DEVIL - s Birthplaceo of Aviation THCAROP  TOWN OF KILL DEVIL HILLS  Land Where Flight Began  NOTICE OF PUBLIC MEETING  NOTICE IS HEREBY GIVEN that on Tuesday, May 18, 2021, at 5:30 p.m. the Kill Devil Hills Planning Board will hold its regular meeting oft the month. Limited seating will be available. Social distancing and wearing masks will be required ofa all who attend this meeting. Aj printed packet is available for public inspection in the Planning Department, 102 Town Hall Drive, off Colington Road. Please contact the Department at 252-449-5318 to schedule an inspection time. Packet materials can also be viewed on the Town's website at  ittps/www.kdhnc.com/738/Panning-Board. minutes when speaking for a group.  Written comments for Public Comment can be emailed to: info@kdhnc.com. Comments must include your name and address and are limited to three minutes for individuals, and five  AGENDA  Call to Order Agenda Approval  Approval of the Minutes of the April 20, 2021 meeting  Public Comment (Time limit of3 minutes per person; 51 minutes per group)  Response to Public Comment Old Business New Business  1. Zoning Amendment Request Michael Smith - Amend $153.176 Commercial Zone Public Comment (Time limit of3 minutes per person; 5 minutes per group)  Permitted Uses to Add "Tattoo Studio"  Response to Public Comment Board Member Comment Adjournment Posted this 12th day ofMay 2021. Jennifer Stecher Planning Board Clerk  Copies to: Mayor and. Board ofCommissioners, 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 Ofice Box 1719. 102 Town Hall, Kill Devil Hills, North Carolina 27948-252-49.300-ymw.kdhmccom    Minutes of the April 20, 2021 meeting of the Kill Devil Hills Planning Board held at 5:30 p.m. in thel Meeting Room ofthe. Administration Building, 102 Town Hall Drive, offColington Road. Members Present: Chair Howard Buchanan, James Almoney, Mark Evans, T. Dillon Heikens,  Mike Lowack, Ron Seidman, II, and Mary Simpson.  Members Absent: none Others Present:  Meredith Guns, Planning Director; Cameron Ray, Assistant Planning Director; and Jennifer Stecher, Clerk to thel Planning Board  Call to Order  At 5:30j p.m., Chair Howard Buchanan called the. April 20, 2021, meeting of the Kill Devil  Hills Planning Board to order and welcomed everyone present.  Agenda Approval  Mark Evans moved to approve the agenda for this meeting, as presented. James Almoney  seconded that motion, and the motion carried by a unanimous, 7-0, vote. Approval of the Minutes of the February 16, 2021 meeting  Mary Simpson moved to approve the minutes oft the February 20, 2021, meeting as presented.  Ron Seidman seconded that motion, and the motion carried by 7-0 vote.  Public Comment  Response to Public Comment Old Business 1.  Proposed Amendments to Town Code = Revision to Town Code for Compliance with N.C. General Statute 160DI Local Planning and Development Regulations Planning Director Meredith Guns explained the North Carolina General Assembly adopted legislation that reorganizes the statutes related to Local Planning and Development regulations. The new North Carolina General Statute Chapter 160D (N.C.G.S. 160D) consolidates current city and county enabling statutes currently located in N.C.G.S. 153 (County regulations) and N.C.G.S. 160A  DRAFT Minutes April 20, 2021 Planning Board Meeting Page 1 of3    (City regulations) into a single unified chapter. N.C.G.S. 160D Local Planning and Development Regulations applies tol land use regulations, while other statutes for Cities and Towns are still located in N.C.G.S. 160A. NCGS 160D reorganizes Planning and Development regulations and clarifies several aspects ofthe previous chapters. All municipalities are: required to update local development regulations no later than July 1, 2021, to meet the new terminology and procedures outlined in  N.C.G.S. 160D.  