Planning Commission - Regular Meeting

Good evening.

At 6 p.m., I would like to call the meeting to order.

I'd like to welcome everyone to the Town of Leland Planning Board and Meeting. Please note that the public and media may videotape these proceedings at any time. At this time, I'd like to remind everyone to please place their cell phones on vibrate or off so as not to disturb the meeting. And I'd also like to ask everybody if they would please stand for the Pledge of Allegiance. I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation, under God, indivisible, with liberty and justice for all.

Thank you.

Before we proceed to approve the agenda, for any of the members of the board that don't know, as of last Thursday, a new member of the planning board has been put forward by the council. Unfortunately, they couldn't make their very first meeting. But we do have another one coming. So he had something that was unavoidable. Anyway, we'll move on to the approval of the agenda. Does anyone have any amendments to the agenda? No.

Mr. Chairman?

Seeing none. Mr. Chairman. Oh, we do.

I'd like to consider if we could add a five-minute recess in between the action items.

I understand, and that's fine with me. With that, proviso, do I have a motion to accept the agenda as amended? Motion. Okay. Do I have a second? Second. Any discussion? All in favor? Aye. Any opposed? Thank you. Now move to item four, the approval of the minutes. Does anyone have any amendments to the minutes as they were presented?

Not seeing any, may I have a motion?

Move approval.

We'll have a second.

Second.

Thank you. Any discussion? All in favor? Aye. Any opposed? Thank you. Move on to item number five. At this time, anyone who signed up to speak during public comment prior to the start of the meeting may come forward. After all registered speakers have finished, anyone who did not sign up but wishes to provide public comment will have an opportunity to speak. When your name is called, please come up to the podium. There's a three-minute time limit for public comments. You'll notice a countdown clock over here to your right. As a reminder, everyone here listens to everything that is said, but the board will not answer or make comments on anything during your statement. But please be assured that we are listening to your comments.

We have a person, I believe?

Yes, sir. I have one person signed up for the standard public comment. It is Roger Harris.

I guess I'll be down here. My name's Roger Harris. I guess what I ask us all to do is just imagine.

You have to say where it's from.

That's been changed. They don't have to say where it's from. I just ask us all to imagine. I retired in, surprise, Compass Point. It's pretty beautiful out there. Bobby Harrelson had made this beautiful piece of land, forestry all around it, wildlife all around it. Beautiful golf course, beautiful neighbors, beautiful community. One would call it heaven, a touch of heaven. And we have two beautiful entrances, or we had two beautiful entrances. And then all forestry on the west entrance was destroyed. And in its place, apartment buildings, townhomes. Oops. Who knew? An easement was granted. Not Compass Point Residence. We didn't know that, but the developers knew that, and they knew it well in advance when the property was sold. Now the east entrance. Surprise, an easement was granted on that private drive. Who knew? Not Compass Point Residence, but the developers knew, didn't they? Well in advance. So I'd ask you, look across on 74. Look at Terrapin. Almost all forestry has been destroyed. Almost all of it. And in its place will be thousands of homes. And each one of them will have a little crepe myrtle. Each one of them might have a little boxwood or, you know, the boxwood hedges. Where's the wildlife going? Where's the runoff water going? What's the traffic doing? And then turn around and look across the street at that East Lake. What's going on there? Oh. Surprise, almost all the forestry has been destroyed. Gone. If you haven't driven through it, please do. What used to be forestry is stripped. It's just stripped, one home after another after another. And in its place, what will be there?

Thousands of homes.

My question is, when will it stop? Will it stop when no forestry and no wildlife remains? And we have home on top of home on top of home on top of home. One can only imagine. Thank you.

Thank you.

There will be other public speakers at the time for opposition or in favor of these. But is there anyone else who wants to make a general public comment at this time? All right. Seeing none, then we will move on to action item six. Does anyone have a conflict of interest or disclosure statement to be placed on the record?

No.

Seeing none, then we're ready to proceed. In the initial zoning recommendation in connection with voluntary annexation, Brunswick County tax parcels 028-0000-101 and 0220-00024. A request by WGT Track 6 LLC and WT Track 10B LLC to initially zone approximately 150 acres in association of the voluntary annexation petition. The subject site is located along Highway 7476 south of Compass Point. This is a public meeting. We'll hear a presentation from staff. Then the applicant will be allowed 15 minutes for a presentation. We'll then hear comments from any members of the public that have signed up to speak first from anyone in support of the proposal, and then from anyone in opposition to the proposal, and public comment is limited to three minutes per person. Mr. Nyland will now present the staff presentation for the initial zoning. Mr. Nyland.

Thank you. I hope everyone can hear me okay. I don't want to feel like everything had to bend down. So again, thank you very much for the introduction. I'm Andrew Nyland, the planning manager here for the town of Leland. I'll be presenting the initial zoning recommendation for the parcels on your screen. If you recall, this was an item that was heard last meeting. However, it was postponed for tonight's meeting, and we are here to rehear this with some modifications. You'll hear some and see some same slides, but you'll also see some modifications based upon some revisions to the requested zoning application. With that, we'll move forward into our standard procedures, our considerations to how our zoning map amendments are tied to our general statute. First of all, does the proposed zoning map amendment align and advance the goals and vision of our town adopted plans such as our Leland 2045? That's the town's comprehensive plan. In addition, are the permitted uses of the proposed zoning district appropriate for the area? The effects of those landowners and neighbors in the surrounding community? What can be developed under the proposed zoning? And why is the initial zoning is or is not in the public interest? As Mr. Kerry mentioned, this is tied to a voluntary annexation petition and it's kind of guided through our process currently in regards to this. So the land developers or land owners of the property submitted a voluntary annexation petition to the town, whereas the downtown staff was directed by town council to investigate that petition. Our typical next step is that initial zoning recommendation. However, due to the postponement, we're kind of revisiting back and kind of jumping backwards a little bit. But at last week's town council meeting, the staff presented a certification of sufficiency of the investigation of petition. And what that is, it's saying that the two parcels meet the general statute in terms of the ability to be annexed by the town of Leland, as well as verification that the owners of that property are truly the owners of the property. So after tonight, the initial zoning recommendation will proceed to the next town council meeting, which will be on April 16th, whereas the annexation will be determined on the public hearing. That would be whether or not the sites will be annexed into the town to follow the town's ordinance, or will it remain with Brunswick County and follow their development standards. If the annexation does proceed, then we go into the public hearing of initial zoning, which would be essentially is the next step from your step tonight. Essentially hearing what the proposed zoning is, your recommendation and the town count makes that final determination. after all this is said and done is when essentially the development site plans, subdivisions plans come in. That's when we start looking at the characteristics and different attributes that affect the development of the property. So again, we're not going to be talking about the development standards of the property itself. We're just be talking about the zoning and the uses that may, that can be done within under the town code. So we'd like to, we provide a transparency to when we do have items such as this. This is our public notification schedule. Uh, we've kind of doubled up this time since we've had a rehearing. So some of those items that we do present is, is a star news advertisement. Uh, we do do a site posting with a sign along with some informational packets in there as well. Uh, we do a mailings to all the residents within 500 feet of, I'm sorry, all the, all the property owners within 500 feet of, of the subject parcels. Anyone who signed up for the town's sunshine list gets an email notifying of this public hearing, public meeting, excuse me. We also do a social media post and website posting. None of those are requirements at this point, but we do find it's very important that the community is engaged and understanding what is being brought forth to you tonight. Additional notifications will be protected after tonight's meeting for any of the town council's public hearing as well and related to the annexation and the final determination of the zoning. So going back to last month's public planning board meeting, we had approximately 165 people in attendance. There were definitely a plethora of public comments. Some of those items are listed on here, some of which were the traffic concerns or a traffic study. I will mention that there is a traffic study, and that would be reviewed at the time of development proposals will be coming in depending on the uses that come in at that point. There was also some concerns about commercial uses and how they may be regulated. that be regulated under the town's code if annexed into the town or any other agencies that may have some interest in that. Apartments, there was concerns about apartments. Currently, in the zoning district of the county, apartments are permitted in that 150 acre parcel lots, or two parcels, excuse me. with the proposed zoning when we'll get into this later only 80 about slightly over 80 acres would be allowed to have apartments so yes they'll be allowed but just definitely not as many People were concerned about the access to the site to Compass Point and how that's a private easement. Again, during the development portions, I would imagine the developer and the ownership of that private easement would have those conversations to determine what is the best path to move forward in terms of development and hearing the residents of Compass Point and maintaining what they're wishing to have. And of course there's the environmental concerns as well. There was a small portion of special flood hazard area on the property as well as the presence of alligator branch that runs on the east parcel. Um, in regards to that, and we'll get to that a little bit in regards to those things. At that meeting, uh, the planning board did vote five Oh to postpone the initial zoning recommendation. So again, the background WG track six and 10 B LCS is the applicant of this initial zoning application. It is approximately 150 acres, currently undeveloped, and it is located along US Highway 74 or 76 in front of the Compass Point subdivision, just west of the I-140 interchange. So one of those things that have changed since the last meeting is the addition of an additional zoning district that's being proposed for the town. So again, currently right now, it's in Brunswick County's commercial low density. So it could be developed under the UDO of Brunswick County under the commercial low density uses and development standards. What's being proposed now by the applicant is four zoning districts. You have the multifamily. C1 and C3 commercial districts, and CD, which is the new district conservation district. As you can see, there's been an increase of 12.02 conservation district and a decrease of just shy of 12 acres on multifamily now. So going to our maps, we have our vicinity map. As you can see across up north is our compass point neighborhood. To the right is going to be I-140 and Windsor Park. Then we have across the way of 7476 down Malmo Loop Road is Terrapin and East Lake. A little bit more zoomed in version of where we are talking about. This gives you a relationship to the compass point. Excuse me. Well, the entrance, the east entrance will say right now, my eyes and cataracts are tomorrow, so. But it gives you a relationship to where the parcels are in relationship to that entrance.

Can I ask for the contiguous portions of this to the existing? I'm sorry, sir. It's out of order. That's out of order.

OK, I'm sorry.

