BOARD OF ADJUSTMENT REGULAR MEETING February 26, 2025 1 of10 1 MEMBERS PRESENT: David Bullock, Chair; Teresa Kaufman, Vice Chair; Karla 2 Liner; Zoraida Terry; Jackalee Palmer 3 4 MEMBERS SEATED: David Bullock, Chair; Teresa Kaufman, Vice Chair; Karla 5 Liner; Jackalee Palmer; Zoraida Terry 6 7 EXCUSED: Tom McCarthy; George Corbin; Kristen Lewis 8 9 STAFF PRESENT: Katrina Marshall, AICP, Planning Director; Sue Steinhauser, 10 Plamer/Zoning Code Enforcement Officer; 11 Sandra Gahlinger, Clerk to the Board 12 13 ALSO PRESENT: James Simmons, PLS, Agent for Grevelding Property 14 Holdings, Inc; Timothy Grevelding, Owner Grevelding 15 Property Holdings, Inc; Scott Phillips, Checked Out Car 16 Care; Will Dailey, Project Engineer, Civil Consultants 17 18 19 A. CALL TO ORDER 20 Chairman Bullock called the February 26, 2025, City ofHavelock Board of Adjustment Meeting to 21 order at 5:50 p.m. 22 23 B. APPROVAL OF MINUTES 24 The Chair entertained a motion to dispense with the reading of the October 30, 2024, minutes. Ms. 25 Liner made the motion. The motion was seconded by Ms. Terry. The motion carried unanimously 26 (5-0). 27 28 After reviewing the October 30, 2024, minutes, Ms. Kaufman moved to approve the minutes as 29 presented. Ms. Liner seconded. The motion carried unanimously (5-0). 30 31 C. OLD BUSINESS NONE 32 33 D. NEW BUSINESS 34 35 AGENDA ITEM D-1 SPECIAL USE PERMIT, AUTOMOBILE REPAIR 36 SERVICES (SLUCM# 6410) 37 APPLICANT: CIVIL CONSULTANTS, INC. 38 AGENT: WILL DAILEY 39 ADDRESS: 370 US HWY 70 WEST 40 TAX PARCEL ID: 6-216-031 41 42 The Chair entertained a motion to go into public hearing. Ms. Kaufman made that motion. Ms. Liner 43 seconded. The vote was unanimous (5-0). BOARD OF ADJUSTMENT REGULAR MEETING February 26, 2025 2of10 44 45 The Chair called for the following disclosures: ex parte communication, any conversations or other 46 communications to disclose, any objections from the board to any party or any other member's 47 participation in the hearing oft the case. All members responded in the negative. 48 49 Chairman Bullock then called for all those who had business with agenda item D-1 to step forward 50 for swearing in. Sworn in were: Ms. Marshall, Ms. Steinhauser, Mr. Simmons, and Mr. Dailey. 51 52 Ms. Steinhauser introduced Mr. Dailey to present the case for Civil Consultants, Inc. who is 53 requesting to construct a new automobile repair service facility on Tax Parcel ID # 6-216-031. 54 55 Mr. Dailey of Civil Consultants presented their request to construct a new Express Oil facility, a 56 roughly 5,600 square foot automobile repair facility at 370 US 70 Hwy West. The site is located in 57 Highway Commercial zoning, and a special use permit is required for automobile repair services. 58 There will be six maintenance bays and three quick 15-minute oil change bays. He said they 59 anticipate around 47 customers a week, with peak hours on Saturdays around 11 am. The business 60 hours will be Monday to Friday 8 am to 6 pm, Saturdays 8 am to 5 pm, closed on Sundays. 61 62 For oil containment there will be a "contain and relocate" process with storage tanks within the 63 facility. Used oil is collected weekly by a vendor for recycling, refining, and reuse. For emergency 64 containment there are oil pans within the bays and would be cleaned up by solvent materials. 65 66 New tires will be stored within the main building, and used tires will be in a remote dumpster 67 enclosure towards the rear oft the property, fully screened. The lighting will be downward facing, 68 and landscaping will provide screening between the facility and residential properties on 69 Devonshire Drive. 70 71 Ms. Steinhauser presented the case for the City and entered the packet into evidence. 72 73 The Planning Department staff received the Special Use Permit (SUP) Application on February 3, 74 2025 (Exhibit A). The applicant is Nicholas Ostrye of Civil Consultants, Inc., engineer for the 75 project. The parcel address for Tax Parcel #6-216-031 is 314 US Highway 70 West. There is also 76 a Subdivision Application under reviewt to cut out the 0.85 acre lot shown on the proposed site plan. 77 The address for the new parcel and building will be 370 US Highway 70 West. Parcel 6-216-031 is 78 owned by Jackson Estate Properties, LLC. An aerial view of the site and surrounding area is 79 attached as Exhibit B-1. 80 81 The property is zoned HC (Highway Commercial) (Exhibit B-2). The properties to the north, south 82 and west are also zoned HC. The properties to the east are zoned R-10 (Single-family residential). 