TOWN OF KILL DEVIL HILLS  Land Where Flight Began  Birthplaceol Aviation THCARDVS  PUBLIC NOTICE  NOTICE IS HEREBY GIVEN that the Town of Kill Devil Hills Planning Board will hold its only meeting of the month on Tuesday, August 20, 2019 at 5:30 p.m. in the Meeting Room of the Administration Building, 102 Town Hall Drive, off Colington Road. The items to be discussed  are listed below:  AGENDA  Call to Order Agenda Approval Old Business New Business 1. 2.  Approval oft the Minutes of the July 16, 2019 meeting  Public Comment (Time limit of3 minutes per person; 51 minutes per group)  Proposed Zoning Amendment -S 153.073 Landscaping Requirements - Modify Landscaping Requirements tol Include Single-Family and Duplex Dwellings with Proposed Zoning Amendment - S 153.076 Off-Street Parking and Loading-I Modify Parking Requirements for Single-Family and Duplex Dwellings with Eleven  Greater Than 6,000 Square Feet Lot Coverage  Bedrooms or More  Public Comment (Time limit of3 3 minutes per person; 5 minutes per group)  Response to Public Comment Board Member Comment Adjournment  All citizens are cordially invited to attend. Posted this 15th day of August 2019.  Rachel Tackett Office Assistant  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 Office Box 1719. 102 Town Hall, Kill Devil Hills, North Carolina 27948.2 252-449-5300- 1 www.kdhnc.com    Minutes of the. July 16, 2019 meeting ofthe. Kill 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, Mark Evans, Mike Lowack, Ron Seidman, II,  Road.  Mary Simpson, and Eddie Valdivieso  Members Absent: James Almoney  Others Present:  Cameron Ray, Assistant Planning Director; Ryan Lang, Senior Planner; Derek Dail, Assistant Public Services Director; and Harriet Banner,  Administrative Assistant  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 made a motion to approve the agenda for this meeting as presented. Ron  Seidman seconded that motion, and the vote was 4-0. Approval of the Minutes of the March 19, 2019 meeting  Mr. Seidman made a motion to approve the minutes of the March 19, 2019 meeting as  presented. MikeLowack seconded that motion, and the motion carried by 4-0 vote. Public Comment (Time limit of3 minutes per person; 5 minutes per group)  Response to Public Comment Old Business New Business 1.  Election of Chair and Vice Chair  Both the Chair and the Vice Chair positions expired in June 2019.  DRAFT July 16, 2019 Planning Board Meeting Page 1 of3    Mr. Lowack made ai motion to: reappoint Howard Buchanan to Chair ofthe Planning Board for a one-year term to expire in June 2020. Ms. Simpson seconded that motion and the vote was Mr. Evans made ai motion to: reappoint James Almoney to Vice Chair ofthel Planning Board forad one-year term to expire in June 2020. Mr. Seidman seconded that motion and the vote was  4-0. 4-0. 2.  Proposed Zoning Amendment-9153.070 Stormwater. Management-C Clarify One-and Two-Family Dwelling Requirements and Create Maintenance Requirements Aj proposed zoning amendment to the Stormwater Management ordinance was included in the packet for consideration. The language would clarify requirements for one- and two-family dwellings and create maintenance requirements. The proposal would require all new and substantial improvements to commercial and one- and two-family dwellings that exceed 6,000 square feet in] lot coverage toj provide ac comprehensive plan forj proper drainage of all surface water and meet the design criteria as stated int the ordinance. The lot coverage recommendation of6,000 square feet was determined by using the minimum lot size of 15,000 square feet and using the most restrictive lot coverage of 40% in the Residential Low zoning district. To develop a 15,000 square foot lot to the maximum lot coverage, stormwater should be kept on-site. The ordinance currently requires 3,000 square feet to have a stormwater management plan but it did not specify the number to refer to lot coverage or gross floor area and also used the word "may" rather than "shall" for the requirement. The Residential Low zoning district has not had many stormwater management issues as a result of new development; however, the concern comes with larger dwellings and/or maxed out developments that there is that possibility in the future. Additionally, staff recommended adding stormwater management maintenance. Stormwater management features will not function properly unless they are properly maintained. This amendment will ensure that the Town can enforce stormwater management maintenance for proper operation even if the State regulations do not require a stormwater permit. Certification by ar registered professional engineer is also amended to read a registered "design professional,"  which is the current language used throughout the code. Eddie Valdivieso entered the meeting at 5:34 p.m. consideration and it isi included with the other packet materials.  Mr. Valdivieso distributed a copy ofrevised language that hel had composed for the group's Assistant Planning Director Cameron Ray said he would take this revised language under review and return it for the Planning Board's consideration. Revisions could be considered at a Mr. Evans made a motion to forward the proposed amendment to $153.070 Stormwater Management - Clarify One- and Two-Family Dwelling Requirements and Create Maintenance Requirements along with the consistency statement to thel Board ofCommissioners: recommending  future meeting.  