So continuing on, this gives you the graphic of undeveloped land of the two parcels. It also shows the residential aspects behind Compass Point as well as the East Lake and Terrapin. You also see across the way of US 74 and 76 is going to be the manufacturing plant, a gravel supplier, as well as some automotive service as well. This is the special flood hazard area map. As I mentioned before, there is some special flood hazard area on the west parcel on the upper left hand corner and it does. And just briefly right before the, on the, on the, yes, the east side parcel of the subject site. So we have the current zoning. Again, we have the county's commercial low density in regards to what is currently zoned. Then you have two different residential districts to the north of Compass Point. Across the way you have an industrial general as well before you get into some of the town's plan unit development, R6 conservation as well as multifamily. On the screen is the new proposed zoning district layout. Um, it's what has changed essentially reduction of the multifamily. So on the west parcel in the upper left corner where I pointed out where the special flood hazard area that's being mostly incorporated by the conservation district and then on what on the east side parcel on the right hand side is going to be another conservation district district that kind of runs diagonally around there and that is essentially where the run of alligator branch is. So that's where that conservation district is located at. And again, you have our C1s in the pink, C3s in the red, and the multifamily, which is in that tan brown color. On screen is going to be our dimensional standard comparison of those four districts that we have. First of all, we have two multifamily. One that's essentially going to be your apartment complex that requires that 10,000 square foot lot size. However, our multifamily district also allows for single family dwelling units as well, which obviously will reduce the lot size to 5,000. And our general commercial is 6,000. And our C3 commercial trucking is going to be that larger 43, almost a one-acre-sized lot, actually. And then in terms of the conservation district that's being proposed, there's no dimensional standards on there because the development on that property within Ozone District is pretty much limited to a few items, which we'll get into here shortly. So on the next three screens are going to be the permitted uses of the proposed districts as well as the current district. So on the far left side is going to be the use type that's listed in the town's permitted use table. The next column over is going to be what is permitted in the county's commercial load density. And then that little separation, everything to the right, those last four columns are going to be what's permitted or not permitted in the town's zoning districts. So everything in green, as you can see, is permitted. So you can see these selection of items are all going to be permitted in a commercial density now, rather just in one or two limited three of those zoning districts that are being proposed for the town. On that screen, you're going to see the yellow, the conditional. I don't want you to think that's conditional zoning necessarily. It could mean a couple of different things. It could mean that there might be limited uses that are in the county. The same definition doesn't apply necessarily for our permitted uses to the county's jurisdiction. It also may mean a conditional zoning. For example, RV parks under C3 for the town, that is only permitted through a conditional zoning process. Also, in Brunswick County, they have special use processes, and that could also mean in that regards too. As we get to this last slide here, the last three items, the public park, playground, community center, the small and wireless facilities, and the co-locations of those items are the only items that are available in the conservation district. So those are the only development aspect of things that could be done within that zoning. Now this is not a complete list. That complete list was with the agenda packet that showed everything that's in our permitted use table as well. Moving on is our future land use map. Our future land use map is found in our Leland 2045, our town's comprehensive plan. And what this does, it helps guide developments in areas that may be more suitable for development. It helps try to minimize the impacts to the environmental systems. So how this map is kind of made up is through things that are already maybe established, such as location to infrastructure or known water bodies in regards to that. So things that are kind of known, but then there's also items that potentially could be such as potential wetlands, potential soils types, uh, potential flood zones. Those all do play a part in these items in terms of creating what are the land classifications, whether it's high development potential or conservation protection. And we'll get in those client classifications here on the next slide. So looking at these two parcels, we do have three of the four land classifications. Again, we have the high development potential. It's in that bright orange. We also have the natural resource oriented development and the ideal conservation preservation area. That ideal preservation area, as you can see, kind of runs along that alligator branch in regards to that. Again, these are potential areas. It may not be what's been technically surveyed or, we'll say, ground truth yet, but those are potential areas based upon different data sets that might have been provided by either the state, FEMA, or other organizations. So with the high development potential areas, you're going to see the broad aspect of things, what you could see there. You could see those conservation communities that may be less impactful on environmental systems, but it also provides an opportunity for your more mixed-use commercial and residential nodes in regards to that. So that is why it's prime opportunity. In this general area, because there's a location of 7476, as well as the existing infrastructure heading towards Compass Point definitely adds to the value of why this is considered high development potential. The natural resource-oriented development potential, you're going to see a little less. You're not going to really see a lot of commercial aspects. You're going to see low-impact design, conservation communities, and also protecting the open space. Those are kind of like your Brunswick Forest, your compass points that take a little more curvature design sometimes and when trying to design a subdivision or such. And of course I already spoke about the ideal conservation areas where we go onto the screen here again, that green line on the, on the east side is essentially where the alligator branch is located at. And then in the left hand side is where the special flood hazard areas located on that parcel. In addition to these land classifications, we also have a neighborhood node that's located right at this location. Now neighborhood node is going to be essentially what you might hear is like a 15 minute walk. This is an opportunity to create a mix of uses of commercial and residential, be able to walk those areas and provide other options, hopefully than just driving a car. So even though individuals, can be potentially walk from compass point to the north. But those areas that are going to be maybe zoned multifamily, they have the potential of not only live where they worked, but live, play and work and also get their basic needs in those general areas. So going into our consistency with our town data plans, specifically Little England 2045, we have our theme of livable, diverse, and connected neighborhoods that accommodate growth. Again, we just kind of mentioned about trying to locate jobs in commercial areas where people live. So with the mixture of multifamily and commercial, you have that opportunity where people can walk and visit their places of work and businesses. In addition, we're trying to promote growth where it's already existing or roadway conditions and infrastructures. Again, the location of 7476 assists with that. In addition, we have the resilient and stable economy. Again, going back and said that note aspect of things, we're trying to locate jobs with the highest concentrations of households to try to reduce the impacts of traffic. The people that couldn't walk to their locations of work or where they shop will essentially reduce the amount of vehicle traffic on specific roadways adjacent to the development.

Excuse me, please. Courtesy works two ways. There are people here in support of this. There are people here who are opposed to it. We will not permit just general comments and people making things from the audience for either side. So please allow this to continue and show the courtesy. Thank you.

So going into our last theme that we're being consistent, so this was a theme of consideration last time. This was something that we pointed out as should be a consideration of the planning board, a highly valued and protected natural resources. Now with the addition of the conservation district, we are looking at ways to keep those natural resources that are available, again, along alligator branch, as well as that special flood hazard area in the upper left-hand side of the subject site. Now this point, I will ask the applicant if they have a presentation, they can go ahead and come up to the podium. There should be a clicker over there.

Good evening. Can you hear me all right with the mic where it's at? Thank you. My name's Sam Frank. I represent the applicant. Let's see. So, as you know, the location of this site just outside the town of Leland, this is not a conversation about whether or not this land can be developed in the manner in which the developer plans to develop it. It's a conversation about whether it will be developed in Brunswick County or whether it will be annexed into the town of Leland and developed in that location instead. Current zoning for the site, as Mr. Nealon described, is commercial low density in Brunswick County. I want to take a minute on this slide and make sure that we understand where we are today relative to what we are proposing to go to. The subject site includes 150 acres of land. It's all zoned the same way. That zoning district permits every single use that's contemplated by the developer's proposal for the zoning in the town of Leland. It also contemplates and permits several uses that are not. That permission of use runs right up to the northern boundary of this property and right down to the southern boundary along the highway. Permitted uses under the zoning district for the land currently would allow big box retail. In fact, the site's so big, it would allow huge box retail. So super Walmart size, 200,000 foot kind of store immediately adjacent to the northern boundary of the site. It would also allow outdoor RV parks, as well as a number of other commercial uses. There are zero feet of separation between the current permitted commercial uses and the northern boundary of the property. This is what's been proposed instead. So when you annex into a new jurisdiction, the jurisdiction has to assign zoning. What we're asking is that one, the property be incorporated into the town of Leland, and two, that the initial zoning be established for the site as shown here. Now you're familiar with this. We looked at it at the meeting last month, but it has been adapted in a meaningful way responsive to the comments that you raised as concerns to us. Specifically, you identified a concern about the protection of Alligator Branch Creek that runs primarily across the right side of the site, the eastern end of the site, but also that loops back down and touches in the northernmost corner in the northwest section there. What we collaborated with staff to propose is incorporation of a CD zoning district on portions of the property that run along and with Alligator Branch. Establishing that conservation district is one additional step to inhibit any sort of development along that creek. Realistically, that creek is wetlands, and the amount of development that could be completed in the wetlands is heavily regulated by the Army Corps of Engineers. Any sort of impact to the wetlands requires significant and careful consideration and permitting. That said, we as the developer are more than happy to establish this additional layer of protection over that stretch of the creek responsive to the comments that we heard from you. I would like to talk briefly again about the permitted uses. Frankly, Mr. Nealon's chart was probably better than mine at describing this. Fundamental and most important is that every use that is proposed in the proposed initial zoning is permitted under the current zoning. Again, everything that we contemplate developing could be developed today. Now, significantly, there are several things that will not be permitted under the proposed zoning. We are proposing a down zoning, a more significant restriction of the property than the current zoning that's imposed on the land. chart that's on the screen is not the entire land use table it is the uses a list of the uses that are permitted today under the county zoning jurisdiction that would not be permitted under the zoning jurisdictions that we've proposed for this site as you can see that includes a number of higher intensity commercial uses In addition to limiting the number of commercial uses that would be permitted by zoning, we've also significantly limited the location of the potential commercial uses. So today, all 150 acres of the site available for that wide range of commercial uses permitted under the county zoning. With the proposed initial zoning, only 54 acres of the land can be used for commercial, And the land that is closest to the northern boundary that could be used for commercial, the top of that light blue C3 bubble on the right side, is almost 300 feet away from the property boundary. It's almost a football field away from the northern property boundary. Please remember also that not only do you have that separation on this site itself, but that there's a 100-foot power easement that runs along the northern side of this site as well, creating an additional level of buffering. So again, with regard to commercial uses, reducing the number of commercial uses that could be incorporated, reducing the land that commercial uses could be achieved on from 150 acres to approximately 54 acres, and isolating the distance that a commercial use could be situate to existing residential on the northern half or beyond the northern boundary of the site by 300 feet or more. this next map shows you again what we've changed since we spoke with you last this is the incorporation of the cd zoning district as you can see it runs along the run of alligator branch i'll show you your future land use map next which demonstrates how that branch runs off the north side of this property meanders through the easement i just mentioned and the compass point neighborhood and then returns back onto this site at the northernmost corner As Mr. Nealon described, your future land use map depicts potential and desired uses for land. The zoning that's been proposed here for the initial zoning is an absolute in every fashion consistent with your proposed comprehensive plan. The change that we made was to incorporate a CD zone over land that wasn't intended to be developed anyway. and that coincides with an area that you've identified as ideal for conservation and preservation areas. Now again, this is potential, and it's intended for a future plan of use. Your future land use plan extends beyond the boundaries of the town. The land we're talking about today is not yet in the town. It's located just to the north of it. And as you can see, not only this site, but additional property beyond this site are incorporated into your future land use plan. It's interesting to note that that area that's identified as ideal for conservation and preservation areas goes beyond this site and meanders through 20-some residential lots in the residential community located to the north of the property. Does that mean that those lots are restricted by the town and homes are not allowed to be built on those lots? No, of course not. That's outside of your jurisdiction, and it's beyond the reach of your jurisdiction. And even if that land were to be incorporated into the town of Leland, there wouldn't be any expectation that you would require folks to bring the houses down. I point that out to demonstrate that when we look at future land use maps, it's a relatively imprecise science where we're evaluating what an ideal use of the land in a general context might be. That said, we heard your concerns last month, and we have responded to those by incorporating the CD area along the run of Alligator Branch so that in addition to wetlands regulations and the Corps of Engineers, that property will also be protected by your zoning, assuming that you choose to move forward with this annexation. We heard several comments at the public hearing portion last month about the nature of access to the community to the north. That community is not within the town of Leland, but is an important neighbor to this site. This site has always been intended for development. It's been contemplated that the road identified as Compass Point East Wind would serve as a point of ingress and egress, not only for the residential community, but also for this property. In connection with this property, we will be adding an additional point of access from 7476 that will be available to not only the subject site, but the property owners in the neighborhood immediately adjacent to the north. So what you see here is a depiction of the existing access point for Compass Point at the west end of the site, where the developments already occurred, where we've already incorporated, or excuse me, not we, but someone has already incorporated the multifamily commercial and retail uses. The existing access point at East Wind, which will ultimately include access to commercial and other uses. And then the additional point of access in green that this development will afford all. In summary, what's proposed here is a down zoning in connection with annexation. All of the uses that are contemplated for development of this land are currently permitted. The only reason we're in front of you and having a conversation about the initial zoning for the property is because we would like to annex it into the town of Leland. In connection with that annexation, you have to assign zoning. The zoning that we've proposed is not only a down zoning from what's currently permitted, but also absolutely consistent with the town's 2045 comprehensive plan vision statements. It's also absolutely consistent with the surrounding zoning districts. For all of these reasons, we respectfully request that the planning board recommend approval of this initial zoning consistent with staff's recommendation. Mr. Chairman, I respectfully request the opportunity to speak with you again following the public hearing to the extent that there are comments raised during that hearing that I can clarify or answer. Thank you for your consideration. Thank you.

At this time, anyone who has signed up prior to the start of this meeting to speak directly about this action may come up and speak. After all registered speakers have finished, anyone who did not sign up but wishes to provide public comment will have an opportunity to speak. When your name is called, please come up to the podium. There's a three minute time limit for public comments. You'll notice the clock where I showed earlier. And as a reminder, everyone does listen, but the board will not answer or make comments on anything you say, but we are listening. All those who wish to speak in support of the action will come first, followed by those who would be in opposition. Do we have anyone in support?

No, sir.

OK. Then at that point, we'll go through the names in opposition.

At first, we would like to ask if anybody else would like to speak in support of the item that did not get a chance to sign up.

No, I'm sorry.

First signed up in opposition of the item is Art Kleiner.

