Loading...
200901 Jan PBMMinutes of the New Hanover County Planning Board January 8, 2009 The New Hanover County Planning Board met Thursday, January 8, 2009 at 5:30 p.m. in the Assembly Room of the Historic County Courthouse, Wilmington, NC to hold a public meeting. Planning Board Present Melissa Gott, Chair Richard Collier Andy Heath Sandra Spiers Ken Wrangell Planning Board Absent: Sue Hayes Jay Williams Staff Present: Chris O'Keefe, Planning Director Sam Burgess, Principal Development Planner Jane Daughtridge, Senior Planner Sharon Huffman, Assistant County Attorney Melissa Gott opened the meeting by welcoming the audience to the public hearing. Sam Burgess led the reciting of the Pledge of Allegiance. Andy Heath made a motion to approve the November and December meeting minutes; Richard Collier seconded the motion. The Planning Board voted 5-0 to approve the minutes. Item 1: Special Use Permit (5-587, 1/09) - Request by South College Associates for a special use permit for high density residential for a total of 218 units on approximately 35 acres in an R-15 Residential zoning district on remaining Johnson Farms tracts off S. College Road near Still Meadow Drive. The land is classified as Urban on the 2006 CAMA Land Classification Map. Jane Dau hg tridge showed maps and photographs of the property and of the surrounding area. Ms. Daughtridge provided information pertaining to land classification, access, levels of service, zoning, water quality, and soils. Ms. Daughtridge showed the site plan and indicated several points of access. Chris O'Keefe provided the following findings of fact: Preliminary Staff Findings 1. The board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. A. The subject property is located within the Myrtle Grove Fire District. B. Public water and sewer are needed to serve the site. The Cape Fear Public Utility Authority states that sewer capacity is not available until spring of 2009. C. None of the subject property is located in a 100-year floodplain, and no other conservation resources are present. D. Traffic level of service on S. College Road is F, meaning traffic counts exceed the capacity of the roadway and LOS E on Carolina Beach Rd. E. A traffic impact Analysis has been prepared and the required improvements have been outlined in a letter from the MPO. 2. The Board must find that the use meets all required conditions and specifications of the zoning ordinance. A. The site is located in an R-15 Residential Zoning District. High density development (up to 10.2 units per net acre) may be allowed by Special Use Permit under certain conditions in an R-15 Residential District. B. Access to the site is available from multiple connection points. Primary access will be off S. College Road via Still Meadow Drive, which will be improved to a collector road. Additional access is planned through Henderson Park Subdivision via Cloverland Way, Trumpet Vine Way and Goodwood Way. Another major access point is off Carolina Beach Road via Shade Tree Lane to Gate Post Lane, extended. C. The New Hanover County Comprehensive Plan classifies the area as Urban. D. The proposal indicates 74 single family lots on 25.26 acres and 144 multi-family apartments on 9.99 acres. E. Off-street parking of 293 spaces proposed for the apartments exceeds the requirements of the ordinance. F. Storm water detention ponds have been planned for the site and must be permitted in accordance with the standards of the county ordinance. G. Total impervious surface is proposed at 38.6% in the multi-family portion. The single family portion complies with a proposed 343%. The ordinance allows up to 40% of the gross site. H. Total open space and improved recreation areas meet the minimum 35% in R-15 requirement of the ordinance. L Improved recreational space meets the minimum 15% requirement of the ordinance. J. No buffers have been proposed adjacent to the existing residential properties because the Johnson Farms development is a high density project. 3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. No evidence has been presented at the time of this writing that the proposed use will injure the value of adjoining or abutting property values. B. Several apartment or condominium complexes are located within a mile of this site, including, Tesla Park, The Gardens, Saylors Watch, Myrtle Grove Village, Still Meadow, Willoughby Park, Magnolia Trace, Winding Branches, and others. 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. A. The 2006 Joint Land Use Plan encourages higher density development to be located in urban areas where public services are already in place. Services are not currently available for this site but are anticipated within the near fi ture. B. Surrounding land uses include multi-family and single-family development. C. This project is within the annexation study area for the City of Wilmington. City staff was contacted to ask for comments. Staff Comments: The TRC reviewed and approved the preliminary site plan on November 12, 2008 with the following requirements: 1) No gates or obstructions will be allowed within the project. A fire hydrant plan acceptable to County Fire Services will be required prior Final Plat approval. 