Planning Board - Regular Meeting

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D. [Music] [Music] I don't think I'm on yet. Can you hear me? Good afternoon. Um, I'd like to call the October 9th, 2025 surf city planning board meeting to order. I need an agend motion to approve the agenda. I'll make a motion to approve the agenda.

Second. I have a first and a second. All in favor? I. Any opposed? Agenda is approved. Next, I need to get approval of the July 10th, 2025 uh meeting minutes of the Surf City Planning Board approved. A motion to approve the second. Second. I have a first and a second. All in favor? I I.

Any opposed? Minutes are approved. Do we have anyone signed up for public comment? Do we have anyone that would like to speak since I don't see a roster in the back? Okay. All right. Moving right along. Um Jeremy, you would you like to start? Yes, ma'am.

Good evening, board. Thank you, chairman. Agenda item A before you in your agenda and on the screen is a annexation recommendation. Town councilors received this application for approximately 1.05 5 acres located on NC near NC50. This is adjacent to properties recently annexed by the town and that this board considered and made a made a recommendation on. Before you on the screen is the vicinity map showing the location. Before you on the screen is a future land use map. The two parcels considered for annexation are identified as um excuse me, let me look real quick. I cannot I believe it's a neighborhood mixed use. Property to the north is identified as mainland residential. Properties to the south, east, and west are also identified as neighborhood mixed use. Before you on the screen shows that this property is not currently in the city's jurisdiction. However, it shows the zoning of properties that are around it that are in our jurisdiction. Uh properties to the south are zoned neighborhood business. The property directly to the souththeast was the most recently annex tract and this board recommended neighborhood business on it. Property to the north is residential 5 and there is some mixeduse zoning to the northeast. Currently the lane use plan supports an identification of neighborhood business on this property. Um the applicant has requested that mixeduse conditional zoning. However, mixeduse conditional zoning is not appropriate at the time of annexation. Um the board can make a recommendation on any zoning classification it sees

fit. However, the land use plan supports a neighborhood business identification or designation. uh supporting policies or is is an annexation or land use plan supports annexation and development of sorry let's see here let me back it up back up the presentation for you so you have the correct property in front of you um the land use plan supports annexation of properties and that this development would encourage if it were to develop would encourage growth consistent with the land use plan and community character. Again, the applicant who submitted the annex session to the town council will and plans to intend come back with a conditional zoning that would include that could possibly include these properties and additional properties in the area and the board would see that request at a future date. Uh with that said, staff is recommending that the board recommend neighborhood business as the zoning district for these two parcels. uh staff will be happy to answer any question that the board may have.

Other two adjacent properties that we've already and extend.

Correct. The we the large triangle-shaped property to the very north there, the light blue R15 was a recent annexation and the R15 was recommended by the board. However, that property directly right there is circling on the screen, that was the most recent annexation uh roughly two months ago. And the board at that time recommended neighborhood business. And so staff with the support of the lane plan, neighborhood business designation on this property would be appropriate. Uh, I'll make a motion. We recommend neighborhood business. I'll

second. I have a first and a second for approval. Um, as neighborhood business, all in favor? I. Any opposed? Motion is carried.

Thank you. Agenda item B is another annexation recommendation. This is a me grab the right agenda item. This is a 1.35 acre track located at the corner of Perkins Road, Perkins Drive, and US Highway 17. Note the location of the vicinity met before you on the screen and your agenda. This is directly across Perkins from Share the Table as I'm sure most of you are familiar with. The town's comprehensive land use plan does extend out to this area as it does to adjacent properties in the immediate vicinity. It identifies this property as mainland residential. I think the zoning map will be more demonstrate kind of the city's current jurisdiction in this area in relation to the property location. We currently do not have any immediate properties within town limits and zoned. However, backing up to the lane use plan, mainland residential supports, the staff recommended zoning designation of R10. However, I would be appropriate to let the board know in past annexations in this area along US7, um C3 has been the designation given to properties along this corridor. There are policies within the lane use plan that appropriately support commercial development along this major corridor. However, consistent with the lane use plan would be an R10 designation. It is 100% supported by the lane use plan. Um, however, you'll note across Perkins Drive, there is properties identified as neighborhood business.