Good evening. Art Kleiner, Compass Point. I'm not in favor of this rezoning request at this time as I believe more information is needed about the safety implications of the rezoning and also that more public is necessary as to what actually goes into the rezoning request. My comments pertain to businesses permitted by the town zoning codes and the role that the planning board and the planning department have in locating these businesses. The town has minimal authority in what businesses can be located within a particular zone as long as it is permitted and applicable ordinances are followed. However, the Planning Board, the Planning Department, and the Economic Development Committee do review and comment and possibly ask for revisions to the development agreements when the town is being asked to approve a proposed development. Zoning, as we heard, is currently planned to be conservation, multifamily, C1 and C3, which allows for a wide range of commercial enterprises. However, the board, the planning and the planning department and the town need to consider what businesses are actually wanted by residents of the proposed development. as well as current residents living nearby, such as those like myself in Compass Point, and their impact on traffic and safety. There may be a need for businesses, including retail, shopping, dining, and healthcare, with some more appropriate than others. What is most appropriate, most desired, and what will have the most chance of success should be considered, not just the financial benefit to the town in terms of tax revenue. For example, will we need another convenience store like 7-Eleven, which just announced a new location nearby on the east side of 140, or another fast food outlet? That's the type of evaluation I'm referring to when deciding what goes where. The Planning Department and the Economic Development Committee, when working with businesses, should keep these factors in mind when the business is deciding where in Leland they want and should be. Additionally, local input into what and where businesses go in Leland should be obtained. After all, the businesses would hope to have the support of the people nearby. I'm certain my neighbors in Compass Point would appreciate being able to provide input. Another factor in businesses in Seawood Point will also be what is planned for the commercial development in Terrapin directly across from Compass Point. An all-encompassing view of what businesses, if any, are needed in our area of Leland needs to be considered by the Planning Board and the Economic Development Committee and the Town Council. This will give residents of the area the continued quality of life the town of Leland strives to offer.

Thank you.

Next up is Mary Farrell.

Good evening. My name is Mary Farrell. I'm a Compass Point resident. The escaped area was sold to Compass Point residents as a security measure. Many of us resided there knowing that there was going to be a guardhouse, there was going to be somebody on duty during the day, and a security system at night that we could check in. We were going to be secure. This gated security system played an important part in many of us becoming Compass Point residents. As I stated in the beginning, I am a resident of Compass Point and residing in the Compass section. I am also a recipient of Leland's Planning Zone Department's notification to owners that my property is within 500 feet of this development, and I feel that this is stripping me of the security that was being offered by Compass Point by taking my property and making it exposed in the back. Excuse me, one second. The apartments that are being proposed goes right up to the line of purchase for the developer with no regard to the disruption to the security of the Compass Point residents whose property is within that 500-foot boundary. and that loss of security is a major concern to us. I'd like to propose that the developer put up a fence along his development line, not a few buffer trees, to address this issue and to respect and maintain the security that the Compass Point residents are having taken from us by this developer. Thank you.

Next up is Judy Mack.

I am Judy Mack and I would like to talk a lot about preservation because it doesn't seem when I look at these maps that we're going to get enough of what we went and bought our Compass Point homes for. So to the members of the Planning Commission, at your February public meeting, a developer submitted the zoning change request. The zoning change request was for the property that contains ideal conservation and preservation area, which is a natural area designated in the Leland 2045 plan. that plan was considered by most of the leland residents to be a commitment by the town to provide balanced development and to respect and preserve certain designated natural lands this board wisely delayed approval when it realized that the developers proposed zoning map completely obliterated i like that they came back, but I don't think they have committed to what we want. Tonight, that same developer is back looking for your approval for the new proposed zoning change map. This now contains small token amounts of the preservation area. The developer still wants to make over 75% of the conservation area for himself. After the developer's application is processed, you will consider another zoning change application in which the same thing happens. That application also proposes taking over approximately 75% of that preservation area. These developers have only offered a token compliance with the Leland 2045 plan and at the expense in the preservation land promised to the residents, much like Mary's house. So the decision you make tonight will set a precedent for all future zoning change requests that involve preservation area. Tonight will determine what the Leland 24-5 plan means to each of you individually. It is just a loose guide to be compromised at the whim of the developer. Is it a form of promise and commitment to the citizens of Leland? Should you pay strict adherence to the plan or should you allow some compromise? Compromise, how much then? And at the loss of 75% of the originally mapped preservation, is that too much? First, these developers tried to take it all away, and now they only offer a mere token 25% of the original preservation area. So the real question for you is this. Who will you serve in your decision tonight? Will your decision serve the individual developers who have twice now offered too little or even to be considered as a possible compromise? Page two. Will your decision serve the nearly 40,000, and we're a good representation here, citizens of Leland who made their wishes known to the Leland 2045 plan, a plan which has protection of natural space as its number one priority. Thank you.

Next up, Roger Harris. I don't need to speak.

The young lady said everything virtually I was going to say. Thank you.

Next up, Chris Dell. Deal.

Good evening. Leland has been put on the map as a great place to live as a result of the many beautiful new developments that contribute to Leland's positive reputation as an outstanding community to move and to live in, including Compass Point. Our Compass Point residents are patrons of the local Leland economy and have an outstanding reputation as being good neighbors and for contributing to local charities and fundraisers. For the record, I am opposed to having a significant number of gasoline pumps and convenient gas center as well as a major grocery store using our Compass Point main entrance for ingress and egress. This does not support Leland's 2045 plan designating the property as a neighborhood hub. Compass Point has approximately 2,000 home sites with only two entrances supporting the entire community. That's two entrances for 2,000 home sites. One entrance supports the east side and the other supporting the west side of our community. The east or main entrance is the entrance the developer is planning on using for a gasoline convenience center and major grocery store. This entrance was never designed and cannot support 80,000 ton trucks on a daily basis. While I'm not opposed to having retail, I am opposed to having our main entrance destroyed and ask that the planning board consider and the developer consider our community safety and vote no and postpone the request for annexation. I also ask the developer to consider moving the gas station to the new entranceway that they're talking about tonight. From a safety perspective, with only two entrances supporting Compass Point, heavy truck and retail traffic using our main entrance will slow down fire and emergency response teams. for both ingress and egress when every minute and second counts. This is a significant safety concern. Additionally, heavy truck and retail traffic will inhibit our ability to evacuate for emergency reasons. And don't forget, we have the largest munitions facility on the East Coast and a nuclear plant less than 50 miles from where we live. For the record, I respectfully ask the Planning Board to vote no and postpone the annexation request until the developer revises their plans for the gasoline station and major grocery store to be moved away from our main Compass Point entranceway and have a dedicated entrance for their planned retail and gasoline establishments. This request is in consideration of the safety and well-being of our community. Thank you.

Next up, Tom Locks.

Good evening. As was commented earlier, we're here to address the proposed rezoning request. And at the last meeting, I asked, why? Why is the developer seeking a rezoning? And I believe the answer is because if he were to stay under Brunswick County, he would not be able to proceed because of the sewer moratorium. Therefore, the developer is shifting, if you will, skirting around that particular legal impediment to go with the zoning request of the town of Leland. Secondly, at no point have I heard anyone propose to do something that looks nice. I mean something that the town of Leland could be proud of instead of having a gravel pit across the street. Okay. Instead of a scorched earth clear cut approach, which the developer has proposed where in which the developer would dense pack every available square inch with apartments, I would ask the town of Leland to consider something a bit nicer and something that would engender goodwill with the compass point neighbors. I would remind everyone that the power line, which separates the properties under consideration here from Compass Point, do not allow any trees underneath the power lines. So there's no visual barrier or impediment to viewing the bright lights and 24-hour stuff that's gonna happen. It would go a long way if the town were to zone a conservation district, along the backside of the property, where it follows next to the power lines, 100 feet, whatever, of buffer of trees to visually separate the commercial and apartment development from the neighborhood of Compass Point, in which we have lots of trees and subdivisions, if you will. The town can do that zoning without any input or request from the developer, and I would very much ask the town to consider doing that. Thank you.

Next up is Fred Cotterell.

Good evening. My name is Fred Cotterell, and my concerns are three, and with some suggestions. First of all, the major entrance into the property being discussed is East Wind. And there's another option in which it was pointed out by the developer's representative, and that's where the green arrow was. Now, because someone has a piece of land, It doesn't mean everything has to be maximized. And zoning was designed to make sure a good plan of building takes place. Now what's interesting in this situation is to what extent did the planning department cater to the developer's wishes rather than first zoning it the way it should be based on good sound principles of zoning? If the situation is that the zoning was designed for the developer, That's not good planning. And then the other thing is not every parcel of land is designed to be the best for development. And I question whether this parcel of land is big enough and wide enough to accommodate what's being proposed. So one of my suggestions is to move the main entrance for commercial west towards Malmo Loop Road. Make the Compass Point entrance the residential one. especially when there's going to be additional 9,000 housing units, plus we have 2,000 in Compass Point. The second point, C3. If everyone thinks back to what they saw, it's a very large area, especially on the right side of East Wind. So a major trucking establishment could be established, a fueling station could be established there. Then fueling trucks come in and out. And by the way, to make a turnaround, it has to be a tremendous circle to turn around. So you're putting heavy traffic with shoppers coming in, with residents coming in on that strip. Create, like Terrapin did, a nice entrance at the other end while you're zoning. Your zoning will dictate what happens. And usually what happens when a good zoning plan takes place the developer has to conform to the plan, not the other way around where the zoning is created for the developer. And the third point I want to make is that a major food store coming into that area is welcomed, and so is some more commercial and businesses that would accommodate the residents of the area. However, if you make the other entrance, the commercial and business area, as it should be designed for, it makes some modifications in your zoning map. Sorry. Thank you.

Next up is Ron Jimenez.

Good evening, everyone. This town board meeting, I got to ask, who do you represent? The town people who make up this town? Or do you represent the businesses and the corporate people? They come from elsewhere to invade our community. I could tell you for a fact, no one living in Compass Point wants this zoning change. Am I correct? No one wants commercialism where we live in our homes. Am I right about that? This was advertised as a living resort in a community, not as a living among a mecca of stores. Seven miles down the road, there is wide open commercial and industrial property. I don't know why we don't suggest that they go down the road heading towards Delco. They can build whatever they want there because there's nothing there to oppose. But right now, all these permits, this is permitted, this is permitted, doesn't necessarily mean that it's wanted or warranted. The proposals that the people are suggesting, these business people, it doesn't benefit Compass Point at all, period. It's going to bring down home values, trust me on that. I've come from New York. I don't know how many New Yorkers here, but there was a place called... Co-op city? Sound just like this. Oh, they promised the world it's going to look good, and how it decayed in 15 years. They come and build it and leave, but they don't see the destruction 15, 20 years later. Our home values will go down. Trust me on that. There are people moving out of Magnolia right now because of that. So I suggest that you observe the people's their wants, and vote no because you're representing the people of Leyland. You're representing the town people. We pay the taxes. We make up this town. Thank you.

Next up is Phil Carey.

Some of you were here to hear me speak last week and express my empathy for this board that comes before this community once a month on a volunteer basis. And I understand a little bit, my experience has always been in Colorado, but I'm understanding a little bit about how it works here in North Carolina. They have a job to listen to what staff recommends. Staff has a comprehensive plan to guide them they have an obligation to make a recommendation to the council, the elected council. I learned as chairman of planning and zoning that the chairman of planning and zoning is the most powerful unelected position in a municipality. to guide the board that made them chairman. And they can help by using the comprehensive plan to guide them so they make good decisions. It's not regulatory, it's not statutory, but it's a guide. And I've worked on comprehensive plans, and you need to revisit them and see what makes sense. Why Bobby didn't try to annex Compass Point, I don't know the situation. That was decades ago. But there is a beautiful community there. and I drive in and out in every day, and I look at it and I go, this 2045, where's the interconnectivity? When we first moved to Compass Point, we called it the island of Compass Point because it's out there all by itself. It wasn't surrounded by convenience stores and everything else. And I think that's a huge feature of that whole area. The gentleman and the woman who talked about the wildlife and the environmental impact, I see that as an important part of your 2045 plan. I don't see any interconnectivity here. I really don't see people that are going to work and walk within the lower branch alligator area to go to the convenience store. And the other thing that concerns me is what the gentleman from New York mentioned. We're talking about building thousands of units for rental properties. and who will maintain those Wenschel properties and to what level that matches what all the people around there. And Terrapin, a woman in my office just built a new home in Terrapin. She's thrilled to be there. It's a beautiful area. But there's something to be said that these are all clear-cut properties that we lose so much of what we have here. So I'm just gonna let you know that I struggle that there's no really contiguous border of this property. there's some corners that touch that bothers me a little bit what really concerns me is we just built a beautiful station 51 fire and rescue center i work in a business that donates equipment to them i know those guys and we just approved terrapin we just approved east lake are we prepared to do another one without asking station 51 can you handle this type of growth at this rate and that's why i told you last month there's two types of growth there's growth which we're seeing everywhere and there's smart growth and i think you're hearing enough tonight that people just want you to slow down maybe talk to the chief at station 51 maybe talk to the police chief and say what's your response time going to be if we fill this 150 acres with apartment homes and convenience stores, and heaven forbid, a truck stop. It's just not good planning. So I have empathy for you. People will leave here happy and unhappy tonight. And there's nothing that you can really do about that except vote your conscience. Thank you.

