TOWN OF KILL DEVIL HILLS  Land Where Flight Began  VRA  Birlhplaceol Aviation S H CARO  PUBLIC: NOTICE  NOTICE ISI HEREBY GIVEN that the Town of Kill Devil Hills Planning Board will holda a regular meeting on Tuesday, August 18, 2020 at 5:30 p.m. in the Meeting Room ofthe Administration Building, 102 Town Hall Drive, off Colington Road. In order to maintain the safety ofTown residents, Staff, and Planning Board members, limited public seating observing social distancing guidelines will be available during the meeting in the meeting room.  The items tol be discussed are listed below:  AGENDA  Call to Order Agenda Approval Old Business New Business  Approval oft the Minutes of the. July 21, 2020 meeting  Public Comment (Time limit of3 minutes per person; 5 minutes per group)  1. Zoning Amendment Request - Tracy Ryder-1 153.181(B) Setbacks for Mixed Use Development (Dwelling and Business) - Request to: modify setback for mixed use development to commercial standards rather than residential standards. Public Comment (Time limit of3 minutes per person; 5 minutes per group)  Response to. Public Comment Board Member Comment Adjournment  All citizens are cordially invited to attend. Posted this 13th day of August 2020. Jennifer Stecher Personnel Technician  Copies to: Mayor and Boardo ofCommissioners, Planning Board members in 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, Killl Devil Hills, North Carolina. 27948 +252-449-5300 www.kdhnc.com    Minutes oft the July 21,2020, meeting oft the Killl Devil Hills Planning Board held at 5:30 p.m. in the Meeting Room of the Administration Building, 102 Town Hall Drive, off Colington Members Present: Chair Howard Buchanan, James Almoney, Mark Evans, Ron Seidman, II,  Road.  Mary Simpson, and Eddie Valdivieso  Members Absent: Mike Lowack  Others Present:  Meredith Guns, Planning Director; Cameron Ray, Assistant Planning Director; and James Michael O'Dell, Deputy Town Clerk  Call to Order  At 5:30 p.m., Chair Howard Buchanan called this 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 5-0 vote. Approval of the Minutes of the. April 16, 2020 meeting  Ron Seidman, II, moved to approve the minutes of the April 16, 2020, meeting as  presented. Eddie Valdivieso seconded that motion, and the: motion carried by 5-0 vote. Public Comment (Time limit of3 minutes per person; 5 minutes per group)  Response to Public Comment Old Business  1. Land Use Plan Update - Final Draft Review  Planning Director Meredith Guns provided an overview of the Land Use Plan (LUP) review process by the State ofNorth Carolina. She stated that on March 19, 2019, thel Planning Board had conducted a final review oft the draft LUP, prior to submission to the State ofNorth Carolina for review. On April 18, 2019, the plan was submitted to Coastal Management for review. Since that time, the LUPI has been through three comment periods before it was sent to the State for final comments on October 31, 2019. All comments were addressed and the State  DRAFT July 21, 2020 Minutes Planning Board Meeting Page 10 of4    provided final approval on March 31,2020. Due to the complexities oft the LUP, this item was held for consideration until the Planning Board could conduct an in-person meeting. She noted that Staff had provided copies oft the LUP for distribution to the Planning Board on July 10to Mr. Valdivieso inquired about item I.9 on page 6-8 that stated in part: "The Town does not support signs using LED, LCD, or similar technologies," noting that the recommended amendment under consideration at this meeting was to permit LED string accent lighting ini the commercial zone. After some discussion, Ms. Guns suggested changing the sentence in section I.91 to "Town supports minimal use ofLED and does not support the use ofLCD or similar Mary Simpson moved to accept the final draft oft the Town's LUP, with the change to page 6-8, item L.9, forwarding it to the Board of Commissioners (BOC), recommending adoption. Mr. Evans seconded the motion, which passed with a unanimous, 5-0, vote.  give everyone time to review the extensive document.  technologies."  New Business  1. Site Plan Review - Swell Brewery - 1802 S. Virginia Dare Trail- Commercial Zone -P Proposed Brewery with tasting room, outdoor dining activity area, 30 parking Assistant Planning Director Cameron Ray provided an overview ofthe site plan for Swell Brewery, planned for 1802 South Virginia Dare Trail, which includes al brewery, tasting room, outdoor dining activity area, 30 parking spaces, and associated site improvements. Mr. Ray reviewed the Staffcomments from the technical review, and said that most items had been addressed by the applicant; however, Staff from the various departments has not reviewed them. He noted that the applicants were working with Town Engineer Pete Burkhimer to address a drainage issue. Mr. Ray noted that the applicants and engineer were present at the meeting for Statfrecommended that the Planning Board forward the site plan to the BOC with favorable