Post Office Box 549 101 Veterans Memorial Drive Kitty Hawk, NC27949  Phone (252) 261-3552 Fax (252)261-7900 EHV/Ae-tyawacwA  TOWN OF KITTY HAWK PROPOSED AGENDA KITTY HAWK TOWN COUNCIL Monday, October 7th, 2024 Kitty Hawk Town Hall, Smith Room  6:00PM  1. Call to Order  2. Moment of Silence/Pledge of Allegiance  3. Approvai of Agenda  4. Presentation by Outer Banks Visitors Bureau for Outer Banks Promise  5. Public Comment -The public is invited to address the Town Council on any topic. Please sign up with the Town Clerk before the meeting and when your name is called, come forward and speak into the microphone at the lectern. Please limit comments to 3 minutes. 6. Consent Agenda - Items on the consent agenda are considered to be non-controversial, routine in nature, or items not requiring a presentation to discuss by the Town Council in order to consider the items(s). Anyi item may be removed for discussion by the council or by any member of the audience who wants to hear the item presented and discussed. a) Budget Amendment #3 General Fund- The Police Department received a donation b) Budget Amendment #4- Encumbrances from FY: 2023-2024- Open purchase orders for purchases or services that were contract June 30, 2024, but are not completely delivered. These purchase orders are re-entered in the current FY 2024-25 because c) Budget Amendment #5- Fund 30 Beach Nourishment Project CLOSING- Transfer the remaining balance to the Capital Reserve Beach Nourishment $471,900.  of $100 that will be used for supplies.  they will be paid from the current fiscal year budget.  7. Items Removed from Consent Agenda 8. Planning - Public Hearing  a) Zoning Text Amendment - 42-360.- Sound waters district. Proposal to reclassify  piers as permitted use, and amend maximum pier length  9. Planning -Schedule Public Hearing  a) Schedule Public Hearing - Zoning Text Amendment- 42-1.- Definitions; 42-504.- Yards generally. Proposal to define accessory structures and allow accessory structures no larger than 144 sq. ft. and no taller than 15 ft. in height to be located  as close as 5 feet to side and rear property lines.  1Page  Town Council Proposed Agenda October 7 2024    TOWN yHD  TOWN OF KITTY HAWK  10. Old Business: 11. New Business:  a) 2023-24 Financial Statement Update b) NCDOT Sidewalk Project  a) Planning Subdivision- 4324 Carrenda Ln - proposed 5 lot subdivision from 2.96-  acre parent parcel  12. Reports/General Comments from Town Manager 13. Reports/General Comments from Town Attorney 14. Reports/General Comments from Town Council  15. Adjourn  *To Watch Livestream on YouTube: ittps//youtube.comVMe/GIUNR2EOhare The meeting will also be available to watch on the Town's YouTube channel on demand the next  day.  **Send Comments and/or Questions via email:  You may always send comments or questions at anyt time to ntoektvhawktownnet If you would like your question or comment read at this meeting, please send it by 2:30 PM on July 1, 2024, and note that you would like it to be read at the meeting. Be sure to include your full name and address. Please keep your Si habla espahol, los servicios de asistencia linguistica estan disponibles de forma gratuita. Llame al  comments toi three minutes. 252-261-3552 para obtener ayuda.  2IPage Town Counch Proposed Agenda October 7, 2024    Post Office Box! 549 101 Veterans Memorial Drive Kitty Hawk, NC: 27949  Phone (252): 261-3552 Fax (252)261-7900 Atp/npwAAtynawAncA  TOWN OF KITTY HAWK  Draft Minutes KITIYHAWKTOWN COUNCIL Monday, September gth, 2024 Kitty Hawk Town Hall, Smith Room  6:00PM  1. Callt to Order  2. Moment of Silence/Pledge of Allegiance  3. Approval of Agenda  4. Town Staff Member Recognition- Aaron Nelson, five years of service, Police Department; new 5. Public Comment - The public is invited to address the Town Council on any topic. Please sign up with the Town Clerk before the meeting and when your name is called, come forward and speak 6. Consent Agenda - Items on the consent agenda are considered to be non-controversia, routine innature, ori items not requlingapresentation to discuss by the Town Council in order to consider the items(s). Any item may be removed for discussion by the council or by any member of the a) Approval of August 5th, 2024, Regular Session Council Minutes - Approval of the b) Proclamation- Declaring Diaper Need Awareness Week September 23 September 29, c) Reasonable Accommodation for Pregnant Workers Policy- Employee Handbook d) Budget Amendment #2 FY2024-2025- Transfer funds previously saved for the replacement of the AC system at the Fire Station from the Capital Reserve Fund 21to  staff member Greg Hardin, Public Works  into the microphone at the lectern. Please limit comments to 3 minutes.  