DEVIL  TOWN OF KILL DEVIL HILLS  Land Where Flight Began  s  Birthplace of Aviation H CAROY  NOTICE OF PUBLIC MEETING  NOTICE! ISI HEREBY GIVEN that on Tuesday, June 20, 2023, at 5:30 p.m., the Kill Devil Hills Planning Board will hold its regular meeting oft the month in the' Town Hall Meeting Room, located at 102 Aj printed packet is available for public inspection in thel Planning Department, 102 Town Hall Drive. To schedule an inspection time, contact the Department at 252-449-5318. Packet materials can be viewed on the' Town's website at tps/ww.kdhnecomEnINendas-Packet-Mimures: Written public comments for thel Planning Board can be emailed to info@kdhnc.com. Comments must include your name and address and are limited to three minutes for individuals, and five minutes  Town Hall Drive, Kill Devil Hills.  when speaking for a group. Call to Order Agenda Approval Public Comment Response to Public Comment Ongoing Business New Business within Dune Systems Public Comment Response to Public Comment Board Member Comment Adjournment Posted this 15th day of June 2023. Jennifer Stecher  AGENDA  Approval of the Minutes of thel May 16, 2023, meeting  1. Proposed Zoning Amendment- - $153.079 Dune Protection: Modify Regulations for Development  Administrative Assistant/Deputy Town Clerk  Copies to:  Mayor and Board of Commissioners, Planning Board members ini their packet materials; Town Manager; Town bulletin boards; Sunshine List, including all news media; Electronic Distribution List; Town website and social media; file  Post Office Box 1719. 102 Town Hall, Kill Devil Hills, North Carolina 27948-252-49.3300-ymmw.kdhme.com    Minutes of the Tuesday, May 16, 2023, 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, Becky Breiholz, T. Dillon Heikens,  Natalie Painter, Mary Simpson, and Ron Seidman, II  Members Absent: Michael Lowack & Natalie Painter  Others Present:  Cameron Ray, Assistant Planning Director; Ryan Lang, Senior Planner;  and James Michael O'Dell, Town Clerk  Call to Order  At 5:30 p.m., Chairperson Howard Buchanan called this Tuesday, May 16, 2023, meeting  oft the Kill Devil Hills Planning Board to order and welcomed everyone present.  Agenda Approval  Mary Simpson moved to approve the agenda for this meeting, as presented. Ron Seidman  seconded the motion, which was approved by a unanimous, 5-0, vote. Approval of the Minutes of the March 21, 2023 meeting  Becky Breiholz moved to approve the minutes oft the March 21, 2023, meeting, as presented. Mr. Seidman seconded the motion, which was approved by a unanimous, 5-0, vote.  Public Comment  Response to Public Comment Ongoing Business New Business  1. Site Plan Review - 207 W.I Martin Street - Proposed Cluster Home Development in the Low Density Residential Zone - Including 10 "3-bedroom" and 11"2- Senior Planner Ryan Lang stated that House Engineering has submitted aj proposed site  Bedroom"Long-Term Residential Units  DRAFT Minutes May 16, 2023 Planning Board Meeting Page 1 of3    plan for construction ofa 10 "3-bedroom" and 11 "2-bedroom" single-family dwelling Cluster Home Development, drive aisle, and associated site modifications at 207 West Martin Street. Thej proposed cluster home development is a Special Use in the Residential Low Zone. Mr. Lang noted that the Board of Commissioners approved an amendment for Cluster Homes asa Special Use in the Residential Low Zone for Long Term Occupancy in. July 2022. He highlighted Zoning Chapter $153.117, Special Uses Accessory Dwelling Units, and noted that the application, proposed site plan, proposed building elevations, floor plans, and applicant's response to Staff's Tech 2 comments were included in the meeting materials. He stated that the applicant has addressed most of Staff'si initial technical review comments; however, some conditions still need to be addressed. Staff recommended that the Planning Board forward the plan to the Board of Commissioners with a: favorable recommendation after the detailed Ms. Simpson inquired about the expected price range ofthe completed units. Mr. Goodrich, the applicant, said the units will be less expensive than others on the market. Chair Buchanan inquired about how mailing addresses would be provided for the structures. Assistant Planning Director Cameron Ray replied that the Fire Marshal will develop unit identification for first responders and general identification. Ms. Breiholz inquired whether adjoining property owners would be notified. Mr. Ray replied that as a special use, hearing notice will be published Mr. Seidman moved to forward the proposed site plan at 207 W. Martin Street Proposed Cluster Home Development in the Low Density Residential Zone, including 10"3- bedroom" and 11 2-Bedroom"I Long-Term Residential Units, to the Board of Commissioners, including conditions, with ai favorable approval. Dillon Heikens seconded the motion, which  conditions have been addressed.  