2) The collector road known as Still Meadow Drive leading from South College Road to the project will be designed, platted, and recorded as a dedicated public right-of-way. 3) TIA requirements embraced by NCDOT and the WMPO for off-site road improvements on South College Road will be required through an approved NCDOT Driveway Permit. 4) Once the Special Use Permit is approved, the TRC will want to review the project again. 5) Low Impact Development (LID) techniques are recommended for the project. 6) According to the Cape Fear Public Utility Authority, sewer capacity will not be available until the Spring, 2009. 7) The parking lot areas will need to be named (unduplicated) for addressing purposes. 8) Gate Post Lane will need to be properly aligned per NCDOT comments. Cindee Wolf landscape architect with Withers and Ravenel, representing South College Associates, LLP stated that the proposal represents the third phase of Still Meadow Village which is originally part of the master plan for Johnson Farms. Ms. Wolf stated that the proposed infill development is ideal for urban classification because services are already in place. Ms. Wolf stated that the proposal utilizes many access points but that its primary access would be Still Meadow Drive which was built closely to collector road standards but that they would make any additional required improvements. Ms. Wolf also stated that Still Meadow Drive would provide a much needed connection between Carolina Beach Road and South College Road as well as connecting all of the infill within Johnson Farms. Ms. Wolf stated that a tree survey was conducted and that they would mitigate the few significant trees identified on site except for the single family lots at Fortune Place which would be left uncleared. Ms. Wolf stated that the project exceeds open space requirements and is a good project for the expansion of a successful apartment complex. Ms. Wolf explained that although the Motts Creek pump station is not accepting sewer extensions, that Newland Communities (developer of the River Lights project) has planned to expand and improve the Motts Creek pump station; thus projects in need of sewer capacity must be fully approved and permitted in order to receive sewer once its back online and accepting new applications. No one spoke in opposition. Richard Collier stated that this proposal was heard before the Technical Review Committee (TRC) and it was favorably received as a good infill project which utilized interconnectivity and is sensitive to all of the surrounding neighbors. Mr. Collier stated that at the TRC meeting, the petitioner agreed to improve Still Meadow Drive to collector road standards and dedicate it a public right of way. Mr. Collier made a motion to recommend approval of the item with staff and TRC comments (11/12/08). Sandra Spiers seconded the motion. The Planning Board voted 5-0 to recommend approval of the item with conditions. Item 2: Special Use Permit (5-13, 6/71, modification request 1/09) - Request by Shanklin & Nichols for Carolina Marina & Yacht Club (Tim Ward) for a major modification to existing special use permit for a commercial marina in an R-15 Residential zoning district. The area is classified as Conservation on the 2006 CAMA Land Classification Map. The request is to allow operation of a forklift pier approximately 190 feet long and 32 feet wide with approximately 195 foot long "T" drop zone at 1512 Burnett Road. Jane Dau hg tridge showed maps and photographs of the property and of the surrounding area. Ms. Daughtridge provided information pertaining to land classification, access, levels of service, zoning, and flood zones. Ms. Daughtridge showed and compared the approved and proposed site plan and provided a history of the item. Ms. Daughtridge briefly explained that a special use permit was originally issued in 1971 and over the years the site plan has been modified through a series of administrative approvals. Ms. Daughtridge stated that the County acknowledges the September 2005 site to be the current valid plan. Ms. Daughtridge stated that the proposed plan increases the pier's width and length in order to accommodate a forklift. Chris O'Keefe provided the following findings of fact: Preliminary Staff Findings 1. The board must find that the modification will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. A. The subject property is located within the Myrtle Grove VFD. B. Private water will be provided by an on-site well, and sewer is to be provided by Aqua, NC. C. All utilities will be underground. D. The subject property is located in a 100-year floodplain VE zone. E. The site is located in a Primary Nursery Area. F. The site is located in SA shellfishing waters. G. The site is located in an R-15 Residential Zoning District. H. The site is approximately 2.9 acres in size with 240 feet of waterway frontage. L Access to the site is from Silver Ave. and Burnett