DEVIL E S  TOWN OF KILL DEVIL HILLS  Land Where Flight Began  Birthplace of Aviation THCARO  NOTICE OF PUBLIC MEETING  NOTICE IS HEREBY GIVEN that on' Tuesday, July 16, 2024, at 5:30j p.m., the Kill Devil Hills Planning Board willl hold its regular meeting oft the month in the' Town Halll Meeting Room located at 102 Aj printed packet is available forj public inspection in the Office oft the Town Clerk, 102 Town Halll Drive. To schedule an inspection time, contact the Department at 252-449-5300. Packet materials can be viewed oni the' Town's website at htpsy/www.kdhne.com743/Meeins-AAgendas-Packets: Written public comments for thel Planning Board can be emailed to info@kdhnc.com. Comments musti include your name and address and are limited to three minutes for individuals, and: five minutes  Town Halll Drive, Kill Devil Hills.  Minutes.  when speaking for a group. Call to Order Agenda Approval Public Comment Response to Public Comment Ongoing Business New Business  AGENDA  Approval oft thel Minutes of the May 16, 2024, meeting  1. Zoning Amendment Request - $153.120(E)(4)) Low Density Residential Zone Site  Requirements - Amend Requirements for Permeable Pavement Lot Coverage Calculations for  Lot(s) Greater than One Acre Public Comment Response tol Public Comment Board Member Comment Adjournment Posted this 11th day ofJ July 2024. Jennifer Stecher  Administrative Assistant/Deputy Town Clerk  Copies to:  Mayor and Board of Commissioners, Planning Board members in their packet materials; Town! Manager; Town bulletin boards; Town Sunshine List, including alll local news media; Electronic Distribution List; Town website and social media; file  Post Office Box 1719.1 102 Town Hall, Kill Devil Hills, North Carolina 27948-252-49-3300-ynne.Adhm.com    Minutes of the Tuesday, May 21, 2024, meeting of the Kill Devil Hills Planning Board held at 5:30 p.m. in the Town Hall Meeting Room, 102 Town Hall Drive, Kill Devil Hills, North  Carolina.  Members Present: Chairperson Howard Buchanan, Jenniffer Albanese, Sandie Markland,  Natalie Painter, and Ron Seidman, II  Members Absent: Becky Breiholz and Phillip Wayland  Others Present:  Cameron Ray, Assistant Planning Director; Ryan Lang, Senior Planner;  and. Jennifer R. Stecher, Deputy Town Clerk  Call to Order  At 5:30 p.m., Chairperson Howard Buchanan called the Tuesday, May 21,2024, meeting  oft the Kill Devil Hills Planning Board to order and welcomed everyone present.  Agenda Approval  Natalie Painter moved to approve the agenda for this meeting. Ron Seidman seconded the  motion, which was approved by a unanimous, 4-0, vote. Approval of the Minutes of the February 13, 2024 meeting  Sandie Markland moved to approve the February 13,2024, meeting minutes, as presented. Ms. Painter seconded the motion, which was approved by a unanimous, 4-0, vote.  Public Comment Response to Public Comment Ongoing Business New Business  1. Site Plan Review. - 1106 Blue Jay Street - Proposed Professional Office Building  (Dentist Office)  The site plan review submittal by Created Engineering Solutions, on behalfofDriftwood Dental, for aj proposed office building (Dentist Office) at 1106 Blue Jay Street in the Commercial Zone. The proposed plan calls for construction ofa 3,400 square foot office building with 20  DRAFT Minutes May 21,2024 Planning Board Page 1of3    parking spaces, and associated site improvements. The. Professional Office (L)i is aj permitted use int the Commercial Zone 153.176. The: meeting packet included the site plan application, proposed site plan, site narrative, and applicant's response to Staff's Technical Review comments. The applicant has addressed all of Staff's initial technical review comments. Staff recommended that the Planning Board forward the plan to the Board of Ms. Painter moved to forward the Site Plan Review - 1106 Blue Jay Street - Proposed Professional Office Building (Dentist Office) to the Board of Commissioners with a favorable recommendation. Ms. Markland seconded the motion, which passed with a unanimous 4-0 vote. Minor Subdivision Review - Ocean Breeze Townhomes: Phase 2-1 Proposed 8-Lot A minor subdivision meeting the requirements of Chapter152 Subdivisions was in the meeting packet fort the Ocean Breeze Townhomes: Phase 2 at 902 South Virginia Dare Trail in the Commercial Zone. The sketch plan and preliminary plat requirements have been waived and the technical review certified by the Planning Director, consistent with $152.25. A minor subdivision requires the approval by the Planning Board Chairman prior to recordation. This action will be recorded for compliance with $152.25 oft the Subdivisions ordinance.  