Again, this is the zoning map before you. There is a combination of the gray properties that are in the city's in the town's jurisdiction are zoned as C3. And then there's a combination of conditional zoning and some neighborhood business zoning in the area. And then further to the souththeast is Sar City Elementary and Middle School. with properties identified as residential. The lane use plan has a number of policies that support that. So staff is recommending the R10 and would like to let the board know that if the R10 zoning designation moves forward and is adopted by council, the applicant intends to come back with a conditional zoning request as they have received a commercial site plan approval through Pender County, but they really would like to be on town utilities. I'll be happy to answer any questions that the board may have.

Just to be clear, if if it moves forward as an R10, they're still eligible to apply for the conditional zoning. Yes, that would be if they want to develop it commercially, that's what they would have to do. They could come back with a straight resoning or a conditional. Um, however, there has been some recent annexations along this corridor that have contrary to the lenius plan have been uh zoned C3 per the recommendation of this board. most recently would be the Morris track annexation uh done much earlier this year around January I believe it was had a split zoning designation where the front portion was identified as C3 and the rear was R15 C3 parcel [Applause] You know, one of the hesitations with the C3 zoning has always been or any other thing other than just our single family residential is C3 does not allow multif family. In fact, C3 doesn't allow any type of residential. It's all strictly commercial development in the C3 zoning designation. Again, this is just a recommendation. The council can choose to accept it or make their own decision at the time of annexation if they choose to annex.

It's a little over an acre.

That's right. 1.35. As I said, they have an approval from Pender County for basically a flex space type development, but that has no bearing on what your recommendation is. You have to your recommendation is based off of the land use plan or what you believe the comprehensive land use plan would support. And I'm stating that there's a number of policies that support commercial development along our core corridors such as US7. Um, but you also have to keep in mind what's allowed within that zoning district. Uh, again, there's a number of just base zoned C3 properties along the 17 corridor and this property if zone C3 would be no different. Uh, but the R10 is 100% supported because that's what the future lane use designation is under main lane residential.

What is it currently zoned, Jeremy? Is zoned I believe it's performance residential or know you guys got it to neighborhood business or general business under general business under Pender County zoning.

There was just no utilities there. the utilities already there to be used.

Currently, the share the table uses city utilities. However, they're a nonprofit. So, at the time when they connected on, they were not required to annex, but they do have town utilities because it's a nonprofit. Um, they are there. They've already spoke with utility public utilities director David Price and would have that ability to connect on. They're not on that wait list that we have.

Not currently, but again, if they are annexed and then they wait some time for a site plan approval, they cannot make an allocation request until they have a site plan approval by the town. That is the way the town's uh utility policy works. But it is not from what I understand they're not proposing residential. It would be commercial. We are currently capped on residential allocation but there is a little bit of commercial out there. So if their timing is right, they could make that allocation request at that time.

Could they do that even if it moves forward as the R10 with us? Um conditional. Yeah. the get a conditional reszoning would not grant them a site plan approval. They would then get a conditional resoning and then come back with a site plan. So it'd be multi-steps, but would that would that allow them to fall under the commercial until they get site plan approval from there easier for them than the other?

Yeah. Ultimately, if the property is zoned C3, that would be this most straightforward. They could come in, if town council were to accept accept the annexation and identified it as C3, they could submit the next day under C3. I'll make a motion that we zone it, recommend C3. I just think that's what makes second. That's size and the location. Thank you. Would you repeat your motion, please? I'd like to make a motion that we recommend it be zone C3 or second.

I have a first and a second to approve um resoning as C3. Do I have any discussion? All in favor? Any opposed? Motion carried. Project is approved.

Just cut madam chairman. Even though the slide is inappropriate label, this is actually item agenda C tonight. Uh this is dandelion lane, as I've called it, a conditional reszoning, a request to reszone two parcels of land from office and institutional to conditional zoning C3 extended commercial. I'd like to make a motion to recuse myself. I have a motion um for Mike Ellis to recuse himself from this second. I have a first and a second. All in favor?

I opposed. Thank you, Mike. Thank you for that. I I don't I don't think there's anything legal that says you have to leave the room. That's up to you. Just don't give us any looks.

