Primarily to fill zoning regulatory gaps that came to light during the Planning Board’s exceptionally thorough hearings last fall on SAGA’s Special Use Application for its proposed mixed-use development on Ginguite Creek—in particular, to protect residents at Southern Shores Landing from encroachment—the Town of Southern Shores has introduced a sweeping Zoning Text Amendment (ZTA 24-01) that the Planning Board will consider for the first time Wednesday when it meets at 5 p.m. in the Pitts Center.
The proposed ZTA establishes setbacks and vegetative buffers to protect “planned unit developments” (PUDs), such as the Southern Shores Landing, from adjacent commercial and mixed-use development; expands upon permitting requirements for site development, including requiring a lot disturbance/stormwater management permit when large-tree removals are proposed on vacant lots; regulates wastewater treatment plants, and much more. It even prohibits miniature golf courses, warehouses, storage units, and wind farms in town!
ZTA 24-01 was foreshadowed by the Town Council at its Feb. 6 regular meeting when it unanimously passed a motion made by Mayor Elizabeth Morey—without any discussion—to “direct the staff to take some very needed steps to modernize our Town Code and propose changes” to the Town Code in the form of zoning text amendments and Town Code amendments.
This open-ended motion was the only notable business conducted by the Town Council during what proved to be a half-hour-long public meeting, and it was made by the Mayor upon the Council’s return from a closed session with the Town Attorney. We debated whether we should report on it and ask: What does it mean? What sections of the Town Code does the Council seek to “modernize”? What “very needed steps”?
We decided instead to wait and see, and now we know.
You will find the meeting agenda at https://www.southernshores-nc.gov/sites/default/files/fileattachments/planning_board/page/3143/2-21-24_pb_meeting_agenda.pdf.
The proposed ZTA, which runs 24 pages, may be accessed at https://www.southernshores-nc.gov/sites/default/files/fileattachments/planning_board/page/3143/2-15-24_zta-24-01.pdf.
A staff report prepared by Deputy Town Manager/Planning Director Wes Haskett, is available at https://www.southernshores-nc.gov/sites/default/files/fileattachments/planning_board/page/3143/pb-staffreportzta-24-01.pdf.
Please Note: The Board is meeting on Wednesday, not Monday, because of the Presidents’ Day holiday.
We urge everyone to read Mr. Haskett’s report to familiarize yourselves with the changes being proposed and to attend Wednesday’s meeting, which will have two public-comment periods.
Those who live in the Southern Shores Landing or were otherwise invested in the Planning Board’s decision last November to deny a recommendation of approval of SAGA’s Special Use Application should take some pride in these consequences: The Town is taking swift action to protect Landing residents, as well as the integrity of the Special Use Application process, in part because of their robust participation.
MOST PROPOSED ZONING CHANGES EMANATE FROM SAGA HEARINGS
Among the many changes proposed in ZTA 24-01 are the following, presented in chronological order as they appear in the Town Code:
**To require property owners to obtain a lot disturbance/stormwater management permit to remove trees greater than 6 inches in diameter, measured at 4.5 feet above the ground on any unimproved lot (amends Town Code sec. 36-171);
(This change recognizes that clear-cutting or the destruction of some, but not all old-growth trees on an undeveloped lot can create stormwater problems. Bravo!)
**To establish multifamily dwellings as a special use, not a permitted use, in the C general commercial zoning district with a maximum lot coverage of 30 percent (amends sections 36-207(b)(4) and 36-207(c), and reduces the permissible lot coverage of such dwellings from 40 to 30 percent. Another bravo!);
**To establish a 50-foot setback requirement for:
- Restaurants from planned unit developments;
- Drive-through facilities or establishments (small) from residential districts and planned unit developments;
- Mixed-use group developments from planned unit developments and residential districts;
- Commercial buildings and facilities from planned unit developments
(Amends 36-207(c). These setback requirements extend protection to residents of PUDs, the Southern Shores Landing being the only such development in town. The current ordinance only mandates setbacks for residentially zoned property; PUDs are commercial properties, not residential.)