audience who wants to hear the item presented and discussed.  consent agenda will approve these minutes.  2024  update Article VI, Section 11.2 the General Fund 10  7. Items Removed from Consent Agenda 8. Planning- -Schedule Public Hearing  a. Zoning Text Amendment - 42-360.- Sound waters district. Proposal to reclassify piers as a. Roosters in Kitty Hawk- Staff to report community survey results, and Planning Board  permitted use, and amend maximum pier length  9. Old Business:  recommendation.  1/Page Town Council Meeting Minutes Scptember 9, 2024    TOWN OF KITTY HAWK  10. New Business:  a. Ordinance proposal- Live Oak as official Town tree b. Recreation Committee Trail Plan Proposal  Subdivision- 800 W. Kitty Hawk Rd - proposed 2 lot subdivision from 2.41-acre parent  parcel  d. Appointment of Planning Board Alternate Member Proposed Police Department Pay Plan Adjustment 11. Reports/General Comments from Town Manager 12. Reports/General Comments from Town Attorney 13. Reports/General Comments from Town Council  14. Closed Session- Pursuant to N.C. Gen. Stat. 143-318.11(3), Town Council will now enter into closed session for the purposes of receiving legal advice from the Town Attorney and to preserve the attorney-client privilege concerning a recently filed lawsuit styled Mina V. Town of  Kitty Hawk, et al. 15. Adjourn Council Members Present: Walker, and Councilman Dylan Tillett. Staff Members Present:  Mayor Craig Garriss, Mayor Pro Tem. Jeff Pruitt, Councilman David Hines, Councilwoman Charlotte  Town Manager Melody Clopton, Town Attorney Casey' Varnell, Administrative Services Director Laura Walker, Finance Officer Liliana Noble, Police Chief Mike Palkovics, Police Lieutenant James Helms, Fire Chief Mike Talley, Public Works Director Willie Midgett, Planning Director Rob Testerman, Public  Information Officer/Town Clerk, Lauren Garrett 2. Moment of Silence/Pledge of Allegiance  1. Call to Order 3. Approval of Agenda  Garriss: Council, Ineed a motion to approve tonight's agenda, please.  Pruitt: So moved, Mr. Mayor. Garriss: Motion by. Jeff, dol Ihave a second? Walker, Charlotte: Second. Garriss: Second by Charlotte. All in favor?  All Council: Aye.  2Page Town Council Meeting Minutes September 9, 2024    TOWN OF KITTY HAWK  Garriss: All opposed? None, thank you. Staff recognition, Chief Palkovics are you going first with Aaron Nelson?lunderstand you had to clear a call before you got here, thank you for that.  4. Town Staff Member Recognition  Palkovics: lam very pleased and honored to have Aaron join us tonight. Unfortunately, hei is one of those guys who schedules something like this then he must go out and make at traffic stop sO there's always a chance he might not make it. That's the dedication he has here but I'm very pleased to have Aaron here tonight to recognize his five years of service to the Town of Kitty Hawk. Aaron is one of those guys you can't say enough about, the way he does his job each day, the passion he has for his job, he goes out and tries to help people but also take care of people who are not doing the right thing and address them to make our town safer. We are grateful to have him and his leadership and what he contributes to the Town and Police Department, solwant to recognize Aaron. The plaque says. July 23, 2019, to. July 23, 2024, Aaron is presented this certificate of appreciation for five years of service to the Garriss: Congratulations, l've known Aaron for a while and we' re thankful that you are here in Kitty Midgett, Willie: Mr. Mayor, Iwould like to present Greg Hardin. He is taking the custodial position for the Town of Kitty Hawk which is a new position we hired this year. Greg is a resident of Kitty Hawk, hei is al Marine veteran, he previously worked with al local real estate company for ten years before joining us and we're happy to have him. He'salreadyt taking the bull by the horns and taking care of items and doing some maintenance as well. We'd like to thank him for everything he's been doing and plans to do. Garriss: Thank you, we're glad to have new people coming to Kitty Hawk. Thank you for being here. Public Comment, Lauren do we have anyone signed upt for Public Comment tonight?  Town of Kitty Hawk. Congratulations, we can't wait to do your 25th. Hawk. Willie, you have a new staff member, Greg Hardin.  Thank you.  5. Public Comment Garrett, Lauren: No sir, we do not.  Garriss: Thank you. Is there anyone who would like to speak at Public Comment tonight? Alright, let the  record show that no one chose to speak at Public Comment tonight.  