Greenville Board of Adjustment Meeting – January 25, 2018

The Greenville Board of Adjustment met on January 25, 2018, to consider four special use permit requests and conduct an annual review of public private clubs and dining/entertainment establishments. The meeting included public hearings, expert testimony, and board deliberation on each item.

Consent Calendar

• Approval of Minutes: The minutes from the previous meeting were approved by unanimous consent.

Old Business

Special Use Permit Amendment – John Paul II Catholic High School Athletic Complex

• Request: 4JP2 LLC sought to amend an existing special use permit to add a 23.49-acre athletic complex (football, baseball, softball, soccer, gymnasium) as an ancillary to the high school at 2725 East 14th Street (tax parcels 39147 and 06793). The existing property is 6.8 acres with a 22,460 sq ft building.
• Staff Presentation: Elizabeth Bunt reported that notice was mailed to property owners within 500 feet on January 8, 2018, and public hearing notices were published on January 15 and 22. Staff recommended several conditions, including site plan approval, a traffic analysis, incorporation of the complex into the school campus, prohibition of third-party use, lighting restrictions (must not shine into residential premises or public rights-of-way, shielded to contain light cones within property boundaries), and a ban on outdoor amplified sound (defined as sound from amplifying equipment where the source is outside or propagates through open doors/windows). Sound from scheduled athletic events is exempt from noise limits.
• Applicant Testimony: Attorney Christian Porter represented the applicant, joined by principal Craig Contencio and engineer Brian Fagundus. Contencio stated the school has about 60 students and can accommodate up to 200. They plan competitive sports (soccer, baseball, track, volleyball, basketball, football in a couple of years). Parking will be in designated lots. Porter requested clarification that use by the feeder school St. Peter Catholic School would be acceptable and that the amplified sound ban does not prohibit PA systems at games.
• Public Comment: No one spoke in opposition.
• Staff Recommendation: No objection with recommended conditions.
• Board Vote: The board accepted findings of fact and approved the petition with conditions (motion carried unanimously).

New Business

Special Use Permit – People's Baptist Church / Greenville Christian Academy Childcare Facility

• Request: Operate a child care facility within an existing building at 1621 Southwest Greenville Boulevard (tax parcel 30812, 18.92 acres, zoned RE20). The facility would serve K3 through 12th grade; the school currently has 212 students.
• Staff Presentation: Notice mailed January 9, 2018; published January 15 and 22. Staff recommended compliance with city code, state licensing, and NCDHHS regulations (including religious-sponsored facilities under NCGS §110-106). Applicant must submit a letter from DHHS and floor plans when applying for building permit.
• Applicant Testimony: Mike Lopez, school administrator, stated they were unaware they lacked a special use permit for pre-K and kindergarten, are operating under a notice of compliance, and have met all requirements.
• Public Comment: None in opposition.
• Staff Recommendation: No objection with the recommended condition.
• Board Vote: Unanimously approved with condition.

Special Use Permit – Reuben Glenn Wiley Moving and Storage (including outside storage)

• Request: Operate a moving and storage company with outside vehicle storage at North Green Street and Gum Road (tax parcel 1619, 0.7616 acres, zoned CH). The lot is currently vacant; the applicant intends to use it as an overflow area for a towing service (G Vegas Towing).
• Staff Presentation: Notice mailed January 9, 2018; published January 15 and 22. Staff recommended conditions: property shall not become a junkyard; no vehicle stored more than 15 days; compliance with city towing regulations (Title 11, Chapter 7). Other comments: site plan, floodplain development permit, erosion control plan, and stormwater management plan required prior to occupancy. Staff clarified that towing regulations require a solid fence or wall to conceal vehicles from view from streets/public ways.
• Applicant Testimony: Mike Baldwin represented Glenn Wiley. He explained the original plan to build a cleaning business office was cost-prohibitive due to flood elevation requirements, so they now seek to store towed vehicles for short durations. He estimated a maximum of 40 vehicles. Asked about what happens after 15 days, staff said vehicles would be moved to the primary location. The applicant agreed to comply with screening requirements.
• Public Comment: None in opposition.
• Staff Recommendation: No objection with recommended conditions.
• Board Vote: Approved unanimously with conditions.

