Town of Shallotte s1

Town of Shallotte Planning Board Meeting May 10, 2005 7:00 PM

The Shallotte Planning Board met on April 26, 2005 at the Shallotte Town Hall with Vice-Chairman Evelyn Madison presiding.

Members Present: Elwood Cheers, Bunny Begeal, Alan Lewis, Evelyn Madison, John Kinlaw, Dennis Winters, Larry Harrelson, and Bobby Lewis

Members Absent: Joe Sales

Staff Present: Paul Sabiston, Tracy Strickland, and Cindy Babson

Alderman Liaison: Buddy Kelly

Planning Board-Discussion

John Kinlaw expressed to the Planning Board that a motion to adjourn the April 26, 2005 meeting had not been made and that there had not been a vote to adjourn the meeting by the Planning Board members. Mr. Kinlaw explained that the April 26, 2005 meeting should be properly adjourned as not to be considered an open/continued meeting. It was the consensus of the Planning Board to call for a motion to adjourn the April 26,

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2005 meeting. John Kinlaw made the motion, seconded by Bobby Lewis. The motion passed 7 yes 0 no.

1. Call to Order

Vice-Chairman Evelyn Madison called the meeting to order.

2. Roll Call

Elwood Cheers, Bunny Begeal, Alan Lewis, Evelyn Madison, John Kinlaw, Dennis Winters, Larry Harrelson, and Bobby Lewis

3. Approval of Minutes John Kinlaw made a motion to approve the April 26, 2005 minutes as amended, seconded by Alan Lewis. The motion passed 7 yes 0 no.

4. Agenda Amendments None

5. Public Comments None 6. Willis Storage, 5717 Main Street, Al Willis - Owner

Al Willis, owner of the proposed storage facility was present at the meeting and gave a brief presentation of the project.

a). forward project to the Board of Aldermen as a conditional use

Recommendation:

The Shallotte Planning Board recommends to the Board of Aldermen that a public hearing be set to consider approving the conditional use permit for the proposed six (6)-unit storage facility that would be located at 5171 Sellers Street. The proposed buildings range from 3,750 square feet to 10,450 square feet. This recommendation does not include building seven (7) that would be used

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for office/retail units which is an allowed use in the HB zoning district. The recommendation includes the following conditions of approval:

Conditional Use Permit – Findings of Fact

The Planning Board, as required in Section 12 of the UDO individually reviewed the following findings of fact. The questions were reviewed as follows:

1. The use will not materially endanger the public health or safety, and not substantially injure the value of the adjoining property. 2. The use will be in harmony with the area in which it is located, the use will be in general conformity with the Land Use Plan, Thoroughfare Plan, and other Town Plans officially adopted by the Town. 3. The use will not impair the integrity or character of the surrounding or adjoining districts, nor adversely affect the safety, health, morals, or welfare of the community or of the immediate neighbors of the property. 4. The use is essential or desirable to the public convenience or welfare; the use will have adequate utilities, access roads, drainage, sanitation, or other necessary facilities. 5. The use will have adequate facilities to provide ingress and egress so designed as to minimize the traffic congestion in the public streets.

After reviewing the above facts and issues, it was the consensus of the Planning Board that the proposed project met the above conditions as required for conditional use approval as stated in Section 12 of the UDO.

Motion

Alan Lewis made a motion to approve the conditional use as stated in the conditional use findings of fact, seconded by Bunny Begeal. The motion passed 7 yes 0 no.

Willis-Conditional Use Permit – Special Conditions of Approval

The Planning Board as part of the conditional use permit recommendation placed the following special conditions on the project:

Rezoning and Annexation – Recommendation To the Board of Aldermen

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The Shallotte Planning Board recommends to the Board of Aldermen that a public hearing be set to consider annexing and rezoning to HB, the portion of 5171 Sellers Street, tax parcel #1970002709 that is currently zoned B2. The B2 zoning portion is located at the rear of the property with the front section of the property being zoned HB. The approval of the annexation and rezoning of this portion of the parcel is a special condition of approval presented by the Planning Board as part of the conditional use permit recommendation.

