DEVIL  TOWN OF KILL DEVIL HILLS  Land Where Flight Began  -  Birthplace Aviation Df S TH CAROY  NOTICE OF PUBLIC MEETING  NOTICE IS HEREBY GIVEN that on Tuesday, December 19, 2023, at 5:30 p.m., thel Kill Devil Hills Planning Board willl hold its regular meeting of the month int the' Town Halll Meeting Room located Aj printed packet is available for public inspection in the Office of the Town Clerk, 102 Town Hall Drive. To: schedule ani inspection time, contact the Department at 252-449-5300. Packet materials can be viewed on the Town's website at hshinsam2anestinsahsmis-hsis: 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  at 102 Town Halll Drive, Kill Devil Hills.  Minutes.  when speaking for a group. Call to Order Agenda Approval Public Comment Response tol Public Comment Ongoing Business 1. New Business 1. 2. Subdivision 3. Public Comment Response to. Public Comment Board Member Comment Adjournment Jennifer Stecher  AGENDA  Approval of thel Minutes of the October 17,2023, meeting  Proposed Zoning. Amendment - 153.310 Cottage Courts & 153.311 Cluster Homes - Proposed Proposed Zoning. Amendment - 153.073 Landscaping Requirements - Modify Buffer Minor Subdivision Review- - Ocean Breeze Townhomes: Phase 1-1 Proposed 5-Lot Minor  modification to Cottage Court and Cluster Homes Regulations  Requirements for Commercial Use(s) 2024 Planning Board Meeting Schedule  Posted this 14th day of December 2023. Administrative. Assistant/Deputy Town Clerk  Copies to: Mayor and Board of Commissioners, Planning Board members int 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 1719.1 102 Town Hall, Kill Devil Hills, North Carolina 27948-252-49-3300 www. kdhnc.com    Minutes of the' Tuesday, October 17, 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, T. Dillon Heikens, Michael Lowack,  Sandie Markland, and Ron Seidman, II  Members Absent: Becky Breiholz and Natalie Painter  Others Present:  Cameron Ray, Assistant Planning Director; Ryan Lang, Senior Planner;  and Jennifer Stecher, Deputy Town Clerk  Call to Order  At 5:30 p.m., Chairperson Howard Buchanan called the Tuesday, October 17, 2023, meeting ofthel Kill Devil Hills Planning Board to order and welcomed everyone present.  Agenda Approval  Chairperson Buchanan requested the agenda be amended toi include the election oft the Vice Chairperson along with the Chairperson election, both terms ending December 2024. Sandie Markland moved to approve the agenda for this meeting, as amended. Dillon Heikens  seconded the motion, which was approved by a unanimous, 4-0, vote. Approval of the Minutes of the September 19, 2023 meeting  Ron Seidman moved to approve the September 19, 2023, meeting minutes, as presented. Sandie Markland seconded the motion, which was approved by a unanimous, 4-0,  vote.  Public Comment  Response to Public Comment Ongoing Business New Business 1.  Election of Chairperson  Jennifer Stecher, Clerk to the Planning Board, opened the floor to nominations for Chairperson. Mr. Seidman nominated Mr. Buchanan as Chairperson for a term to expire in  DRAFT Minutes October 17,2023 Planning Board Page 1 of4    December 2024. Mr. Heikens seconded the nomination. There being no other nominations, they Ms. Stecher opened the floor to nominations for Vice Chairperson for a term to expire in December 2024. Mr. Heikens nominated Mr. Seidman as Vice Chairperson and Mr. Buchanan seconded the: nomination. There being no other nominations, they were closed, and Mr. Seidman  were closed, and Mr. Buchanan was elected Chairperson by a vote of4-0.  was elected Vice Chairperson by a vote of4-0.  2.  Site Plan Review - 1208 Swan Street in the Light Industrial 2 Zone Proposed 5 Unit The meeting packet included the site plan submitted by Group Holdings, LLC, for the proposed construction ofa (5) unit multi-family townhome building, consisting of( (5) three- bedroom units, and associated site improvements with 15 parking spaces. The proposed multifamily development is a permitted usei in the Light Industrial 2 Zone (C). Multi-family. The packet also included the commercial site plan application, proposed site plan, proposed architecturals and floor plan layouts, lighting plan, site narrative, and applicant's response to The applicant has addressed most of Staff's initial technical review comments; however, a few minor conditions remain tol be addressed. Staff recommended that the Planning Board forward the plan to the Board ofCommissioners with a favorable recommendation after the Mr. Lowack asked why the ADA parking spot was removed. Mr. Ray explained that Mr. Seidman moved to forward the proposed Site Plan - 1208 Swan Street in the Light Industrial 2. Zone Proposed 5 Unit Multi-Family Townhouse and associated site improvements, to the Board of Commissioners with a favorable recommendation once the existing conditions have been met. Ms. Markland seconded the motion, which was approved by a unanimous, 4-0,  Multi-Family Townhouse and Associated Site Improvements  Staff's Tech 1 comments.  listed conditions have been addressed.  ADA parking spaces are: not required for this type ofs site plan.  vote. 3.  