83 Once the new parcel is created the property to the east will also be HC. The City of Havelock 84 Unified Development Ordinance (UDO) Table 155-8 requires a Special Use Permit for Automobile 85 Repair Services. Section 155.0709(D) of the City's UDO sets forth development standards for 86 SLUCM 6410, Automobile Repair Services, which the business will be required to comply with. 87 (Exhibit C). Aj proposed site plan is provided as Exhibit D. 88 89 The reduced side setback on the southern property line is permitted under Table 155-9 Table of BOARD OF ADJUSTMENT REGULAR MEETING February 26, 2025 3 of10 90 Density and Dimensional Requirements, Footnotes/notes: (c). (Exhibit E). A Floor Plan is provided 91 as Exhibit F. Building Elevations are provided as Exhibit G. On February 11, 2025, the SUP 92 application was reviewed at the Technical Review Committee (TRC) meeting. Mr. Will Dailey, PE 93 represented Civil Consultants, Inc. at that meeting. The notes from the TRC meeting are attached 94 as Exhibit H. As required, the Notice of Public Hearing was published in the Sun Journal on 95 Thursday, February 13, 2025 and a copy ofthe Public Notice was mailed to the property owner, all 96 adjacent property owners and MCAS Cherry Point. The Certification of Mailing is included as 97 Exhibit I. A Public Notice was posted on the site. 98 99 Civil Consultants is the engineering firm for Express Oil Change who will operate the auto repair 100 service. 101 102 The Subdivision Preliminary Plat was approved by the Board of Commissioners on January 27, 103 2025. The Subdivision Final Plat was reviewed by the TRC on February 11, 2025. If the SUP is 104 approved, Final Plat approval will move forward as will the change of ownership. The applicant 105 has indicated that they will pay the fee-in-lieu of sidewalk, which will need to be paid before the 106 plat approval. Once approved, the plat can be recorded and development can proceed. 107 108 The applicant indicated during the TRC meeting that an oil containment process will be in place. 109 110 Landscaping will be required on all sides of the property. 111 112 Signage will require a permit. 113 114 Parking is conditional with approval of the SUP. Staff believes the parking shown on the proposed 115 site plan will be adequate. 116 117 As of the date of this assessment, staff has received one email comment regarding this application. 118 The email is from Rhonda P. Murray, Director, Community Plans & Liaison Office, MCAS Cherry 119 Point: 120 Automobile repair services at 370 US Hwy 70 West SUP 121 a. Property is currently located within 60-65 Ldn noise contour. 122 b. Property is not within a noise contour per the draft Noise Study prepared for MCAS CP 123 AICUZ update. 124 C. Proposed use is compatible with existing and proposed AICUZ 125 126 Approval of a Special Use Permit must be in conformity with the City's Land Use Plan (LUP). 127 Automobile repair service is consistent with the land use classification ofthe parcel which is Center 128 City Mixed Use. 129 130 Chairman Bullock asked if the Board had any questions for the City. They did not. 131 132 Chairman Bullock asked if the Board had any questions for the applicant. There were none. 133 134 Chairman Bullock asked if anyone in the audience wanted to speak. There were none. BOARD OF ADJUSTMENT REGULAR MEETING February 26, 2025 4 of10 135 136 Chairman Bullock entertained a motion to come out of public hearing. Ms. Terry made the motion. 137 Ms. Liner seconded. The vote was unanimous (5-0). 138 139 The Chair asked if all members had visited the site. All responded that they had. 140 141 The Chair then read the findings: 142 1) Will not endanger the public health or safety; 143 2) Will not adversely impact the value ofadjoining or abutting property; 144 3) Will be in harmony with the area in which it is located; 145 4) Will not be affected adversely by the existing uses; 146 5) Will not constitute a nuisance or hazard because ofthe number of persons who will attend 147 or use the facility, vehicular movement, noise orfume generation, type ofphysical activity; 148 6) Will meet all minimum UDO regulations and standards ofthe zoning district in which it 149 will be located; and, 150 7) Will be in conformity with the land use plan, thoroughfare plan, or other plan officially 151 adopted by the Board ofCommissioners. 152 153 All Board members responded in the affirmative to each finding. 154 155 The Chair entertained a motion to approve the Special Use Permit Application for automobile 156 repair services (SLUCM #6410) at 314 US 70 West (will be 370 US Hwy 70 West) based on the 157 application following the findings found to be in the affirmative. 158 159 Ms. Liner made the motion. Ms. Kaufman seconded. The vote was unanimous (5-0). 