1. The applicant must provide a 60’ right-of-way that would be dedicated to the Town for the major road connecting to Sellers Street and Hwy. 179 (Village Road). 2. The Major road must have 24’ of pavement as required by the Town. The proposed road must be deeded and dedicated to the Town. 3. Water and sewer lines to be installed with correct sizes, deeded, and dedicated to the Town. All water/sewer related issues need to be reviewed and approved by the Town Utilities Director. The applicant is aware that the Utilities Director has determined that the size of the waterline is not adequate as submitted and that this issue must be resolved prior to approval by the Utilities Director. 4. All fire issues must be resolved prior to the issuance of a certificate of occupancy. All requirements stated by the Fire Marshal must be met prior to the issuance of a certificate of occupancy. 5. Turning radius at both entrances onto the major road must be at least 35’. 6. Hours of business operation are to be limited to 7:00 AM to 9:00 PM, Monday thru Saturday and 9:00 AM to 9:00 PM on Sundays. 7. All recommendations set forth from the Planning Board must be honored and forwarded to the Board of Aldermen for approval as part of the conditional use permit. 8. All items required by the board of Aldermen, if approved, must be honored, and completed within a timely manner as directed by the Planning Board and Staff. 9. All stated conditions will be recorded with the Brunswick County Register of Deeds as a binding part of the conditional use permit. 10. Any deviation from the conditions of approval made by the applicant/owner of the property will call for an immediate cease and decease of the business and will be brought forth to the Board of Aldermen for its decision as to the appropriate disciplinary action to impose on the applicant/owner. 11. Applicant shall copy all state and federal approvals to the Town for soil erosion, storm water, and wetlands. Applicant must provide a

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signed engineer certification for the stormwater and soil erosion to the Town and State prior to the issuance of a certificate of occupancy. 12. All requirements as stated in Section 17 – 3 Landscaping Plan, Section 10-1 Notes to the Table of Permitted Uses, Note 9 Mini- Storage Facilities, conditions (A) through (M) are attached to and made part of these recommendations and minutes. 13. No variances are granted or conditions waived unless stated herein. 14. All requirements as stated by the Fire Marshal and provided to the applicant on May 2, 2005.

Site and Landscaping Plans (Building 7 – Retail/Office Units – This is not part of the conditional use permit conditions – allowed in HB Zoning District)

a). approve site and landscaping plans

Recommendation:

The Shallotte Planning Board approved the site and landscaping plans as stated including building #7 which is part of the above project, but is not part of the condition use permit, for office/retail use. Building #7 would also be used as the office for the rental of the storage facilities at this location as well as the Myra Way storage facility if approved by the Board of Aldermen. The following issues were discussed regarding the overall site and landscaping plans.

o The applicant stated that there would be approximately 116 trees added to the landscape that are within the project tract and that the additional tress are to be located at a distance from the proposed buildings. o The applicant discussed possibly changing the location of the waterline. The applicant is aware that this change would require approval by the Town Utilities Director. o All requirements as stated in Section 17 – 3 Landscaping Plan, Section 10-1 Notes to the Table of Permitted Uses, Note 9 Mini- Storage Facilities, conditions (A) through (M) are attached to and made part of these recommendations and minutes. o The applicant is aware that any use that is not listed as an approved use in the HB zoning district must be reviewed and approved by the Planning Board. The applicant was advised that he should consider contacting staff prior to changing any use to ensure that new tenants/businesses are allowed in the HB

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zoning district and would not require Planning Board review and approval. o The Planning Board recommended that the applicant consider varying plant sizes in order to enhance the project. The applicant agreed to install canopy trees every 100’ with additional foliage. o The applicant stated that an additional 6’ has been left vacant between and behind the buildings in order to allow sufficient space for vehicles to turn around. o The Zoning Officer must conduct a final inspection prior to the issuance of a certificate of occupancy. o Handicap parking and access ways must be in accordance with the North Carolina Accessibility Code. o Any additional signage must be submitted to and approved by the Zoning Officer. o NCDOT Driveway Permit must be obtained and submitted to the Town. o The Utilities Director should approve the design of the driveways prior to installation. o No variances are granted or conditions waived unless stated herein. All issues presented by staff must be addressed prior to the issuance of a zoning compliance and/or a certificate of occupancy.

Motion

Larry Harrelson made a motion to approve the special conditions of approval stated as part of the conditional use permit approval and to approve the site and landscaping plans according to the Town UDO requirements and as requested by the Planning Board, seconded by Bunny Begeal. The motion passed 7 yes 0 no.