Proposed Zoning Amendment -1 153.310 Cottage Courts & 153.311 Cluster Homes- - Proposed modification to Cottage Court and Cluster Homes Regulations Assistant Planning Director Cameron Ray stated the Board of Commissioners directed Staff toj prepare an amendment for additional regulations for Cottage Courts and Cluster Homes at its August 14, 2023 meeting. Currently, the effective Town Code sections that include Cottage Courts and Cluster Homes are 153.310 Cottage Courts and 153.311 Cluster Homes, which include minimum lot dimensions, minimum lot area, size and arrangement standards, minimum building separations, and driveway access standards. In addition to these requirements, these uses are: required to comply with all development standards ofthe zoning district where the development is located (OIR Ocean Impact Residential, Commercial, Residential Low RL). Cottage Courts and Cluster Homes were originally adopted into the zoning ordinance to provide additional options for development, especially on the oceanfront as an incentive instead oflarge single-family dwellings. In 2022, density requirements were adopted for these uses in  DRAFT Minutes October 17,2023 Planning Board Page 2 of4    both the Ocean Impact and Commercial Zoning Districts to regulate the density of these Since adoption oft the ordinance, three Cluster Home/Cottage Court developments have been approved by the Town for construction. During the plan approval process and during the construction of these projects, concerns have been conveyed about the unforeseen effects ofthis development including structure separation, height, and perceived bulk. Staff proposed several options to the Board of Commissioners for ways the Town's Cottage Courts and Cluster Homes ordinances could be amended to address these concerns and in response to discussion. The meeting packet included aj proposed zoning amendments to 153.310 Cottage Courts and 153.311 Cluster Homes. The proposed amendments will create an additional front yard setback in the OIR, reduce the maximum size of dwelling units, and create a tiered separation of structures based on gross square footage and height. These amendments were developed by reviewing existing cottage courts and cluster home plans and researching other municipalities' ordinances. Staff recommends the Planning Board review the zoning amendment for discussion. Ms. Markland asked for clarification between Cottage Courts and Cluster Homes. Mr. Ray said it comes down to ownership; a Cottage Court development has one owner whereas the Cluster Home development has an owner for each home and a homeowners' association. Mr. Lowack asked what restrictions would occur if each dwelling unit were a different size. Mr. Ray confirmed that the more restrictive regulation is going to be required. Mr. Ray also noted the lot dimensions in the Residential Low and Residential High Zone requires a setback of 100 feet as opposed to the OIR and Commercial Zones that have ai minimum setback of75: feet. Mr. Ray said the extra setback will allow for additional parking which is always needed. Ms. Markland asked ifthere was any consideration on lowering square footage. Mr. Ray said there was a fine line to make Cluster Homes and Cottage Courts appealing to build. Mr. Lowack stated he would like to see development slow down and discuss the change options for Cottage Courts and Cluster Homes. Mr. Ray said Staff tried to consider the finished product and to create ai more Ms. Markland moved to table Proposed Zoning Amendment - 153.310 Cottage Courts & 153.311 Cluster Homes - Proposed modification to Cottage Court and Cluster Homes Regulations. Mr. Heikens seconded motion, which was approved by a unanimous, 4-0, vote.  developments consistently with other similar development types.  appealing look int town.  Public Comment  Duke Geraghty, Government Affairs Director, Outer Banks Home Builders Association - Mr. Geraghty believed in the Cottage Court and Cluster home initiative to help reduce the number ofl large oceanfront houses. He cautioned about making the houses too small, that there must be aj return on investment to create a Cottage Court or Cluster Homes.  Response to Public Comment Board Member Comment Adjournment  DRAFT Minutes October 17,2023 Planning Board Page 3 of4    There being no further business before the Planning Board at this time, Mr. Heikens moved to adjourn the meeting. Mr. Seidman seconded the motion, which was approved by a  unanimous, 4-0, vote. It was 6:09 p.m.  Submitted by:  Jennifer Stecher  Administrative Assistant/Deputy Town Clerk  DRAFT Minutes October 17, 2023 Planning Board Page 4 of4    Director of Planning and Inspections MEREDITH GUNS Building Inspector MARTY SHAW CHARLES THUMAN Code Enforcement Officer JORDAN BLYTHE  Assistant Director of Planning and Inspections CAMERON! RAY Senior) Planner RYANLANG Zoning Administrator DONNA ELLIOTT  Birthplaceof Aviation THCAROY NORTH CAROLINA PLANNING DEPARTMENT  THE TOWN OF KILL DEVIL HILLS  December 19,2023 Memorandum To: From: Subject:  Planning Board  Cameron Ray, Assistant Planning Director &  Proposed Zoning Amendment- - 153.310 Cottage Courts & 153.311 Cluster Homes- Proposed: modification to Cottage Court and Cluster Homes Regulations  During the October 17, 2023 Planning Board meeting this proposed amendment was tabled by the On August 14, 2023 the Board of Commissioners directed stafft to prepare an amendment for additional regulations for Cottage Courts and Cluster Homes. Currently, the effective Town Code sections that include cottage courts and cluster homes are 153.310 Cottage Courts and 153.311 Cluster Homes, which include minimum lot