6. Consent Agenda  Garriss: Council, Ineed a motion to approve tonight's Consent Agenda.  Walker, Charlotte: So, moved. Garriss: Motion made by Charlotte. Second? Tillett: Second.  3/Page Town Council Mecting Minutes September 9. 2024    TOWN OF  KITTY HAWK  Garriss: Second by Dylan, all in favor?  All Council: Aye.  Garriss: All opposed? None. No items removed from the Consent Agenda.  7. Items Removed from Consent Agenda  Garriss: Item 8A, we need to schedule a Public Hearing, Council. Zoning text amendment for sound  waters district.  8. Schedule Public Hearing  Tillett: Mr. Mayor, Imove to schedule al Public Hearing at the Town Council meeting on October 7th,  2024, to consider the proposed text amendment to Section 42-360.  Garriss: Thank you, Dylan. Do Ihave a second?  Pruitt: Second.  Garriss: Second by. Jeff. All in favor?  All Council: Aye.  Garriss: All opposed? None. Thank you, Council. Old Business, Number 9, let's talk about roosters.  9. Old Business  Garriss: First of all, we had a survey that went out and we had a great response from the public on this topic and lwant to thank you, this entire Council wants to thank you, that was great. Testerman, Rob: Alright, as you mentioned ai few months ago, the Council directed the Planning Board to talk about keeping roosters in Kitty Hawk. Town staff have put together the survey you) just referenced. After being online for some time, we have received 119 responses. Iwon'tgo through all the survey responses, but they are in the Council packets. Currently, the Town does not have any specific regulations on keeping roosters. It's always been handled under the noise ordinance and Planning Board after reviewing the survey responses and the information given to them, their recommendation was that no new specific regulations be drafted citing that it is already covered under Section 18-2F, specific prohibitions says animals and birds, owning or possessing or harboring any animal or bird which frequently or for continued duration howls, barks, meows, squawks, or makes other sounds which creates a noise disturbance across residential real property boundary or within noise sensitive zone. Ididn'ti include any recommended motions for Council. Ithink if the Council agrees with the Planning Board, then don't think there's any necessary motion. If they do want us to draft 4Page Town Council Meeting Minutes September 9, 2024  something, then come with a motion to direct us to do sO.    TOWN OF KITTY HAWK  Garriss: Thank you, Rob. Personally, lagree with what the Planning Board has done. They puti in a lot of hard work along with you, Rob.lagree with their findings. Casey, we do not need a motion, correct? Varnell, Casey: That's correct. It's for informational purposes only. There's nothing being proposed asl Garriss: Any comments from Council? None? Okay, we will leave it asi is. Thank you, Rob. Item 10, Mr. Tumolo let's have a presentation on the Live Oak. A lot of hard work has gone into this too, thank you.  understand it.  10. New Business  a) Ordinance proposal- Live Oak as official Town tree  Tumolo, Ron: Good evening, Mayor and members of Town Council and Town Manager. Back in May,l had the opportunity to come here and ask about a couple of things Ifelt are important to the Town. One of them was adopting the Live Oak as the official Town tree of Kitty Hawk. In addition to adopting the Live Oak as the Town tree, Ithought it made sense to propose an ordinance to include some controls and protections of our Live Oak. Pursuant to thaticoordinated with Melody and the Town Clerk as well as coordinating my findings and the draft ordinance with the Director of Planning. I did research of most every jurisdiction in our area andi found there they have protections for the Live Oaks and other trees with the exemption of our Town. The Town of Nags Head and the Town of Manteo do enforce the protection of Live Oak with fines and ini the draft ordinance that Isubmitted in coordination with the Town Clerk and Planner, there's a fine proposed. Has everyone had an opportunity to review the proposal? So, just in addition to coming here and saying we need an ordinance, and we need to protect the trees, we didn't) just come up with this. Ihad an opportunity to talk to with Councilmen as well as former residents of Kitty Hawk where they're really disappointed and lunderstand. At some point in time, portions of the Town of Kitty Hawk were clear cut, to use the term, oft trees, especially Live Oak trees. That's happened ina al lot ofj jurisdictions, and Ithink it'sag great opportunity to put some protectionaround the Live Oak trees in Kitty Hawk. In addition