7. Willis Commercial, 80 Myra Way, All Willis - Owner

Al Willis, owner of the proposed storage facility was present at the meeting and gave a brief presentation of the project.

a). forward project to the Board of Aldermen as a conditional use Recommendation:

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The Shallotte Planning Board recommends to the Board of Aldermen that a public hearing be set to consider approving the conditional use permit for four (4) open storage facilities that would store RV’s, campers, and boats. The proposed storage facility would be located at 80 Myra Way and the office would be located at the proposed 5171 Sellers Street office pending the conditional use permit approval. The building sizes range from 35’ wide and 130’ long to 50’ wide and 360’ long. The recommendation includes the following conditions of approval:

Conditional Use Permit – Findings of Fact

The Planning Board, as required in Section 12 of the UDO individually reviewed the following facts and issues. The questions were reviewed as follows:

1. The use will not materially endanger the public health or safety, and not substantially injure the value of the adjoining property. 2. The use will be in harmony with the area in which it is located, the use will in general conformity with the Land Use Plan, Thoroughfare Plan, and other Town Plans officially adopted by the Town. 3. The use will not impair the integrity or character of the surrounding or adjoining districts, nor adversely affect the safety, health, morals, or welfare of the community or of the immediate neighbors of the property. 4. The use is essential or desirable to the public convenience or welfare; the use will have adequate utilities, access roads, drainage, sanitation, or other necessary facilities. 5. The use will have adequate facilities to provide ingress and egress so designed as to minimize the traffic congestion in the public streets.

After reviewing the above finding of facts, it was the consensus of the Planning Board that the proposed project met the above conditions as required for conditional use approval as stated in Section 12 of the UDO.

Motion

Alan Lewis made a motion to approve the conditional use as stated in the conditional use findings of fact, seconded by Bunny Begeal. The motion passed 7 yes 0 no.

Conditional Use Permit – Special Conditions of Approval

The Planning Board as part of the conditional use permit recommendation placed the following special conditions on the project:

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Rezoning and Annexation – Recommendation To the Board of Aldermen

The Shallotte Planning Board recommends to the Board of Aldermen, and with the applicants consent, that a public hearing be set to consider the annexation and rezoning to HB the property that is located at 80 Myra Way, tax parcel #1970027. This recommendation includes the property only to the project line for the proposed storage facility. The property is currently zoned B2.

1. The approval of the annexation and rezoning of this parcel is a special condition of approval presented by the Planning Board as part of the conditional use permit recommendation. 2. Myra Way is a private road and will need to be deeded and dedicated to the Town of Shallotte. Forty feet of the Myra Way belongs to Mr. Willis and twenty feet belongs to Roy Mintz. Mr. Mintz has agreed to dedicate his portion of the road provided that all conditional use permit requirements, including the requirements stated by the surrounding property owner’s attorney John Chandler are met. 3. Water lines to be installed as approved by the Utilities Director, including an additional fire hydrant these lines must be deeded and dedicated to the Town of Shallotte. Mr. Willis indicated that there is an existing dry line already installed to the project. Mr. Willis is aware that this line must be inspected and approved by the Utilities Director. 4. All fire issues must be resolved prior to the issuance of a certificate of occupancy. All issues presented by the Fire Marshal must be met prior to the issuance of a certificate of occupancy. 5. Hours of business operation are to be limited to 7:00 AM to 9:00 PM, Monday thru Saturday and 9:00 AM to 9:00 PM on Sundays. 6. All recommendations set forth from the Planning Board must be honored and forwarded to the Board of Aldermen for approval as part of the conditional use permit. 7. All items required by the board of Aldermen, if approved, must be honored, and completed within a timely manner as directed by the Planning Board and Staff. 8. All stated conditions would be recorded with the Brunswick County Register of Deeds as a binding part of the conditional use permit.