dimensions, minimum lot area, size and arrangement standards, minimum building separations, and driveway access standards. In addition tot these requirements, these uses are: required to comply with all development standards oft the zoning district where the development is located (OIR, Cottage Courts and Cluster Homes were originally adopted into the zoning ordinance toj provide additional options for development, especially on the oceanfront as an: incentive instead ofl large single- family dwellings. In 2022, density requirements were adopted for these uses in both the Ocean Impact and Commercial Zoning Districts toi regulate the density of these developments consistently with other similar Since adoption oft the ordinance, three Cluster Home/Cottage Court developments havel been approved by the Town of construction. During the plan approval process and during the construction of these projects, concerns have been conveyed about the unforeseen effects oft this development including structure separation, height, andj perceived bulk. Staff proposed several options toi the) Board of Commissioners for ways the' Town's Cottage Courts and Cluster Homes ordinances could be amended to address these Attached is aj proposed zoning amendment to 153.310 Cottage Courts and 153.311 Cluster Homes. The proposed amendments will create an additional front yard setback int the OIR, reduce the maximum size ofdwellings units, and create at tiered separation of structures based on gross square footage and height. These amendments were developed by reviewing existing cottage courts and cluster home plans and researching other municipalities ordinances. Staffi recommends thel Planning Board review the: zoning  Planning Board: for further review.  Commercial, RL).  development types.  concerns and in response to discussion  amendment for discussion.  102 Town) Halll Drive* POI Box 1719* Kill Devil Hills, NC 27948 * (252) 449-5318 *J Fax (252)441-4102    $ 153.310 COTTAGE COURT(S).  Cottage court(s). In addition to the below specific standards, cottage court(s) shall also abide by regulations associated with the zoning district where the development is (A) Lot dimensions. All parcels shall have a minimum width of 75 feet abutting NC (B) Lot area. The minimum building site shall be 20,000 square feet.  located. 12.  (C) Size, height, and arrangement. Each detached single-family dwelling unit shall be designed and arranged for occupancy by one family PeaingasaOesePng unit and shall contain at least 500 square feet, but no more than 2,5002,000 square feet of gross floor area. Omesinvcluremaybewpiosp00equaeleaPeHPAndNdeE.wO -eseiew7-gdet andan-on-sile-managementeliee. Each detached single-family dwelling unit shall be an independent dwelling unit. The development shall be limited to following size, height,  and separation design regulations in the table below:  GFA in Height 30' or less square (as feet (SF) defined  31'-38'  Greater than 38'  in this chapter)  500-750 SF 751-1000 SF 1001-1500 SF 1501-2000 SF  10' 10' 12' 12'  12' 14' 16' 18'  14' 16' 18' 20'  (D)E Building separalion-WAhinaollagecour.delaehedeinge-amiy-dweling.units (E) Driveway access. Each detached single-family dwelling unit shall have access to as shared driveway. The shared driveway must be designed to a minimum width of 20 feet to allow fire- fighting apparatus to locate within 150 feet of all sides of all structures on the property. The shared driveway may be reduced to a minimum width of 12 feet where it is closer than 150 feet to all sides of all structures on the property. A shared driveway width less than 201 feet may be reviewed and approved by the Fire Marshal in conjunction with an approved alternative life safety plan or an approved fire suppression  shall be separated- from-one-anotherDya-miAPumumollen-feet.    system. The shared driveway material shall support the weight of fire apparatus as (F)Setbacks. In the Ocean Impact Residential Zone the minimum front yard setback  determined by the Fire Marshal.  requirement shall be equal to the lot width not to exceed 100'.    $1 153.311 CLUSTER HOMES.  Cluster homes. In addition to the below specific standards, shall also abide by the regulations associated with the zoning district where the development is located. (A) Lot dimensions. All parcels shall have a minimum width of 75 feet in the Ocean Impact Residential and Commercial Zone. All parcels shall have a minimum width of (B) Lot area. The minimum building site shall be 20,000 square feet in the Ocean Impact Residential and Commercial Zone. The minimum building site shall be a (C) Size,height, and arrangement. Each detached single-family dwelling unit shall be designed and arranged for occupancy by one family Peaingasanouteepng unit and shall contain at least 500 square feet, but no more than 2,5002,000s square feet of gross floor area. Omesinucluremaybewpiesp00equesindludeiwe ermere separate-bulcomplempememayacesoyesoyopmepa-uces,e9-adwelingunt andan-on-sile-managementolice: Each detached single-family dwelling unit shall be an independent dwelling unit. The development shall be limited to following size, height,  100 feet in the Low Density Residential Zone.  minimum of 1 acre in the Low Density Residential Zone.  and separation design regulations in the table below:  GFA in Height 30' or less square (as feet (SF) defined  31'-38'  Greater than 38'  in this