Commissioners with a favorable recommendation.  2.  Minor Subdivision  3.  Minor Subdivision Review - Ocean Breeze Townhomes: Phase 3 - Proposed 8-Lot A minor subdivision meeting the requirements of Chapter152. Subdivisions was in the meeting packet for the Ocean Breeze Townhomes: Phase 3 at 902 South Virginia Dare Trail in the Commercial Zone. The sketch plan and preliminary plat requirements have been waived and the technical review certified by the Planning Director, consistent with $152.25.. A minor subdivision requires the approval by the Planning Board Chairman prior to recordation. This action will be recorded for compliance with $152.25 oft the Subdivisions ordinance.  Minor Subdivision  Public Comment Response to Public Comment Board Member Comment  Chairperson Buchanan welcomed the newest member of the Planning Board, Jenniffer  Albanese, who had been sworn in prior to the meeting.  The group discussed:  E-bikes and the multi-use path. West Third Street.  Excessive number of parked cars in driveways block access to the sidewalks on  DRAFT Minutes May 21,2024 Planning Board Page 20 of3    Overgrown vegetation on the west side ofLowes entrance blocking site lines for  drivers and bicyclists.  Upkeep oft the property at 1513 South Croatan Highway  Ms. Painter announced that she would be moving out oft the Town ofKill Devil Hills in  August 2024, at which will end her tenure on the Planning Board.  Adjournment  There being no further business before the Planning Board at this time, Ms. Markland moved to adjourn the meeting. Mr. Seidman seconded the motion, which was approved bya a  unanimous, 4-0, vote. Ity was 5:44 p.m.  Submitted by:  Jennifer R. Stecher  Administrative Assistant/Deputy Town Clerk  DRAFT Minutes May 21, 2024 Planning Board Page 30 of3    Minutes of the Tuesday, May 21, 2024, meeting of the Kill Devil Hills Planning Board held at 5:30 p.m. in the Town Hall Meeting Room, 102 Town Hall Drive, Kill Devil Hills, North  Carolina.  Members Present: Chairperson Howard Buchanan, Jenniffer Albanese, Sandie Markland,  Natalie Painter, and Ron Seidman, II  Members Absent: Becky Breiholz and Phillip Wayland  Others Present:  Cameron Ray, Assistant Planning Director; Ryan Lang, Senior Planner;  and Jennifer R. Stecher, Deputy Town Clerk  Call to Order  At5:30 p.m., Chairperson Howard Buchanan called the' Tuesday, May 21,2024, meeting  ofthe. Kill Devil Hills Planning Board to order and welcomed everyone present.  Agenda Approval  Natalie Painter: moved to approve the agenda for this meeting. Ron Seidman seconded the  motion, which was approved by a unanimous, 4-0, vote. Approval of the Minutes of the February 13, 2024 meeting  Sandie Markland moved to approve the February 13,2024, meeting minutes, as presented. Ms. Painter seconded the motion, which was approved by a unanimous, 4-0, vote.  Public Comment Response to Public Comment Ongoing Business New Business  1. Site Plan Review -1 1106 Blue. Jay Street - Proposed Professional Office Building  (Dentist Office)  The site plan review submittal by Created Engineering Solutions, on behalf ofI Driftwood Dental, for aj proposed office building (Dentist Office) at 1106 Blue Jay Street in the Commercial Zone. The proposed plan calls for construction ofa 3,400 square foot office building with 20  DRAFT Minutes May 21,2 2024 Planning Board Page 1of3    parking spaces, and associated site improvements. The. Professional Office (L)is a permitted use int the Commercial Zone 153.176. The meeting packet included the site plan application, proposed site plan, site narrative, and applicant's response to Staff's Technical Review comments. The applicant has addressed all ofs Staff's initial technical review comments. Staffrecommended that the Planning Board forward the plan to the Board of Ms. Painter moved to: forward the Site Plan Review - 1106 Blue. Jay Street - Proposed Professional Office Building (Dentist Office) to the Board of Commissioners with a favorable recommendation. Ms. Markland seconded the motion, which passed with a unanimous 4-0 vote. 2. Minor Subdivision Review. - Ocean Breeze Townhomes: Phase 2-) Proposed 8-Lot  Commissioners with a favorable recommendation.  