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9. Any deviation from the conditions of approval made by the applicant or owner of the property will call for an immediate cease and decease of the business and brought forth to the Board of Aldermen for their decision as to the appropriate disciplinary action to impose on the applicant/owner. 10. Applicant shall copy all state and federal approvals to the Town for soil erosion, storm water, and wetlands. Applicant must provide a signed engineer certification for the stormwater and soil erosion to the Town and State prior to the issuance of a certificate of occupancy. 11. The applicant is aware that Myra Way must be paved in accordance with Town Code all the way to the entrance of the proposed project. 12. Building sides facing Myra Way side must be enclosed with brick masonry. 13. All requirements as stated in Section 17 – 3 Landscaping Plan, Section 10-1 Notes to the Table of Permitted Uses, Note 9 Mini-Storage Facilities, conditions (A) through (M) are attached to and made part of these recommendations and minutes. 14. The applicant has agreed to install a 6’ to 8’ fence and landscaping along Myra Way and the southern portion of the project. The applicant is aware that the fence must be solid and of material allowed in Section 17-3, Note 9.The applicant has been provided with a copy of the above information. 15. The applicant must install dim lighting, with all lighting facing the interior of the project only. Mr. Willis stated that there would be 3 to 4 area lights only. 16. The applicant must install additional buffering beyond the front of the building facing Myra Way; the additional buffering must extend along the northern side of the fence to the end of the last building and the first 100’ along the southern side of the property. Any side of the proposed project that may impact an adjacent property owner must have solid fencing and additional buffering. Additional buffering must met Town requirements as stated in the UDO buffering requirements. 17. The applicant must remove all debris/wreckage from the entire tract under his control; this requirement includes the entire parcel beyond the 3.5- acre project site. 18. The applicant has agreed to leave a 20’ buffer of natural vegetation on the property site. This 20’ natural buffer cannot be disturbed for any future development on the property. 19. No variances are granted or conditions waived unless stated herein.

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Site and Landscaping Plans - This is not part of the conditional use permit conditions for approval a). approve site and landscaping plans

Recommendation:

The Shallotte Planning Board approved the site and landscaping plans for the proposed storage facility. The following issues were discussed regarding the overall site and landscaping plans, but is not part of the stated requirements for the conditional use permit. The following issues need to be resolved prior to the issuance of a zoning compliance and/or certificate of occupancy:

 The Zoning Officer must conduct a final inspection prior to the issuance of a certificate of occupancy.  All issues presented by staff must be addressed prior to the issuance of a zoning compliance and/or a certificate of occupancy. . Handicap parking and access ways must be in accordance with the North Carolina Accessibility Code. . Any additional signage must be submitted to and approved by the Zoning Officer. . NCDOT Driveway Permit must be obtained and submitted to the Town. . The Utilities Director should approve the design of the driveways prior to installation. . All water and sewer issues must be reviewed and approved by the Town Utilities Director. . Construction plans will need to be submitted to and approved by the Zoning Officer and the Fire Marshal prior to the issuance of a zoning compliance.

Motion

Larry Harrelson made a motion to approve the special conditions of approval stated as part of the conditional use permit approval and to approve the site and landscaping plans according to the Town UDO requirements and as requested by the Planning Board, seconded by Bunny Begeal. The motion passed 7 yes 0 no. 5/10/2005 10

8. Brunswick County Farm Bureau, 4560 White Street

Milton Coleman was present at the meeting and gave a brief description of the proposed new site for the Brunswick County Farm Bureau.

a). site and landscaping plans approval Recommendation

The Shallotte Planning Board approved the site and landscaping plans for the proposed new site for Brunswick County Farm Bureau that is to be located at 4560 White Street. The following issues need to be addressed prior to the issuance of a zoning compliance and/or certificate of occupancy:

 The Zoning Officer must conduct a final inspection prior to the issuance of a certificate of occupancy.  All issues presented by staff must be addressed prior to the issuance of a zoning compliance and/or a certificate of occupancy. . Handicap parking and access ways must be in accordance with the North Carolina Accessibility Code. . Any additional signage must be submitted to and approved by the Zoning Officer. . NCDOT Driveway Permit must be obtained and submitted to the Town. . All water and sewer issues must be reviewed and approved by the Town Utilities Director. . Construction plans will need to be submitted to and approved by the Zoning Officer and the Fire Marshal prior to the issuance of a zoning compliance. . The applicant must indicate property boundaries and distances on the site plan and provide a revised copy to the Town for approval by staff. . The applicant has agreed to install 5’ sidewalks at the proposed location. . The applicant is not required to submit stormwater and erosion control plans/permits to the Town due to less than one acre of the parcel being disturbed. The applicant is aware that future development will require the necessary plans and permits. The applicant stated that they have set aside an area for stormwater retention pond if necessary in the future.