approval. Mr. Seidman seconded that motion, and approval was by 5-0 vote.  DRAFT July 16, 2019 Planning Board Meeting Page 2of3    3.  Proposed Zoning Amendment- - $153.072 Sewage Disposal- Update Sewage Disposal This language would clarify and update the ordinance that was originally developed in the early 1990's. It has come to staff's attention that the language is outdated and does not properly address the sewage options and associated regulations. The proposed amendment specifies the requirements for authorization, approval, and/or appropriate applications with engineering certificates satisfactory for all sewage systems regulated by the N.C. Department ofEnvironmental Quality. The amendment updates regulatory agencies and sewage options currently available. Mr. Ray explained that Assistant Public Services Director Derek Dail had assisted with the proposed language. Mr. Dail explained that a customer with a building permit application for a sewer force main extension and claimed that the Town's ordinance did not specify that a State Mr. Lowack made a motion to forward the proposed amendment to $153.072 Sewage Disposal - Update Sewage Disposal to the Board of Commissioners along with the consistency statement recommending approval. Ms. Simpson seconded that motion. The: motion carried, 5-0. Public Comment (Time limit of3 minutes per person; 5 minutes per group)  permit was needed.  Response to Public Comment Board Member Comment Other Business Adjournment  There being no further business before the Planning Board at this time, Mr. Valdivieso moved to adjourn this meeting. Mr. Seidman seconded the motion and approval was by a 5-0 vote.  It was 5:42 p.m.  Submitted by: Harriet B. Banner Administrative Assistant  DRAFT July 16, 2019 Planning Board Meeting Page 3 of3    Director of Planning and] Inspections MEREDITH GUNS Building] Inspector MARTY SHAW CHARLES THUMAN Codel Enforcement Officer JORDAN BLYTHE  DEVIL Birthplaceof Aviation THCARO NORTH CAROLINA PLANNING DEPARTMENT  Assistant Director of Planning: and Inspections CAMERON. RAY Senior Planner RYANLANG Zoning Administrator DONNA: ELLIOTT  THE TOWN OF KILL DEVIL HLLS  August 20, 2019 Memorandum To: From: Subject:  Planning Board  Cameron Ray, Assistant Planning Director &  Proposed. Zoning Amendment $153.073 Landscaping Requirements- Modify Landscaping Requirements tol Include Single Family and Duplex Dwellings with  Greater Than 6,000 Square Feet ofLot Coverage  During the August 12, 2019: Board of Commissioners meeting staff was given direction to create landscaping buffer requirements for large single family and duplex development. Attached is an amendment to 153.073 Landscaping Requirements for single family and duplex dwellings with greater than 6,000 square feet ofl lot coverage to provide a vegetative buffer. Large single family and duplex dwellings greater than 6,000 square feet of1 lot coverage create. large areas of coverage, increased density, large parking areas, large structure size, and noise, air, and light glare pollution that is non-compatible with abutting single family and duplex dwellings with less than 6,000 square feet of1 lot coverage. Providing landscaping requirements, including screening requirements, willi improve the appearance ofthe development, provide spatial separation ofland uses, and protect, preserve, and promote the aesthetic and visual character oft the Town. Statfrecommends the Planning Board forward the proposed amendment and consistency statement to the Board of Commissioners with ai favorable recommendation.  102 Town Halll Drive * POI Box 1719* * Kill Devill Hills, NC 27948 * (252) 449-5318 * Fax (252)441-4102    $153.073 LANDSCAPING REQUIREMENTS.  (A) Intent and objectives.  (1) Thei intent oft this section is to improve the appearance of parking areas and properties abutting public rights-of-way; to provide buffering between noncompatible land uses; toj provide spatial separation ofland uses; to protect, preserve and promote the aesthetic and visual character oflands 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 (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 bei included in required landscaped areas. No more than 20% of ai required perimeter landscaped area may be utilized for sidewalks, walkways or private roads. Landscaping standards may be satisfied within required setbacks. (3) Any existing natural landscape shall bej preserved whenever possible. Preservation of trees and further landscaping is the goal rather than destruction of existing trees or plant life. The planting of drought-tolerant vegetation common to the immediate natural coastal environment is (4) While the above objectives are general in form, proper design and location of trees, shrubbery and other landscape amenities will be subject to the town's plan review procedure.  artificial light glare within the town.  encouraged to ensure proper plant life development and maturation.  (5) Landscaped areas may be used for nitrification fields. (B) Jurisdiction. The requirements of this section shall apply to all zones. (C) Applicability. All new development and redevelopment shall comply with the requirements oft this section, except single-family detached residences and duplexes with less than 6.000 square feet of] 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 (2) Thej plan shall include the location and size ofa all proposed structures or improvements, landscape materials, including botanical and common names, and all existing vegetation by their (a) A tree survey: show all existing trees which have a diameter ofs six inches or greater, measured three feet from the base and also all: major vegetation with an index oft those trees and  (D) Plan review and approval.  approval covering new development or redevelopment. common names as specified by the following:  vegetation;  (b) Total site area; (c) Parking area;  (d) Landscape areai required and provided for in the project; (e) Number oftrees which are provided for the project;    (f) Irrigation plan, ifany;  (g) Total amount ofinterior landscaped area. (E) Parking lot landscape requirements.  (1) Ifmore than 40 parking spaces are provided, landscaping of 10% oft the total parking areas, including aisles, shall be required. This landscaping shall be established within the  interior of the parking lot.  (2) The interior landscaped areas shall be located in ai manner that: (b) Provides visual relief from a large expanse of paving; (C) Preserves existing trees, where possible; and (d) Screens loading and service areas. travel lane serving the parking aisle. save or protect existing vegetation.  (a) Assists and helps to control the: movement of vehicular and pedestrian traffic;  (3) Al landscaped aisle shall bej provided at the end of each parking row adjacent to the (4) In order to encourage the required landscaped areas to bej properly dispersed, no required landscape area shall be larger than 350 square feet unless a larger area is necessary to (5) Interior landscaped areas shall contain ai minimum of75 square feet. Within these landscaped areas there shall be ai minimum of one small tree per ten parking spaces in addition to other plant materials and ground cover. See division (L) ofthis section and Appendix A ofthis (6) Required perimeter landscape areas shall not be used in the calculation ofrequired  chapter.  interior landscape areas. (F) Perimeter landscaped areas.  (1) General. Aj perimeter landscaped area, with a minimum depth of five feet, shall be required along property lines. Along property lines abutting any street, the minimum depth shall be ten feet. Driveways, sidewalks and similar facilities may traverse perimeter landscaped areas.  (2) Screening requirements.  (a) Buffer between incompatible uses. Restaurants, retail sales, shopping centers, automotive sales or repair, taverns, amusement or entertainment establishments, industrial uses, warehouses, wholesale businesses or trucking facilities, business or professional offices, places of worship, schools, daycare centers, parking lots, and-townhouse or multi-family developments, and single family and duplex dwellings with greater than 6.000 square feet ofl lot coverage must provide screening on their property for certain adjacent uses. Where abutting single-family dwellings or duplexes with less 6,000 square feet oflot coverage toi the rear or to the side, such property line shall have a wall constructed of wood, masonry wall, vinyl or composite materials ora a vegetative buffer six feet in height along the property line. Along property lines abutting single-family or duplex dwellings with less than 6.000 square feet of lot coverage a fence or    dense vegetative screen shall bej provided. Fences shall be constructed ofwood, masonry, vinyl or composite materials and be ai minimum ofs six feet in height. In addition, ornamental landscaping shall bej provided ifai fence: is utilized as al buffer. Dense vegetative screens shall contain shrubs at least 30i inches high at the time ofinstallation planted two-and-one-half: feet on center. The type ofs shrub used needs tol be capable of attaining a height ofa at least six feet at maturity. A dense vegetative screen utilized as a buffer will also satisfy the ornamental landscaping requirements below. In all cases where a fence is constructed, the required landscaped area shall be located between the fence and property line.  (b) Ornamental landscaping. Along property lines not abutting single-family or duplex dwellings with less than 6,000 square feet ofl lot coverage, the landscape plan shall indicate at least one tree: for each 30 linear feet ofl landscape area and one shrub for each ten feet of landscape area. For new construction or substantial improvements in the Commercial Zone, the landscape plan shall indicate at least one tree and one: shrub for each ten linear feet ofl landscape area along the front property line. Ornamental landscaping need not be evenly spaced, but rather dispersed throughout the landscape area to create a natural appearance. In all cases where a fence isc constructed, the required landscaped area shall bel located between the fence and property line. (c) No vehicles, motor or otherwise, shall be parked on landscaped areas. In all cases where a fence is constructed, the: required landscaped area shall be located between the fence and property line. No temporary signs or other structures shall bej placed on any landscaped area without issuance ofaj permit by the Building Inspector or Zoning Administrator. (G) Grass and, ground cover. Ground cover shall be placed or planted on all disturbed portions of exposed ground or earth not occupied by natural or other landscape material.    