chapter)  500-750 SF 751-1000 SF 1001-1500 SF 1501-2000 SF  10' 10' 12' 12'  12' 14' 16' 18'  14' 16' 18' 20'  (D) Building separation-WANPa.cOlage.court,delacned-single-famiy-dweling -units (E) Driveway access. Each detached single-family dwelling unit shall have access to as shared driveway. The shared driveway must be designed to a minimum width of 20 feet to allow fire- fighting apparatus to locate within 150 feet of all sides of all structures on the property. The shared driveway may be reduced to a minimum width of 12 feet where it is closer than 150 feet to all sides of all structures on the property. A shared driveway of less than 20 feet may be reviewed and approved by the Fire Marshal in conjunction with an approved alternative life safety plan or an approved fire suppression  shall be separated- fomomeamalerbyammimumoHenleet:    system. The shared driveway material shall support the weight of fire apparatus as (F)Setbacks. In the Ocean Impact Residential Zone the minimum front yard setback  determined by the Fire Marshal.  requirement shall be equal to the lot width not to exceed 100.    PLANNING BOARD REPORT  Per NCGS 160D-604(b), Zoning Amendments. Subsequent toi initial adoption ofa zoning regulation, all proposed amendments to the zoning regulation or zoning map: shall be submitted to thej planning board for review and comment. Ifr no 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, ifa any, 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, 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 thej planning board, but a comment by the planning board that aj proposed amendment is inconsistent with the comprehensive plan shall not preclude consideration or approval of thej 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 int the  recommendation made.  PLANNING BOARD RECOMMENDATIONS Cluster Homes- - Considerations for Additional Regulations  Proposed. Amendment Title: Proposed Zoning Amendment $153.310 Cottage Courts and $153.311 Approval/Denia!: Planning Board finds that the Proposed Zoning Amendment $153.310 Cottage Courts and $153.311 Cluster Homes - Considerations for Additional Regulations is/is not consistent withi the  adopted Land Use Plan.  Therefore, thel Planning Board finds the proposed amendment is consstentinconsistent with the objectives and policies contained int the Kill 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 of the Town that are applicable. Nineteenth day ofI December, 2023.  Attest:  Planning Board Chairman  Secretary of Planning Board    Director of Planning and Inspections MEREDITH GUNS Building) Inspector MARTYSHAW CHARLES THUMAN Codel Enforcement Officer JORDAN BLYTHE  Assistant Director of Planning and) Inspections CAMERON. RAY Senior Planner RYANLANG Zoning Administrator DONNA ELLIOTT  Birthplaceot of Aviation THCAROY NORTH CAROLINA PLANNING DEPARTMENT  THE TOWN OF KILL DEVIL HILLS  December 19, 2023 Memorandum To: From: Subject:  Planning Board  Cameron Ray, Assistant Planning Director  Requirements for Commercial Use(s)  Proposed Zoning Amendment-153.073 Landscaping Requrements-Modisy Buffer  On November 13, 2023 the) Board of Commissioners directed stafft toj prepare an amendment for additional regulations for landscaping and buffer requirements for commercial use(s). Currently, Town Code section 153.073 "Landscaping Requirements" includes regulations for landscaping and buffering that is intended toj provide separation of uses, promote aesthetic character, andj promote public health and The current Town regulations for buffers between incompatible uses require screening at the property line. Screening shall be either a dense vegetative screen or as six-foot fence with landscaping on the outside. Additionally, thel buffer has tol have a depth of five feet along property lines and ten: feet along property lines abutting streets. Several concerns that previously came up were that the current regulations do not address commercial uses with greater intensity and certain types of fencing used. Primarily, the concern was that these regulations did not address more intense uses or require enough buffer toj protect Staff proposed several options to thel Board of Commissioners: for ways the Town's landscaping and buffer requirements could be amended to address these concerns. Ini response to discussion, attached isa proposed amendment to 153.073 Landscaping Requirements. The amendment includes clarification of buffers, increases depth ofl landscapel buffer areas, andj provides regulations for existing landscaping. Buffer clarifications are included for three different buffer types; incompatible use, incompatible zoning districts, and compatible use/streets buffer. The amendment also increases the minimum buffer area for incompatible uses and incompatible zoning from five feet to1 teni feet to provide more landscaped buffer areal between commercial use(s) and residential use(s). The amendment includes regulations for existing landscaping (trees and shrubs) within thel buffer areai including existing vegetation preservation between incompatible uses, specifically the preservation ofl live oaks within any buffer areas. Vegetation preservation allows existing vegetation to be used toi meet thej planting requirements: for developments, which provides an incentive for developments tol havel less new plantings required. Additionally, the amendment: removes vinyl fences as an allowed material for fencing used for al landscape buffer. Staffrecommends: thel Planning Board Review the attached zoning amendment to 153.073 for discussion.  