Let me ask you questions. So, um, again, this is agenda item C. Um, I've I've titled it dandelion conditional resoning because it is it is adjacent to a private road, Dandelion Lane. Notice that on their vicinity map before you, these two tracker land totaling 8.42 acres are located directly across from the Capefir Community College Surf City campus and south of the 210 US17 intersection. I'm going to the zoning map because I think that's the appropriate order. Property is currently zoned office and institutional as is the property to the north and then across 210 CFR Community College. Further to the north are a combination of zoning classifications. um multif family uh home of the Palisades Apartments and then C3 zoning all the way up to the uh Surf City Crossing Shopping Center, Harris ter and Lowe's home improvements and then the Austin Burlbard extension development area where the new Take Five is opening soon. Uh the Dollar General and or Dollar Tree in Surf City Brewing Company. Backing up to the land use plan. Uh Lane use plan identifies this property as O and I um as it does the property of Capefir Community College to the across the street uh to the north norththeast is a large area of property as identified as neighborhood mixed use and then to the north let me get my zoning classifications right. Then it is regional commercial commercial to the north. That is all the commercial and multif family development to the north. And then the yellow to the

west is all coastal residential. That's typical single family development. Before you on the screen is the master plan. As I have stated, they are requesting a conditional reszoning of 8.42 acres. conditions they are requesting as part of this flex space commercial office development. They are recommending to reduce the hours of operation uh from 7 a.m. to 9:00 p.m. Nothing would be opened and operating beyond those time hour those hours. Um staff has identified the traffic counts would require a TIA for site plan approval because it ex it meets our traffic impact analysis thresholds. Um that is a condition on approval. In addition, they are providing a large vegetative buffer 10 foot or 20 foot around the perimeter of the property. um that is proposed. They are showing a septic area on the site, but one of the conditions the town has recommended and they are supportive of is if their timing doesn't match up and they do not get allocation for utilities at set date when allocation becomes available, they will tie on to city utilities. uh depending on their timing. Um as laid out, they would be disturbing approximately 2.12 acres of land. Again, it's a combination of office and retail and flex space. They have significantly reduced the number of proposed uses. Um, I believe that is on page 22 or 21 of your 20 uh page 20 and 21 of your agenda. Um

they have stricken a number of the more I always hate to use the word controversial but you know vape shops, tattoo studios, um bars, they've stricken those as permitted uses to limit it more to those that would be more harmonious with the single family development and co uh Capefir Community College across 210. The applicant had a neighborhood meeting recently. Um staff was in attendance. It went very well. Um we did not hear many objections or anything from the folks who attended. They were very receptive. Um, I believe when they realized that the hours could be would be limited and that the site plan approval would then still be part of the next step and depending on on the overall square footage, the planning board would actually get another opportunity to look at that site plan if it came through. Um if unless they phase it, if they phase it with buildings under 20,000 square feet, it could be done staff level, but that would be a little particular because each building would have to be able to stand on its own. Um if they come forward, as I believe they will as a full project, it will still go through the boards. Again, administrative approval, but you'll still have another opportunity to see that final product. Speaking of final products, they have provided some renderings. These are proposed renderings. Um, looking at generally looking at these, these would meet uh town standards. It's got that coastal feel to it. It's got low earth tone colors. Um, contrasting materials. Um, but again, this is early on. We would get better renderings at the site plan level.

Staff is recommending approval of this request. However, there is a caveat. There are a number of policies that support it. We've identified two in the staff report. However, if you if we back up to the lane use plan map, you'll see that the property is identified as ONI by the lane use plan and staff is recommending approval of it. But we would also ask that the board recommend that city council direct staff to update the future land use plan to neighborhood mixed use to support the zoning to give it to benefit to create that new transition from the residential to more commercial style development as you move closer to the 210 US17 intersection. Um I've told the developers they're about three months too soon because hopefully if we get this growth corridor um growth policies adopted those policies if adopted by council would support this type of development. Um I believe it's a very suitable location across from Capefir Community College. that type of use. Flex base lends itself to an educational um institution like that um for new graduates or new business owners to come in and move in. Um and then you have that kind of buffer there from office and retail that they're proposing in the front of this development. Um with that said, staff is recommending approval of this request. Uh we believe the lane use plan supports it with the caveat that staff is directed to update the lane use plan to the appropriate future lane use designation. Representatives of the applicant plus staff are here to answer any questions the board may have