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. The applicant stated that the existing right-of-way is 60’. The applicant will dedicate the full 60’ right-of-way if the existing right-of-way is less than indicated. . All landscaping requirements must be met in accordance with the UDO landscaping requirements.

Motion

Dennis Winters made the motion, seconded by Bunny Begeal. The motion passed 7 yes 0 no.

9. Rourk Tract, Constructions Plans, Village Road, Margaret Gray - Agent

a). approve construction plans Recommendation The Shallotte Planning Board approved the detail construction plans for the proposed subdivision that is to be located on Village Road. The following issues need to be addressed prior to the issuance of a zoning compliance and/or certificate of occupancy:

. Handicap parking and access ways must be in accordance with the North Carolina Accessibility Code. . The applicant has agreed to install five-foot (5’) sidewalks. . The applicant stated that the one-way street would have adequate signs and striping. . The applicant has agreed to install additional landscaping. . The applicant stated that an additional handicap stall would be installed.

Motion

Alan Lewis made the motion, seconded by Bobby Lewis. The motion passed 7 yes 0 no.

10. Rourk Tract, community building for subdivision, Village Road, Margaret Gray - Agent

a). approve construction plans for community building, site and landscaping

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Margaret Gray, agent for the project, was present at the meeting and gave a brief presentation of the proposed project.

Recommendation The Shallotte Planning Board approved the construction plans/site and landscaping plans for the proposed community building for the proposed subdivision that is to be located on Village Road. The following issues need to be addressed prior to the issuance of a zoning compliance and/or certificate of occupancy:

. Handicap parking and access ways must be in accordance with the North Carolina Accessibility Code. . The Planning Board agreed to allow relief in planting the additional landscaping island and approved the applicant installing additional landscaping at the community building. . The applicant has agreed to install five-foot (5’) sidewalks.

Motion

11. Rourk Tract, approve site and landscaping for construction of forty (40) Town Homes, Village Road, Margaret Gray - Agent

Margaret Gray, agent for the project, was present at the meeting and gave a brief presentation of the proposed project.

a). approve construction plans for forty unit town homes, site and landscaping

Recommendation The Shallotte Planning Board approved the construction plans/site and landscaping plans for the proposed for the proposed forty-unit town homes project that is to be located on Village Road. The following issues need to be addressed prior to the issuance of a zoning compliance and/or certificate of occupancy:

. Handicap parking and access ways must be in accordance with the North Carolina Accessibility Code.

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. The applicant must provide front elevations to the Town prior to receiving a zoning compliance. . The applicant has agreed to shift building 3 in order to allow additional space to install the required 15’ buffer in order to protect adjacent existing property owners. Motion

Bunny Begeal made the motion, seconded by Bobby Lewis. The motion passed 7 yes 0 no.

12. West Park Plaza, Samuel Russ, Ocean Hwy. West,

a). non-contiguous annexation and rezoning Recommendation The Shallotte Planning Board recommends to the Board of Aldermen that a public hearing be set to consider the annexation and rezoning of the property located at Ocean Hwy. West, tax parcel # 19700074. The Planning Board recommends that the property be rezoned to HB, the property is currently zoned CLD (county zoning). Staff will confirm the Town is within the allowed satellite annexations. The applicant is aware that annexation and rezoning is contingent upon staff approving the satellite annexation.

Motion

13. West Park Plaza, William T. Smith, Ocean Hwy. West

a). non-contiguous annexation and rezoning Recommendation The Shallotte Planning Board recommends to the Board of Aldermen that a public hearing be set to consider the annexation and rezoning of the property located at Ocean Hwy. West, tax parcel # 1970007404. The Planning Board recommends that the property be rezoned to HB, the property is currently zoned CLD (county zoning). Staff will confirm the Town is within the allowed satellite annexations.

Motion

Bunny Begeal made the motion, seconded by Alan Lewis. The motion passed 7 yes 0 no.

14. Adjournment

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Bobby Lewis made the motion, seconded by Bunny Begeal. The motion passed 7 yes 0 no.

Respectfully Submitted,

______Tracy Strickland, Clerk to the Planning Board

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