safety through the reduction ofnoise, air, and visual pollution.  existing adjacent uses from the effects ofc commercial uses.  102' Town Halll Drive* * POJ Box 1719*Killl Devil Hills, NC 27948 ( (252) 449-5318*Fax' (252)441-4102    $1 153.073 LANDSCAPING REQUIREMENTS. (A) Intent and objectives.  (1) The intent oft this section is to improve the appearance ofj parking areas and properties abutting public rights-of-way; toj provide buffering between noncompatible land uses; toj provide spatial separation ofl land uses; toj protect, preserve andj promote the aesthetic and visual character of lands particularly adjacent to major thoroughfares; and to promote public health and safety through the reduction of noise pollution, air pollution, visual pollution, air temperature and artificial light glare within the town. (2) Landscaping includes not only trees, shrubbery, grass and ground cover but open paving stones, benches, fountains and exterior lighting fixtures as well. Buildings, vehicles, boats, equipment, parking areas or storage areas shall not be included in required landscaped areas. No more than 20% ofai required perimeter landscaped area may be utilized for sidewalks, walkways or private roads. Landscaping (3) Any existing natural landscape shall be preserved whenever possible. Preservation oft trees and further landscaping is the goal rather than destruction of existing trees or plant life. The planting of drought-tolerant vegetation common to thei immediate natural coastal environment is encouraged to (4) While the above objectives are general in form, proper design and location oft trees, shrubbery  standards may be satisfied within required setbacks.  ensure proper plant life development and maturation.  and other landscape amenities will be subject to the town's plan review procedure. (5) Landscaped areas may be used for nitrification fields. (B) Jurisdiction. The requirements oft this section shall apply to all zones.  (C) Applicability. All new development, redevelopment, substantial improvement, or change ofu use shall comply with the requirements oft this section, except single-family detached residences and duplexes with) less than 6,000 square feet ofl lot coverage, which shall meet the requirements of division (M) below. (1) A landscape plan shall be submitted at the time application is made for site plan approval covering new development, cdevelopmemtstbsnta improvement, or change of use. (2) Thej plan shall include the location and size of all proposed structures or improvements, landscape materials, including botanical and common names, and all existing vegetation by their common (a) A1 tree survey: show all existing trees which have a diameter of six inches or greater, measured three feet fromi the base and also all major vegetation with an index oft those trees and vegetation;  (D) Plan: review and approval.  names as specified by the following:  (b) Total site area; (c) Parking area;  (d) Landscape area: required and provided for in the project; (e) Number of trees which are provided for the project; (g) Total amount ofi interior landscaped area.  (f) Irrigation plan, ifany;    (E) Parking lot landscape requirements.  (1) Ifmoret than 40j parking spaces are provided, landscaping of 10% of the total parking areas, including aisles, shall bei required. This landscaping shall be established within the interior of thej parking  lot.  (2) The interior landscaped areas shall bel located in ai manner that: (b) Provides visual relief from al large expanse of paving; (c) Preserves existing trees, where possible; and (d) Screens loading and service areas.  (a) Assists and helps to control the movement of vehicular and pedestrian traffic;  (3) A landscaped aisle shall bej provided at the end of each parking row adjacent to the travel lane (4) In order to encourage thei required landscaped areas to be properly dispersed, no: required landscape area shall be larger than 350 square feet unless al larger area is necessary to save or protect (5) Interior landscaped areas shall contain ai minimum of75s square feet. Within these landscaped areas there shall be a minimum of one small tree per ten parking spaces in addition to other plant materials and ground cover. See division (L) of this section and Appendix A ofthis chapter. (6) Required perimeter landscape areas shall not be used in the calculation ofr required interior  serving the parking aisle. existing vegetation.  landscape areas.  (F) Perimeter landscaped areas.  (1) General. Apetimeterlandseapedare,wtha-inimumdePthe#iveleetyhalrse-required-aleng prepery-ines-Aiemgpreppeyaesahulingaysieminindep.ahailleiet-Paiveways, Sidewalks-andsimHarFRelesma/terlandseapedareas: Type and Width of] Required Buffer. A perimeter landscape buffer shall ber required along all property lines including property lines abutting any street. The type and width oft the landscape buffer willl be determined by land use  classification and the use or zoning district oft the adjacent property.  (2) SereeningBuffer requirements.  (a) Buffer between incompatible uses. Commercial, multi-family. single-family greater than 6,000 square feet of lot coverage, and duplex dwellings located adjacent to a single-family residential use less than 6,000 square feet of lot coverage shall provide the following buffer: a. Aminimum depth oft ten feet shall be required along all property lines.  