DEVIL  TOWN OF KILL DEVIL HILLS  Land Where Flight Began  Birthplaceo of Aviation FTHICAROY  MEMORANDUM TO: FROM: REF:  August 12, 2019  Mayor and Board of Commissioners Commissioner Mike Hogan Commissioners' Agenda  Lately we' ve heard many comments about the negative effects of large houses on adjoining properties. It's an issue that's been around for years and is a continuing concern to  many in our town.  As ai result of speaking with staffI would like to suggest several changes that would help  ini minimizing those effects without: restricting bedrooms or house size.  My proposals are: residences;  1.F Require landscape buffers similar to buffers required between commercial structures and  2. Increase parking setbacks to 7 feet for the large parking area;  3. In the interest of safety, require an emergency access lane and limit stacked parking to 4  vehicles.  Ift the Board agrees going forward with these ideas, we can ask stafft to develop amendments for our consideration and send to the Planning Board for formal review.    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 to the Town Council within 30 days of referral of the amendment to the Planning Board, or the Town Council may proceed in its consideration oft the amendment without the Planning Board report. Furthermore, in no case is the Town Council bound by the recommendations, ifany, of the Planning Board. Perl NCGS 160A-383, the Planning Board shall advise and comment on whether the 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 a proposed amendment is inconsistent with the officially adopted plans shall not preclude consideration or approval oft the proposed amendment by the Town Council.  PLANNING BOARD RECOMMENDATIONS  Proposed. Amendment Title: Proposed Zoning Amendment $153.073 Landscaping Requirements- Modify Landscaping Requirements to Include Single Family and Duplex  Dwellings with Greater Than 6,000 Square Feet ofLot Coverage  Approval: Planning Board finds that the Proposed Zoning Amendmenty.53.075 Landscaping Requirements- Modify Landscaping Requirements to Include Single Family and Duplex Dwellings with Greater Than 6,000 Square Feet ofLot Coverage is consistent with the  adopted Land Use Plan.  Therefore, the Planning Board finds the proposed amendment is consistent with the objectives and policies contained ini the Kill Devil Hills Land Use Plan and/ or other officially This report reflects the recommendation of the Planning Board with a vote of to_ this  adopted plans oft the Town that are applicable. the sixteenth day of April, 2019.  Attest:  Planning Board Chairman  Secretary ofPlanning Board    Director of Planning andl Inspections MEREDITH GUNS Building Inspector MARTY SHAW CHARLES THUMAN Codel Enforcement Officer JORDAN. BLYTHE  DEV Birthplaceot Avlation IHCARO NORTH CAROLINA PLANNING DEPARTMENT  Assistant Director of Planning and Inspections CAMERON RAY Senior Planner RYANLANG Zoning Administrator DONNA. ELLIOTT  THE TOWN OF KILL DEVIL HILLS  August 20, 2019 Memorandum To: From: Subject:  Planning Board  Cameron Ray, Assistant Planning Director R  Proposed Zoning Amendment $153.076 Off-Street Parking and Loading Modify Parking Requirements for Single Family and Duplex Dwellings with  Eleven Bedrooms or More  During the. August 12, 2019 Board of Commissioners meeting, staff was given direction to create increased off-street parking requirements for large single family and duplex dwellings including increased setbacks for parking areas, access aisle, and limit stacked parking. Attached is az zoning As proposed, an increased side yard parking setback to seven feet, required access aisle to the structure, and limiting no single roW of stacked parking to exceed six spaces would apply to all single family and duplex dwellings with elven bedrooms or more. The increased side yard setbacks for driveways, access aisles, and parking areas would change from five feet to seven feet and will improve spatial separation, safety, and environmental protections for the large required parking areas associated with large single family and duplex dwellings. An access aisle is proposed with ai minimum oft ten feet in width and shall be open within 40: feet oft the dwelling. The access aisle will be allowed tol have: no more than two parking spaces stacked. An open access aisle within forty feet oft the dwelling willi improve safety for the dwelling and provide better circulation and movement for vehicles. Additionally, parking areas willl be limited to no single row of stacked parking shall exceed six stacked required parking spaces. This will create smaller less congested parking areas and allow: for improved vehicular movement. Staff: recommends the Planning Board forward the proposed amendment and consistency statement to the Board of Commissioners with a favorable recommendation.  amendment revising 153.076 Off-Street Parking and Loading.  102 Town Halll Drive * POI Box 1719*Killl Devill Hills, NC 27948 * (252) 449-5318 *] Fax (252)441-4102    S 153.076 OFF-STREET PARKING AND LOADING. (10) Parking requirements. for single-family and duplex structures.  (a) Kards.  1. Dwellings with four bedrooms orl less:  a. Driveways and parking areas shall: not exceed a single or combined width of 80% of b. Driveways and parking areas shall maintain a minimum ofa two-foot side yard  the total lot width, not to exceed 40: feet, whichever is less; and setback and must maintain a five-foot setback in rear yards. 2. Dwellings with five ermere to ten bedrooms:  a. A1 minimum of one but no more than two paved driveways of at least ten feet in  width and not exceeding a single or combined width of20 feet shall be permitted in this area. Parking setback shall be equal to the total width oft the driveway(s) measured from the property line. Width oft the driveway at the property line shall be maintained forai minimum of five feet. Driveways in the required parking setback area cannot be sued used for calculation of  required parking.  b. Parking setbacks ertmesdeaméreryerd shall be ai minimum offive feet from the Turn around area forj properties abutting highways, thoroughfares and/or collector  property line for both driveways and parking areas.  streets shall be within the designated parking area outlined int this section. Driveways with a minimum width of20: feet may utilize the driveway area within the required setback as the turn  around area.  3.1 Dwellings with eleven bedrooms or more:  a. AI minimum of one but no more than two paved driveways ofat] least ten feeti tin width and not exceeding a single or combined width of20 feet shall be permitted in this area. Parking setback shall be equal to the total width of the driveway(s) measured from the property line. Width oft the driveway at the property line shall be maintained for a minimum of five feet. Driveways in the required parking setback area cannot be used for calculation of required  parking.  b. Parking setbacks shall be a minimum ofs seven feet from the property line for  driveways. access aisles. and parking areas.  Turn around area for properties abutting highways. thoroughfares and/or collector  streets shall be within the designated parking area outlined in this section. Driveways with a minimum width of20 feet may utilize the driveway area within the required setback as the turn  around area.    e. Minimum of one access aisle shall be designed open and unobstructed to within 40 feet oft the primary dwelling. Minimum access aisle width shall be ten feet. No more than two  required parking spaces may be located within the access aisle.  e. No single row of stacked parking shall exceed 61 required spaces.    EVIL  TOWN OF KILL DEVIL HILLS  Land Where Flight Began  Birthplace of Aviation THCARO  MEMORANDUM TO: FROM: REF:  August 12, 2019  Mayor and Board of Commissioners Commissioner Mike Hogan Commissioners' Agenda  Lately we've heard many comments about the negative effects of] large houses on adjoining properties. It's an: issue that's been around for years and is a continuing concern to  many in our town.  Asaresult of speaking with staffI would like to suggest several changes that would help  ini minimizing those effects without restricting bedrooms or house size.  My proposals are: residences;  1.1 Require landscape buffers similar to buffers required between commercial structures and  2. Increase parking setbacks to 7 feet for1 the large parking area;  3.1 In the interest of safety, require an emergency access lane and limit stacked parking to 4  vehicles.  Ifthe Board agrees going forward with these ideas, we can ask staff to develop amendments for our consideration and send to the Planning Board for formal review.    PLANNING BOARD REPORT  Perl NCGS 160A-387, all proposed amendments to the zoning ordinance or zoning map shall have a written report provided from the Planning Board to the Town Council within 30 days of referral of the amendment to the Planning Board, or the Town Council may proceed ini its consideration oft the amendment without the Planning Board report. Furthermore, in no case is the Town Council bound by the recommendations, ifany, oft the Planning Board. 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, 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 a proposed amendment is inconsistent with the officially adopted plans shall not preclude consideration or approval oft the proposed amendment by the Town Council.  PLANNING BOARD RECOMMENDATIONS  Proposed. Amendment Title: Proposed Zoning Amendment -$153.076 Off-Street Parking and Loading Modify Parking Requirements for Single Family and Duplex Dwellings  with Eleven Bedrooms or More  Approval: Planning Board finds that the Proposed Zoning Amendment- $153.076C Off- Street Parking and Loading Modify Parking Requirements for Single Family and Duplex Dwellings with Eleven Bedrooms or Moreis consistent with the adopted Land Use Plan. Therefore, the Planning Board finds the proposed amendment is consistent with the objectives and policies contained in the Kill Devil Hills Land Use Plan and/ or other officially This report reflects the recommendation oft the Planning Board with a vote of to_  adopted plans oft the Town that are applicable. the sixteenth day of April, 2019.  this  Attest:  Planning Board Chairman  Secretary of] Planning Board