recommendation, after the listed conditions have been addressed. The conditions would be reviewed prior to the BOC meeting to verify that all Town departments are satisfied. Mr. Valdivieso asked about the deck above the outdoor dining activity area, and whether there was an interior access. Mr. Ray stated there was an exterior stairwell to access the deck. Mr. Almoney said he had inquired about parking lot lighting with the Planning Staff earlier. Mike Robinson, P.E., replied that the light pole units were dimmable and programmable to take into account any issues with brightness. Mr. Valdivieso said that although it is not required, he suggested an east-west sidewalk or crushed gravel connector traversing the right-of-way at the north end of the parking lot forj pedestrians to access the property easier. Mr. Robinson replied Ms. Simpson moved to approve the site plan for Swell Brewery - 1802 S. Virginia Dare Trail - Commercial Zone - Proposed Brewery with tasting room, outdoor dining activity area, 30 parking spaces, and associated site improvements, as presented, with the comments outlined  spaces, and associated site improvements.  any questions.  that he would discuss the suggestion with the applicants.  DRAFT July 21, 2020 Minutes Planning Board Meeting Page 2 of4    in the Staffmemorandum addressed. Mr. Evans seconded the motion, which was approved by a 2. Proposed Zoning Amendment- 153.077 Signs - Modifications to allow. LED, String  unanimous, 5-0, vote.  Accent Lights in the Commercial Zone  Ms. Guns stated that on May 27, 2020, the BOC directed Stafftoi identify alternatives that would allow some. LED accent lighting on commercial structures. Board guidance included limiting the height ofa accent lighting on structures, small scale accent lighting, minimization of light pollution, protection of oceanfront wildlife, and limitation ofl light proliferation on a structure. The full listing was highlighted in Ms. Guns' accompanying memorandum, which was included in the packet materials. She noted that this recommended amendment will be located in the Town's sign ordinance because LED string accent lights would be on a structure to attract attention rather than to provide security, safety, etc. Ms. Guns said that the conditions under (D)(15) LED String Accent Lighting were: mis-numbered and that Staff would correct the Mr. Almoney inquired about whether the seasonal permitting ofs string electric light bulbs for commercial sites would be abolished with this ordinance amendment. Ms. Guns replied that holiday strings oflightbulbs would continue to bej permitted seasonally. She clarified that café lighting for outdoor dining activity areas was permitted through an executive order ini response to the COVID-19 situation. Ms. Guns said that café lighting are plug-in appliances, and not Mr. Valdivieso observed that the recommended amendment required the lighting to be parallel to the ground and no higher than 15 feet, but could not follow the roofline. Ms. Guns stated that the amendment's intent was to permit LED accent lighting on roof eaves or parapets, but not along a roofline. Mr. Almoney said that al local business, Dairy Queen, had incorporated LED: string accent lights, and had been the subject of discussion at previous Board of Commissioner meetings. Permitting the two lines ofaccent lighting with the four-foot limitation under this amendment would accommodate that business. Mr. Ray stated that the business had begun an extensive remodeling in December 2019, and at final inspection, went into violation of the Town's sign ordinance on May 5, 2020. The building has two LED accent light lines on its canopy; The BOC considers this type ofl lighting could benefit other businesses in' Town. Ms. Guns noted that the BOC expressed concern that such lighting could get out of control so it recommended limitations. Mr. Seidman stated that this recommended amendment would affect a limited number ofbusinesses. Ms. Guns stated that the Town would consider the effects and the proliferation, and determine future options. It was the consensus oft the Planning Board to: move forward with the current recommended amendment and consider making any changes in the  numbering.  permanently affixed to a structure.  future.  DRAFT July 21, 2020 Minutes Planning Board Meeting Page 3 of4    Mr. Seidman made a motion to forward the recommended amendment, Zoning Amendment- 153.077 Signs - Modifications to allow. LED String Accent Lights in the Commercial Zone along with the corrections, and accompanying consistency statement to the BOC with a favorable recommendation. Mr. Evans seconded the motion, which was approved  by a unanimous, 5-0, vote.  Public Comment (Time limit of3 minutes per person; 5 minutes per group)  Response to Public Comment Board Member Comment Other Business Adjournment  There being no further business before the Planning Board at this time, Mr. Evans moved to adjourn this meeting. Mr. Almoney seconded the motion, which passed with a unanimous, 5-  0, vote.  