Next up, Richard Ferrari.

Good evening, and thank you for your service. I want to talk about Compass Point Eastwind, the road, the private road that wants to be used primarily for ingress and egress. And I'm going to tell you one thing I'm really happy about. I'm so pleased the developer told us ahead of time that he wanted to put a 48-pump gas station in on the corner. Because if he hadn't told us that, and this was approved, between the town's planning and the developer, they could come to an agreement to put this service station in after you approved it or recommended approval. So thankfully, he did tell us already of his intentions. 48 pumps down to 40 pump gas stations on the corner of a private road that Leland doesn't own, he doesn't own. So I'm really pleased about that. And it shows you what can happen If this is approved and the town council approves it, and then it's between the planning department and the developer to come up now with an agreement that we have no say-so in, that can't be challenged in court, okay, it's out of our hands. This is the time we need to get things on the record. So I would ask you to put yourselves in the position of these people here. Using this road daily with increased traffic and heavy trucks and uncertain access. For the record, this is the character of a road being relied upon. It is narrow, curving, residential-style roadway with limited sight distance and no margin for error. What evidence, what evidence have you seen that shows that a road of this character is adequate for the level of traffic being proposed, including heavy fuel delivery trucks? Have you seen that evidence before you vote? This is not an abstract for them. It's the safety and the ability to move through their own community. So the question becomes, Does the record clearly show now that the infrastructure legally and physically is adequate for what's being proposed? This project appears to rely heavily on access over probably own road that already serves approximately 1500 to 2000 homes that use that entrance. You notice I'm saying everything for the record because we have to establish the record of what the issue really is. And who's going to take care of the easement rights? The road, if it needs servicing. You want to come up with an agreement between the developer after this is all over? Thank you.

Next up, Maurice Garcia.

The Leland Planning Board should consider a good planning for the future. And you should really talk to yourselves and say, well, I'm a salesman. And honesty is very important. And I do a comparison to something that really happened in the United States in 2008. And why I say honesty? Because I feel that, unfortunately, a lot of people, they lost a lot of money in 2008 because they were selling houses without telling the truth. And the truth was, that they were signing and buying houses without telling them that they were buying the house with a variable rate, not a fixed rate. And what happens? It becomes a collapse because they were not telling the truth. The same thing happens to us. They told us beautiful things, but because it's money in between, then who cares? We don't have a voice. And why we don't have a voice? Because it's money involved. planning so that's why I've been living in cities that they've been planning let's say New York City they plant the city more than a hundred years and right now is not a chaos I mean consider the amount of people but right now we only have two roads route 40 and route 74 for the evacuation for the amount of people that come in here we are not prepared for evacuation now the sewer system, we don't even have a water treatment plant. Not even one. And we should have at least two for the amount of population that we have. That's all I'm saying. That's it.

Thank you.

Next up is Jose Mondaren.

I'm wondering. Okay. We understand that the town council has broad but not unlimited discretion in viewing this petition. In Chrisman v. Guilford County, 322, NC 611, 1988, states that North Carolina courts, particularly for small-scale rezoning, also known as spot zoning, require the government board GOVERNING BOARD TO FIRMLY DEMONSTRATE THAT THIS ACTION IS REASONABLE AND IN THE PUBLIC INTEREST. I'M SURE THE BOARD IS AWARE THAT IN THE CONTROLLING LEGAL TEST UNDER CHRISTMAS COMPRISES FOUR THINGS. ONE, SIZE AND NATURE OF THE TRACT. TWO, COMPATIBILITY WITH EXISTING PLANS. THREE, BENEFITS AND DETROITS. FOUR, RELATIONSHIPS BETWEEN OLD AND NEW USES. When viewing the applicant's petition within this legal framework, it is evident that this petition is clearly spot zoning, where these two parcels are singled out for treatment that is different from the surrounding properties, benefiting the owner applicant while being detrimental, potentially dangerous to thousands of neighbors in the Compass Point, Terrapin, and Eastlake communities. Additionally, the petition lacks a reasonable basis to approve. Before the town votes on rezoning, the applicant must identify what changed conditions exist on or near these parcels that now justify a C3-MF classification that was not previously warranted. Proximity to U.S. 7476 alone is not enough. CHRISMAN FOUND THAT PROXIMITY TO A STATE HIGHWAY IS INSUFFICIENT TO ESTABLISH PARTICULAR SUBSUITABILITY FOR AN INTENSIVE CLASSIFICATION. THIS RULING IS REINFORCED BY BLANES V. CITY OF RALEIGH 280 NC 531 WHICH INVALIDATED PROPOSALS TO LOCATE HIGH-DENSITY MULTI-FAMILY PROJECTS IN AREAS SURROUNDED BY UNLIKE USES AND ETHERIDGE V. COUNTY of Currituck which struck down rezoning because the purported benefits were a generalized benefit that has no specific connection to the surrounding communities. The application for rezoning doesn't even include benefits to the community.

Next up is Richard Reuter.

Good evening. I have a quick little statement here. The petition is inconsistent with Leland 2045 comprehensive plan and the Future Land Use Map Coastal Area Management Act certification. We strongly disagree with the petitioner's assertion that their plans are aligned with Leland's 2045 comprehensive plan, which accurately reflects the town's commitment to preserving the natural resources which are vital to the community's lifestyle, economy, well-being, and resilience. We request that if you have not already done so, the planning board confirm in writing whether the subject parcel proposed use is consistent with the future land use map designations in Leland 2045. If you have already confirmed this, we request that the report be included with the minutes of this meeting. If, as we believe, the proposed use is deemed inconsistent with the Town's vision, we request that the Planning Board provide in writing the explanation for considering the applicant's proposal when it is not consistent with the Town's plans. If the proposed use is deemed inconsistent, request the planning board require the applicant to state in writing how they will meet the additional procedural obligations required under CMMA certification. And just on a side note, I'm looking at this map here and he's going on and on about this green space they're giving us around alligator branch. If you've ever driven into Compass Point on the road that's in question, it's only a two-lane, one lane in, one lane out. That's it. It's not some big highway that they're making it up to be. And this green space, if it's even close to scale, this little green strip that he has running through that they're going on and on about is a little bit bigger than that road. So what is it, 50 feet wide? There's no numbers on here. I can't even tell how wide it is. But this little green strip, 50, 60 feet wide for an alligator branch, what are you going to do? There's going to be houses on one side, a gas station over here, a convenience store. What are you going to do, play hopscotch over this little green space? It doesn't make any sense. And just really quickly, the overdevelopment is one thing, but what you have done to 17 and that road there near Walmart and... All those stores right there is an abomination. And that's what you're planning to do with this here area? You're way overbuilding it commercially. It's insane. 5% of Leland is currently built upon. You have an abundance of land. Everywhere I look, there's land. Why are you consistently making these, bam, you're putting too much stuff in one spot. Spread it out. Have a great night. We appreciate what you did.

Next up is Patricia Matarazzo.

Good try, Adam. Good evening, everyone. I am here to share some information with you on the Federal Endangered Species Act. Brunswick County is one of 39 North Carolina counties where the red-cocated woodpecker is known or believed to occur. This RCW is listed as a threatened species under the Federal Endangered Species Act and is protected by the United States Fish and Wildlife Service. While the town of Leland does not have zoning laws specific to this bird, the 2045 Land Use and the Green Network Master Plan Framework Guide strictly regulates development in environmentally sensitive areas to protect federally protected species, such as this red-cockaded woodpecker. Therefore, we respectfully request that the applicant be required to submit a phase one environmental and wildlife assessment, including a qualified biologist survey for this bird's presence or suitable habitat as a condition prior to any rezoning approval or site plan submission. Please note that the Green Network Plan acknowledges that Brunswick County contains nine federally endangered wildlife species and specifically acknowledges the red-cocated woodpecker. As for Migratory Bird Treaty Act, all eight species of the woodpeckers in North Carolina and nearly all native birds are protected by the Federal Migratory Bird Treaty Act 16 USC 703-712. Under this Migratory Bird Treaty Act, it is an unlawful thing to take, kill, capture, sell, trade, or transport protected migratory birds, their eggs, or their nests without federal authorization. Take also includes indirect harm through habitat destruction during breeding season. Brunswick County hosts numerous Migratory Bird Treaty Act protected species of concern. Tree clearing during nesting season, generally between the months of March to August, without a federal depredation permit is illegal regardless of local zoning approval. Therefore, we request that the town condition any development approval on the following. One, a pre-clearing bird nesting survey to be done by a qualified ornithologist. Two, a commitment to avoid clearing between March 1st and August 31st unless U.S. Fish and Wildlife Services, thank you, authorize otherwise.

Last up, Mary Garcia.

Good evening. My name is Mary Garcia. I'd like to talk about the infrastructure and concurrency, the traffic schools and the utilities. Under General Statute 160D-605B, the reasonableness statement must address the benefits and detriments to the neighbors and the surrounding community. The proposed development on U.S. 7476 outside an established community like Compass Point will create significant traffic impacts, utility demands as water and sewer capacity, and school enrollment pressures that must be considered. To demonstrate that the proposed rezoning is reasonable, we demand that the applicant provide, or that the town require, the following as a condition of proceeding. One, a traffic impact analysis, TIA, demonstrating that the U.S. 7476 can accommodate projected trip generation without degradation of service below acceptable thresholds. Two, confirmation from H2GO, Brunswick Regional Water and Sewer, that water sewer capacity exists or can be extended to serve the development. And three, communication from Brunswick County Schools regarding school capacity impacts. All three must include the impact of 9,000 new houses, hospital and retail, excuse me, and retail that were already approved for the Terrapin and East Lake communities. Can the Board confirm that no traffic analysis had been done for the portion of 7476? Current lawsuit between the applicant and the Town of Leland. We should notify this. We recognize that the applicant has a long history of development activity in town, including ongoing legal dispute with the Town of Leland. To help residents feel confident in the process, can the board outline how it will ensure a fully objective and partial review of this rezoning petition independent of any past interactions with this developer? Thank you very much.

through those that signed up. Is there anybody else who wants to make any comment at this point in time? Yes.

My name is Linda Gallo. I live in Compass Point. And I just have a couple of comments. First of all, realize that a lot of us here are, we are not taxpayers for Leland, okay? So thank you for listening to our opinions on that because I know that you, beholden to us for your positions here. The couple of things that I have to say is one is a challenge to you as a board. We have not heard what your commission is recommending. So we're speaking and we don't even know if they're gonna say yes, the plan fits into everything that the town is for or it doesn't. So you're just hearing from people who are disgruntled with the general state of affairs. I would also like to mention to you, and I don't know if this is a good or a bad, but the recent development over and around Harris Teeter The residents there, who are residents of Leland, protested quite strongly that they felt that their quality of life would be diminished by having development literally overlooking their backyards. And you allowed that. It's there and it's looking over their backyards. So my question to you is, and as a general statement, is how are you looking at these things? We are, yes, I understand, it's one issue that is before you now, but you have an overarching plan. I haven't heard anything to indicate that you approach everything with this overarching umbrella. This is one thing. The developer is saying, well, you better approve the annexation because if you don't, look what the county will let us do. It's going to be even worse if you let the county, the county zoning tell us what we can do. So that's really the stick that's wrapped in a carrot. for us here, okay? Because that's what the alternative is. The alternative is, let us do it this way with the town council, or we're going to use the county, county zoning, and boy, then you'll see what you're going to get. You guys don't live under a rock. You know all those county people. You know how this is playing out. I am challenging you to look at Leland in its entirety and the surrounding areas. There's a reason why developers want to leave the county and come to you. And I am asking you to look at us. We're on the border of the county. Someday we may even have the right to request you know annexation to leland as well we will have that right when eventually we own the right to do whatever we want to do with our own property and i would ask you to consider us and i would ask the developer i know i have six seconds I wasn't at the last meeting, so if you did add more natural area, I applaud you for that. But I also remind you that a running body of water is more than just the water. Ma'am, thank you. Think bigger. Think bigger.