Ms. Guns included in the packet: N.C.G.S. 160D  As summary of changes to the Kill Devil Hills Town Code to meet the requirements of Excerpts of changes made to the following chapters ofthel Killl Devil Hills Town Code to include Chapter 10 General Provisions, Chapter 30 Board of Commissioners, Chapter 31 Boards and Committees, Chapter 150 Buildings, Chapter 152 Thej proposed amendments are the changes that are required to be made to: meet the minimum requirements of N.C.G.S. 160D. Staff has provided the entire packet of changes; however, the Planning Board is responsible for making a formal recommendation on the proposed amendments to Ms. Guns did highlight particular changes that will affect Planning Board members. Thei term Conditional Uses will be replaced by Special Uses. 160D will require the approval of Special Uses to go through a quasi-judicial process and no longer through the Planning Board. Section 153.364 defines a board member having close familial, business or other associational relationships with Chairperson Buchanan asked ife each member ofthel Planning Board had a chance to read over the materials. All members verbalized that they had read over the material. Chairperson Buchanan asked ifa any member oft the Planning Board had any questions to ask them now. All members voiced Mr. Evans made a motion to take Staff recommendations and forward the proposed amendments set forth in the summary of changes to Chapter 150, Chapter 152 and Chapter 153, to meet the requirements of the North Carolina General Statute 160D - Local Planning and Development Regulations, to the Board of Commissioners with a favorable recommendation, including the consistency statement. Dillon Heikens seconded the motion, which passed with a  Subdivisions, and Chapter 153 Zoning.  the Land Use Section oft the Town Code (Chapters 150, 152, and 153).  applicants or land owners that come before the board as a conflict ofinterest.  that they did not have any questions.  unanimous, 7-0, vote. New Business 1.  Minor Subdivision Review - Ocean Acres Townhomes: 220 Ocean Acres Drive- Assistant Planning Director Cameron Ray explained a minor subdivision meeting the requirements of $152 Subdivisions is enclosed for the Ocean Acres Townhomes at 220 Ocean Acres ini the Low Density Residential 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 approval by the Planning Board Chairman prior to recordation. No  Proposed 4-lot Minor Subdivision  DRAFT Minutes April 20, 2021 Planning Board Meeting Page 2 of3    action needed by the Board. Chairperson will need to sign document to certify that 220 Ocean  Acres isi in compliance with $152 Subdivisions.  Public Comment  Response to Public Comment Board Member Comment Adjournment  There being no further business before the Planning Board at this time, Mr. Heikens moved to adjourn the meeting. Mr. Evans seconded the motion, which passed with a unanimous, 7-0, vote.  It was 5:46j p.m.  Submitted by: Jennifer Stecher Planning Board Clerk  DRAFT Minutes April 20, 2021 Planning Board Meeting Page 3 of3    Director of and] Planning Inspections MEREDITH GUNS Building Inspector MARTY SHAW CHARLES THUMAN Codel Enforcement Officer JORDAN BLYTHE  Assistant Director of Planning: and Inspections CAMERONF RAY Senior) Planner RYANLANG Zoning Administrator DONNA ELLIOTT  DEVI Birthplaceof Avlation THCARO  THE TOWN OF KILL DEVIL HILLS  NORTH CAROLINA PLANNING DEPARTMENT  May 18, 2021 Memorandum To: From: Subject:  Planning Board  Cameron Ray, Assistant Planning Director G Permitted Uses to Add "Tattoo Studio"  Zoning