to being a great opportunity to preserve our environment, it's also clearly called out in our Town's Land Use Plan. Under the Land Use Plan and compatibility policy 4-3, enhanced tree cover in the Town of Kitty Hawk that's already listed as ongoing, perhaps this could be applied towards a goal int that effort moving int that direction. Trees provide several benefits including enhancing property values and aesthetics, inexpensively mitigating storm water management, improving air quality, providing wildlife habitat and energy savings. We have a Live Oak tree in our backyard that is 150 years old. I can't tell youl how many times have seen Bald Eagles in that tree, osprey, and all other sorts of wildlife and it'sj just a great resource here oni the Outer Banks. As you can see here in the ordinance, Idid a bit of research since Ididn't want to reinvent the wheel andI thought the best thing to do would be to identify a resource or ordinance already in use in Dare County, reached out to a couple of towns, reached out to our colleagues at the Town of Nags Head and their policy seemed the most simplistic and most reasonable. Ireached out to them and asked their permission to use that as a sort of baseline for crafting our own.Iremoved ai few things out oft theirs because they had an entire table talking about other kinds of deciduous trees so the ordinance that you have before youi is clean, cut andi fair. Ithink it does what need it to do here ini the town. So, I'm here tonight to ask the Town Council to consider implementing this ordinance in addition to naming the Live Oak as our official town tree. Idon't think it makes sense to do anything unless we are going to do 5Page Town Council Meeting Minutes September 9. 2024    TOWN OF KITTY HAWK  something to protect it. I'm happy to answer any questions, anythingl Ifound during my research. Ido find that there are thousands of communities that are starting to do this because there is so much building going on and this isn'tanything to slow down building. This is an opportunity toi integrate what we have here in our environment with the design. Iwas driving around town the other day in Kill Devil Hills in as small neighborhood where they have literally built a single-family home around a 100-year-old Live Oak tree ini thei front yard. It's not that hard and Ithink we can do it. What helps us to do that is to have something in writing to protect that says you can't just knock down at tree in your backyard because it blocks the view of the sound. That's my story and I'm sticking to it. Garriss: Thank you, Ron. So, would this be amending an ordinance that's already in place?  Testerman, Rob: We don't have anything currently in place. Garriss: So, why does this mention "amending"?  Clopton, Melody: The ordinance would be amending the Town Code.  Garriss: IfCouncil chooses to adopt, we'll need to amend the date. He's got August 5th. Varnell, Casey: Yes, it would be effective if adopted. That's probably the date that it was presented. It would be effective as of the date of adoption which would be today, if action was taken today. Tumolo, Ron: Mr. Mayor, August 5th was the date Icame here to Town Hall to meet with Melody, Town Clerk, and Director of Planning. We went through and Mr. Testerman had some concerns about the ordinance that we went through and addressed those concerns completely. What yous see ini front of Garriss: Great job. Iknow we' 've had this come up before, but we haven't acted on it so I'm glad we're Pruitt: Mr. Mayor, Ithink this is a great ordinance, however sometimes with spur of the moment we might overlook something, and was wondering if this is something we would like to have the Planning Board look over. I'm just throwing it out there. I'm willing to go ahead and go but I'm just saying that Garriss: I'm fine with that if that's what the Council would like to do, goodi idea. Just go ahead and let Tumolo, Ron: The best ordinances are the ones that are researched and have transparengy.ithinkitsa Pruitt: Let them see it and you work with the Planning Board, Ron, and if there's something we can tweak al little bit more and this will also give opportunity for Public Comment. Thank you very much,  youi isar result of that.  finally moving forward, hopefully, withi it. Council?  maybe that would be a goodi idea. the Planning Board review. great opportunity.  