It was 6:15 p.m.  Submitted by:  James Michael O'Dell Deputy Town Clerk  DRAFT July 21, 2020 Minutes Planning Board Meeting Page 4 of4    Director of Planning and] Inspections MEREDITH GUNS Building Inspector MARTY SHAW CHARLES THUMAN Code Enforcement Officer JORDAN BLYTHE  DEVIL Birthplaceof Aviation THCAROV NORTH CAROLINA PLANNING DEPARTMENT  Assistant Director of Planninga and] Inspections CAMERON. RAY Senior Planner RYANLANG Zoning Administrator DONNA ELLIOTT  THE TOWN OF KILL DEVIL HILLS  August 18, 2020 Memorandum To: From: Subject:  Planning Board  Meredith Guns, Planning Director O5  Zoning Amendment Request Tracy Ryder- 153.181(B) Setbacks for Mixed Use Development (Dwelling and Business) - Request to modify setback for mixed use development to commercial standards rather than residential standards  Attached is a Zoning Amendment request from Tracy Ryder and staff comments. The request is to: modify the setback for mixed use development int the Commercial Zoning District. Currently, the regulation for mixed use development including dwelling and business purposes requires the development to meet the setback requirements oft thel Residential High Zoning District (Front Yard: 30, Side Kard. 10, Rear Kard 20% of depth not to exceed. 30'). The applicant is requesting that thisi is modified for mixed use development to comply with the setback requirements for Commercial Purposes (Front Yard: 30', Side Yard 10', Rear Yard 10"). Additionally, the request states that when mixed use development in the Commercial Zone abuts either thel RL or RH. Zoning District that the setbacks meet the setback requirements oft the Residential High Zoning District (Front Yard: 30, Side Yard. 10, Rear Yard: 20%of depth not to exceed. 30). Staff supports this amendment and agrees it could benefit the Town by encouraging mixed use development and increase the availability of affordable housing. During Administrative review, Staff requested revision to thei text to meet staff comments and the applicant has Staffr recommends the Planning Board forward the Zoning Amendment request below as modified and consistency statement to the Board of Commissioners with a favorable recommendation.  provided in writing their consent to the changes (attached).  COMMERCIALZONE (C) $153.181 SETBACKS.  (B) Buildings erected for mixed use, namely for both dwelling and business purposes, shall abide by the setback requirements ofthe RH Commercial Zone Pvemingsueadins except when abutting the RL or) RH Zoning District where the setback requirements shall abide by the requirements oft the] RH  Zone.  102 Town) Halll Drive * PO: Box 1719 *I Killl Devill Hills, NC 27948 * (252) 449-5318 * Fax (252)441-4102    PLANNING BOARD REPORT  Per NCGS 160A-387, allj proposed amendments to the zoning ordinance or zoning map: shall havea written report provided from thel Planning Board to the Town Council within 30 days ofreferral ofthe 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 thej proposed. zoning amendment is consistent with all applicable officially adopted plans, and 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 the Planning Board that aj proposed amendment is inconsistent with the officially adopted plans shall not preclude consideration or approval of the proposed  the recommendations, ifany, oft the Planning Board.  amendment by the Town Council.  PLANNING BOARD RECOMMENIENDATIONS  Proposed. Amendment Title: Proposed Zoning Amendment -S 153.181(B) Setbacks for Mixed Use Development (Dwelling and Business) - Request to modify setback for mixed use development to  commercial standards rather than residential standards  Approval: Planning Board finds that thel Proposed Zoning Amendment $153.181(B) Setbacks for Mixed Use Development (Dwelling and Business) - Request to modify setback for mixed use development to commercial standards rather than residential standards_ is consistent with the adopted  Land Use Plan.  Therefore, thel Planning Board finds thej proposed amendment is consistent with the objectives and policies contained in the Kill Devil Hills Land Use Plan and/ or other officially adopted plans ofthe This report reflects the recommendation oft thel Planning Board with a vote of to_ this the  Town that are applicable. eighteenth day of August, 2020.  Attest:  Planning Board Chairman  Secretary of] Planning Board    Guns, Meredith From: Sent: To: Subject:  tracy Ryder taMiyuerecomcastneb Friday, August 14, 2020 12:25 PM Guns, Meredith Re: Staff recommended revisions  Iaccept the recommended modification to the zoning amendment. Thank you.  Tracy I. Ryder President Room in the Inn PO: Box 1354 Kill Devil Hills, NC 27948 (252)255-1133 office (434)665-8294 cell  On Aug 14, 2020, at 12:19) PM, Guns, Meredith MEREDTHgIdhnssom wrote: As we discussed staff has recommended a modification to your zoning amendment request to specifically call out the residential zoning districts we have int town rather than simply referring to it as "residential Zone". Please let me you ify you are willing to modify your request to staff recommend  language below. It does not change the intent ofy your request.  