Road, local streets that deliver traffic to Carolina Beach Road, a major arterial thoroughfare. J. A Special Use Permit was issued in 1971 for expansion of an existing marina. The original site plan has been altered by administrative approvals over a long period of time. The current valid site plan was administratively approved in September of 2005. K. This requested modification proposes elimination of the boat ramp, combination of the two piers shown on the September 2005 plan into one 24' wide pier plus 8' walkway with approximately 425 sq. ft. fuel attendant station and expanded wave attenuating T-end of 195'. L. The current valid site plan, administratively approved in September, 2005, shows a boat ramp with eight-foot wide by 215 foot long floating dock to the south, plus smaller floating docks north of the launch area of the ramp, and replacement of an existing four-foot wide by 190 foot long pier, plus addition of a ten-foot wide "T" end floating fiiel dock approximately 70 feet long. The landward area consists of a clubhouse and parking area with 41 oversized parking spaces to accommodate boats on trailers, plus 45 standard spaces for the clubhouse. 2. The Board must find that the modification meets all required conditions and specifications of the zoning ordinance. A. The proposed location of the clubhouse facility is in a Special Flood Hazard Velocity zone, and must meet the elevation requirements set out in the flood code for such strictures. No enclosures are allowed below flood elevation except under standards specified in the flood ordinance. B. The location of the proposed clubhouse encroaches into the Conservation Overlay District. Applicant argues that exemption should apply because the original approval pre-dated inclusion of COD. However, the clubhouse has not been issued a building permit at this time and could be relocated outside the COD. C. According to the Major Permits Coordinator for Coastal Management, the applicant's prior dredging proposal received objection from Marine Fisheries because of the primary nursery area impacts. A variance from the Division of Coastal Management would be required in order to dredge up to the ramp. The applicant wishes to eliminate the ramp and substantially expand the width of the existing pier in order to utilize a forklift for dropping of boats closer to the channel rather than launching from the ramp in to shallow water. D. A marina requires a special use permit and site-specific site plan to operate in a residential district. E. Parking must meet the requirements of the current zoning ordinance for the combined range of uses of the property. The proposed plan depicts reductions in parking to 39 oversized spaces and 44 standard spaces from 41 and 45, respectively, on the currently valid plan. F. Buffering must meet the requirements of the current ordinance. The proposed plan shows a 10 ft. buffer along property lines. G. Night lighting must be contained on site per the ordinance. H. Stormwater permit will need to be reviewed to determine if a new permit is needed based on proposed modification of impervious area to accommodate a forklift path. L A new CAMA permit will be required if this proposal is approved by the county. 3. The Board must find that the modification will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. Marinas in Residential zoning districts require special use permits in order to evaluate and mitigate potential negative impacts on surrounding residential quality of life. B. The applicant intends to deliver boats to the water via a forklift. The use of a forklift was authorized by the Board of Adjustment in January, 2007 (ZBA-793). C. Widening the pier stricture will facilitate use of a forklift to drop boats in deeper water. D. Delivery of boats to the water via forklift is most often associated with dry stack storage of boats. E. Stacked storage of boats, on any sort of racks or strictures, is not part of the approved site plan for S-13 (1971). The 1971 minutes of approval couched parking within the context of "larger parking spaces for cars with boat trailers." F. Applicant has formerly made application for approval of dry stack storage of boats, and was most recently denied by County Commissioners on July 7, 2008. An appeal of that decision has been filed in Superior Court but has not been calendared. G. The applicant is not requesting approval of dry stack storage of boat as an accessory for this marina. H. Boating is not a public necessity, but increased public access to the water is an important goal in coastal counties. 