great job.  6IPage Town Council Meeting Minutes September 9, 2024    TOWN OF  KITTY HAWK  Tillett: Ido have a question while you're still up here. Did you! by any chance speak to an arborist too? Tumolo, Ron: l've spoken with an arborist informally and since you're bringing this up this up, the Director of Planning pointed out a lot of Town Codes, they like their Planning Directors to go out and say yes or no to whether you can cut a tree down or yes, that treei is sick. We don't have the resources to train everyone to be an arborist sO whoever wants to knock down a tree and there's no shortage of arborists on the Outer Banks. The applicant would have to hire an arborist to do an assessment or Tillett: I'd love to see some views from that point of view as well just see you know they've got any  Consult with an arborist on this?  review at no cost or little cost.  beneficial input as well if that's possible. Tumolo, Ron: Absolutely.  Garriss: David, know youj just walked in. We are talking about the Live Oak ordinance, maybe sending itt to the Planning Board and then seeing if they have any changes. Are you good with that?  Hines: Perfect.  Pruitt: Dolneed to make a motion? Casey, does this need a motion or is this good like iti is? Varnell, Casey: Are we going back to the Planning Board? Ithink by consensus you all can just state that  you want it to go back to the Planning Board. Pruitt: Ithink that has been done.  Garriss: Good. Thank you, Ron. Okay, a big item here. Recreation Committee, Kitty Hawk Town Hall Trail. Come on up, Mr. Kip. Charlotte, know you are the liaison so any time you want to jump ini it will  be much appreciated.  b) Recreation Committee Trail Plan Proposal  Tabb, Kip: We have the full committee here and they will be able to answer questions and come up as needed or we can simply answer them at the end of the presentation. The Town of Kitty Hawk Recreation Committee is proposing a series of trails on Town Hall property, highlighting the beauty of our maritime forest that would benefit residents and visitors. We would like your approval of our proposal. This trail is consistent with the Town's CAMA Land Use Plan. The concept of at trail highlighting the maritime forest surrounding Town Hall is not new. The 1987 plans for Kitty Hawk Town Hall included an extensive trail network. Our preliminary walk oft the property suggests the 1987 trail reallyi is not practical, it would inçlude swamp and marsh and that would just be difficult to do. In our initial walk back there, we found some beautiful areas. This is an American Beech that is on the Southwest side of the proposed trail system. There'ssome beautiful high ground oni the North end up here, this is a ridge that runs North to the Sandpiper Cay property. It is possible that Sandpiper Cay may wish to connect to the Town trail although that of course would be their option. The Recreation Committee did create an online survey asking respondents to evaluate personal preferences and Town needs. The survey showed 7/Page Town Council Mceting Minutes September 9, 2024    TOWN OF KITTY HAWK  very widespread support for Town trails. There was at total of 279 responses, 176 were from full-time Kitty Hawk residents. When you! look at the responses, you see a very clear preference with 66.7% indicated hiking and walking as a preferred use. When you get into the Town residents, iti is really overwhelming with 84% of the Town residents wanting more trails. Again, the survey showed a very clear preference again for more trails. More than anything else, trails are the one thing that people wanted to see ini the Town. That was across everyone including business owners and part-time property owners. This is what we are proposing, iti is at two-phase plan with Phase 1i in red whichi is a little more than a mile in length. The trail head is on the North side of the property by the parking area which is not used that much right now so that would probably work very well. The first phase of the trail does bring the trail right in front of Town Hall. There's been al little bit of preliminary work on the trail just to geta sense of what it's going to be about. This is the North end of the trail where what would be the trail head. The trails are to be built to North Carolina Extension Service Guidelines, that's four feet iny width, the clearing height depends on what we're going to use them for, seven feet fori foot trails, eight feet for bikes, and ten feet for equestrian trails. As we walked through, we realized that we are going to need bridges for low areas. A preliminary survey established three bridges will be needed, the proposed design is already in use in Kitty Hawk Woods sound view trail. This is designed by Chairman Henriques, the approximate costi is $2,400 per bridge. It is possible a fourth bridge may be necessary and until we start putting the trail in, it's going to be difficult to