and adjoining property owners will be notified by mail.  was approved by a unanimous, 5-0, vote.  2.  Zoning Amendment Request- - $153.180(C) Commercial Zone Density - Change Mr. Ray stated that Eddie Goodrich had submitted an application to amend Zoning Chapter $153.180(C), density requirements in the Commercial Zoning District for multi-family dwellings, Cottage Courts, and Cluster Homes, to change the unit ofi measurement from units per acre to floor area ratio (FAR). The amendment was highlighted in Mr. Ray's memorandum, which was included with the meeting materials. As requested, the maximum FAR would be up  Density Measurement to Floor Area Ratio (FAR)  to.50, with two exceptions:  Ifside yard setbacks are increased by two feet on each side: up to .55 Ifthe side yard buffer is increased by two feet on each side: up to .60.  Staff recommended forwarding the amendment to 153.180(C) Commercial Zone Density Requirements, to change the density measurement to Floor. Area Ratio (FAR), as presented, with ac consistency statement, to the Board of Commissioners, with a favorable recommendation. Mr. Ray noted that the FAR measurement will create: more density consistency, since FAR: is utilized in multi-family and hotel/motel. Ms. Simpson inquired ifFAR is increased,  DRAFTI Minutes May 16, 2023 Planning Board Meeting Page 2 of3    what is the anticipated increase in square footage. Mr. Ray replied that it depends upon the size Mr. Heikens moved to approve and forward the proposed Zoning Amendment = $153.180(C) Commercial Zone Density - Change Density Measurement to Floor Area Ratio (FAR) with consistency statement, to the Board of Commissioners with a favorable recommendation. Ms. Breiholz seconded the motion, which was approved by a unanimous, 5-0,  of the parcel.  vote. 3.  Election of Vice-Chairperson  Town Clerk Michael O'Dell conducted the election for the Planning Board Vice- Chairperson. Chair Buchanan nominated Ron Seidman for Vice Chairperson oft the Planning Board. Ms. Breiholz seconded the nomination. With no further: nominations offered, nominations were closed. Ron Seidman was elected Vice Chairperson by a unanimous, 5-0, vote.  Public Comment  Response to Public Comment Board Member Comment Adjournment  There being no further business before the Planning Board at this time, Ms. Simpson moved to adjourn the meeting. Ms. Breiholz seconded the motion, which was approved by a  unanimous, 5-0, vote. Ity was 5:44j p.m.  Submitted by:  James Michael O'Dell Town Clerk  DRAFT Minutes May 16, 2023 Planning Board Meeting Page 3 of3    Director of Planning and) Inspections MEREDITH GUNS Building Inspector MARTY SHAW CHARLES THUMAN Codel Enforcement Officer JORDAN BLYTHE  Assistant] Director of Planning and) Inspections CAMERON RAY Senior Planner RYANLANG Zoning Administrator DONNA: ELLIOTT  Birthplaceot Aviation THCARO  THE TOWN OF KILL DEVIL HILLS  NORTH CAROLINA PLANNING DEPARTMENT  June 20, 2023 Memorandum To: From: Subject:  Planning Board  Cameron Ray, Assistant Planning Director Development within Dune Systems  Proposed Zoning Amendment - $153.079 Dune Protection: Modify Regulations for  Staff was given direction from the Board of Commissioners to prepare and bring options to discuss dune regulations that could increase thej protection and preservation of dunes throughout Kill Devil Hills. Currently, Town Code section 153.079 "Dune Protection" includes regulations for permitting development in areas with dunes, while encouraging thej preservation of dunes. This ordinance not only regulates the dunes that border our oceanfront, but also dunes that are inland. Town code defines ocean dunes and inland dunes, as they both are considered vital protective barriers to barrier islands against The existing CAMA