existing zoning of the eyes. You could build what a fourstory building there. You could you could build our maximum height limitation. You could build multiple fourstory office complexes there and that would be allowed by right and would go through the normal processes. um they are proposing and they can correct me one story low impact um type of development with that reduced number of uses is a lot of stuff that would be hight traffic generators no drive-throughs um which would be very beneficial to the single family residential that backs up to it definitely limit traffic

yes and the way they're the in the rear side um with the location of possible location of storm water. You know, without full engineering, that location could change just because that's the way development is. This is a concept plan. There would be small there could be changes that happen during site plan review, but the way it is designed, it is limited impact um to the adjacent existing single family. And again, with the zoning map in mind, it is zoned off as an institutional directly to the north of this. So, it could still develop into something that could tie in or a new developer could come in with a reszoning and then tie into the C3 to the north.

And I did read that it will require a traffic impact analysis. It's not require it, but it will be.

Typically, traffic impact analysis are not required as a reszoning just because of the cost and impact. And we've worked with DOT and they agree. Um, while they do not offer comments on our conditional zoning, they do share their thoughts and even if a traffic impact analysis was not required because it doesn't meet their threshold. They have a much higher threshold than we do. Um we are town since the adoption of our new zoning ordinance, we have a much stricter um threshold for TIA. It's basically 100 AM trips or 100 pm trips. Um it will end up um studying adjacent intersections in the area, but with the Watts Landing um light project that's going to happen in the future in addition to a tip project for the 17210 intersection. um they would have improvements on the site. They would have a deceleration lane or some lane mitigation tying in with the college because as as proposed right now, if you looking at their master plan, you will see that they lined their driveway up directly in line with the community college. Um again with the TIA that'll be required part of the site plan process and their improvements and recommended stuff recommended items from the traffic impact analysis will be incorporated in that site plan when the board gets to see it at that time.

I would say with all that's going on there it's better to be proactive than reactive. [Applause] I make a motion that we approve it. Second with the um assuming the proposed conditions and the update of the future land use plan land use map. I have a first and a second for approval. Jeremy, does that motion need to reference the policies?

That would be appropriate because that is required by law that you that it that your motion is that a conditional is supported by the land use plan. And I think if you identify those policies just by just by the name, the number of the policy, and that you're also direct recommending to direct staff to update the lanes map. All right. I make a motion that we approve it and that the staff address policy 5.1B and 5.1 I point. So

more or less. Yes. You're recommending that we support the staff recommendation would be the easiest thing and then that way when we forward it to council we will quote that recommendation in there. It'll be staff and the planning board make the following recommendation. Is our motion effective? Yes, I believe so. Second. Yes. So, we have a first and a second. All in favor? I. Any opposed? Motion is approved. Project is motion is carried. Project is approved.

That should be in front of uh town council next month. Um we will have to move quickly with adjacent property owner notices posting the properties and getting an ad in the paper. Mike, would you like to rejoin us?

So, just from my experience, I believe it would be appropriate for you to now reaccept Mike back into the board. Can I have a motion to accept Mike Ellis back into the I have a motion to accept him back in. Thank you. Second. I have a first and a second. All in favor? I Any opposed? back. Motion is carried.

So, this would be this is appropriately item D. This is a zoning ordinance text amendment. This will be my first ordinance amendment with the board. This is an amendment to temporary uses specifically to section 5.4. If you review the staff report, um staff is basically recommending to update the temporary use section of the ordinance 5.4 for to allow staff to require, if needed, more detailed information when the temporary use, such as a fair, a a a for-profit fair or a circus or some large event that would go on that may need review by the town's technical review committee in terms of traffic, um, parking, lighting, noise, U currently our ordinance is very general and it doesn't kind of give us those tools. Um some sites are very adequate to handle a large event, some are not. And I requested from town council to let us come forward with a recommendation that would give TRC that ability to in those cases to provide feedback to someone wanting to do a special event criteria that would make it safer for the general public working with the technical review committee. Um specifically again it is working on dates and times in operation um identifying trash collection security to the site. how are they going to handle traffic? And the request is to just add that specific language to the

ordinance that would give the TRC that ability to require information to make a more sound decision when permitting particularly large scale events or events that are going to be impactive on some of our major corridors. And with that said, if the sta if the board has any questions in regard to what you're reading in the staff report, I'll be happy to answer anything that you have. But staff staff has drafted this up. So we are obviously recommending approval. How many members are part of the technical review committee?