tell. This is what the bridge looks like, and you'll notice the way this is designed and when the ground is very wet, this will allow water to flow underneath the trail and int the wetlands that is very important. This is what the overall design will be, right here. The approximate cost is $2,400 and this is where the budget is coming in. We are going to need a sign at the trail head advising people about the trail. There may be tools and equipment we may also need. Ifat fourth bridge is needed, that would bring the cost to $9,600, if our estimates are correct. Thei total cost estimate willl be $7,600 to $10,000. The current fiscal year Recreation Committee budget is $10,000 SO we would be right within where we're supposed to be. We do have a timeline which would be after the end of tick season, Ican't blow these photos upt for obvious reasons. We are planning on beginning work on the trails pending Town Council approval in October. We anticipate completion of Phase 1 by March or April of next year. The Recreation Committee members are committed to working on1 the trail itself. We also have Wesley Robinson here, he's an Eagle Scout candidate who is going to work with us as part of his community service requirement. We anticipate getting additional volunteers. So, this is what the future holds. There's Phase 1B that Ithink we'll need to discuss. If you notice this solid tan line, this will be area 1B which is right back here and you can see the yellow arrow over here, that is an area that is very low. It's right behind Town Hall, it's roughly 3701 feet in length. lt'svery poorly drained and it's not practical to have at trail there without some form of mitigation. The estimated cost to bring that up to a level that we could use that as a trail would be $8,000 whichi is really one reason why we are suggesting we need to put that off. Our budget is $10,000, obviously we can't invest $8,000 into that one section. Phase 2i is over here, ont the East side of the VEPCO power line right of way, thisi is our right of way right here and Phase 2 is over here. We have had a chance to walk that, and itis wonderful back there. It will take some clearing; it is dense back there. So, that isi it, there's still a couple issues to be resolved. We do need some waivers, especially if we have volunteers. 11 think it was in April or May, we met with' Willie and Melody and at that time we discussed whether Town staff could help with this project. Willie indicated that there may be an ability for the staff to help but we need to make sure that's all covered. We also must advise VEPCO power of the trail, Ithink that has been done. Ithink Alsu has sent an email to them, but we will double check ont that. There's also a question about what exactly this is going to be, like a Town project and if so, we'll have to take al look because there could be 8Pagc Town Council Mecting Minutes September 9, 2024    TOWN OF  KITTY HAWK  some issues. Casey, we are meeting tomorrow sO we can discuss. Other than that, we need the Town Council to approve the project so we can move forward. If you have any questions, please let us know. Hines: Ihave at few, Ithink this is a great idea. My personal vote would be that if you do it you make it  We have everybody here. wide enough for horses.  Tabb, Kip: The four feet width would accommodate horses and riders.  Hines: Ithought you said it had to bei ten feet.  Tabb, Kip: No, it would need to be ten feet in height. In other words, you'd have to clear up to teni feet. Hines: Got it. That might change ital little bit but that's where I would like to see itg go. Tabb, Kip: That would be very doable. Obviously, it takes more to clear up to tent feet but since al lotof people like to get their horses on the trail, we certainly want to do that. Hines: I'm sure they will pitch in and help. I'm sure there are low-lying limbs and things like that, Iwould  imagine.  Tabb, Kip: Yes, that'sal lot of what would need clearing out.  Hines: When you talk about the cost of the bridge, where did you get that bid from? Is that volunteers Henriques, Paul: Imade a design and estimated the material cost. To explain al little more about it, it'sa 201 feet section of bridge with two tapered 51 feet sections. It'sag good-sized bridge, low only a foot or 16 inches above ground sO it doesn't need any rails, so it has minimal cost. So, Ipriced it as labor and materials for the building with the hope for all of us to purchase materials and have volunteers build them. Typically, the way it works is 50% materials and 50% labor. We could have a! 50% savings if could  doing or trying to hire someone?  