4. The Board must find that the location and character of the use if modified according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. A. The New Hanover County Comprehensive Plan classifies the site as Conservation. The purpose of the class is to provide for effective long-term management and protection of significant, limited, or irreplaceable natural resources while also protecting the rights of the property owner. Water-dependent uses are appropriate. B. With limited exceptions, the 2006 CAMA Land Use Plan prohibits dredging in a primary nursery areas and open shellfishing waters; therefore, removal of the boat ramp would be in harmony with the area and consistent with the land use plan. C. The immediate surrounding area is populated with residential uses. An industrial style forklift pier adjacent to the residential and neighborhood recreational uses may be incompatible with the character and harmony of the area in which it is located. Staff Comments: 1. Re-opening the existing special use permit allows for a whole case review, including addition of conditions on undeveloped portions of the project. For example, impervious limits by today's stormwater riles and imposition of setbacks to meet Conservation Overlay District requirements could be applied as conditions. Staff feels that these standards should be required for any improvements not currently in place in order to reduce negative environmental impacts and to bring the project into compliance with modern standards. 2. If approved, the order should clearly specify all desired conditions and clarifications, most especially the issue of on-site boat storage and the idea of stacking boats, whether enclosed or unenclosed. This project has been contentious with the neighborhood for many years, and there has been a long history of proposed use modifications which would change the character of the project to industrial or higher intensity commercial use in this residential neighborhood. Since the history of the project has been contentious and speculatively debated through the years, staff feels that clearly establishing the details and intent of approval would be an important step to resolve matters and create predictability for all parties, including any potential future modification requests, staff interpretations, or appeals to the Board of Adjustments. 3. Zoning enforcement staff has expressed a desire for a clarification as to the county's position on use of the clubhouse for sit-down food service for members only versus the general public. A condition on the 1971 approval requires that "sales and services connected with the operation of the club facility shall be incidental to the marina's operation." To date the interpretation has been that the clubhouse is a private club associated with the marina, and food service would only be allowed for members and their invited guests. 4. Acknowledgement of all conditions should be added to the notes on the site plan. STAFF RECOMMENDS the following additional conditions and clarifications if the modification is approved: 1. The marina may park up to 39 boats on standard boat trailers as indicated on the proposed site plan or may store 39 boats on unenclosed cradles/racks in a single layer and at a height off the ground that roughly approximates a boat on a trailer, if appropriately drawn and labeled on an approved site plan and if allowable under the special flood hazard regulations. Stacking of boats at more than one layer shall not be allowed on either a permanent or a temporary basis. Explicit approval for dry stack storage at a marina in a residential district must be granted by a special use permit through the New Hanover County Board of Commissioners. 2. The location of boats being parked or stored for delivery by forklift to the water shall be restricted to the area showing 32 foot long parking spaces and shall be designated as the boat parking and storage area on the approved site plan. The forklift shall not lift or move boats north of the "15' Landscape Area" shown on the site plan. 3. Additional sound muffling equipment shall be required for the forklift in order reduce noise impacts on the surrounding residential area. 4. The Conservation Overlay District standards shall apply to all new constriction permits, and the approved site plan shall make such notation. 5. If a new stormwater permit is required, standards for impervious surface coverage shall meet current state and county standards for areas adjacent to shellfishing waters. In no case shall impervious areas be greater than 46,184 sq. ft. 6. Sales and services connected with the operation of the club facility shall be incidental to the marina's operation. 7. No outside sales shall be allowed except at the fueling dock. 8. Food and beverage services will be allowed only as a minor amenity to persons utilizing the marina facilities and shall not be a frill service bar or restaurant to serve the general public. 9. Signage shall be limited to one sign no larger than 32 square feet in size and non- illuminated. 10. A new CAMA permit must be obtained, and a marine pump-out shall be provided. 11. A building permit for the approved pier must be issued within 24 months of approval or 5-13 shall expire in its entirety and shall be void and of no effect. 12. No uses shall be made of the property except those expressly noted on the approved site plan and noted on the order granting the special use permit. 