regulations allow for development in the ocean dune system that has created concern with several oft the recent development projects leading the Board to direct stafft to investigate. Staffhas consulted with the CAMA regional office in) Elizabeth City to ensure that the' Town has the ability to adopt higher regulatory standards for dune protection than the existing CAMA: regulations. During the May 24, 2023 Board of Commissioners meeting, Staff proposed several options for ways that the Town's Dune Protection ordinance (153.079) could be amended for greater protection and preservation oft the dune system. Ini response to the discussion staff was asked to bring an ordinance amendment to the Attached is a proposed zoning amendment to $153.079 Dune Protection to modify regulations for development within dune systems. Staffrecommends: the Planning Board forward the amendment and consistency statement to the Board of Commissioners with a favorable recommendation.  natural hazards such as wind, flood, and erosion.  Planning Board for review and recommendation.  102 Town) Hall Drive * PO: Box 1719* *] Killl Devill Hills, NC 27948* *(252) 449-5318 * Fax (252) 441-4102    $153.002 DEFINITIONS.  DUNES, OCEAN. Mound(s) ofsand located landward ofthe ocean beaches that have stable and natural vegetation present, have an elevation equal to the mean flood level for the area plus six feet, and extends landward through a dune system ofai frontal, primary,and secondary dunes to a landward toe, which is the location oft the landward maximum slope change and lowest elevation behind the dune system. DUNE/S), INLAND. Mound(s) ofs sand other than ocean dunes having an elevation of1 15 feet or more  above mean sea level.  $153.079 DUNE PROTECTION.  (A): Purpose. The dunes along the oceanfront and in inland areas oft the town are ai feature unique to coastal areas. Dunes serve as important protective barriers against the dangers ofwind, flood and erosion. Some dunes are also important tourist attractions and all make a vital contribution to the character and appearance oft the area. The practice of destroying or altering the existing contours of dunes and removing vegetation can constitute a serious threat to adjacent properties that depend on the dunes as protection against wind, flood and erosion. Accordingly, the town declares that the dunes should be preserved and development on the dunes controlled in a manner compatible with the (B), Intent. This section is adopted to permit development that is compatible with the environmentally- sensitive nature ofsand dunes and to preserve the dunes in their existing state where such dunes are considered a vital protective barrier against wind, flood and erosion or where such dunes are considered an important existing topographic feature oft the town. More specifically this chapter is 1) Preserve and protect the heritage oft the town by maintaining the existence ofnatural and constructed dunes both along the oceanfront and ini inland sections oft the town; 2) Protect the health, safety and welfare of persons living, visiting or sojourning to and in the town and for the protection of public and private property; 3) Protect the interest of persons whose property would be detrimentally affected by the destruction or removal of oceanfront or inland dunes: 4) Permit development and encourage the preservation of natural conditions: 5). Prohibit commercial and industrial excavation/mining on sand dunes. (C) Applicability. These standards apply additional Town regulations to those Ocean and Inland Dune(s) that are also regulated by the NC Coastal Area Management Act and subject to those State  preservation oft the dunes.  adopted to:  regulations. (D) Regulatory, Standards  1) Its shall be unlawful for any development activities without a valid building permit, health 2) Development at any site in areas oft the town that contain oceanfront or inland dunes require the submission ofas site plan including topographic information with proposed improvements 3) Al horizontal/vertical slope not to exceed 4 feet to 1 foot shall be maintained unless the dune- disturbing activity is intended to provide elevations that are consistent with abutting properties. Graded slopes must be vegetated or otherwise stabilized within 30 working days  department approval, or CAMA authorization. for review and approval by a town zoning official.  