Minor Subdivision  A minor subdivision meeting the requirements of Chapter152 Subdivisions was ini the meeting packet for the Ocean Breeze Townhomes: Phase 2 at 902 South Virginia Dare Trail in the Commercial Zone. The sketch plan and preliminary plat requirements have been waived and the technical review certified by the Planning Director, consistent with $152.25.. A minor subdivision requires the approval by the Planning Board Chairman prior to recordation. This action will be recorded for compliance with $152.25 ofthe Subdivisions ordinance. 3. Minor Subdivision Review. - Ocean Breeze Townhomes: Phase 3- Proposed 8-Lot  Minor Subdivision  A minor subdivision meeting the requirements of Chapter152 Subdivisions was int the meeting packet for the Ocean Breeze Townhomes: Phase 3 at 902 South Virginia Dare Trail in the Commercial Zone. The sketch plan and preliminary plat requirements have been waived and the technical review certified by the Planning Director, consistent with $152.25. A minor subdivision requires the approval by the Planning Board Chairman prior to recordation. This action will be recorded for compliance with $152.25 ofthe Subdivisions ordinance.  Public Comment  Response to Public Comment Board Member Comment  Chairperson Buchanan welcomed the newest member oft thel Planning Board, Jenniffer  Albanese, who had been sworn inj prior to the meeting.  The group discussed:  E-bikes and the multi-use path. West Third Street.  Excessive number of parked cars in driveways block access to the sidewalks on  DRAFTI Minutes May 21,2024 Planning Board Page 20 of3    Overgrown vegetation on the west side ofLowes entrance blocking site lines for  drivers and bicyclists.  Upkeep of the property at 1513 South Croatan Highway  Ms. Painter announced that she would be moving out oft the Town ofKill Devil Hills in  August 2024, which will end her tenure on the Planning Board.  Adjournment  There being no further business before the Planning Board at this time, Ms. Markland moved to adjourn the meeting. Mr. Seidman seconded the motion, which was approved bya a  unanimous, 4-0, vote. Itv was 5:44 p.m.  Submitted by:  Jennifer R. Stecher  Administrative Assistant/Deputy Town Clerk  DRAFTI Minutes May 21,2024 Planning Board Page 3of3    Directoro of Planning andl Inspections MEREDITHGUNS Building Inspector MARTY SHAW CHARLES THUMAN Code Enforcement Officer JORDAN BLYTHE  Assistant Director of Planning and] Inspections CAMERON. RAY Senior Planner RYANI LANG Zoning Administrator DONNA ELLIOTT  Birthplaceof Aviation HCARO) NORTH CAROLINA PLANNING DEPARTMENT  THE TOWN OF KILLDEVIL HILLS  July1 16, 2024 Memorandum To: From: Subject:  Planning Board  Cameron Ray, Assistant Planning Director  Zoning Amendment Request = 9153.120E)4)C) Low Density ResidentialZone Site Requirements - Amend Requirements for Permeable Pavement Lot Coverage  Calculations for Lot(s) Greater than One Acre  Attached is a Zoning Amendment Request submitted by George E. Goodrich to amend Town Code section 153.120(E)(4)c). The amendment request is to modify the requirements for permeable pavement lot coverage calculations for lot(s) greater than one acre in the Low Density Residential Zone. Asy your recall, in 2018 this section was amended to allow for lot coverage reductions in this zoning district. Per the Planning Board recommendations several additional requirements were added including limiting the minimum eligible lot size of7,500: square feet and 50% oft the required parking had to be outside thei footprint oft thes structure. These recommendations were incorporated intoi the new regulations to address the concern of additional lot coverage on: smaller lots and the regulations The proposed amendment request is to eliminate the requirement for the 50% of required parking being outside thet footprint on all lots greater than one acre. When the original amendment was being reviewed, cluster homes and cottage courts were not allowed uses ini the (RL) zone, which require a Staff recommends forwarding the amendment to $153.120(E)4)C) Low Density Residential Zone Site Requirements, to amend permeable pavement lot coverage calculations for lot(s) greater than one acre as presented with attached consistency: statement toi the Board of Commissioners with at favorable  resulting in larger structures.  