So right now the TRC is made up of several town agencies, fire, police, building, streets, public utilities, and planning. Uh we also include NC DOT when anything anything's proposed on their streets. Um there are other organizations that are able to get into TRC. We could invite Pinter County Board of Board of Education. Uh Jones Enslo is on a lot of ours because they are serviced by Jones Enzo Electric. Duke Energy could be on them. Um the beauty of our permitting system is that we can add as we need those those type of folks those other agencies. Um, we could even invite the state other state agencies if they needed to be be it um, DCM, KMA or um, division of water quality for storm water erosion control if we needed to. I don't think you ever have a special event that gets to that criteria. Uh the idea is we want on DOT roads. DOT most folks do not realize that for large scale special events be a permitted DOT driveway um because it affects their road their goal is movement of traffic and if there's a large event going on for a couple of weeks at a time that impacts their job, their duties. Um, so that's one of the one of the changes we're want to make to the temporary use section is to have those detailed traffic plans and it helps fire and police too.

There's like a you have to request 90 days in advance or

so right now and this is not proposing to change is the town has up to 30 days to review a temporary use application in my history prior to Surf City. Even now, if you can get it to us in a couple two or three weeks before your event, we'll do what we can to get it reviewed. The problem is if you're on NC50 or 17 or 210, I cannot control the state. I cannot make them move any faster than they will. Um hopefully you're going to be on a site that's already got a driveway. The the idea the ideal spaces for special events are going to be in the in Walmart neighborhood markets parking lot or Lowe's home improvements parking lot where they have an excess of paved area. They've got parking or a large field behind a church or just a large field in general that can handle it that's flat, has no topography issues, isn't overgrown, doesn't have trees, doesn't present an issue, isn't sitting in wetlands, not sitting by the by the water or whatnot. Um,

it's different than uses like at Soundside Park like Oceanfest or No, those are completely different. Those are all handled under our special event policy per parks and wreck. I got you. This would be Walmart wants to host a food truck rodeo in their parking lot. Um, or a church wants to put on a holiday festival, you know, they would work with us to make sure. Um, we've recently got um I'm sure some the Chris Cringle craft show, Christmas craft show that are working with us on a special event. So, stuff like that. Just the vendor shows or anything. I'd recommend, you know, minimum of 30 days just because there's so many people involved.

Yes, that's where that that's currently what the ordinance allows us up to 30 days. um someone comes you know five or 10 days prior it's it's not going to happen generally what happens is someone makes the application you reach out hey when you didn't put on the dates when you go oh I want to do it Saturday well today's Thursday you put us in a bind we staff will make every effort to work with them um but for those large scale events they need to do some proper planning um fire going to need some stuff if you've got an event that's if you've got an event that's possibly going to have 400 or us more attendees. There's a much more emergency action plan you've got to do per state fire code.

I'll make a motion. We recommend approval of the zoning text amendment.

So, I have a first and a second for approval of the zoning text amendment. All in favor? I I Any opposed? motion carried. All right, moving right along to updates. Jeremy,

this is an update on a project that the board and I have been working on since I started with the town. And this is kind of a few steps from kind of the culmination. Um, and I know we haven't met in the last couple of months, but this is related to the job growth corridors as we've talked about. Um, I'm going to jump to the map real quick. Uh, these are areas identified from the intersection of 210 and 50 to the Hanso County line. um from Cape Pier Community College Surf City campus to the intersection of 210 and US17 all the way to the again the Enso County line. We're going to update this map too to include the zoning jurisdiction um on South 172. Um again the growth core corridor idea is it'll be an overlay lane use identification for these properties in this area. So that way the boards be it the planning board or the town council will have new policies that it can use when making land use decisions for uses that have high employment. um have future high employment um or have some type of industry that could diversify our economic base within the town. Um the way we've drafted up this submission right now is to show you how it would look. This is right now the pages um 44, 45, and 46 show you how it would we could take it right now and just slip it right into the comprehensive land use plan and go