160 161 AGENDA ITEM D-2 SPECIAL USE PERMIT, MOTOR VEHICLE AND 162 MOTORCYCLE SALES (SLUCM# 5511); 163 AUTOMOBILE REPAIR SERVICES (SLUCM# 6410; 164 AND, EQUIPMENT RENTAL AND LEASING (WITH 165 OUTSIDE STORAGE) (SLUCM# 6394) 166 APPLICANT: GREVELDING PROPERTY 167 HOLDINGS, INC. 168 AGENT: JAMES SIMMONS, JR. PLS 169 ADDRESS: 317-319 US HWY 70 WEST 170 TAX PARCEL ID: 6-041-007 & 6-041-006 171 172 The Chair entertained a motion to go into public hearing. Ms. Terry made that motion. Ms. Palmer 173 seconded. The vote was unanimous (5-0). 174 175 The Chair called for the following disclosures: ex parte communication, any conversations or other 176 communications to disclose, any objections from the board to any party or any other member's 177 participation in the hearing ofthe case. All members responded in the negative. BOARD OF ADJUSTMENT REGULAR MEETING February 26, 2025 5of10 178 179 Chairman Bullock then called for all those who had business with agenda item D-2 to step forward 180 for swearing in. Sworn in were: Ms. Marshall, Ms. Steinhauser, Mr. Simmons, Mr. Grevelding, Mr. 181 Phillips, and Commissioner Walsh. 182 183 Ms. Marshall introduced the packet into evidence and presented the case for the City explaining 184 that Grevelding Property Holdings, Inc. was requesting motor vehicle and motorcycle sales 185 (SLUCM# 5511); automobile repair services (SLUCM# 6410); and, equipment rental and leasing 186 (with outside storage) (SLUCM# 6394). 187 188 She noted that this case was taken to the Technical Review Committee (TRC) and the notes were in 189 the packet. 190 191 Ms. Marshall reviewed each slide. She stated that staffhad received the building floor plan after the 192 packets were distributed and entered a copy oft the floor plan into evidence. 193 194 She explained that Grevelding Property Holdings, Inc. is requesting to expand the existing auto 195 sales SUP on Tax Parcel ID # 6-041-007 (Lot 24) onto Tax Parcel ID# 6-041-006 (Lot 25). The 196 request also includes adding Automobile repair services and Equipment rental and leasing (with 197 outside storage) on both parcels 198 199 The Planning Department staff received the Special Use Permit (SUP) Application on February 4, 200 2025 (Exhibit A). The parcel address for Tax Parcel #6-041-007 is 317 US Highway 70 West. Itis 201 formerly the site ofBoone's' Truck Center. Tax Parcel #6-041-006 does not have an assigned address 202 since there is no building on the site, however, it is being referred to as 319. 203 204 An aerial view of the site and surrounding area is attached as Exhibit B-1. The property is zoned 205 HC (Highway Commercial) (Exhibit B-2). The properties to the north, south and east are also zoned 206 HC. The properties to the west are zoned R-20 (Single-family residential). 207 208 The City of Havelock Unified Development Ordinance (UDO) Table 155-8 requires a Special Use 209 Permit for Automobile Repair Services. Section 155.0709(D) of the City's UDO sets forth 210 development standards for SLUCM 6410, Automobile Repair Services, which the business will be 211 required to comply with. (Exhibit C) 212 213 A proposed site plan and enlargement are provided as Exhibit D-1 and D-2. 214 215 Lot 24 has an existing SUP for auto sales and limited auto service that was granted in 2003. Exhibit 216 Eis a copy ofthe minutes from the Board of Adjustment meeting at which the SUP was granted. 217 218 The property owner wishes to extend the auto sales onto Lot 25 and to be able to have full auto 219 service and trailer rental on both lots. The businesses will be operated from the existing building. 220 A Floor Plan was provided. 221 222 On February 11, 2025, the SUP application was reviewed at the Technical Review Committee BOARD OF ADJUSTMENT REGULAR MEETING February 26, 2025 6of10 223 (TRC) meeting. Mr. James Simmons, Jr., PLS represented the property owner at that meeting. The 224 notes from the TRC meeting are attached as Exhibit F. 225 226 As required, the Notice ofPublic Hearing was published in the Sun Journal on Thursday, February 227 13, 2025 and a copy of the Public Notice was mailed to the property owner, all adjacent property 228 owners and MCAS Cherry Point. The Certification of Mailing is included as Exhibit G. A Public 229 Notice was posted on the site. 230 231 All building codes must be met with the addition of a second business inside the existing building. 232 233 Property owner will need to coordinate with Public Utilities to determine whether an oil/water 234 separator is required for the auto repair business. 235 236 317 US Highway 70 West is currently the only access to the property and is shared through an 237 existing access easement on 315 US Highway 70 West. 238 239 Lot 25 must comply with the landscaping, and sidewalk requirements of Chapter 157 of the UDO. 240 241 The businesses must comply with the trash containment area requirements of Chapter 157. 