minimum of one acre.  recommendation.  102 Town Halll Drive * POI Box 1719*1 Killl Devill Hills, NC 27948 (252) 449-5318* * Fax (252)4 441-4102    LOW DENSITY RESIDENTIAL ZONES (RL) (4) Permeable pavement lot coverage calculations.  $153.120 SITE REQUIREMENTS.  (a) For lots 7,500 square feet in area or greater, the use of permeable paving systems, including porous concrete, porous asphalt, concrete grid pavers and permeable interlocking concrete pavers for parking spaces, drive aisles, and vehicular circulation areas, shall allow for a reduction in the calculated lot coverage. Material to fill the open cells oft the pavement system types shall consist of open graded fine aggregate, open graded washed aggregate, sod turf grasses native to the southeast coastal environment and exhibit medium to high permeability rates. All permeable paving systems shall comply with the criteria of the North Carolina Division of Water Quality Stormwater Best Management Practices Manual (current edition). The following  calculated reductions are allowed:  1. Porous concrete without washed stone base: 40% reduction. 2. Porous concrete with at least six inches of washed stone base: 60% 3. Porous asphalt, concrete grid pavers, permeable interlocking concrete pavers, and plastic reinforcing grids with at least four inches of washed stone base: 4. Porous asphalt concrete grid pavers, permeable interlocking concrete pavers, and plastic reinforcing grids with at least seven inches of washed stone base: 5. The pavement section shall consist of the surface course or layer for infiltration, a bedding course (as required), an aggregate storage layer, and a woven 6. Edge restraints shall be provided on all concrete grid pavers, permeable interlocking concrete pavers, and plastic reinforcing grids to confine the pavement installation. The pavement surface course structural properties shall be designed to withstand the applied vehicular loading pursuant to the specified application. (b) In no case shall the total area that is occupied and obstructed by any structure above the ground, including but not limited to parking and drive aisles exceed (c) For additional coverage under the previous pavement reduction for all lots less than 1a acre, 50% of the required parking shall be outside of the footprint of any  reduction.  40% reduction. 60% reduction.  geotextile fabric layer to prevent clogging.  45% of the area of the lot. structure or covering.    PLANNING BOARD REPORT  Per NCGS 160D-604(b), Zoning Amendments. - Subsequent to initial adoption ofa a zoning regulation, all proposed amendments to the zoning regulation or zoning map shall be submitted to thej planning board for review and comment. Ifno written report is received from the planning board within 30 days of referral of the amendment to that board, the governing board may act on the amendment without the planning board report. The governing board is not bound by the recommendations, ifany, oft thej planning board. Per NCGS 160D-604(d), Plan Consistency - When conducting ai review of proposed zoning text or map amendments pursuant to this section, thej planning board shall advise and comment on whether the proposed action is consistent with any comprehensive plan that has been adopted and any other officially adopted plan that is applicable. Thej planning board shall provide a written recommendation tot the governing board that addresses plan consistency and other matters as deemed appropriate by the planning board, but a comment by thej planning board that aj proposed amendment isi inconsistent with the comprehensive plan shall not preclude consideration or approval oft the proposed amendment by the governing board. Ifa zoning map amendment qualifies as a' "large-scale rezoning" under G.S. 160D- 602(b), the planning board statement describing plan consistency may address the overall rezoning and describe how the analysis and policies in the relevant adopted plans were considered in the  recommendation made.  