b. Property lines abutting an incompatible use shall provide a dense vegetative buffer with amature height ofs six feet in height or a fence six feet inl height with ornamental  landscaping.  A dense vegetative buffer shall contain shrubs at least 30i inches high and planted two-and-one half feet on center at thet time ofi installation. ii. When using ai fence for buffer requirements the fence shall be constructed of wood, masonry, or engineered sound wall with the ornamental landscaping    installed between the fence and the property line and shall provide one tree for each 301 linear feet and one shrub for each 101 linear feet ofl landscape area. The finished side of the fence shall face the adjacent property.  (b) Buffer between incompatible zoning districts. Commercial, multi-family, single-family greater than 6.000 square feet ofl lot coverage, and duplex dwellings uses located in any zoning district adjacent to ai residential low or residential high zoning district shall provide the following a. An minimum depth oft ten feet shall be required alongproperty lines.  buffer:  b. Property lines directly adjacent to thei incompatible use shall provide a dense vegetative buffer with a mature height ofsix feet in height or a fence six feet in height with ornamental landscaping in accordance with (b)(i) & (b)(i)above.  (c) Buffer between compatible uses and streets. Commercial, muli-mily.singl-amiy greater than 6,000 square feet ofl lot coverage, and duplex dwellings uses located along any property a. Aminimum depth ofi five feet shall be required along property lines. Alongproperty lines abutting any street, the minimum depth shall be ten feet. b. Property lines directly adjacent to a compatible use or streets shall provide one tree for each 30 linear feet and one shrub for each 101 feet oflandscape area. Front property lines shall provide one tree for each 10 linear feet and one shrub for each d. Landscaping shall be dispersed throughout the landscape area to create natural  line adjacent to compatible uses or streets.  101 feet of landscape area. appearance: and not be evenly spaced.  (d) Existing Landscaping within required buffer area.  a. Existing natural landscape including shrubs and trees shall be preserved within buffers b. Existing live oak trees (Town tree) within any landscape buffer listed in 153.073(F)(2) Existing landscaping preserved within the perimeter landscaped area is allowed to be used to satisfy the planting requirements of153.073(F)2). provided the vegetation  listed in 153.073(FX2Xa8 153.073(FX2)b).  shall be preserved.  meets or exceeds the buffer requirements.  Resaurans,etalsale,shePPRgeememte,atemivesalesaleserepa,tavers,amisementer mteriaimmemtesiablishahishentimasiahuseereheis,whalsmlehausineseorieking-faelies; basimess-erprefessicma-efhses-placeseFwPP.seheels,dayearecemte,patkimglels,tewnheuse-es mH-amiy-deyelepmentszamesimge-amiyamtdupexdwelngs-witgrelerthan6,000-square-eete oteeverage-iS-Proveseremingentmeirprepery-ereenamadaeaentse-Whereabutingsingle- famiy-dwelimgs-er#Hessthan6,900sguareletoFleteeyemgele-herearerte-theside, weh-prepery-Heshal-aveawarcalemsrueetefwedmaseny-walwal,-inyorempesie-materialsera vegetative-buffersietiheghtalemgtmepreperty-lme-Alomgproperty-mesabutingsingle-family-er uplexedwelings-tMA60guareieteFleFleteevergeafeneerdemsevegetative-sereen-sha beprevided-PemeesshshaecemsinveleieRdeFee-masenP"mpesle-msie-materialisandbea iiu-OFSN-eetheg-madBien,emaeNmdsepingshalbeprovidedifaleeisuilized    abuffe-Dense-veeaiveserensshalcemashnubsatleast30-meheshghatthetmetme-ofinsta-ation Pante-twe-and-Ome-aFieerorcee-Pe-ypeetsARbIRREmeedsieslebeeapableeFataimig4-heiget Fatleastsk-eetat-may-AdesevegeaiveseeReaSAHUReEwNalsesals-the ermamenta-andseapingreguiremenis-belw.-maleaseswhereafeneeiseonstrctes,the-required t-Omamemta-andseP-E-AeMEPePePReeahatingsmgeamiyerdeplekdwelines M#ess:than6,900reletofletcovemge,tmelanesepeplanshal-imdieateatleastome-tree-fereaeh CHinearfeeteflandseapearsaamdcoeshrub-fereachteachtemeteflamdksepearea-POrnew-cnstruetion-os Swbstantia-mprevemeREi4ReCemmersial-Zene,laethelandseapeplanshallindieateatleme-iree-and meshrb-fereaeh-tehe-mearietoFlamdseapearaalensalongthe-romtpepery-lime-0mamenial-lanéseaping ed-motbeevenyspace,Eralerdsyerdispensmoug.Nmssepearaioeatea.matra Ppearance.malreaseswiseeaienseiseeiscensine,terg.amisepedareashal-belosaled (d) No vehicles, motor or otherwise, shall be parked on landscaped areas. In all cases where a fence is constructed, the required landscaped area shall bel located between the fence and property line and the fence shall be setback the depth of thel buffer as to not encroach within the landscape area. No temporary signs or other structures shall be placed on any landscaped area without issuance ofaj permit by (e) Driveways, sidewalks and similar facilities may traverse perimeter landscaped areas. (G) Grass and ground cover. Ground cover shall bej placed or planted on all disturbed portions of  amdhspadereshalieleheeaNeemseamtpepeylae  elwentne-eneanee-amd-prepery-me.  thel Building Inspector or Zoning Administrator.  exposed ground or earth not occupied by natural or other landscape material.  (H) Screening ofi refuse containers. oft thei intended container by 12 inches. Public Services, Public Works Division. (I) Landscaping at driveways and intersections.  (1) All dumpsters shall be screened on three sides by ai fence. The screening shall exceed thel height (2) The opening for the removal of trash pickup shall allow for a clearance of 12 inches on each side oft the container and 24 inches at the rear of the container. Design shall be approved by the Department of  (1) A: minimum sight triangle shall be maintained at all driveways and street intersections. Within the sight triangle, no plant material, signage or any other obstruction shall interfere with an individual's vehicle sight line. Noj plant material shall exceed 30i inches in height at maturity; trees shall bet trimmed sO (2) The minimum sight triangle for driveways shall be 10: feet by 201 feet on each: side oft the (a) Begin at the point where the edge oft the driveway intersects with the street right-of- way line; (b) From this point, measure 20: feet along the street right-of-way line, away from the driveway (c) From the same point, measure ten: feet toward thei interior oft the property, along the driveway (d) Connect thei two points established by the above method to form the required sight triangle.  that branches are at least seven feet above curb level. driveway and shall be measured as follows:  edge; edge;    (3) Thei minimum sight triangle required at street intersections, other than those that intersect state- (a) Begin at the property corner point where the right-of-way lines of both streets intersect; (b) From this point, measure 201 feet along the right-of-way line in each direction; (c) Connect thei two points established by the method above to: form the required sight triangle. (1) All required landscape areas shall be irrigated or utilize plants which are drought tolerant. (2) Irrigation plans shall be: submitted for review. This isi in addition to the landscaping plan. Irrigation plans shall show location, size and type of sprinkler heads and whether the system is automatic (3) Irrigation systems shall minimize spray onto any pedestrian or vehicular access or abutting (4) Water preservation should be considered in the design of all irrigation systems. (K) Landscape maintenance. To encourage the continued maintenance of landscaped areas, the owner (1) Landscape areas shall be properly maintained. The owner: shall bei notified in writing by the zoning official of the town of any areas which are not being properly maintained, and the owners shall, within 15 calendar days ofr receipt oft the notice, restore the landscaped area to a satisfactory condition, (2) Replacement of plant material shall occur only after approval ofa landscaping plan by the zoning (3) A vegetative buffer which has been inj place for three years or more, as set out in division (F)(2)(a) of this section, shall be replaced with plant material that meets the minimum maturity requirements set outi in this chapter. An exception will be made when vegetation is damaged or destroyed by fire, flood, hurricane or other acts of God when the damage or removal was not caused by or contributed tol by the owner, occupant or user, and shall be replaced with plants that meet minimum requirements ofthis code after approval ofa al landscaping plan by a zoning official.  maintained roads, shall be 20 feet by 201 feet and shall be measured as follows:  (J) Irrigation.  or manual. property.  shall be responsible for:  meet the requirements oft this code. official of the town.  (L) Plant material.  (1) No artificial plant life or other facsimile shall be permitted except by prior approval. Suggested plant lists are provided in Appendix A, Table. A and Table B, which give numerous choices as to the type ofp plants native to the area which best suit the climatic conditions. These choices arei recommended (2) Plants shall be sufficiently sized to ensure screening within three years. Where a vegetative screen: is required, plant materials shall be sufficiently sized as practicable to ensure obscurity within three years. Seedling plants may be used where berms or structures are: required or where thej proposed use is contiguous to as street or vacant land that does not have proposed development in the review process. (See (3) On a corner lot which abuts as state maintained right-of-way in any district, no planting, structure, sign, fence, wall or other obstruction to vision more than three feet in height shall be placed or maintained  suggestions.  Appendix A).    within the triangular area formed by thei intersecting street right-of-way lines and a straight line connecting a point teni feet from thei intersection along the intersecting street with aj point 701 feet from the  intersection along the state maintained right-of-way. (M) Tree preservation within towni rights-of-way.  (1) Thei towni may remove existing trees within town rights-of-way.  (2) Property owners or their agents may also remove trees within town-owned rights-of-way as (a) The installation ofa driveway(s) shown on an approved site plan with thej prior written (b) With an approved restoration plan showing the replacement of removed trees at a one to one (c) With an approved plan for tree thinning or removal of dead or deceased trees. (3) An on-site meeting with the owner or their agent shall be held with ai member oft town stafft to identify all trees to bei removed. Trees marked for removal shall be noted on the site plan and flagged on site. Thel Planning and Inspections Department shall issue at tree removal permit after approval oft thes site plan. Thej permit will expire 180 days from the date ofi issuance. (Brush, vines and trees with less than a two-inch diameter measured ati four and al halfi feet existing grade may be removed without restriction.) (N) Regulation of above-ground appurtenances, facilities and/or structures associated with a gas utilities system. Any above ground appurtenances, facilities or structures (except buildings which are occupied and are governed by other provisions of thel Killl Devil Hills Town Code), the meter and valve attached to an individual customer's structure and any required markers indicating or designating that a natural gas pipeline is buried below, constructed as aj part ofag gas utilities system within thet town for the production, transmission, distribution and sale of gas, shall be screened with vegetative buffers as (1) All appurtenances, facilities or structures shall not be visible from ground level to aj point eight (2) Buffers shall consist oft trees or shrubs permitted in Appendix A ofthis chapter. (3) Plants shall be ofa size and planted at such intervals that they will reach full maturity and/or provide the full screening required herein within three years from the date of the completion of (4) The franchisee for such gas utility system shall keep, replace and maintain the vegetative buffer required herein such that at all times the vegetation is alive and, after the: first three years, that the full (5) Failure to comply with thet terms of this section, in addition to any other remedies available under the provisions oft the town code, thet town may plant or replace such vegetative buffer to comply with the  follows:  permission of thet town.  ratio ori in compliance with division (F)(2)(b) and Appendix A.  follows:  feet above ground level.  construction of such appurtenance, facility or structure.  eight foot buffer is at all times inj place.  terms ofthis section and all costs thereofs shall be charged to franchisee.    PLANNING BOARD REPORT  Per NCGS 160D-604(b), Zoning Amendments. - Subsequent toi initial adoption ofaz zoning regulation, all proposed amendments tot 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 thej planning board report. The governing board is not bound by the recommendations, ifany, 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. Thej 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 the planning board that aj proposed amendment isi inconsistent with the comprehensive plan shall not preclude consideration or approval of thej 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 thei relevant adopted plans were considered in the  recommendation made.  PLANNING BOARD RECOMMENDATIONS  Proposed. Amendment Title: $153.073 Landscaping Requirements-N Modify Buffer Requirements for Approval/Denia!: Planning Board finds that the $153.073 Landscaping Requirements - Modify Buffer Requirements for Commercial Use(s) is/is not consistent with the adopted Land Usel Plan.  Commercial Use(s)  Therefore, the Planning Board finds the proposed amendment is constent/inconsistent 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  plans of the Town that are applicable. Nineteenth day of] December, 2023.  Attest:  Planning Board Chairman  Secretary of] Planning Board    Director of Planning and] Inspections MEREDITH GUNS Buildingl 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  Birthplaceo of Aviation THCAROY NORTH CAROLINA PLANNING DEPARTMENT  THE TOWN OF KILL DEVIL HILLS  December 19, 2023 Memorandum To: From: Subject:  Planning Board  Cameron! Ray, Assistant Planning Director  Minor Subdivision Review- - Ocean Breeze Townhomes: Phase 1-1 Proposed 5-Lot  Minor Subdivision  Aminor subdivision meeting the requirements of $152 Subdivisions is enclosed: for the Ocean Breeze Townhomes: Phase 1 at 902 South Virginia Dare Trail in the Commercial Zone. The sketch plan and preliminary plat requirements have been waived and thet technical review certified by thel Planning Director consistent with $152.25. A minor subdivision: requires approval by the Planning Board This action willl be recorded for compliance with 152.25 oft the subdivision ordinance.  Chairperson prior toi recordation.  102 Town) Halll Drive* * POI Box 1719* *Killl Devill Hills, NC 27948 *(252)449-5318 * Fax (252)441-4102    DEVIL Birthplaceof ation CAROV  TOWN OF KILL DEVIL HILLS Land Where Flight Began  To: From: Date: Subject:  Planning Board  Jennifer Stecher, Administrative Assistant/Deputy Town Clerk  December 19, 2024  2024 Planning Board Meeting Schedule  Staffi is requesting the Planning Board consider continuing with their one regularly scheduled meeting per month. This schedule worked well last year and ift there is pressing business the The proposed meeting schedule below is the third Tuesday of each month with the exception of  Planning Board can always schedule additional meetings.  February due to early voting: January 16, 2024 February 13,2024 March 19,2024 April 16, 2024 May 21, 2024 June 18, 2024 July 16, 2024 August 20, 2024 September 17, 2024 October 15, 2024 November 19, 2024 December 17,2 2024  Post Office Box 1719. 102 Town Hall, Kill Devil Hills, North Carolina 27948-252-49.300- www.kdhnc.com