13. The intensity of the uses shall not be increased except by permit modification with approval of the New Hanover County Board of Commissioners. Melissa Gott asked staff to draft a list comparing elements, such as pier width and length, of the approved September 2005 site plan and the proposed site plan. Ken Shanklin, an attorney representing the applicant briefly introduced his team and stated that the proposed plan is nothing like the former plans which were denied by the Planning Board and County Commissioners. Mr. Shanklin stated that the proposed plan is more useful and more environmentally sound. Tim Ward, owner of Carolina Marina & Yacht Club provided his calculations of the differences in square footage, pier length and width between the approved and proposed site plans. Mr. Ward provided an overview of the proposed modifications including: modification of the northern CAMA approved pier; add small pathway to pier; eliminate boat ramp; eliminate southern pier; and improve floating docks. Mr. Ward distributed information regarding wave attenuating docks to the Board. Mr. Ward stated that the benefits of the proposed plan include: no permanent wet slips, no southern pier, no boat ramp, enhanced opaque vegetative buffer; and an approved stormwater infiltration system. Mr. Ward stated that additional features of the proposed plan include: wave attenuating docks, limited marina and clubhouse hours, sound dampening and/or strobe light options for marina equipment, and no major boat repairs at marina site. Mr. Ward added that the proposed plan attempts to provide a better environmental method to get boats to the water rather than the existing boat ramp. Mr. Ward stated that all required permits are in hand except for the modification to the special use permit. Ken Wrangell asked Mr. Ward to specify what the intended hours of operation for the clubhouse and snack bar will be. Tim Ward stated the marina would operate between 7:00 a.m. until 8:00 p.m. during peak season and from 8:00 a.m. until 6:00 p.m. during non-peak season. Mr. Ward stated that the clubhouse would open at 11:00 a.m. during both peak and non-peak seasons and close one hour after the marina closes which would be at 9:00 p.m. during peak season and 7:00 p.m. during non-peak season. Richard Collier asked Tim Ward to explain what he means by "no major repairs would be done on site". Tim Ward stated that he would have one on site mechanic in case someone's boat would not start and they were ready to go out on the water. Mr. Ward stated that he would also like to polish and rinse boats on site. David Ward, an adjacent property owner, spoke in opposition to the item and distributed his supporting documentation to the Planning Board. Mr. Ward stated that he opposed the proposal because it would be a hazard to the residents, it is not in harmony with the neighborhood, and will derogate the natural environment. Mr. Ward stated that the proposed plan is very similar to the February 2008 plan which was turned down by the Planning Board and County Commissioners. Mr. Ward stated that the approved September 2005 plan is not approved by CAMA because the floating docks were not authorized by CAMA because the water is too shallow and that the proposed plan has insufficient water depths to launch boats. Mr. Ward referred to the documents he distributed for photos illustrating the shallow water. Mr. Ward stated that the proposed plan will change the character of the neighborhood; residents will not be able to swim or enjoy the homeowners lot because of boats; it will decrease property values; Violet Ward will not be able to use her pier to fish because boats will be coming and going.; and the proposed plan will destroy clams and shellfish. Mr. Ward stated that the original special use permit from 1971 designated the parking spaces for temporary parking of boats on trailers and not for permanent storage or boat racks. Mr. Ward stated that a fork lift is an unnecessary piece of equipment unless Tim Ward plans on operating dry stack storage. Mr. Ward stated that the proposed site plan is a back-door attempt to get dry stack storage at the marina. Mr. Ward stated that the type of fork lift Tim Ward proposes to use would violate the decibel limits as proscribed by the New Hanover County sound ordinance. Mr. Ward added that the fork lift would need to use a horn per OSHA requirements. Ken Shanklin stated in his rebuttal that the water depths are sufficient enough to launch boats and that various agencies have confirmed and approved boat launch at the proposed location. Mr. Shanklin stated that the proposed plan is intended to be a safe, environmentally sensitive plan that enables his client to utilize the property better, eliminate the boat ramp, and utilize the fork lift. Mr. Shanklin stated that the proposed plan will need to be modified slightly to comply with their CAMA permit. Ken Wrangell asked Mr. Shanldin to show him the site plan from which the CAMA permit was issued. Mr. Wrangell wanted confirmation that the CAMA permit allowed for a fueling station. Jane Dau hg tridge showed Mr. Wrangell the site plan that is associated with the CAMA permit. Tim Ward stated that