Amendment Request - Michael Smith - Amend $153.176 Commercial Zone  Attached is a Zoning Amendment request from Michael Smith and staffreview comments. The request is to allow "Tattoo Studio" to be aj permitted use within the Commercial Zoning District. Currently, this use isi not] permitted within any oft the' Town of] Kill Devil Hills Zoning Districts. The Town had a similar request in 1998 (23 years ago). Below is the briefhistory oft this request inl Kill Devil Hills:  In 1998 a zoning amendment request to allow tattoo and body piercing as a conditional use in1 the Light Industrial One: zoning district was denied by the] Board of Commissioners. Noi requests to allow tattoo parlors have been submitted in) Kill Devil Hills since 1998.  Staff recommends the Planning Board-review thei requested amendment, as follows:  COMMERCIALZONE (C) $153.176 PERMITTED USES. (I) Tattoo Studio.  1021 Town) Halll Drive* POI Box 1719*K Killl Devil) Hills, NC 27948 *( (252) 449-5318 *E Fax (252)441-4102    PLANNING BOARD REPORT  Per NCGS 160A-387, all proposed amendments to the zoning ordinance or zoning map shall have a written report provided from the Planning Board tot the Town Council within 30 days ofreferral oft the amendment to thel Planning Board, or the Town Council may proceed ini its consideration ofthe amendment without thel Planning Board report. Furthermore, in no case is the' Town Council bound by Per NCGS 160A-383, the Planning Board shall advise and comment on whether the proposed zoning amendment is consistent with all applicable officially adopted plans, andj provide a written recommendation to the' Town Council that addresses plan consistency and other matters as deemed appropriate by the Planning Board, but a comment by thel Planning Board that aj proposed amendment: is inconsistent with the officially adopted plans shall not preclude consideration or approval oft thej proposed  the recommendations, ifany, oft the Planning Board.  amendment by the Town Council.  PLANNING BOARD RECOMMENDATIONS  Proposed.Amendment. Tifle: Proposed Zoning Amendment $153.176 Commercial Zone Permitted Approval/Denia!: Planning Board: finds that the Proposed. Zoning Amendment $153.176 Commercial  Uses to. Add "Tattoo Studio"  Zone Permitted Uses to. Add "Tattoo Studio" is/is not consistent with the adopted Land Therefore, the Planning Board finds the proposed amendment is consistenVinconsistent with the objectives and policies contained in 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  Use Plan.  plans ofthe' Town that are applicable. Eighteenth day of May, 2021.  Attest:  Planning Board Chairman  Secretary of Planning Board    LV Birihplaceot  Kill Devil Hills  Code Amendment  Application  Name of Applicant: Michael_Smith  Address of Applicant: 19557 Carleno dr Fast Lake, NC 27953  Telephone Number: 252-202-5685 Agent for Applicant (ifapplicable):  Agent Address: Telephone Number:  Ihereby request an amendment to the following specific section oft the Town Code: Title XV section 153.176  Permitted Uses Within the Commercial Zone  Proposed language for code amendment: Lwould like the town to add section (I) Tattoo Studio.  Justification for Amendment: lhave an interest inopeningal Tattoo Studiointhe CommerclalDstnctat Kill Devil Hills NCJ Lhave viewed and discussed the use of al leasedpiopartywhichisl located in the Commercial District that would fitmyneeds wonderfully that the Real Estate mpanyindhageduoua be matyinentermnarena agmementwathmependigleaitrmaatnatmszonngappicaton  Signature of Applicant/Agent:  StaffOnly:  Date Received: y!M/zr Received by: Iylay    Ray, Cameron From: Sent: To: Subject:  Harris, Dana Monday, April 19, 2021 1:42PM Ray, Cameron Uses  RE: Zoning Amendment Request - Add "Tattoo Studio" to Commercial Zone Permitted  Cameron  We do not have a comment about the request for a change to the Zoning Amendment for the "Tattoo Studio".  