Thank you.

and I promise you this will be the shortest comment tonight that you will hear. First of all, thank you for all you're doing and wrestling with this stuff. I know it's not easy and I applaud you. Well, I was hoping somebody else would mention this so I wouldn't have to get up here, but they didn't. So has anybody thought in terms of a traffic study about the convenience to Interstate 140 that it would be for the trucks on Interstate 140 to have a truck stop right after off of 140. So by putting this truck stop here, what we'll do is add additional traffic to an already overcrowded road. I hope that that consideration will be included when you do your traffic study. That's all I have to say. Thank you very much.

Thank you. Yes, sir.

My name is Bill Herland. Uh, I've been living in compass point for 11 years, enjoying my retirement. Uh, I wanted to address, uh, to me, I think the gorilla in the room, which is the low density, uh, commercial zoning with the county put in place. I agree that they could do anything all listed underneath it, but I'd like to read what low density commercial zoning is. It's a district designed for small business activities that serve immediate needs of surrounding residential communities or neighborhoods. These zones prioritize compatibility with the nearby homes, limiting the intensity of operation and the physical size of the buildings. This is aiming to limit high intensity traffic congestion while serving the local needs. And everything, I know they've already tried to be kneeling with Brunswick County on what they can do and can't do. And they can't do what they wanna do now, so they're coming to the town. Let's annex this property, let us do what we want. One of the other things I looked at in their previous concept design, they're gonna increase the population density, take this area from being a rural area to urban. And he said that in his last presentation, that it would be an urban residential commercial district. We moved out here to be in a rural part of North Carolina. Some of these other things they talk about. Typical uses. Neighborhood serving businesses such as small scale retail, personal services, saloons, boutiques and restaurants. Not super Walmarts. The county would not allow that. It also requires, limits the height of the building so it won't obstruct the view. If they clear cut everything, they're gonna be a clear view of three story high apartment buildings. Just as it is at the west gate. And one of the things that I'd like to address from my background, this area going in on both sides of the Compass Point East Wind is a riparian buffer zone. All the rain that comes down in these intense storms we get, it gets absorbed, it gets cleaned before it goes into Alligator Creek. We clear 80 acres of impervious land. This is going to run directly into Alligator Creek with a truck stop, which how much contaminants come from the trucks that go under the pavement? So I say, you know, whether you annex or not annex, I don't see any problem with low-density commercial zoning because it's got to be limited by the scope. And this scope is not small-scale. This is very large-scale.

thank you thank you not seeing any i'm sorry i didn't see you oh good evening and i want to thank you as well for uh

the time, the opportunity to present our opinions, our concerns. My name is Lee Faunier. I live at Compass Point. I retired here from the Navy, from shipbuilding industry. I've been involved in a number of construction and projects of much larger than what we're seeing here. My main concern is, and it's been expressed, but I'm going to restate it, is the entrance into Compass Point. It's a restricted, a lot of people are making an assumption that it winds in the air and it's beautiful. Well, that doesn't necessarily mean that it's going to stay that way following the development. And the reality is that is an exit, an entrance to a community of, it's been stated, 2,000 homes, 35, maybe 4,000 senior, mostly senior residents that might require emergency actions coming in through that road. It's a bottleneck. And whether it be county or town, it's still going to be a bottleneck. A suggestion would be in having a planning board zoning with limitation, that the east parcel be limited. I'm convinced it's going to happen one way or the other, but be limited to residential and small retail. No trailer trucks coming in on east wind, small vehicles. not having a circle in that east wind because there'd be no, my proposal would be that there'd be a couple of curb cuts on the east section for those residents and small commercial businesses, but you'd have to, as a board, restrict it to that zone with exceptions and certainly not a gas station.

That's critical to the...

decision you can be making uh... and that the uh... it's been mentioned melmore uh... loop would be the the primary or not prime the main entrance into the retail uh... development and perhaps uh... an exit coming into we east uh... east wind but not an entrance into the uh... retail uh... west section And before this meeting, because of my belief, I went to the Lord and I asked him to watch over not only the comments that have been made here tonight, but the reception of those comments. And I finish with that note, that it's not your decision. As far as I'm concerned, it's his. And you're his conduit. So with that, I close. Thank you.

OK. Oh, yes? Can I speak from back here? No, you'd have to come up to the podium. You don't have to run. Just take a minute or two.

My name's Mary Kaye Odding and I live in Compass Point at the West End entrance. I'm a retired nurse and I'm concerned about the EMTs and the fire trucks coming into our neighborhood. Our Sheriff Brian Chisholm was at our Grand Lanai several weeks ago and a man that lives in Compass Point collapsed on the tennis court. And those bells were ringing. You wouldn't have believed how fast Sheriff Chisholm ran to assist. Minutes count, seconds count to get the defibrillator and save a life. And I'm concerned that these fire trucks and ambulances will not be able to come and help us. And Sheriff Chisholm said, most of the calls we make at Compass Point are medical. And we kind of chuckled. We're all getting up there in years. But we need assistance. We need medical care. And I don't think we're going to receive it quick enough to save a life. Thank you.

Thank you.

Anybody else?

Okay. Do you have one second? We have someone else.

My career was 41 years as an auto claims adjuster and investigator. I've looked at thousands of wrecked cars, thousands of accident scenes, thousands of police reports. What you're going to be doing to this highway, it's an accident waiting to happen. They did mention traffic studies. Before any decision is made, traffic studies to find out what's coming off of the i-140 coming 70 miles an hour coming out to 74 down to 55 miles an hour how many traffic lights are you going to have to slow down the traffic coming through we have a blind spot right now at the east gate i crossed over there just to shoot across you could barely see all the lanes coming through What I'm going to say is before you make any decision, get extensive traffic evaluations all the way up to Terrapin. See how many more people are going to be living here and how many more people are going to be exiting that highway with vehicles doing 70 miles an hour. That's all I'm asking is do some good traffic studies.

Thank you.

else okay mr. nylon would you like to make a recommendation for staff please so staff is recommending approval and suggest the following motion which is on your screen these touches upon the points of 2045 that were on the screens prior to the public comment in regards to that this is also within your packet it was in your memo as well as in front of you tonight and with that I We have a planning board deliberation where you have your motions, and you have the motion to recommend approval. You have the motion to recommend approval with a modified version, motion to recommend denial, and motion to postpone yet again. And that's with that. We'll leave it off to you.

Okay, thank you. Now, there is from the board, is there any discussion or questions for the staff or the applicant from the board?

I'd like to ask for the applicant, if he could come back up. Thank you, I appreciate your coming back up. Of course. One of the biggest issues, and we received emails and comments here tonight, is on access, and you addressed that briefly, but I also know that a transportation impact analysis was completed in November, which I believe has been shared, and I was wondering if you could lay out for the planning board

those improvements that you're contemplating and the timing of them so if i may respond to the first note about um access over east wind right and then also your question about the cia which i'm going to address in two steps one that i can answer and one that i'm going to need to lean on my client to help First, with regard to access over east wind, staff explained accurately at the beginning that that's not really a subject related to zoning. It's not a terribly interesting topic. There is an easement that's well established. That easement was established in anticipation that this land would be developed and that it would be developed with intense uses. That easement also contemplates the possibility of not only connections to East Wind, but improvements within East Wind. And so, even though it's not related to the zoning, I wanted to take the opportunity to clarify that for your benefit on the planning board. Second, with regard to the TIA, there has been a TIA that's been complete. I think there's sometimes a misconception that a TIA is about a allow something to be developed or not allow something to be developed. It's not. As you noted in your question, a TIA is a process by which, in this case, the DOT and the landowner collaborate to evaluate what traffic improvements are necessary and appropriate to the public infrastructure in connection with the curb cuts that are being granted to the public road. And there is a list of contemplated and recommended improvements. I couldn't give you a timeline for those improvements. I may be able to identify with a little bit of detail some of the improvements that are contemplated, but I need to walk back across the room to do it.

And I want to be fair. The planning board's role in this is recommending the initial zoning. The TIA, the developer agreement, all come after us. The planning board has no role in that process. But I think it's important for the folks who've raised good questions to understand that some of this has already been done. And that as we look at it as a planning board, whether or not what is being asked is consistent with 2045, et cetera. So I want to be fair and put that out there. I appreciate the fact that you would share that with me. And while your assistant is looking at this.

This is my assistant. She's my boss, just for the record.

Thank you, ma'am.

But I agree with everything you just said. You're right.

The second thing was that you have access to water and sewer for your property.

Yes, sir.

Yeah, you do. And so there is no, just for factual information, there is no sewer moratorium in Northern Brunswick. And the county is working through their problems in the southern part. One of the things that we're working on are changes to our uniform development ordinance. And I was happy to see the requirement that we require LED lighting as part of the process. And so I would just ask, though I have no authority to be able to ask this, is that you consider if this is approved, even if we say no, the town council gets this dark sky compliant lighting, so there'd be less light trespass from the project.

I'm sorry, I just didn't understand what you said. Which type of lighting?

Dark sky compliant.

Dark sky compliant. Got it, got it. Well, and I mean, it's worth noting that The way that this has been designed by incorporating the multifamily over almost two-thirds of the property is going to be inherently less light intensive than what could be developed by right today.

I hear you. But I just, we're working through that. We're going to be making changes to the UDO, and I'm hoping one of the things that we do require is dark sky compliant across all our zoning districts over time. I am presuming, because I know you never assume, that the corporate entity, the developer, would comply with all aspects of the Endangered Species Act. No one has the right to be able to say, oh, we're not going to do that.

That's absolutely not voluntary. You're correct. A phase one has been completed on this property and verified that there are not endangered species on it. But above and beyond that reality nothing about zoning approval and annexation by the town of Leland Enables this developer anybody else to break the law the other issue just just so in my mind is clear was the issue of

being some sort of physical barrier to the residential community. So as you're working to work this through, there would be some sort of fencing that would separate the back end, the apartments, to the residential area.

Well, this isn't a proposed conditional zoning, so we don't have the mechanism to incorporate that. We are beholden to the buffer requirements, and I would need to look to staff. Because there is that 100-foot-wide CPNL easement, I don't know how you interpret the buffer requirement on the backside of the multifamily abutting that easement. Right. Whatever the requirements are, though, we would be bound to follow.

And let me apologize to your colleague, your boss. Thank you. And as she looks up what the improvements were going to be. Again, realizing it's not part of our bailiwick, but I think it's a considerable issue that people have in terms of this project.

And so before Candy speaks to what the improvements are, there's a couple things I want to clarify. One, Agree with you, absolutely. Beyond the scope of zoning, responsibility of the DOT. Two, it's dynamic. So these are the improvements that are currently on the approval, and I think that they're likely to be the ones that ultimately are incorporated. But I do want to be very clear that it's possible that the plan of design and development evolves, and therefore that the requirements evolve. It's also possible that through negotiation with private owners to get rights of way and the like that some of the improvements are adapted between the DOT and the developer. Having said that, let me let Ms. Candy Alexander explain to you what we currently anticipate the TIA required improvements will be. Thank you.

I'm just going to hit the high points. The TIA was done. The TIA took into account all of the development in the whole area, not just Compass Point, not just our traffic, but also the traffic that will be with Terrapin and all of the neighbors through that whole corridor. And it addresses issues from where I-140, the on and off ramps there, all the way down past through Malmo Loop and through the next intersection there. I don't have my fine detail report, so I'm gonna hit the highlights, but the requirements of the TIA right now that have been approved by the WMPO

And could you just explain what WMPO, I know, but a lot of folks, there's a lot of acronyms in local government too.