the site plan which CAMA approved specifically states "floating fuel dock" on the site plan. Ken Wrangell stated that the proposed plan requests a stationary fuel dock instead of a floating dock. Tim Ward confirmed that statement as affirmative; both agreed that a stationary fuel dock is safer. David Ward stated in his rebuttal that Fritz Rohde, biologist with NC Division of Marine Fisheries stated that he has never seen a site plan nor approved a site plan for Carolina Marina & Yacht Club. Mr. Ward stated that the proposed plan is not in harmony with the neighborhood and will be unsightly and noisy. Mr. Ward stated that the proposed pier will be larger than Johnny Mercer's pier and is an industrial size project. Mr. Ward added that the wake generated by boats in that area can be four to five feet high and would be dangerous if a marina was located there. Holley Snider, New Hanover County field representative for NC Coastal Management stated that Jane Daughtridge showed copies of the plans to her after Fritz Rohde left. Ms. Snider stated that she has received the proposed plans and the plans have not been approved by CAMA or the Division of Marine Fisheries. Richard Collier asked Tim Ward to confirm that a 20 foot opaque buffer was to be established and asked how much further the proposed pier would extend, beyond the pier which was approved by LAMA. Mr. Collier stated that he appreciated Tim Ward accommodating the Board's suggestion of limiting the marina's hours of operation. Tim Ward stated that the proposed pier length is approximately 10 feet longer than the approved pier length. Richard Collier asked Tim Ward to describe how the forklift would operate and how pedestrians would be protected on the walkway. Tim Ward stated that pedestrians would be restricted at the gated fuel station with a fuel attendant when the forklift was in operation. Mr. Ward stated that the southern portion of the floating pier will be the primary location for launch and retrieval. Mr. Ward stated that he feels that the proposed plan adequately and safely separates the operation of the forklift from the customers. Ken Wrangell asked Tim Ward if he would accept as a condition to consult with OSHA and establish a safe working guideline for forklift operation and pedestrian area. Tim Ward stated that he is very familiar with OSHA standards and would accept the condition and would put into place a written safety manual for the operation of the forklift system. Ken Wrangell stated that the forklift operation is a dangerous proposition but can be made safe. Sandra Spiers asked Tim Ward to explain how he would mitigate the forklift noise that David Ward stated would exceed the County's permitted decibel levels. Tim Ward stated that the forklift drop zone is at least 500 feet from the nearest residence and the distance would help dissipate the noise. Mr. Ward added that he would accept as a condition that he would purchase sound dampening equipment to help lessen the noise. Jane Dau hg tridge provided the Board with the requested site plan comparison. Ms. Daughtridge stated that the 2005 site plan's pier calculated to 5,004 square feet and the proposed plan's pier would be approximately 8,289 square feet. Richard Collier asked if there are any floating docks associated with the proposed plan or wet slips. Tim Ward stated that there are no permanent wet slips; only temporary tie-ups. Richard Collier asked staff if the conservation overlay district (COD) issue was ever resolved or is the project not subject to COD restrictions given the original special use permit issuance in 1971. Chris O'Keefe stated that he believes that the COD should be applied to the project when a building permit is applied for so that the COD does apply to this project. Richard Collier asked Mr. O'Keefe when he stated building permit, was he referring to the constriction of the clubhouse or the pier. Chris O'Keefe stated that the application for a building permit to constrict parking and the clubhouse would make the project subject to COD regulations. Richard Collier asked staff if the amount of impervious surface of the proposed site plan meets or is less than the approved site plan. Mr. Collier asked Tim Ward if the stormwater permits and infiltration system are adequate for the proposed plan. Jimmy Fentress with Stroud Engineering stated that the proposed plan is a 1% increase in impervious surface and that the proposed infiltration system can handle a 1% increase with minor modification to the system. Mr. Fentress stated that they will have to apply for a new stormwater permit. Richard Collier asked staff if they would support the 1% increase in impervious surface and the resulting modified stormwater permit. Chris O'Keefe stated that staff does not have an issue with the increase and that the Division of Water Quality will address the increase when Tim Ward applies for a new stormwater permit. Melissa Gott asked Tim Ward if he accepted all of the staff s recommendations and conditions. Tim Ward stated that he cannot accept staff s condition that a