COMMERCIAL ZONE (C) $153.181 SETBACKS.  (B) Buildings erected for mixed use, namely for both dwelling and business purposes, shall abide by the setback requirements oft theRH Commercial Zone gevemimgsuebudines except when abutting the RLor) RH Zoning District where the setback requirements shall abide by the requirements oft the RH  Zone. Thank you Meredith Guns Town of] Kill Devil Hills Planning Director PO Box 1719 Kill Devil Hills, NC 27948 252-449-5318  1    Kill Devil Hills Zoning Amendment Application Chapter 153 Zoning  B  Name of Applicant: OBX Room in the Inn  Address of Applicant:  POE Box 1354, Kill Devil Hills, NC27948  Telephone Number: 252)255-1133 For Immediate assistance call (434) 665-8294 Tracy Ryder  Agent for Applicant (if applicable): Tracy I. Ryder, President of Board of Directors  Agent Address: 4029 Creek Road, Kitty Hawk, NC: 27949  Ema!: taxirydercumcet  net  Telephone Number:  (434)665-8294  Ihereby request an amendment to the following specific section oft the Zoning Ordinance:  153.181.B  Proposed language for zoning amendment: (B) Buildings erected for mixed use, namely for both dwelling and business purposes, shall abide by the setback requirements of the RH Commercial Zone governing such buildings except when abutting a Residential Zone where the setback and business purposes, shall abide by the setback requirements of the RH Commercial Zone Justifioation for Amendment: Relaxing the restrictions on mixed use buildings containing a residential  component can increase the likelihood of much need affordable housing.  A$ $250.00 non-refundable application fee is due and payable to the Town ofKill Devil Hills.  Signature of Applicant/Agent. J1a4yv.Rydww  Staff Only:  Date Received: Received by:    Guns, Meredith From: Sent: To: Subject:  Harris, Dana Friday, August 7, 20206:36AM Guns, Meredith Mixed Use Development  RE: Zoning Amendment Request Tracy Ryder - 153.181(B) Commercial Setbacks for  Meredith,  Ido not see anything at this time that would negatively affect the police departments responsibilities.  Dana  From: Guns, Meredith  Sent: Thursday, August 6, 20204:53PM  To: Ray, Cameron Cameronekdnnccomo, Elliott, Donna DONNAOkdhnc.come; Albright, Steve Steve@kdhnc.com); Dail, Derek derek@kdhnc.com>; Harris, Dana dharis@kdhnc.com>, Tilley, Troy troykdhnc.com>; Lang, Ryan Subject: Zoning Amendment Request - Tracy Ryder- -153.181(B) Commercial Setbacks for Mixed Use Development Attached is a Zoning Amendment Request from Tracy Ryder. The request is to change the setback for mixed use development int the commercial zone to Commercial: setbacks (Front 301 feet, rear 101 feet side 101 feet) rather than Residential High Setback required now (front 30 feet, side 101 feet, rear 20% of depth not to exceed 301 feet). This amendment also recommends that the Residential High Setback be required for Mixed Use ift the development abutting Please provide your comments by! NOON, Wednesday, August 12, 2020. Your comments are important and will be provided to the Planning Board and Board of Commissioners when considering the proposed request.  rlang@kdhnc.com>  aR Residential Zoning District.  Meredith Guns Town of Kill Devil Hills Planning Director PO Box 1719 Kill Devil Hills, NC 27948 252-449-5318  1    Guns, Meredith From: Sent: To: Subject:  Elliott, Donna Friday, August 7,20202:54PM Guns, Meredith Mixed Use Development  RE: Zoning Amendment Request - Tracy Ryder- - 153.181(B) Commercial Setbacks for  Ihave reviewed the proposed zoning amendment and I have the following comments:  1) Correct the language to say that when it abuts a residential zone (RL or RH) it should meet the RH: Zone  setbacks.  From: Guns, Meredith MER.Dr@Xdhnecom> Sent: Thursday, August 06, 20204:53PM  To: Ray, Cameron Cameronekdhnccomo, Elliott, Donna DONNAOkdhnc.com; Albright, Steve Steve@kdhnc.com>; Dail, Derek derek@kdhnc.com); Harris, Dana dhmntseidhncomo,Tiey, Troy troy@kdhnc.com); Lang, Ryan Subject: Zoning Amendment Request - Tracy Ryder- 153.181(B) Commercial Setbacks for Mixed Use Development Attached is a Zoning Amendment Request from Tracy Ryder. The request ist to change the setback for mixed use development in the commercial zone to Commercial setbacks (Front 301 feet, rear: 10f feet side 101 feet) rather than Residential High Setback required now (front 30 feet, side 101 feet, rear 20% of depth not to exceed 301 feet). This amendment also recommends that the Residential High Setback be required for Mixed Use if the development abutting Please provide your comments by! NOON, Wednesday, August 12, 2020. Your comments are important and willl be provided to the Planning Board and Board of Commissioners when considering the proposed request.  riang@kdhnc.com>  aR Residential Zoning District.  Meredith Guns Town of] Kill Devil Hills Planning Director PO Box 1719 Kill Devil Hills, NC 27948 252-449-5318