on forward. Um, we've crafted it to go into the plan just like it does for island town or um, island center, island, residential, neighborhood, mixed use, regional, commercial. Again, it's it it's something to put in the town's toolbox for when you have properties very similar to what we dealt with with this annexation earlier out there at the corner of Perkins and 17. policies in this job growth corridor would actually identify and support that type of zoning. And in an instance where the land use plan is contrary to the zoning they're seeking, this would be policies that this board could recommend to city council or town council to support a zoning designation that may overtly be contrary to the comprehensive land use plan because it's supported now by a new growth tool. Um timeline of this is to get consensus from the board. We'll repackage it and bring it back for recommendation in November and then try to take it to council in December or January. And if it is adopted by city council, we then have to take it to the state for them to approve it to be part of our comprehensive land use plan. Because we are a KMA community, we are subject to coastal management act rules and that requires them to basically certify our land use plan. Um, this is an identified strategic goal in the town strategic plan to identify growth corridors. Um, this was just one way to go about it. We could have went through a zoning tool and croded an actual zoning layer that would govern land use specifically, but that brings with it

more hoops, more bureaucracy to kind of jump through when you start specifically zoning property. This is this is a tool that we can use and it's a lot more flexible than straight zoning property with an overlay district. As a planner, I'm not a fan of overlay districts in that regard. Um because it it it brings in conflicts. You you may have a job growth overlay that says, "Well, we want driveways every so many feet apart or ever wide." but then the underlying zoning may be on conflict with that and I don't think that's a proper way to do it. I think a tool like this is more appropriate. Um what I'm seeking from the board now is just a consensus not a motion or anything just if you agree with what we're showing you here in this staff report to bring it back in a more packaged format and then have a formal recommendation at our November board meeting. definitely simplifies things. I I think again as I've talked with um the economic development committee, I think again it I think we'll all agree that Surf City is relying on the resort that, you know, the the vacation, the beach rental that, you know, we live for the summer and that's our economic driver. Um but we need to start developing more tools that get us more diverse and um have us where we have the other reliance than just on the coastal side of it because we are a very diverse town. We've got the main side and we've got the island. Um the mainland side is more urban and more trends to that trends towards that type of development and this these job growth corridors will take advantage of that type of growth. Um, I intend to share it

with the Holly Ridge community development director and you know they may have something that could eventually connect down on their side. Um, because as we're aware, you know, Holly Ridge has done some great things with industrial development and they continue to do so and I think it's time for our town to do the same and this is just one step towards that direction. And if there's just no objections, we'll package it back up and we'll have it back in front of you next month. Um,

I will email you all a development update. There's really not much to update. Um, the Valvalene is opened on the NC50. The take five on the corner of Austin extension and 210 should be opening in the next couple months. Starbucks is open since we last met. Um, as far as our approvals, the only we've approved two, three site plans since the board last met. Uh, two of them are town projects. One is the public utilities um redevelopment of the site on NC210. Um, just past H2O place, the old public utilities building. That's going to be the public utilities customer service building. Um it's going to have offices and uh basically our utility side will be there uh paying water bills, utility bills and just more space for the town. Um fire station 25 is going to have an expansion on the back side of it. That's site plans approved and we have approved a Carolina Quickare urgent care. They are proposed to go next door to the Auto Zone. Um, I believe that property was originally were still currently owned by Waffle House. So, we know Waffle House, I'm sorry. Um, but they are getting ready to getting ready to submit for building permits. They are getting through NC DOT driveway permitting at this time. Um, Applewood Trace and Colonial Heights have started clearing um on their properties and you'll start seeing more and more on them. Uh they are also working through their NC DOT driveway permitting for both those sites. Uh Evolve, if you've been out at 17, the Evolve Apartments, you'll start seeing they're they're starting utility work and clearing. Uh that is the large 300 and some unit apartment complex. It was approved before I got here, so I'm not as versed as I'd like to be on it. Right there near the corner of 17 and 210.

But I'll send you our updated Excel sheet. Uh the the staff is working on trying to get some a more of readily available development tracker online where you can click on the properties and pull up, hey, what's going on here? So other than that, ma'am, I do not have anything else. Anybody have any comments or do I have a motion to adjurnn? I make a motion to adjurnn. I

have a first and a second to adjourn. Any opposition? Meeting is adjourned. Thank you, Jeremy. [Music]