242 243 Signage will require a permit. 244 245 Parking is conditional with approval of the SUP. Staff believes the existing parking will be 246 adequate. 247 248 As of the date oft this assessment, staff has received one email comment regarding this application. 249 The email is from Rhonda P. Murray, Director, Community Plans & Liaison Office, MCAS Cherry 250 Point: 251 252 Motor vehicle and motorcycle sales; Automobile repair services and, Equipment rental 253 and leasing (with outside storage) at 317 US Hwy 70 West - SUP 254 a. Property is currently located within 60-65 noise contour. 255 b. Property is not within a noise contour per the draft Noise Study prepared for MCAS CP 256 AICUZ update. 257 C. Proposed use is compatible with existing and proposed AICUZ 258 259 Approval of a Special Use Permit must be in conformity with the City's Land Use Plan (LUP). 260 Motor vehicle and motorcycle sales, Automobile repair services, and Equipment rental and leasing 261 (with outside storage) are consistent with the land use classification of the parcel which is Center 262 City Mixed Use. 263 264 Ms. Marshall introduced Mr. Simmons who reviewed the floor plan of the existing building and 265 explained that it will remain largely unchanged, with only cosmetic interior modifications. There 266 are no plans to expand the building or add new structures at this time. The property line between BOARD OF ADJUSTMENT REGULAR MEETING February 26, 2025 7 of10 267 the two parcels will be removed to allow for unified use of the land. The address for 24 and 25 268 will be remain 317. 269 270 He said that the business is seeking to expand the existing auto sales with a special use permit on 271 tax parcel 6-041-007 (Lot 24) and Lot 25. He explained that in 2003, a special use permit was 272 granted to Mr. Walsh for car, motor vehicle, and motorcycle sales on parcels 23 and 24. At that 273 time, the adjacent lot was owned by someone else and not included in the original permit. Mr. 274 Walsh later acquired the adjacent lot, and the car sales business expanded onto it without the proper 275 permits. Mr. Walsh has moved his business to the old hobby shop, utilizing his existing special use 276 permit. Parcels 24 and 25 have been sold to Mr. Grevelding, who intends, with Mr. Phillips, to 277 continue automotive sales. Mr. Phillips will need to obtain his own licenses and permits, as Mr. 278 Walsh's license is tied to him and the address of his new location. 279 280 The new owners are seeking to expand the existing car sales to include the lot not covered in the 281 2003 permit, add trailer rental and leasing to both parcels, and also add car repair services to both 282 parcels. The car repair will primarily take place on one lot, but vehicles awaiting service may be 283 parked on the adjacent lot. The goal is to have all three uses permitted on both parcels to avoid any 284 ambiguity or issues. 285 286 The Chair asked if anyone in the audience would like to speak. 287 288 Commissioner Walsh was recognized and recounted the history ofthe property, including its 289 acquisition and development. He mentioned challenges related to drainage and the use of "rap" 290 (recycled asphalt) to improve the land. When the City decided to annex his property, including six 291 properties and some on a nearby street, he said he was denied the use of the hobby shop tap-on 292 fees for water and sewer for his new building and was required to put it on a specific lot. He said 293 that ifyou look closely at that map, the water and sewage pipe goes from outside building over to 294 the other lot because they never put in a tap for 317. Commissioner Walsh stated that he was told 295 not to worry about the special use permit because he was being annexed and that it would be 296 straightened out later, but it never happened. He added that they were never combined because 297 they were never split, but they were split on the map. So he had an SEU permit. 298 299 Mr. Walsh believes the lot should have been added to his other property as a special use because 300 the city forced him to put his water and sewer there. He said he made the City swear they would 301 never put a sidewalk out there due to an 8-foot deep hole. He said the City dug a six-foot hole to 302 drain water, and he had them put a pipe in to address the drainage issue. The speaker's contention 303 is that the special use should have never been an argument, especially after 21-22 years. He also 304 stated that there has never been a noise problem at the property. 305 306 The discussion shifted to the sidewalk ordinance and the requirement for sidewalks on Lot 25. Mr. 307 Grevelding highlighted the impracticality ofb building a sidewalk that would end in a six-foot ditch. 