**To establish a 20-foot vegetative buffer requirement where a mixed use group development abuts a residential district or planned unit development, and a 20-foot buffer requirement where a commercial use or zone abuts a residential district or planned unit development (further amends 36-207(c) to provide protective buffers for PUDs);
**To prohibit miniature golf courses, storage units, warehouses, and wind farms in all zoning districts (amends sec. 36-209; we know nothing about the background of this expansion in prohibitions);
**To extend the Town’s time limitations for issuing building and zoning permits after final approval of a site plan (from 180 days to one year), after which site plans expire, and for commencing construction after issuance of a building permit (from 180 days to one year) (amends sec. 36-297);
**To require site plans to show the anticipated final appearances of the front and rear of proposed structures, in addition to the sides and rooflines; to provide a rendering of the anticipated front, sides, and rear appearances of the structure relative to proposed landscaping; and to include the proposed number of bedrooms and/or occupants in a dwelling (amends sec. 36-299; these changes directly emanate from the Planning Board’s SAGA hearings);
**To require that when a site plan is submitted with a permit application, the property owner also provide documented proof from the requisite State agencies that a wastewater treatment facility or connection to a wastewater treatment facility is available and in compliance with all applicable State regulations and permits (amends sec. 36-299; emanates from the SAGA hearings); and
**To require that the written application for a special-use permit be submitted to the Planning and Code Enforcement Department no later than 30 days prior to the Planning Board meeting at which it is to be reviewed, and that it be accompanied by a site plan drawn to scale that complies with all other site-plan requirements set forth in Code section 36-299 (amends sec. 36-300; also comes from SAGA hearings).
ZTA 24-01 also substantially rewrites the Town Code sections setting forth the Special Use Application review process (amending sec. 36-300) and the establishment of vested rights by a property owner in a site-specific development plan (36-304). We leave it to the Planning Board to expound upon and assess these changes. Of more interest to us is a proposed revision of the powers and duties of the Planning Board, as set forth in Code sec. 24-27.
RESTATEMENT OF PLANNING BOARD’S POWERS AND DUTIES
The revision of sec. 24-27 by the Town leaves intact the overriding duty of the Planning Board to “prepare plans and to coordinate the plans of the town and those of others so as to bring about a coordinate and harmonious development of the area.” It also preserves the designation of the Planning Board as “the planning agency for the preparation or revision of the zoning ordinances of the town.”
We would expect Planning Board Chairperson Andy Ward to have been involved in the preparation of ZTA 24-01.
ZTA 24-01, however, rewrites what the Planning Board is “authorized” specifically to do, enumerating its duties with language provided in a N.C. statute, as follows:
- To prepare, review, maintain, monitor, and periodically update and recommend to the town council a comprehensive plan, and such other plans as deemed appropriate, and conduct ongoing related research, data collection, mapping, and analysis;
- To facilitate and coordinate citizen engagement and participation in the planning process;
- To develop and recommend policies, ordinances, development regulations, administrative procedures, and other means for carrying out plans in a coordinated and efficient manner;
- To advise the town council concerning the implementation of plans, including, but not limited to, review and comment on all zoning text and map amendments as required by N.C. General Statutes 160D-604;
- To exercise any functions in the administration and enforcement of various means for carrying out plans that the town council may direct;
- To provide a preliminary forum for review of quasi-judicial decisions, provided that no part of the forum or recommendation may be used as a basis for the deciding board;
- To perform any other related duties that the governing board may direct.
The new language is consistent with N.C. General Statutes 160(D)-301(b), a statute about local planning boards. It’s tighter, clearer, and more empowering and relevant than the language that the Southern Shores Town Code currently has. We hope it will encourage the Planning Board to continue to be assertive and preemptive in developing and recommending “policies, ordinances, development regulations, administrative procedures, and other means” to protect the Town of Southern Shores and its residents.
By Ann G. Sjoerdsma, 2/18/24
The Southern Shores Beacon 