get enough volunteers.  Tabb, Kip: Yes, and iflcould add, when you budget, you always budget high.  Hines: Trust me, Iget it. Then, the only other thing Iwould add is that. Jeff, ify you remember, we had some complaints last year about the Trex material being slippery. Iwould make sure you consider that,  ifit's not getting sun on it theni it can get slippery. Pruitt: Ithink the horse fell last year.  Hines: Ithink the Fire Department had to respond. Just a suggestion on that, and you talked about the wetlands. Did anyone verify ifi that's CAMA? Did you: say it's low or it's wetlands back there?  Tabb, Kip: lwould consider it low.  9Page Town Council Mceting Minutes September 9. 2024    TOWN OF  KITTY HAWK  Hines: Did you see any cattails out there? Tabb, Kip: By the beech tree there are.  Hines: Okay, that would be CAMA jurisdiction. Have yous guys requested any grants through the tourism  board?  Tabb, Kip: Idon'tthink we can request a grant until the Council approves the proposal.  Hines: lunderstand, but there is money there so it's worth asking.  Garriss: We may have a contact for you.  Hines: Mine are more just comments, Ithink this is a great idea. I'm veryi interested in making sure the Tabb, Kip: That would be the intent, and that's why we want to make sure everyone can enjoy it. Hines: Iwish we had the money to do it all at one time. Ithink it's a wonderful idea and lappreciate you all putting thei time intoi it. know there'sal lot that goes into that presentation to get to where it'sat  trail can be used by all, andl Iknow the folks who ride horses would really enjoy it.  and I'm thankful for it. That'salllhave. Garriss: Thank you, David. Dylan?  Tillett: Melody, can we confirm that $10,000 was budgeted for this?  Clopton, Melody: Yes, that is correct. Tillett: Okay, that'salll Ihave.  Pruitt: Was there any left over from last year? Clopton, Melody: We don'tcarry over from previous years. Pruitt: Okay, it doesn't carry over. Idon't have anything else to add.  Garriss: Charlotte?  Walker, Charlotte: It has been very exciting to work with the committee on this project and Ihardly ever come to Town Hall when there's not someone here walking around this area as it is. They walk their dogs over here and iti is a very popular place for people to use. Ihave all hopes that it will go Garriss: Thank you, Charlotte. The Recreation Committee has done an outstanding. job. Great job. 10Page Town Council Meeting Minutes Sepiember 9, 2024  through just like it should.    TOWN OF KITTY HAWK  Hines: Ican't say enough, there'sa lot of work that goes into that.  Garriss: Council, Iwill entertain a motion.  Hines: Imove to approve the proposed Kitty Hawk Town Hall Trail by the Recreation Committee. The Town Council finds the proposed trail project to be consistent with the Town's proposed Land Use Plan  as well as the Recreation Committee's adopted Master Use Plan. Garriss: Thank you, David. Dol have a second?  Walker, Charlotte: Second.  Garriss: Second by Charlotte. Any further discussion? All in favor?  AllI Council: Aye.  Garriss: All opposed? None. It has passed. Kip, great job, great presentation.  c) Subdivision- 800 W. Kitty Hawk Rd  Garriss: Item 10C, we've got a subdivision. Rob? Council, believe you all got an amended plat. Testerman, Rob: To start, note that you did have a revised play handed out at your seat this evening. That came because of last Friday afternoon, Councilman Tillett caught something that had missed in the original plat. There was a shed that was shown to encroach the side yard setback.. After discussing with the engineer this afternoon, he quickly put together a revised plat that shifts that lot line over by two and half feet to make it compliant so that the shed is no longer in the setback area. So, this is fora two-lot subdivision, 800 West Kitty Hawk Road. The parent parcel is 2.41 acres, Ithink we've had a couple of these recently where it doesn'tqualify as an exempt because parent parcel is greater than two acres, so it must go to the Planning Board and Council for review. There are no new roads or infrastructure proposed as the new subdivision. There are two existing dwellings on the current parcel, this subdivision would put it so that one dwelling is on each property. In VC1 district the minimum lot size is 15,000 square feet of contiguous upland area, with the revision the two lot sizes 35,210.46 square feet with 28,414 of those being contiguous upland area and the other lot is 69,561.25 square feet with 69,800 square feet being contiguous uplands area. The maximum density in the VC1 district is two dwellings per acre this proposal comes out to 0.82 dwellings per acre. The minimum lot width in the VR1 district is7 75 feet measured at the front setback, you can see on the plat that both lots are compliant with that requirement. As Imentioned with the revision that was presented tonight, the building setbacki issue has been taken care of. The Planning Board reviewed this at their August 15th meeting, and unanimously recommended approval. This is being presented as both preliminary and final plats since there's no infrastructure being proposed there's no need for them to bringa final plat. The engineeri is on hand if there are any questions for him and with that, Iwill turn it over to the Council for any  questions to me as well.  