Okay, I'll do my best. Brunswick County, Leland, Wilmington, all of those different communities work with an organization which is WMPO, and I think it's Wilmington Metropolitan. Washington, oh, I'm sorry, Wilmington Metropolitan Planning. And they, as a group, review any TIA that comes through, all of the numbers. So not just DOT approves it or the towns or municipalities, but also the MPO. They meet on all of the results, all the numbers, and together they determine what with the traffic counts they feel are appropriate levels of service. And it's a pretty long report. It's a pretty long summary. But the basics are at the US 74, 76, and I-40 eastbound ramps, they're going to require construction of an additional eastbound left turn lane. And all of this includes, you know, some of it will include new stop signs or stoplights. Some of it will be reconfiguring of them. So that's the first one, and it is modifying the signals there. And then US-7476 and I-40 westbound ramps. Again, they are to reconfigure the southbound approaches of the I-40 westbound off-road ramp to provide a left-turn lane and dual right-turn lanes. Again, that signal will also have to be modified. At US-7476 and Compass Point Eastwind, We will have to extend the eastbound left turn lane on US 74-76 to provide 250 feet of additional storage and approach, full width deceleration and taper. We have to reconfigure the southbound approach on Compass Point Eastwind to provide dual left turn lanes, each with full width storage, and install a traffic signal and incorporate it into the signal system. U.S. 7476 and westbound U-turn west of Compass Point. It's existing unsignalized intersection to construct an additional U-turn lane on 7476 with 200 feet of storage and appropriate full width decel lanes and install a traffic signal. U.S. 7476 and State Road 1417. That's the Malmo Loop section. Convert the intersection to a reduced conflict intersection. The opening of a median break will be required. A request approval of the NCDOT. At US-7476 eastbound to westbound U-turn east at Malmo Loop Road. There are no improvements required by us on this one. US-7476 and westbound to eastbound U-turn west of Site Drive 1. Construct a median break to provide a westbound to eastbound U-turn lane with 200 feet of storage and appropriate full-length deceleration and taper. and install traffic lights signal incorporate into the system and then on when you actually get into compass point they have made different recommendations um the recommendations that are reproved right now the first crossover would not have a roundabout the second crossover would have a roundabout that has to do with making sure that there's not too much stacking they don't want traffic backing up out on 74 76 so that's why it has the roundabout at the second one because it's very limited between the turn in and the first and then compass point east wind oh that's it that's the site drive three where they propose a full movement roundabout and those are the main okay points on that super it has been the

I know it's been shared and Mr. Andrea had shared it with some folks in the community who have asked. So thank you very much.

One of the other things I'd like to address too, we did have a meeting with a couple of the members of the community that did contact us and asked to meet with us. And one of the things that was brought up is about a fence being installed behind the multifamily area that would be on the westbound side there's a section that is closer to the cpnl and that was one thing that we voluntarily said that we would do although that's not a part of this process as part of the planned development process is that we would provide a fence behind those

Thank you. Thank you very much.

Mr. Lazar, could I interject once? I think you've raised a really good point here. I was going to ask at some point, I don't mean to interrupt you, but at some point I'd like to ask Mr. Nyland if you would also give a brief description of the TRC process, because I think that'll answer a number of questions that came up today, too.

That was going to be my next question. I think one of the things that... For those who were not here at the last meeting, one of the... We are just a recommender in this. We have no recommendation on annexation whatsoever. That's not in our bailiwick. We're asked through the staff by the applicant, this is what our initial zoning, this is our request. That is our sole role is to say yay, nay, change it, whatever. There is an entire separate process that Andrew laid out in terms of town council has a public hearing on April 16th to consider the annexation and they get to vote yes or no. Then there's a hearing, another public hearing for the zoning. that the applicant, what we decide, or if the town council can change it on their own as well. But I think it would be really important, and my colleague has always brought this up, there's, if approved, there's a very significant internal process that needs to be done, which includes public safety, fire department, schools, the medical folks. So Andrew, I just ask, perhaps if you could just let folks know how that process works as well.

Maybe just kind of who the groups are.

Yeah. So we're speaking about the TRC. That's the Technical Review Committee. So this is a committee that is made up with the various different town departments as well as external partners as well. So town departments, you're going to look at engineering, our streets, planning, our management teams on there, the whole scope of items within the town's jurisdictions. And then outside of that, you also have water and sewer fires. We have H2Go. You have Brunswick County Schools, Brunswick County GIS, Brunswick County Sheriff's Department, Brunswick County Electric. We have about, I would say, 45 to 50 individuals on an email list that has the chance to review and comment. They have plans for about a week and a half. Um, and they provide that to the planning staff who would then just turns that to the applicant in regards to whether it's a development site plan or a subdivision plan. So the idea is that the applicant is then have to revise their set of plans in order to meet whatever requirements there are of other jurisdictions or our planning or zoning ordinance in regards to that. And they go back and forth until there is a plan that meets those improvements or those requirements, excuse me, At that point they receive an approval and they start moving forward with any potential other permitting process, erosion control permits, stormwater permitting, all until they're ready to pull building permits. So the technical review committee is really the first step in terms of whether or not a site meets the zoning code or the subdivision ordinance, depending on what is being provided and then moves forward into the different permitting aspects.

I might also add that as an advisory basis, even the Planning Board, having listened to you tonight, has the right to throw advisory comments into the TRC issue, too. Other questions for either the applicant?

It's just one last thing because, you know, at the last meeting, I said this is not about something or nothing on this property. I mean, it could be developed under the county rules. or the town rules. And so just as a point of fact, apartments are permitted under the county zoning. Permitted under the county zoning. Yes, sir. OK. And so big box retail, as you mentioned, is allowed under the county zoning.

not only is it allowed under the county zoning, but if you have 150 acres of commercial land, you can build a much more substantial big box than you could on 54 acres of commercial land.

So, I mean, to I think Mr. Carey's point, because he's done this and he's been involved with it. And having been a former elected official, I'm still getting over that. I'm on year 11. So the fact of the matter is if you get involved in this business to be popular, Forget it. It's not gonna happen, but I appreciate all the comments that were made and the manner that they were given. It's really important for us to hear them, and I give back my time. I apologize if I went on a little bit.

I didn't mean to interrupt you like that. No, that's okay. Other questions are for either staff or the applicant.

I have a couple comments. First of all, I want to say that following the last meeting where we postponed, I did see progress made based on comments made by this board and by the public with respect to providing certain conservation areas within that zoning district. I thought that was a positive. It may not have been enough or whatever, but it shows a willingness to go that extra step to try to satisfy the concerns of our board and of the public. And I just wanted to commend you on that. I did hear a lot of concern raised tonight about the character of the driveway going in, the east wind, I believe it's called. I would like to have at least some expression of support for trying to preserve at least somewhat of a residential sort of character, but still meet the traffic requirements of that road for both the residents and for any potential development that is going to be serviced by that road. Certainly that is an important part of what happens To Compass Point, the one woman's concern about getting emergency vehicles, fire trucks, ambulances back into the area needs to be addressed and taken care of so that it preserves their right for that type of service as well as any new services that are provided with the new development. So I would hope that there would be a commitment on the part of the developer to look at those kind of things and include them in their development plan.

Yes, sir, Mr. Whitney. I'm pleased to respond to that. I want to be deliberate in noting that ultimately the changes to that road will be made pursuant to the conversations between staff, the owner of the road, and the easement holder. And so I'm glad to respond conceptually and with an idea about where that goes. but I want to be very careful to not do anything that would be misleading, which is, I don't want to suggest that anything about the zoning process specifically would control the manner in which that would. I also heard tonight a number of people, um, make reference to what their expectations were when they purchased their home or what the seller represented to them when they purchased their home and the like. And I'm sympathetic to that. Um, Please understand that this landowner is not the same developer that was involved in developing and building those homes. Please also understand that this easement has been in place for a very long time. The intention has been between the private party landowners, the developers, to incorporate that road into use for not only Compass Point, but also the future development of this land that we're talking about. Now, with regard to your question, Mr. Whitney, what's it going to look like? How are we going to do that? I want to offer two points, practical points, for reassurance. First, this developer is interested in selling and renting property. His motivation is to develop the land well in a way that's appealing to the market, to the future residents of Leland and to the future users of those commercial opportunities that will be located nearby. Therefore, his interest is aligned with those who would like to see that road look good and operate well. The second thing I would offer is the road has to practically work. It's not a matter of it just being a legal right to utilize that space. It has to practically work for its intended purpose for the benefit of all. And in that regard, the developer's interest and the interest of the homeowners in Compass Point are aligned. I get it. I'm sympathetic to the reality that up until this point or up until this conversation, the big landowner up front hadn't been using much of that road at all, if at all. even though it was intended to be used for that, ultimately used for that purpose, the reality that it hasn't been used for that purpose yet is probably uncomfortable for those who use it today. And again, I'm sympathetic to that, but I also have to point out that it was always the intention and always the legal right for this land to utilize that roadway as well. Have I answered your question? Thank you.

Any other questions? Yes.

Well, I would just like to say that I certainly appreciate everything I've heard from the Compass Point residents because I almost bought a home there. And to be perfectly honest with you, until this particular situation came up, I just assumed that that front greenery was part of Compass Point. I had absolutely no idea. Nothing was ever said by the developer or anyone else that that was not, so perhaps that should have been purchased by the developer. So you have very good and legitimate concerns and I appreciate all of that. It's absolutely correct what you're saying.

Comments? Yes.

Just not to put you on the spot, Andrew, we're talking about a couple of different zoning areas within here, right? So this would fall under current policy, which we have a screening landscaping development plan within our ordinances. There are buffers between different areas. Correct, and I'm not expecting you to come off from memory of that, but there are different requirements for buffers between different zoning districts as well, correct? So there will be some variability in the screening of certain zones versus C3, C1, multifamily, correct? Correct.

Partially correct. So, um, so yes, we do have screening and buffer language in regards to our, um, zoning ordinance. So when a development site comes in, we look at the adjacent zoning districts as well as adjacent uses. And that will determine the width and the size of that buffer length. So, um, when you have maybe we'll just use an example, bank to bank, you may not have a large buffer as if you had maybe, um, a bank to a multifamily or something like that. You met buffer. The multifamily is more than likely going to have a larger size with buffer. Um, and those buffers for every 100 feet are going to be essentially eight different size trees for medium size for canopy size. And then I believe it's 20 bushes or if not 40 bushes, I can't remember off the top of my head. But, The idea is to set a screening level and that's for every 10 feet of 100 feet. So 10 feet wide, 100 feet long. So if you have a potential 20 foot buffer or even a 30 foot buffer, you're going to see that either double the size or triple the size. Again, that's all based upon at the time of submission of what is going to be applied to at that point. So if, the individual parcels come in, each individual parcel may have a different set buffer based upon the zoning district or the use that's already existing.

And that's not something that's variable, that is per ordinance.

Correct. So with that, I think there's also language in there that could perhaps, within those buffer zones, allow for a developer to keep the trees that are already there. as in not have to clear cut and replant if that is feasible, correct?

There is a potential for that. Yeah. So if that's something that's the case where let's say they want to use existing vegetation, they would essentially will have to provide us like, Hey, this is what we have. Staff typically goes out and does a site visit and see if it's meeting the intent of the ordinance and see if these are trees that are essentially worth saving. Obviously if it's a, dying tree. We're not going to count that tree or shrubbery towards that calculations. So there is an opportunity for essentially trees that are already existing to be part of that buffer language.

And I wish everybody could have seen Ben Andrea's presentation for caliper size of trees where Ben actually came and had a representation of what we're talking about because I think as the planning board we do recognize that when you see clear cutting and they replace it with a tree that's about this big, how long is it gonna take for that to actually produce any type of screening or things like that? So I just wanted to confirm that. Thank you, Andrew. No problem. Any other questions?

Seeing none, then we'll close the public hearing. And at this point, then, we'll be going into motions and so forth. So I would ask if anyone would like to make a motion in regard to this zoning.

I was about to if you didn't. I make a motion to recommend approval of the application as recommended by staff. The recommendation being presented on the screen here presently. I'm not going to read it, but it's been presented and I recommend that it be approved and sent forth to council for their final determination.

Do I have a second?

I'll second it.

Thank you.

We have a motion and a second. All those in favor? Aye.

Aye.

All opposed?

Motion carries.

Thank you very much. At this point, we're going to have a five-minute recess, please.

Mr. Carey, can you make a motion for that, please? Yes, sir. I need a motion for the recess.

Motion.