ofcompletion of the work;    4) Unauthorized dune-disturbance shall be considered a violation and shall be subject to penalties (10.99), Mitigation plans prepared by a) North Carolina Design Professional shall be required 5) It shall be a violation oft this chapter to fail to repair or restore dunes or vegetation damaged by development activity not specifically allowed by exceptions in this section. 6) Maintenance and Repair is allowed for sand to be redistributed into the dune system from accumulation ofs storm over wash or wind driven sedimentation by removing sand up to 61 feet  for any unauthorized dune disturbance.  around buildings. driveways, and associated structures. 7). Prohibition ofdamage to ocean and inland dunes.  a)Ocean Dune(s):  1. Its shall be unlawful for any person. firm or corporation in any manner to damage. destroy.remove or change the existing contour ofany sand dune or part of any dune thereof or to kill, destroy or remove any trees, shrubs or a) Elevated structures: All elevated structures shall be elevateda minimum of18 inches and maximum of30 inches from the b) Approved matted walkways for accessibility.  other vegetation growing on the dunes. except in:  underside.  b) Inland Dune(s):  1. Itshall be unlawful for any person. firm or corporation in any manner to damage. destroy. remove or change the existing contour ofany sand dune or part of any dune thereof or to kill, destroy or remove any trees, shrubs or a) The area within the foundation perimeter of any existing building or any building to be constructed as shown on as site plan reviewed and b) The area around the perimeter of an existing building or proposed principal building not to exceed a width oft ten feet from the building foundation perimeter in accordance with as site plan approved bya The area within the boundaries of existing driveways and parking areas or within the boundaries of driveways and parking areas tol be constructed in accordance with a site plan approved by the Planning d) Landscaped areas and garden plots. provided the dune contour is not e) The area required for the construction and installation of water, sewage or wastewater disposal systems, drainfields and stormwater control systems, provided that every reasonable effort is made not to alter the contour oft the dune and the site iss stabilized with plantings ofvegetation approved by a town zoning official.  other vegetation growing on the dunes, except in:  approved by at town zoning official;  town zoning official;  Board or town zoning official;  altered:    153,079-DUNEPROTECHION.  fA-Purpese.The-Tmedunes-alongtne9ceanfontand-nandareaseefthe-towp-area eature-unique-e-esialareas-Dunes-sere-asimpertantprolective-barfers-against hedangersofwn4,1gegamsespsen-semedimesaieaseeimporantourst tractions-andal-malmakeavia-contabutontotnecharadlerandappeasance-efhe-area: Fepractice-drdestroymgoraHeaneMngtneewBing.centewrs-eidunes-and-removing vegetation-therefelomcaR.consieasehousthreatioagpaeentpropenteperiesthatdepend OPne-dunes-a6-preleclonagainswna,odanderesion-AecerdingWythe-towP declares-thatthe-duneshoudbepresenvedanddevelepmentontneddunes-controlled 8-ReRE-TNsseciosasepsdiepemsdeveopmenihstsscompalbiewihne OAVironmentaly-SenSHIVe-Aature-orsand-duReS-and-0-PFeserve-the-dunes-m-their XiStng-siate-wWAereswehduneare-consieredawiaMla-prolectiwebareeragainstwind, RodandersionorwneEareconsderedanimporantexising opeg:apnicleatureoHRPIPWA-GresPedhcaly-ncehaperis-adeptede: -Preserve-andprolec!ne-nentage-ofnetewnbymaintalningtne-ewistence-of Patura-and-censtruGled-duneS-DOt-alongne-geaAfrontand-P-Pland-sections-ef-the 12-Proteetthe-heahsaley-andweare-etpersenS-Ming.WBtingersejouring.te 13-Pretectne-Pte-neresto-peRsonswowldbe-detmeentally-affected (-Pemmitdevelopmepmentandemcuragethepesemationdinions: 6-PoMBacommeclandRAsatnaonmiangensandune. SAaH-De-USMAHOFanyPe:sOR-#R-OFPaany-mannerte damage,destroy-remeveorcnange-eeMBIRgeNtourofanysand-dune-erparte: any-dune-tnereerOFte-KidestreyeFFemeve-any-trees,sAFDS-eFAther-vegetation ()-Thearea-wihin.tsunsatopelmaerdfanyewetingbukdingorany HHGHAg-te-De-cORSFucIed-aS4-a8-SAOWP-Onaseplan-revewed-and-approved-Dy-the  -a-manner-compaHDe-WAPRe-preseratoP-OFtne-dunes.  