maximum of 39 boats be parked at the marina and cannot accept the condition that the boats be only a single layer and not stacked. Sandra Spiers stated to Tim Ward that he is hurting his case by not accepting the staffs conditions and recommendations and felt that limiting the project to only a single layer of boats appears to be a very important condition. Richard Collier stated that the Board has previously agreed that dry stack storage is not harmonious in a residential area and that more than one layer constitutes a stack. Tim Ward stated that he could agree to single layer of boat storage if he could store more than 39 boats. Richard Collier asked Tim Ward how many boats does he need to store for the project to be feasible. Tim Ward stated approximately 65 to 80 boats. There was discussion of converting 25 car parking spaces into boat parking spaces. It was stated that a minimum of 20 spaces must be dedicated to the clubhouse and five spaces may be used as shared parking for projects with dual uses. Jane Dau hg tridge stated that the proposed site plan does not depict this shared parking scenario. Ms. Daughtridge stated that a site plan depicting exactly what Tim Ward is proposing is required. Tim Ward stated that his site plan states that 20 parking spaces are dedicated to the clubhouse and 25 parking spaces are for an undefined use including overflow clubhouse parking or boat parking. Jane Dau hg tridge stated that this new parking scenario would need to be reviewed by code enforcement to determine if it is permissible. Tim Ward stated that he had already spoken to Ann Hines, Chief Zoning official and she stated that only 20 parking spaces were required. Mr. Ward added that the original special use permit never indicated a limitation of the quantity of boats allowable on the site. Ken Wrangell asked staff what was the intent of prohibiting forklift operation north of the 15 foot buffer. Jane Dau hg tridge stated that the condition was intended to keep industrial style activity away from the adjacent public access areas. Tim Ward provided some details regarding the project's vegetative buffer and landscaping. The Planning Board took a five minute recess. Melissa Gott stated that the proposed plan is the closest to a good plan of all that have been presented to date but that the Planning Board is uncomfortable about the absence of several items from the site plan including: • failure to identify on the site plan the specific number of car, boat, and flex parking spaces; • absence of 20 foot buffer area; • the type of rack stricture used to store the boats must be identified and; • staff s recommendations and comments must be incorporated into the site plan. Ken Shanklin asked for a complete list from staff by the beginning of next week and that they would try and address all the items so that the item can be heard at next month's meeting. Ken Wrangell requested that the following items be included on the site plan: • Hours of operation of the snack bar and the club house; • Clearly indicate when is peak and non-peak season; • Inclusion of 20 foot vegetative buffer on site plan and; • Consult with OSHA to develop a safe working guideline for the forklift operation in a pedestrian area on the dock. Tim Ward asked if the amount of impervious surface (49,310 square feet) is acceptable. Richard Collier stated he does not think that the Board has any issue with the 1% increase in impervious surface so long as the plan meets county and state stormwater regulations. Mr. Collier added that the Board would have an issue if the site plan was revised to show 80 boats parked in designated grassy areas. Tim Ward stated that the amount of impervious surface is significantly lower than the original approved 1971 plan. Ken Wrangell made a motion to continue the item until the next Planning Board meeting; Richard Collier seconded the motion. The Planning Board voted 5-0 to continue the item until the next Planning Board meeting. Sam Burgess stated the Technical Review Committee's (TRC) did not meet in the month of December. Mr. Burgess stated that the Technical Review Committee would meet next on January 14, 2009. Melissa Gott stated that Board needed to elect a new Chair and Vice Chair. Richard Collier nominated Jay Williams as Chair of the Planning Board. The Planning Board voted 5-0 to elect Jay Williams as Chair of the Planning Board. Ken Wrangell nominated Richard Collier as Vice Chair of the Planning Board. The Planning Board voted 5-0 to elect Richard Collier as Chair of the Planning Board. Chris O'Keefe asked the Planning Board if they wanted to amend the Planning Board by-laws to hold elections in December instead of August so that terms would run a calendar year. Mr. O'Keefe stated that appointments are made in July. Mr. O'Keefe suggested leaving the schedule as it is currently with elections in August. The Planning Board agreed with Mr. O'Keefe and did not opt to change the bylaws. Ken Wrangell made a motion to adjourn the meeting; Richard Collier seconded the motion. The meeting adjourned at 8:10 p.m.