The recess is over. We can move on now. We'll go to action item 7.1. Does anyone have a conflict of interest or disclosure statement to be placed on the record on this? No. Seeing none, then we're ready to proceed. This is the initial zoning recommendation and connection and the voluntary annexation of Brunswick County tax parcel IDs 028000112, 028000113. A request by Malmo Loop Farm LLC. to initially zone approximately 103.94 acres in association with the voluntary annexation petition. The subject site is located along Colin Mintz Road and west of the East Lake subdivision. This is a public hearing. We'll hear a presentation from staff, then applicant will be allowed 15 minutes for a presentation. We'll then hear comments from members of the public that have signed up to speak. First, from anyone in support of the proposal, and then from anyone in opposition to the proposal, Public comment, as before, is limited to three minutes per person. Staff presentation. Mr. Watts will now present the staff presentation for the initial zoning recommendation.

Thank you very much. So we've got the initial zoning recommendation for these two parcels on the screen. I won't bother reading them again. Alan, you did a great job of it for me. So a couple considerations for zoning map amendments. We saw some of these similar slides in Andrew's presentation. But just to hit on the highlights again, two overarching themes to keep in your mind as we go through this presentation. The first being, does the proposed zoning map amendment align with and advance the goals in our adopted plans, namely Leland 2045, Gateway Infill Plans, Leland IMP, and various others, as well as are the permitted uses in the proposed zoning district or districts appropriate for the area? This next slide will look pretty familiar as well, just noting where we are at in the annexation process overall. We're at the initial zoning recommendation portion. Depending on what you all decide tonight will depend on what the next step is, whether that's postponing and coming back or moving forward to town council with a recommendation. Wanted to highlight some of the public notification elements that town staff participates in. for public meetings like the planning board meeting these aren't required by state statute they are for public hearings like a town council hearing but nevertheless we advertise the same and above state statute requirements for public meetings the same as we do for public hearings so in this case there was a star news advertisement the site was posted with signs and mailers mailings were sent to property owners not just adjacent to the subject site but all those within 500 feet of the subject site we posted on the town's sunshine email list there was a social media posting as well as posting to the town's website when the agenda was published and of course when we move forward to town council there will be additional notifications prior to that meeting A little bit of background on this particular item. The applicant is Malmo Loop Farm LLC. It's for the two tax parcels on the screen there. We'll take a look at a map to show you where those are located. But it's just shy of 104 acres. It's currently undeveloped. There is a gravesite present. We'll go over that in a moment. The area is located along Colon Mints Road adjacent to the East Lake neighborhood. and they are requesting to rezone or initially zone pending annexation from Brunswick County's RR, that's Rural Low Density Residential District, to Leland's R6 or Medium Density Residential Zoning District. Here's the vicinity's map to get ourselves situated. The two parcels are highlighted in red there towards the left of the screen. Northern side, we have Terrapin planned unit development, the Terrapin neighborhood. Immediately across Colon Mints Road, we have the East Lake subdivision. These two parcels are located along Colon Mints Road, have access via that road, closer to the intersection between Colon Mints and Malmo Loop Road. We've got 7476 and Interstate 140 to help with referencing ourselves. Taking a look at the aerial map here, like I mentioned, they're undeveloped. Highlighted in yellow is a small family plot grave site. It's about a half an acre or maybe just shy of a half an acre in total size. But other than that, there are no present structures or other site features. Here's our special flood hazard map area. You'll note in blue, there's a portion of the larger southern parcel that is identified as AE flood zone. That's the 100-year flood zone with established base flood elevations. The purple area or the A or unstudied 100-year flood zone is essentially FEMA's best guess at areas that might contain AE flood zones. In order to develop in those areas, a property owner would need to complete a flood study first. which would identify if those areas are in fact flood zones, and if they are flood zones, what the base flood elevation is. That base flood elevation is really gonna set the standard for at what point on a structure are we requiring certain floodplain development regulations and requirements. Taking a look at our current zoning map here, it's majority red when you look east, or sorry, west of East Lake. The red is signifying county rural residential. Across Colon-Mintz Road, we have areas in the town of C1, that's our neighborhood commercial. We have areas of Conservation District, areas of R6. That PUD portion you see there poking up at the top is the Terrapin planned unit development. And then we have a portion of Leland's Flex Code Zone, that's a form-based code zoning area there out to the east. The county RR zoning district is primarily intended for agricultural or low density residential uses. They primarily guide development towards well and septic, individual well and septic for water and sewer services, but they do allow clustered residential developments to be on municipal water and sewer services. We'll talk about the specific uses in a second, but the proposed zoning for this area by the applicant is Leland's R6. Again, that medium density residential zoning district. That district specifically is essentially set up for medium density residential, unsurprisingly. It's primarily comprised of single-family residential, be that detached or townhome style uses. It prohibits most industrial and commercial uses that would conflict with a residential zoning or residential use type. Taking a look at the dimensional standards and how they compare, there's a few different categories here because depending on, in the counties specifically, jurisdiction, rural residential. If you have a non-residential use, one of the commercial uses that might be permitted by right, you have a certain set of standards. If you have a residential use that's not on municipal water and sewer, so well and septic, you have a certain set of development standards. And then if you are on municipal water and sewer, it's a different set of development standards. So you can kind of see how things tend to be larger. Lot sizes, sometimes setbacks, although they're pretty similar here, versus well and septic and municipal water and sewer. And then for non-residential uses, the minimum lot size is even larger and you have increases in setbacks and lot widths. The last two columns are the town standards for R6. You have general standards and performance standards. The difference between general standards and performance standards is in the design of the neighborhood that might go in an R6 area. To meet performance standards, it's relatively easy. You need to provide paved roads, curb and gutter, street lights. and a few other buried utility lines and be on municipal water and sewer. So it's maybe not commonplace 30 or so years ago, but it's certainly commonplace for new developments these days. So looking at those performance standards, instead of a minimum lot size, you have a maximum dwelling units per acre, which is slightly lower than if you were operating under the general or non-performance standards of R6. The setbacks are roughly the same. You have a little bit of a decline in setback in that front setback between general and performance standards, but for the most part, the rest of the dimensional standards are relatively similar. Taking a look at the permitted uses and comparing them between what is currently zoned rural residential and the proposed zoning district of R6, And in that green color, that'll be things that are permitted by right. Yellow color would be things that maybe have different approval standards tied to them, whether that's in the county as limited standards, which have certain administrative adjustments up to staff and other development or design considerations or conditional zoning district considerations. So just a couple slides here with some various uses. On this first page is primarily residential-based uses. Second page, we start to see some more commercial or non-residential type uses. You'll notice as we progress through these that some of the things that are allowed under the current zoning district fall off of what would be allowed under the proposed zoning district. And that's primarily just due to the fact that R6 limits commercial uses to a higher degree when compared to the county's rural residential uses. So a couple more here, again, on the commercial side as opposed to residential. So taking a look at our future land use map as we do with all zoning map amendments, whether it's initial zonings or rezonings. Again, this future land use map is included in that Leland 2045. It's intended to guide development and identify areas that may be suitable for development or areas that may be less suitable. Taking a look at the subject site, we've got a couple different categories here. We've got areas of moderate development potential, areas of natural resource oriented development potential, as well as areas of ideal conservation preservation areas. I can always flip back to it, but if you remember the special flood hazard area map, those areas shown here in green, the ideal conservation preservation areas, follow pretty closely those A zones or unstudied special flood hazard areas. Medium development potential areas are suitable for a couple different things. Typically you'll have conservation communities, amenity communities, or traditional neighborhoods in these locations. Natural resource oriented development potential you'll typically have as protected or open spaces. Conservation communities are generally speaking low impact developments. And then of course with our conservation and preservation areas, we tend to see protected or open space uses, limited development uses in those locations. our, uh, adopted land use plans. There's a couple of strategies that, uh, this proposal aligns with the first being considering development forms that are more resilient to environmental hazards. Um, now it might not be abundantly obvious, but with our six districts specifically with performance standards and not having a minimum lot size, it allows a land owner to cluster their development in areas that make sense on their property. So if you had, let's say, a minimum lot size, strictly minimum lot size, and you tried to get a certain number of lots on a property to make your project profitable, you would be subject to that minimum lot size standard, which may push lots into areas that you really didn't want to develop in the first place. Substituting a minimum lot size for just a dwelling unit per acre maximum allows folks a little bit more freedom in lot size and product types to cluster and still obtain the amount of units that they think will make their project work, but not let them bleed into areas that they had no intention of developing in the first place. or might not want to. Maybe that's areas of flood zone that they just don't want to encroach into or in areas of wetlands that even though permitting channels exist, maybe they want to stay out of those for various reasons. So an R6 with performance standards zoning district allows that flexibility to stay out of areas and develop your uplands. Another Leland 2045 strategy is expanding town boundaries based on infrastructure adjacencies with existing development and availability of community services. So in this area of town, we've got two driving forces that are essentially extending a lot of utilities in the area that might not have been existing previously. We have the Terrapin neighborhood as well as the East Lake neighborhood that have made rather large investments into utility infrastructure to get the correct water pressures for developments along Malmo Loop Road, as well as are going through the TIA processes and increasing the capacity of the local road networks. So this is something that additional properties, if they want to develop in the future, can make use of, can benefit from. Other considerations from Leland 2045, there is a strategy in there to zone land areas based on their natural environmental condition. So typically we see that when there's features on a site that are either completely undevelopable or very difficult to develop. We will expect in some cases that those areas come to us identified as conservation district areas or some other limiting factor, be that through zoning or another means of conservation. We also, throughout Leland 2045, there's a lot of importance placed on a mix of uses. While an R6 zoning does not permit a mix of uses in and of itself, it's primarily residential. There's not many commercial uses permitted there. The subject site is still close to existing areas of C1 commercially zoned property, as well as flex code zones, which are primarily mixed use in nature. So again, the R6 zoning really doesn't harp on a mix of uses, but it is in an area that contains a mix of zoning districts, which in the future, as they get developed out, would provide a mix of uses. We do have the applicants here. They don't have a presentation, but they are here as we discuss if you do have any questions for them. So at this point, we can move through public comment before we wrap it up afterwards.

Okay. At this time, public comment, and anyone who signed up prior to the start of the meeting to speak directly about this action, maybe come up and speak. After all registered speakers have finished, anyone who did not sign up but wishes to provide public comment We'll have that opportunity. When your name is called, please come up to the podium. There is a three-minute time limit, just as in the last public hearing. And again, as in the last one, we will listen to everything it said, but we will not be commenting or having questions back. And so all those in support first. Do we have anybody in support?

We do not, sir.

OK. Then do we have anybody who wishes to speak in opposition?

First, I'd like to make the opportunity to anyone that would like to speak in support.

Is anybody in support who was not signed up but wants to say something? Okay, now, opposition.

I do have one person signed up in opposition, Roger Hsu.

Adam, did you get my... Well, first, don't hold it to me. Hold it against me that I don't have 135 people in supporting my position. I want to start by showing you a picture that illustrates why folks are opposed to rezoning of these large land areas that you're considering tonight. I give you figure one as a picture of East Lake, which is on the east side of Cola Mints Road from the subject parcels 112, 113. The map shows clear-cut areas that are up to one-half mile across without even one single tree remaining, and instead of leaving a buffer to lessen the shock of seeing such an eyesore, they tear down all the trees down that road and put in turf grass and a few non-native shrubs like that shown in Figure 2. Didn't the Leland 2045 plan say the goal was to protect and augment the natural environment that will keep people and investments more safe from flooding and to preserve critical natural environments? Some of these in East Lake were listed as high priority environmental properties, and there are some on the subject properties today, as has already been mentioned. In fact, your own future land use map shows that much of this site is ideal conservation or preservation areas. In addition, much of these parcels occur in the A flood hazard zone, as shown. And there's a flowing stream that is part of the headwaters that would be AE zone. That's in Figure 3. And Figure 4 further shows there are numerous hydric soils on the properties that are poorly drained soils, complicating stormwater runoff and flooding that would complicate anything that you're going to do for stormwater management. That's the physical environment. Now let's discuss the properties and who lives here. All the areas west of Cole and Mintz Road are zoned rural residential, including my land. Development here, as stated in the UDO, is for minimum lot areas of one half acre, so two dwellings per acre. R6 changes that to seven plus units per acre. Staff said it is reasonable and in the public interest to do this as zoning map aligns with existing adjacent residential areas. Well, that's obviously not true, as I just told you. They are rural agricultural type areas. All of the adjacent acreage is single-family residential. So let's be honest here. This is not in the public interest to be like what's in the adjoining areas. Isn't it a time you said no to developers that acquired land with a certain zoning restriction when they anticipate and know that no one is going to say no to them when they want to rezone to a higher density? They believe it to be an automatic right to increase density and are taken aback when families who have lived on a piece of land for over 100 years like mine has and want to maintain the zoning that has been present on this land and adjacent lands for all that time. Two of the principles mentioned in the Leland 2045 plan as shown in Figure 5 state that our natural environment supports and is essential to our economy and way of life. It also says development should be one in balance with preserving our natural systems. If you aren't going to adhere to your own plan, which didn't occur in Eastlake, and it won't occur here if you rezone this acreage, then don't say it or remove it. I oppose this and continue rezoning like this. Do the right thing. Say no to rezoning. Thank you, sir.