PLANNING BOARD RECOMMENIENDATIONS Calculations for Lot(s) Greater than One Acre  Proposed. Amendment Title: Proposed Zoning Amendment- $153.201)0)0Low Density Residential Zone Site Requirements - - Amend Requirements for Permeable Pavement Lot Coverage  Approval/Denial: Planning Board finds that the Proposed Zoning Amendment 153.1200)4)0)Low Density Residential Zone Site Requirements Amend Requirements for Permeable Pavement Lot Coverage Calculations for Lot(s) Greater than One Acre is/is not consistent with the adopted Land Use  Plan.  Therefore, thel Planning Board finds the proposed amendment is consistent/inconsistent with the objectives and policies contained in thel Killl Devil Hills Land Use Plan and/ or other officially adopted This report reflects the recommendation oft the Planning Board with a vote of to_ this the  plans oft the' Town that are applicable. Sixteenth day ofJuly, 2024.  Attest:  Planning Board Chairman  Secretary of Planning Board    Birthplaceof Aviation HCARO  Town of Kill Devil Hills Planning and Inspections  252-449-5318 NON-REFUNDABLE FEES  Date: 6/18/24  Board of Adjustments CAMA C Copies Text Amendment Other: Amount: $500.00  Exempt plat/Subdivision Fines and/or Re-Inspection Fee Site Plan Review Permit Re-instatement  Received From: George e Goodrich  Description: Text amendment-153.120 (4)(c) Parking Reduction  Received by: Ryan lang  PAID JUN 18 2024 TOAS OF KILEDEVILHILES    Kill Devil Hills  North Carolina  CODE AMENDMENT APPLICATION  Planning and Inspections Department  (252) 449-5318 102 Town Hall Drive Kill Devil Hills, NC 27948  FEE: $500.00  The purpose oft this application is to request a code amendment, or aj permanent alteration, to the  Kill Devil Hills Town Code.  Required ttachmentsubmitals for an application for a code amendment:  1.) A completed application  2.) One copy of the code in question (existing Kill Devil Hills Town Code)  3.) One copy of your proposed code amendment, with the proposed changes highlighted  4.) Application Fee, which is nonrefundable  ***Important: If: any of the above requirements are not present at the time of submittal, the application will be deemed incomplete and will not be  accepted.***  Certification:  I(we) hereby acknowledge and say that the information contained herein and herewith is true and that this application shall not be scheduled for official consideration until all of the required contents are submitted in proper form to the Town of Kill Devil Hills Planning and Inspections Department.  Petitioner's Name (Please Print): George E. Goodrich  Petitioner's Signature: Bag BHokik Date: 6-18-24  For Staff Use Only: Fee Received by:  lya Loy  Date: eh4    DEVIL  Town of Kill Devil Hills  North Carolina  Birthplaceol Aviation of TH CAROP  Application for a Code Amendment  (Please Type or Print)  Agent for Petitioner (fApplicable)  Petitioner Name:  Name: Same Address:  George E. Goodrich  Address:  P.O. Box 3629 Kill Devil Hills, NC 27948  Same  Telephone Number: 252-475-0874 Email:  Telephone Number: Same Email: Same  eddieg@vrobx.com  Ihereby request an amendment to the following specific section ofthe Town Code:  Chapter: 153  Code: Zoning  Title: Site Requirements 153.120 (4)(c)  To this application, attach:  One copy of the code in question (existing Kill Devil Hills Town Code)  One copy of your proposed code amendment, with the proposed changes highlighted  Page 2of3    DEVIL  Town of Kill Devil Hills  North Carolina  Birthplaceol Aviation IHCARO  Application for a Code Amendment  1. Please provide a detailed justification for thej proposed amendment (attach additional pages  as needed):  To provide adequate covered parking to protect vehicles and individuals from inclement weather and extreme heat while entering the structure, as well as being more  aesthetically pleasing than open parking.  2. How does this proposed amendment help toj promote the public health, safety, and general  welfare? (attach additional pages as needed)  By providing adequate covered parking to protect vehicles and individuals from inclement weather and extreme heat while entering the structure, as well as being more  aesthetically pleasing.  Page 3of3    (4) Permeable pavement lot coverage calculations.  (a) For lots 7,500 square feet in area or greater, the use of permeable paving systems, including porous concrete, porous asphalt, concrete grid pavers and permeable interlocking concrete pavers for parking spaces, drive aisles, and vehicular circulation areas, shall allow for a reduction in the calculated lot coverage. Material to fill the open cells of the pavement system types shall consist of open graded fine aggregate, open graded washed aggregate, sod turf grasses native to the southeast coastal environment and exhibit medium to high permeability rates. All permeable paving systems shall comply with the criteria of the North Carolina Division of Water Quality Stormwater Best Management Practices Manual (current edition). The following calculated reductions are allowed: 2. Porous concrete with at least six inches of washed stone base: 60% reduction. 3. Porous asphalt, concrete grid pavers, permeable interlocking concrete pavers, and plastic 4. Porous asphalt concrete grid pavers, permeable interlocking concrete pavers, and plastic 5. The pavement section shall consist of the surface course or layer for infiltration, a bedding course (as required), an aggregate storage layer, and a woven geotextile fabric layer to prevent 6. Edge restraints shall be provided on all concrete grid pavers, permeable interlocking concrete pavers, and plastic reinforcing grids to confine the pavement installation. The pavement surface course structural properties shall be designed to withstand the applied vehicular loading (b) In no case shall the total area that is occupied and obstructed by any structure above the ground, including but not limited to parking and drive aisles exceed 45% of the area of the lot. (c) For additional coverage under the previous pavement reductionfora all lots less than 1 acre, 50% of the required parking shall be outside of the footprint of any structure or covering.  1. Porous concrete without washed stone base: 40% reduction.  reinforcing grids with at least four inches of washed stone base: 40% reduction. reinforcing grids with at least seven inches of washed stone base: 60% reduction.  clogging.  pursuant to the specified application.  1    Zoning Code  165  (c) Ifthel lot] has between 50% to 75% ofi its total area in soils classified as wetlands, then (d) If the lot has 75% or more of its total area classified as wetlands, none of that area  25% of that area classified as wetlands may be used in calculating lot coverage;  classified as wetlands may be used in calculating lot coverage.  (4) Permeable pavement lot coverage calculations.  (a) For lots 7,500 square feet in area or greater, the use of permeable paving systems,  including porous concrete, porous asphalt, concrete grid payers and permeable interlocking concrete pavers for parking spaces, drive aisles, and vehicular circulation areas, shall allow for a1 reduction int the calculated lot coverage. Material to fill the open cells oft thej pavement system types shall consist of open graded fine aggregate, open graded washed aggregate, sod turf grasses native to the southeast coastal environment and exhibit medium tol high permeability: rates. All permeable paving systems shall comply with the criteria oft thel North Carolina Division ofWater Quality Stormwater. Best Management Practices  Manual (current edition). The following calculated reductions are allowed:  1. Porous concrete without washed stone base: 40% reduction.  2. Porous concrete with at least six inches of washed stone base: 60% reduction. 3. Porous asphalt, concrete grid pavers, May.es 4. Porous asphalt concrete grid pavers, permeable interlocking concretep pavers, and 5. The pavement section shall consist of the surface course or layer fori infiltration,  plastic reinforcing grids with at least four inches of washed stone base: 40% reduction. plastic reinforcing grids with at least seven inches of washed stone base: 60% reduction.  ab bedding course (as required), an aggregate storagel layer, and a woven geotextile fabric layer toj prevent  clogging.  6. Edge restraints shall be provided on all concrete grid pavers, permeable  interlocking concrete pavers, and plastic reinforcing grids to confine the pavement installation. The pavement surface course structural properties shalll be designed to withstand the applied vehicularloading  pursuant to the specified application.  (b) In no case shall the total area that is occupied and obstructed by any structure above (c) For additional coverage under the previous pavement reduction, 50% oft the required  the ground, including but not limited to parking and drive aisles exceed 45% of the area of the lot.  parking shall be outside of the footprint of any structure or covering.  2019 S-16