversation is about the viability of any solution, it was intended 386 mainly to say we have a problem and we as a town: should be proactive in terms of addressing it and  387 through that process come up with solutions that work for Southern: Shores.  Southern Shores Planning Board-May 20, 2024/pg. 9    388  389 Planning Board Member McClendon asked Mr. Zehner if he thought it was possible for the town to allow 390 ADU'sb but to regulate them to only long-term rentals. Planning Board Member Zehner did not think that 391 was possible. Hes stated there is more ofa a possibility of allowing ADU's but regulating short term rentals. 393 Chairperson Ward: stated we will have to accept what the legislation does, but we can regulate how the 396 Planning Board Member Zehner stated as long as we are doingi it to make it palatable, but not 399 Chairperson' Ward: stated we need to maintain what we have and tryt the best we can to be good 400 stewards to a situation we will nevers solve. He: suggested Planning Board Member Zehner advocating 403 Chairperson' Ward moved that the Planning Board give unanimous consent for Planning Board Member 404 Zehner to make as small presentation to the town council at an upcoming meeting in either. June or July, 405 requesting a study committee for affordable housing in Southern Shores, Seconded by Planning Board 408 Planning Board Member McClendon requested that Bitcoin money /Bitcoin Mining be added to the list 409 of prohibited uses in the commercial district of Southern Shores. By consensus, the Planning Board 410 requested. staff to add bitcoin mining to prohibited uses and bring forth the ZTA for consideration.  392 395 397 impossible. 398  394 accessory dwelling unit is placed on the lot.  401 and addressing this conversation with the Town Council.  402  406 Member Collins. The motion passed unanimously.  407  411 412 Public Comment 413 none 414  415 Planning Board Member Comments  416 Vice Chairperson DiBernardo stated he recently attended a meeting about the Mid Currituck bridge, and 417 they mentioned that it would increase the opportunity for service people. The bridge timeline is now 420 Chairperson' Ward inquired about the lot width ZTA. Planning Director Haskett stated it was tabled at the  418 five years. 419 422  421 last council meeting. 423 Announcements  424 Planning Director Haskett announced the next meeting willl be. June 17, 2024, and agenda items may  425 consist of some modernizing amendments, and the bitcoin ZTA.  426 427 Adjourn  428 Motion to adjourn by Vice Chairperson DiBernardo, Seconded by Planning Board Member Lawler. The  429 time was 7:48 p.m. The motion passed unanimAHAMSr0).  430 ATTEST: 431 432 433  SOUTHER SEAL)  Respetfulysubmittes, hPe  QeHL AndyWard, Chairperson    Sheila  NC B121s  Southern Shores Planning Board-May: 20, 2024/pg. 10