Is there anyone else who would like to speak in relation to this? If there's none, then we'll go on. Does the staff, I mean, does the board have any questions for Mr. Watts at this point?

I have a question. I'm concerned about the cemetery. Is that owned by the current landowners? Is that part of their family cemetery?

I would defer that to y'all. I think you know a little bit more about the cemetery and its status than I would. Yeah, the cemetery.

You can come up here so we can all hear. It's a matter of record.

Yes, the cemetery was, we discovered it after we had bought the property. So we are to preserve the cemetery and put fencing around it as the time comes. It was an existing old cemetery.

No, but have you registered it with the Department of Cultural Resources and Natural Resources?

It's registered.

And you're not going to disturb it? No, ma'am. You know what? Are you going to build houses around it or make it a natural area or what?

We're talking about we're just in the preliminary stages. We just don't know exactly what we're going to do.

Okay. Thank you.

If it went out of order, I think you were supposed to first give us the recommendations. So if you would like to go through that. That's my fault.

I apologize. Okay. So we'll continue that in a second. The staff is recommending approval. Suggest the motion on the screen. The first item being consistent with the strategies that we just went over in the last couple of slides. The second being reasonable and in the public interest as the proposed zoning map to a residential zoning district aligns with residential uses that neighbor it and provides the ability in this case to cluster development in appropriate locations while preserving those environmentally sensitive areas as I discussed when I was talking about R6 with performance standards.

Now let's go back. I mean, do you still have some other questions that you have?

Right. I was just concerned about the cemetery and that whole area because there is a under the Department of Archives and History and Natural Resources, you have to register these cemeteries. It's part of the process, state of North Carolina and US government, it's a process, yeah. I was just curious about that. And to make sure that it's understood, I mean, because once they start digging on this ground, no telling what's gonna be up under there. If they discovered this cemetery after they bought it, and then they start digging to build, no telling what they might find, so.

I actually have some experience in developing and having found a cemetery, too. A question for you, Ben. Is there any way they could legally move the cemetery?

I am not an expert on moving cemeteries, so I do not know.

If it's that old, there's mostly... We don't know what's under there.

I know. I actually was involved in one with a slave cemetery in there. It was a legal way, and I'd like to find out if that's the case here.

That is true. The statute does allow for the disinterment of graves and relocating them. It's through a public process. I believe that the statute actually requires the county commissioners to be the ones to give that approval. Fortunately or unfortunately, I do have had an experience earlier in my career with someone who proposed to move a cemetery. It didn't happen, but statute does have a process in which it could happen, but it will require some approvals through a public process.

And I assume there's no way, since it's a statute, that we could make a recommendation which would require that it remain?

No, not as part of initial zoning because it's not a... Conditional zoning we can't consider any conditions like this or anything Other questions or comments

was really I just wanted to ask with all the floodplain that has been identified I'm surprised that there's no recommendation on a conservation district for some of the properties that would be more environmentally sensitive than others

So those floodplains, there's a couple different ways to preserve those. One, of course, is through conservation district zoning. With a residential zoning district where essentially the next step for development would be the submittal of a preliminary plat, subdivision plat, we do have requirements for open space, and we have a requirement that your minimum required open space utilize areas of flood zones and wetlands first. So with some quick math, there's about 13 or so acres of identified AE flood hazard. Of course, without a flood study, I don't know what the A zone would be, if any. The roughly 5% of the project area should be, it needs to be active or passive open space, sorry. So that would be roughly five or so acres. So those flood zone areas would be the first to be taken up with that and protected that way. Of course, five does not equal 13, but it does provide another means of protecting those flood zones or wetland areas. Thank you.

I'm reminded of other conversations we've had with the board from people in this area about a lot of the issues they've had with flooding and water infiltration here. That weighs on my mind, frankly. Any other questions for Ben? Otherwise, we'll close the public hearing. All right, we will close the public hearing, and we go on to anyone who would like to make a motion. Do I have any motion? Okay, then I will make a motion. I have concerns about the cemetery. I have concerns about the, I think it's an additional density. I would make a motion to deny this. I would second that. Any discussion? All those in favor? Aye. Opposed? Thank you.

Mr. Chairman, before we leave this item, I was going to bring this up at the last item, but didn't need to, but do need to now. This slide on your screen is something that we use for rezonings and have been using it for initial zonings as we essentially call both of those things zoning map amendments. Why I'm bringing this to your attention is that option C, although erroneously was presented to you on this slide, is really not an option for you. State statute obligates the planning board to make a recommendation on a zoning, and so your recommendation can be something different than what was proposed, but in this instance, with initial zoning, you are obligated to make a recommendation.

Our apologies for misleading you with this line He to recommend it remain and there to be denied No, unfortunately not with a rezoning you could okay But the statute reads a little bit differently for an initial zone and then then I will modify my motion and take a motion that that we recommend that this be this zoning be conservation and We'll have a second.

I'll second that too. I'm sorry, what was the name? Conservation.

Conservation District.

Oh, I see.

Any discussion? All those in favor? Aye. Opposed?

Nay.

Okay, we have one opposed. Okay. Thank you for that clarification.

Staff apologizes. We're sorry that we led you down that path. Okay. We'll be sure to change the slide in the future if and when we need to, so sorry about that. So far. It's okay, man.

We'll move on to item eight, unified development ordinance.

Sure, thanks.

This is a discussion opportunity for the draft of article one of the unified development ordinance. This draft was included in your agenda package last month under old and new business. This is the section that essentially talks about the authority and just general provisions regarding the how and why we have a UDO as well as the administration of it. First comment would be that it says on the Watermark 216-2024 draft, that should have been 2026. I'm not sure why. We had it listed at that, but at this time, we'd like to hear from Planning Board if there are any amendments or discussion items or questions you may have for that draft language. I don't.

The one I sent to you, my comments anyway, did I not?

You're actually a month ahead, so. I thought I was. Right.

I thought it was for the next month, so I had no comments on the one that you first gave us last month.

That's okay, and that's good to hear. This is a relatively straightforward section. We didn't anticipate any comments. Sort of a warm-up for you as we get into the harder stuff. But just so I know, anyone else? Anything that we need to?

Yes, ma'am. I don't, I mean, even in the second one, I didn't really see much of a red line or anything. I'll defer to folks who are more experienced in the process than I am.

I just have some questions about how much value do certain terms in a way carry in a document. For example, you were giving the people like three days to get something back to you having to do with, what was, whatever I'm looking for, the grievance or something in the audience. But anyway, what I'm trying to get to is that just recently, The bank has started to give people five days for postal deliveries because of the changes with the postal service. So I was wondering if that three days could be changed to five for the future. I don't know what the future holds. I'm just curious. Does it matter?

If it makes sense to change something like that to allow more time, we can certainly do that. I'd have to go back and look to see where in this it said three days and whether we needed to change that.

It's like 1.94%. 9.4 computation of time. Ah, okay.

I would say that one other thing that could be done in that regard, since there has been discussion about post office issues here, and even the council did, is that you could, if you want to maintain the three days, make it postmarked by three days. In other words, as opposed to received.

It did say postmarked in there, but I was still trying to add a little more time to it, but yeah. Yeah. And the only other thing was in 1.9.9, the terminology that might give people wiggle room, so to speak, when using things like may, shall, whatever, and look at that terminology. I forget what the term was. It was like, to me, it was like they could if they wanted to, but if they didn't want to, they didn't have to.

That's in 199 that you're speaking of? Yes. This is where it's made that they may do something right to the wrong will won't right share that that's that's really the intent of this section is to say when the words shall must should or will are used that means they have to do it if it means may it's it's optional so that sets the tone for the rest of the ordinance that We have to be cautious about what words we use. If we want someone to do something, we need to use a certain set, and if it's permissive, then to use may.

Otherwise, I thought it was great.

Any other questions? Ben, if I could, first, I guess staff should remember to bring these to the next meeting, or are you perhaps want to present, have these available to us again, what you gave us For the next meeting, we've already got everything you gave us. Either we need to remember to bring them, or you need to have to have another copy here, so.

Did you get three?

The one that is in what we got here is actually for the next meeting. That's correct. And so what I'm suggesting is, while I've got it, I'll remember to bring it, I just caution the board to remember to bring this unless Ben's going to present the changes to you again at that point in time.

What would be the preference of the board? Let me preface that with the way that it was done in this process was intentional to sort of keep things moving, I guess is what I'm trying to say. If we kept including every section as we're going along, I think it's going to be harder to get some finality to each section, each section.

My preference is that just the board remember to bring them the package you got that we got for this meeting for the UDO. Bring it with you next time with any comments you've got written into it. That would be my preference.

So this is what we received in the minutes was chapter two.

What you received in the agenda for this month is Chapter 2, which is what we'll talk about next month.

We will be reviewing it next month. That's right.

So the idea here is that you got it last week. You've got the next four weeks to jot your notes and hopefully bring those with you.

Okay. Can we respond? I did some review of Chapter 2 here. Can we provide... to the staff written comments before, or you want?

Yeah, absolutely. That's totally permissible and helpful. If you want, just send me an email with your thoughts and comments. Go ahead and do that. And then if there are things that you think that would benefit the group to discuss at the meeting next month, then let's do that too.

So next month is Article 2 administration.

That's correct.

And you should have reviewed this and made notes April's meeting.

That's right. We're just getting in the groove of it.

Agreed. All right, staff, board, monthly reports?

You know I like candy, don't you?

All right. Let's see with one eye right here. All right. So, uh, in terms of staff reports, so planning inspections, we had 283 permits issued last month, 67 of those for new single family residential homes and 14 of those for were new townhomes. There was a total of 1,881 inspections. Total value of construction was slightly over $22 million. In addition to staff reports, I will mention that the planning staff has a new employee as well. We have Drew DeMella. He's our planner one. He joined our team this week or last week? last week, excuse me. Um, he comes from us from Oak Island. Um, we're excited to have him and you'll get reintroduced him once he gets a chance to present something to you as well. So, um, but we'll be joining with him too. So that's it for staff reports and employees. I can move right into transportation if you like. All right, and really the only thing for transportation, last town council meeting, we had Trevor Carroll from NCDOT present about the Kafer Memorial Bridge. It was a good and formal presentation in regards to that. I encourage you to go ahead and go on to the video from the town council last month, or I guess last week, and go over that information as well. So if you have any interests and questions on that, just let us know. We can try to track Trevor down.

That was an informative presentation you made. I would recommend everybody. Last Thursday. That's it for transportation. Any questions? Seeing none, I'm sure everybody's tired. Do I have a motion to adjourn?

Just a couple of clarifications. I'm sorry. Just as updates, the Oak or the West Gate or Ocean Gate, whichever the construction is going on, what's the status of that? Because people were asking, what's the date when it looks like it may be done?

I personally don't know because that's a streets project for another department. Ben, do you have any update by any chance? I'm sorry, but we can definitely get that information to you though.

I saw where it was only 10% done somewhere. I was looking at some percentages. I always have a green light.

Rumor has it, rumor has it, one of our project managers said it is on track and it could potentially be completed by the end of April. But we can try to get some more confirmation on that and just send that out to your way if you like.

You're welcome.

One last thing. Kudos to Ben and Ben and the town council. We received a really nice letter from the League of Women Voters on the text amendment for the data centers. And it was nice to see someone outside of the usual cast of characters say something about the good work that the staff is doing. So congratulations to them. That was good.

I thought there should have been more kudos to the staff than the blame board. They did all the work.

Any other comments? I'm adjourned. Do I have a second? All right. All those in favor? Aye. Then we'll see you April 28th, 6 o'clock here.

Who's the new...