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Southern Pines council approves Penick Village conceptual plan with new height, setback and gate conditions
Summary
The council approved PD‑04‑25 (Penick Village) after lengthy public comment and negotiations; the approval caps building height at 60 feet measured under the town’s UDO, adds larger setbacks and planted buffers along Delaware Avenue, requires a fire‑marshal‑approved non‑audible gate opener (with Yelp required as backup), and requires watershed allocation or demonstration of pre‑1993 impervious surface before Phase E PDP approval.
The Southern Pines Town Council voted to approve Penick Village’s conceptual development plan (PD‑04‑25) on Nov. 6, setting zoning conditions designed to reduce visual and environmental impacts on neighboring properties while allowing the continuing‑care community to expand.
The motion, moved by the applicant’s primary mover and seconded by another council member, carried after an extended public hearing in which residents raised concerns about building height, stormwater, buffers and neighborhood scale. The council recorded the motion to adopt the CDP with a concurrent comprehensive plan map amendment and a set of conditions that staff will incorporate into a final revised CDP prior to any preliminary development plan application.
Why council acted: Planning staff and the applicant said the project responds to local needs for senior housing and that the campus is largely built out; the applicant said Penick’s existing independent‑living units are fully occupied and that there is a significant waiting list. Applicant Bob Koons told council, “there is a waiting list of more than 250 people to get into Penick,” as part of the justification for expanding capacity. Neighbors countered that taller, closer buildings would harm yard privacy, increase stormwater risks and remove lower‑cost housing and tax base.
Key conditions adopted: The council’s motion directs staff to amend the CDP to include (among other items):
- A definition of building height to match the town’s Unified Development Ordinance (UDO) and a 60‑foot maximum building height across the CDP measured to the top of the roof (UDO method). Buildings will be limited to a maximum of four stories under the CDP.
- East/Delaware edge protections: for buildings ≤35 feet, a 30‑foot building setback with a 20‑foot planted buffer; for buildings >35 feet, a 45‑foot building setback with a 30‑foot planted buffer (the planted buffer to follow Southern Pines landscaping standards).
- Ridge Street: a 30‑foot building setback required along Ridge Street for phases B and D (excludes phase A where an existing building’s status is uncertain).
- Watershed/Phase E: before any PDP approval for Phase E, the applicant must show that impervious surface does not exceed the pre‑1993 amount or secure watershed allocation.
- Emergency access: install a fire marshal‑approved, non‑audible gate opener usable by Southern Pines Emergency Services in addition to the existing Yelp siren; the Yelp remains required as a backup if a non‑audible alternative fails or is not approved by the marshal.
- Architectural process: the CDP will set architectural standards; council retained authority to require council review for deviations beyond the CDP and UDO standards. The council directed staff to clarify administrative review thresholds in the final CDP language.
What the approval means: Under the adopted CDP the number of units on the campus will be capped at the totals in the CDP (applicant asked for a cap of 474 total units — 268 existing plus 206 proposed). The CDP also establishes phasing and requires subsequent preliminary development plan (PDP) and site‑level reviews where neighbors will have additional opportunities to comment on stormwater and site designs.
Reaction: Neighbors at the hearing called for lower heights (three stories), larger buffers and specific measures such as a 6‑foot masonry wall along East Delaware; several asked that final decisions about stormwater basin locations and building placement occur at the PDP phase rather than be fully resolved now. The applicant agreed to several concessions on setbacks and buffers and to work with the fire marshal on gate technology.
Next steps: The applicant must submit a revised CDP reflecting the council’s directions before filing any PDP application. PDP and site‑level approvals will include detailed stormwater engineering and placement of buildings and will be subject to public hearings and administrative checks required by the CDP and UDO.