Special Use Permit – DeWitt Carolinas Dormitory Development

• Request: Operate a dormitory development (mixed-use) on two blocks bounded by Charles Boulevard, 14th Street, 13th Street, and Cotanch Street (tax parcels as listed). The project proposes 294 units (804 beds) and 10,000 sq ft of commercial space in an eight-story parking deck and residential buildings (eight- and five-story). The property is zoned CDF UC (downtown commercial fringe with urban core overlay).
• Staff Presentation: Notice mailed January 9, 2018; published January 15 and 22. Staff recommended conditions: compliance with dormitory development requirements; compliance with approved traffic impact analysis recommendations (TIA still under review by city and NCDOT). Other comments: lobby square footage not acceptable as retail; must meet fire/building codes; comply with city code regarding temporary construction equipment. Staff noted that the submitted site plans have not been through technical review and may change.
• Applicant Testimony: Attorney Michael Birch introduced a team: Todd Sage (CEO, DeWitt Carolinas), Everett Daniels (President), Brian Fagundis (civil engineer, accepted as expert in civil engineering and site planning), Bobby Long (architect, accepted as expert in architecture and building design), Jessica McClure (traffic engineer, accepted as expert in traffic engineering), Jack Bianco (GrayStar Student Living, accepted as expert in student housing market research/analysis), and Paul Cuomo (appraiser, accepted as expert in appraisal and property value impacts).
  • Brian Fagundis: The site plan occupies two city blocks; Glenn Author Avenue would be closed. The plan complies with land use plan and zoning. Access is from Cotanch and 13th Street. Pedestrians will be funneled to the signalized intersection at 14th and Charles. The parking deck has 694 spaces (0.8 per bed). Geotechnical investigations will follow. He opined the use complies with special use standards.
  • Bobby Long: Buildings are steel-frame (non-combustible) with 360-degree design, no balconies. Main pedestrian access is at the southeast corner (14th and Charles). The eight-story parking deck includes a pool on top, accessible only to residents. Open lawn for outdoor amenities.
  • Jessica McClure: Traffic study scoped with city and NCDOT; uses approved methodology from similar housing. Analyzed intersections at Charles/14th, 14th/Evans, Evans/10th, Charles/10th, Cotanch/14th, and 13th/Charles. All operate at acceptable levels of service under existing and projected traffic, including the 10th Street connector. Peak hour trips: 48 total (entering/exiting) in AM, similar in PM. Recommended signal timing coordination on 14th Street. Regarding pedestrian safety: a mid-block crossing on Charles was considered but rejected by city and NCDOT due to geometric constraints (curve, visibility). Instead, pedestrian traffic will be directed to the signalized crosswalk at 14th and Charles. The TIA is still under review; final comments expected next week.
  • Jack Bianco: The site is 0.3 miles from ECU (5-7 minute walk). Typically, 50% or more of vehicles in such complexes remain parked for multiple days. University enrollment is growing (7.5% over last five years; projected to reach 30,000 by fall 2019). Current off-campus housing within 1.8 miles has 97%+ occupancy and 50-75% pre-leasing. The project will increase demand in the area by attracting students from on-campus and properties outside the 1.8-mile radius.
  • Paul Cuomo: Using the Province (similar development built 2010 across the street) as a case study, he concluded the proposed use is at its highest and best use, fits the neighborhood's revitalization cycle, and will not injure adjoining properties. Land values in the area have increased from $13.83/sq ft to $31.76/sq ft. Commercial property values have risen 8.5% on average. He stated the project will not cause harm to abutting properties.
  • Additional Support: Max Joyner, owner of two blocks of property in the area, testified he has been buying there since 1982 and believes the neighborhood is ready for transition. The city has already zoned the area for commercial use; if a house burns down more than 50% it cannot be rebuilt, indicating the land is ripe for redevelopment. He emphasized the developer's commitment to safety.
• Public Opposition:
  • Donna Whitley: Expressed concerns about traffic and pedestrian safety at the intersection (14th and Charles already dangerous), market saturation of dormitory units (citing a study not in evidence), and potential for blight if units become vacant. She stated she lives nearby and uses the intersection frequently. Her testimony was largely opinion; board noted it could not rely on the study or opinion unless presented by an expert.
  • Barney King: Lives less than half a mile from the project (Stratford Arms). He argued that pedestrian traffic from 800 people will exacerbate safety issues at 14th and Charles, cited the existing difficulty exiting his complex, and referenced a past traffic fatality on 10th Street that led to a traffic light. He urged the board to use common sense. His testimony was also opinion.
• Board Discussion:
  • Several members acknowledged the limitation of considering only facts and expert testimony. Concerns about pedestrian safety were addressed by noting that the traffic impact analysis includes pedestrian considerations and that the developer expressed willingness to add crosswalks and striping if required.
  • Member Ballas noted the importance of focusing on the seven special use permit standards (conditions/specifications, comprehensive plan, health/safety, detriment to public welfare, existing uses detrimental, injury to properties/improvements, nuisance/hazard). Member McKinnon emphasized that pedestrian safety is a factual concern and that the developer's openness to adjustments provides a basis for a condition.
  • The board rejected adding a specific pedestrian condition, as the staff condition already requires compliance with approved traffic impact analysis recommendations, which encompass pedestrian safety.
• Staff Recommendation: No objection with recommended conditions.
• Board Vote: The board first accepted findings of fact with conditions (motion carried). Then approved the petition with conditions (motion carried). Because contested facts were presented, the board directed the city attorney to draft a written decision for presentation at the next regular meeting.

Key Outcomes

• John Paul II High School Athletic Complex: Approved unanimously with staff conditions.
• People's Baptist Church Childcare: Approved unanimously with condition.
• Reuben Glenn Wiley Storage: Approved unanimously with conditions (including 15-day storage limit and screening).
• DeWitt Carolinas Dormitory Development: Approved with staff conditions (including compliance with traffic impact analysis). The board directed the city attorney to draft findings of fact and written decision.
• Annual Review of Public Private Clubs and Dining/Entertainment Establishments: Staff presented an inventory of 10 public private clubs and 7 entertainment establishments with special use permits. Lt. Tindel from the Greenville Police Department explained that calls-for-service data may be misleading because incidents occurring near a location are often logged to that address; he reviewed incident reports and found no significant concerns. No board action required.