Dana  From: Ray, Cameron  Sent: Monday, Apil19,2021110PM. MERDTHO/ahncom, Importance: High Good Afternoon All,  To: Elliott, Donna DONNAOkahnc.com>; Albright, Steve Steve@kdhnc.com); Dail, Derek <derek@Adhnc.com>; Harris, Dana dharis@kdhnccom; Tilley, Troy troy@kdhnc.com>; Lang, Ryan rlang@kdhnc.com>; Guns, Meredith Subject: Zoning Amendment Request Add' "Tattoo Studio" to Commercial Zone Permitted Uses  Attached is a Zoning Amendment Request from Michael Smith to add "Tattoo Studio" to Commercial Zone Permitted Uses. This request would allow al building or structure to be used as "Tattoo Studio" in the Commercial Zone.  COMMERCIAL ZONE (C) $153.176 PERMITTED USES. (II) Tattoo Studio.  Please provide your comments by! END OF DAY,Thursday, April 29,2021. Your comments are important and willl be provided to the Planning Board and Board of Commissioners when considering the proposed request.  Sincerely, Cameron Ray, CFM Assistant Planning Director PO Box 1719 Kill Devil Hills, NC 27948 252-449-5311 phone 252-441-4102 fax www.kdhnc.com  1    Ray, Cameron From: Sent: To: Cc: Subject:  Dail, Derek Tuesday, May 4, 2021-4:591 PM Ray, Cameron; Albright, Steve Guns, Meredith Uses  RE: Zoning Amendment Request Add' "Tattoo Studio" to Commercial Zone Permitted  Public Services has not comment From: Ray, Cameron Sent: Tuesday, May 4, 2021 10:13AM Cc: Guns, Meredith MEREDTHO/ahncom  To: Albright, Steve Steve@kdhnc.com); Dail, Derek derek@kdhnc.com); Tilley, Troy troy@kdhnc.com> Subject: RE: Zoning Amendment Request Add' "Tattoo Studio" to Commercial Zone Permitted Uses  Good Morning,  Please see email below regarding a Zoning Amendment Request where comments were requested by end of day, Please provide your comments ASAP. Ify you dor not have any comments, please respond indicating SO.  Thursday, April 29, 2021. The ZA request isa attached.  Sincerely, Cameron Ray, CFM Assistant Planning Director POI Box: 1719 Kill Devil Hills, NC 27948 252-449-5311 phone 252-441-4102 fax www.kdhnc.com  From: Ray, Cameron  Sent: Monday, April1 19,20211:10PM MERDTHO/ahncom Importance: High  To: Elliott, Donna DONNAOkdhnc.como; Albright, Steve Steve@kdhnc.com>; Dail, Derek derek@kdhnc.com>; Harris, Dana harsekdnnccom>, Tilley, Troy troy@kdhnc.com>; Lang, Ryan <rlang@kdhnc.com>; Guns, Meredith Subject: Zoning Amendment Request-  Add' "Tattoo Studio" to Commercial Zone Permitted Uses    Ray, Cameron From: Sent: To: Cc: Subject:  Tilley, Troy Tuesday, May 4, 2021 10:25. AM Ray, Cameron Risoldi, John; Roepcke, Frank Uses  RE: Zoning Amendment Request Add' "Tattoo Studio" to Commercial Zone Permitted  Cameron, good morning...  No comment from Fire...Please give me a call ify you have any questions...  Troy N. Tilley Fire Chief  Town ofl Kill Devil Hills, NC 252-480 4060 ext. 5222  From: Ray, Cameron Cameron@/dhnc.com> Sent: Tuesday, May 04, 202110:13AM Cc: Guns, Meredith MER.DITHO/dhnecom,  To: Albright, Steve Steve@kdhnc.com>; Dail, Derek derek@kdhnc.com>; Tilley, Troy troy@kdhnc.com> Subject: RE: Zoning Amendment Request Add' "Tattoo Studio" to Commercial Zone Permitted Uses  Good Morning,  Please see email below regarding a Zoning Amendment Request where comments were requested by end of day, Please provide your comments ASAP. If you do not have any comments, please respond indicating SO.  Thursday, April 29, 2021. The ZAI request is attached.  Sincerely, Cameron Ray, CFM Assistant Planning Director PO Box 1719 Kill Devil Hills, NC: 27948 252-449-5311 phone 252-441-4102 fax www.kdhnc.com  1