308 Ms. Marshall informed him that he has a choice between building the sidewalk or paying a fee in 309 lieu of which involves getting a contractor or engineer's cost estimate with a 25% markup for the BOARD OF ADJUSTMENT REGULAR MEETING February 26, 2025 8 of10 310 City and gives the City the money to potentially build a sidewalk in the future. He expressed 311 concern about liability if someone gets injured falling into the ditch at the end oft the sidewalk. He 312 said that he is willing to pay for the sidewalk ifit's around $2,100 but is concerned about the 313 liability. 314 The discussion revolved around where the sidewalk would be placed and whether it would require 315 an easement as Ms. Marshall explained. Ifthe sidewalk is not in the right-of-way, an easement for 316 maintenance would be required. There was uncertainty about whether there is enough room in the 317 right-of-way due to the ditch slope. There is also a sewer line in the area that needs to be 318 considered. The sewer line is along the right of way, with a ten-foot easement reserved by the 319 City. The Director ofl Public Utilities will decide if the sidewalk shares the easement with the 320 sewer line. Ift they share the easement, the responsibility of replacing the sidewalk falls on them. 321 Alternatively, they can choose to build the sidewalk in a way that avoids future replacement 322 obligations. It was noted that even though the applicant could install the sidewalk themselves, a 323 permit would be required and the applicant would need to contact DOT to coordinate. 324 325 The applicant was told that completing the sidewalk is a prerequisite for total business approval 326 and that he would need to make a decision regarding the sidewalk before receiving paperwork 327 signed by the chairman. The applicant questioned whether it was responsible development to put 328 a sidewalk into a cliff or drop off. He read the City's mission statement to work together to 329 enhance quality of life and deliver efficient high quality services while providing for growth and 330 responsible development and said he did not think it was responsible to require a sidewalk that 331 ends in a six-foot cliff. He mentioned a previous situation where someone chose not to do the in 332 lieu of fee which resulted in a sidewalk to nowhere. He asked ifthe City will put a bridge there, or 333 ifl he is only required to do 80 feet of sidewalk. He also said he wouldn't! have a problem paying 334 the in lieu of fee ifit was not 25% more. 335 336 Chairman Bullock asked ift the Board had any questions for the City. They did not. 337 338 Chairman Bullock asked if the Board had any questions for the applicant. There were none. 339 340 Chairman Bullock asked ifa anyone in the audience wanted to speak. There were none. 341 342 Chairman Bullock entertained a motion to come out of public hearing. Ms. Terry made the motion. 343 Ms. Liner seconded. The vote was unanimous (5-0). 344 345 The Chair asked if all members had visited the site. All responded that they had. 346 347 The Chair then read the findings: 348 8) Will not endanger the public health or safety; 349 9) Will not adversely impact the value of adjoining or abutting property; 350 10) Will be in harmony with the area in which it is located; 351 11) Will not be affected adversely by the existing uses; BOARD OF ADJUSTMENT REGULAR MEETING February 26, 2025 9 of10 352 12) Will not constitute a nuisance or hazard because ofthe number of persons who will attend 353 or use the facility, vehicular movement, noise or fume generation, type of physical activity; 354 13) Will meet all minimum UDO regulations and standards ofthe zoning district in which it 355 will be located; and, 356 14) Will be in conformity with the land use plan, thoroughfare plan, or other plan officially 357 adopted by the Board of Commissioners. 358 359 All Board members responded in the affirmative to each finding. 360 361 The Chair entertained a motion to approve the Special Use Permit application for motor vehicle 362 and motorcycle sales, automobile repair services, and equipment rental and leasing (with outside 363 storage at 317-319 US Highway 70 West based on the application following the findings found to 364 be in the affirmative. Ms. Kaufman made the motion. Ms. Liner seconded. The vote was 365 unanimous (5-0). 366 367 E. ADJOURNMENT 368 With no other business, Ms. Liner moved to adjourn. Ms. Terry seconded, and the motion carried 369 unanimously (5-0). The meeting adjourned at 6:50 p.m. 370 371 Respectfully Submitted, 372 373 grdra 374 Sandra Gahlinger, Secretary to the Board Gdge 375 tmil 30 Zozs 376 Date Approved 377 Khmd ullec, 378 David Bullock, Chair 379