town;  aRd-A-the-twP-and-ortmeprolectonoFPubicamdpnd-priwate-property y-the-destruGHOR-OFFERROVA-eF9eaPOREOPes;  19-PohbeRokdamage-psanidwnes.  FeWIPg-OP-Re-dURes,exeeptn:  AAARgBeAOFIeWZOAASORCA:  -Theareaaroundthepetmelerdfancwitinghukaing-pproposedpincipal HHGHPS-POttO-exceed-a-WGG-OHeR-eeE#OA-R8-DUNGHSingoundaton-permeterin accordance-wthasHeplanaPprovedbytne-PlanaingBearortown-zening-eficiak: -Therea-iA-aheboundaasdiewsingdewayeandpaitingareaser Wihin-the-boundariesefdMewaysandpasaingarasstobeconsiruciesin-accrdanee WitP-a-sie-plan-approved-Dy-tA8-PaPPiPgB0ar8-OFteW-zening-Oficia;    (tandseapedareas-and-gardenplels,Prowdes-me-dume-contouwexlantis-not /-Pesawisdkrte:aassoadwseAsepet wastewaterdispesalsystems,dFanieleandsiorwale-contolsysiems,provided-that very-reasenable-eeHorHs-made.me-eHe-aHeFtne-cettouroftnedune-and-the-ske-s stabilized-with-plantingsofvegetalonapproyedbytnePlamaing-Beardeard-ortown.zoning 9-Deveopmentataysiinaasdinetown-hatontainoseanfenterinland dunes-may-require-tesubmissonotadevelcopmentplnandersHepian-with-propesed Provemments-errewewandapprewaHby-ne-Plamanng-Beardertewn-zoning-oficiak: 3ARY-actnatrequreS-Ae-femReVa-OFrelocaton-9tgreatertnan-ten-GubiG aFas-er-sand-peyeaFSAaHeqWepmOFaPPrPa-DyHRe-OWPZORIPSOHCal-Alrsand eeved-FOR-aP-areapurswantto1Mssetonshalbe-redepesiedatocalions-within Ae-Same-SaRd-dunesysiem-om-wAcA'-emoved-Exoepions-tots-ule-shal-be Howedonly-Fthe-Pamng-BeardortowP.zoRingefealdelemmine-thatadequate space-s-notavaVAH2Be-WPP-AIP-tne-same-saRd-dume-system-Fom-Which-tne-sand-was (4-Ne-dune-diste-dislupbing.aclwiysMyshalbepemmitessuNSRaverticaleutin eXeeSS-eHfive-eet-Anydune-distubbingaehMy-natresuRS-na-HReess-oFthree estshal-bebackfled'ioachewea-oNsensoalentslsepediatieasHfourio.one; 19-#ehal-bea.wolAEcaPerlolaHoreparoresiore-dunes-er vegetaton-damaged-bydevelopmentaehwy-motspecicalyalowedbyexeeptions-n 6e-te-Promoles-and-reaizestne-ned-OFASSISIed-LMingFaciies; herelore,fOFASSISIBG-LMIRg-FaCHes-P:ne.Govermentand-nSHRonal-Zone- PAate-OwRershp,4P1040,000squarelesto-dunecan-be-dislurpedorrelesatedper ve-aere-t-Dume-rmowaHsa-DelmdotneuNdingioetpan-sreet-parking-areas aRd-Pfastruclure-PaloPandehalbe-elpeatedas-demed-adMBion-C/3/OFHhiS SeOR-DMSIORCX4/0HSSectoPOHaPPly-ledumedielurbance-authorizedn hs-secHon-The-PlammingBeardansBeardeiCommissiones-shal-approve-the-dune isturbanceplanprOFtP-8swaneeOfabukdingpermitand-Ommenceentofwerk.  altered;  official  removed;  this-section.    PLANNING BOARD REPORT  Per NCGS 160D-604(b), Zoning Amendments. Subsequent to initial adoption ofaz zoning regulation, all proposed amendments tot the zoning regulation or zoning map: shall be submitted to the 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 on1 the amendment without the planning board report. The governing board is not bound by the recommendations, ifa any, oft the planning board. Per NCGS 160D-604(d), Plan Consistency - When conducting ai review of proposed zoning text or map amendments pursuant to this section, the 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. The planning board shall provide a written recommendation to 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 is inconsistent with the comprehensive plan shall not preclude consideration or approval of the proposed amendment by the governing board. Ifa zoning map amendment qualifies as a llarge-scale rezoning" under G.S. 160D- 602(b), thej planning board statement describing plan consistency may address the overall rezoning and describe how the analysis and policies int the relevant adopted plans were considered int the  recommendation made.  PLANNING BOARD RECOMMENDATIONS Regulations for Development within Dune Systems  Proposed. Amendment Title: Proposed Zoning Amendment - $153.079 Dune Protection: Modify Approval/Denia!: Planning Board finds that the Proposed Zoning Amendment - $153.079 Dune Protection: Modify Regulations for Development within Dune Systems is/is not consistent with the Therefore, the Planning Board finds the proposed amendment is consstentinconsistent with the objectives and policies contained in the Kill Devil Hills Land Use Plan and/or other officially adopted This report reflects the recommendation of the Planning Board with a vote of to_ this the  adopted Land Use Plan.  plans oft the Town that are applicable. twentieth day ofJune, 2023.  Attest:  Planning Board Chairman  Secretary of Planning Board