Garriss: Council, any questions for Rob?  11/Page Town Council Meeting Minutes September 9, 2024    TOWN OF KITTY HAWK  Pruitt: Ihave one, Rob. The easement that is shared fori the two dwellings, how does that work out? Testerman, Rob: So, that would be just a recorded easement on the deed that would run with the property saying that in perpetuity unless both parties agree to abandon the easement, access would be Pruitt: So, the easement is going to be on lot A2. Are they the ones that are going to have to give  given through that existing driveway.  access?  Testerman, Rob: Yes.  Pruitt: Can they not agree to the easement or is it once you plat it, they must agree?  Testerman, Rob: Ithink the owners are agreeing to put iti in currently and then it will run with the land from there on out and if they ever wanted to abandon it, then both property owners int thei future would  have to agree to abandon it. Varnell, Casey: Correct.  Pruitt: Ijust didn't want one person to abandon it and leave somebody hanging. Varnell, Casey: Yes, that is the entire idea of that recorded document.  Pruitt: Okay, Idon't have any more questions.  Garriss: Thank you, Jeff. Any questions for Rob? Is the applicant here? Any questions for the applicant,  Council?  Rubino, Brian: The applicant had an emergency this afternoon but I'm here with Garriss: Okay, any questions? Thank you. Alright Council, what would youl like to do here? Pruitt: Mr. Mayor, move to approve the proposed preliminary plat for. Jean B Beachem Heirs  WithersRavene/Quble.  subdivision as shown on the submitted plat. Garriss: Thank you, Jeff. Second by David. Hines: Second the corrected plat, right? Pruitt: Yes, the corrected plat. Thank you, David.  Hines: Second.  Garriss: Any further discussion? All int favor, signify by saying, "aye".  12Page Town Council Meeting Minutes Scptember 9, 2024    TOWN OF  KITTY HAWK  AlI Council: Aye.  Garriss: All opposed? None. Thank you, Council. Thank you, Rob. Council, Item 10D appointment of Planning Board member since Dr. Merrill has resigned and left the area. We've got a list of names here.  Go ahead, Charlotte.  d) Appointment of Planning Board Alternate Member  Walker, Charlotte: Mr. Mayor, Iwould like to make a motion to appoint David Morton as analternate Garriss: Thank you, Charlotte. Any other names to come before Council? Do we have a second to  member of the Planning Board fori the term of office to expire June 30, 2025.  Charlotte'smotion? Tillett: Second.  Garriss: Second by Dylan. Any further discussion? Alli in favor?  All Council: Aye.  Garriss: All opposed? None. Thank you, Mr. Morton and Melody, you will make the proper notifications tomorrow? Thank you sO much. Glad to have him. Okay, Item 10E, ani important topic here. Proposed  Police Department Pay Plan Adjustment. Melody?  e) Proposed Police Department Pay Plan Adjustment  Clopton, Melody: As you know, we have had meetings with each of you to discuss the Police Department and some of thei issues we're having with recruitment and retention. The proposal that we are coming up with this evening isj just one aspect of trying to level the playing field for recruitment of police officers. Laura, Chief Palkovics, and Ihave been gathering data from all departments and all positions. We have looked at our positions, years of experience, and everything like that. Based on the research, what we are proposing is to complete a new pay scale for the police. We're going to remove it from the Town's pay plan, and it will be a separate pay scale all its own. We determined that about 6 percent would level the starting pay of a police officer. In your materials, we are proposing the starting pay for a Police Officer lis $55,061. We have also given the starting pay for all the other departments, the average for those is $55,100. So, we're kind of in the middle, we're not the highest and we're also not the lowest. Currently, our starting pay is $51,000 so if you're going to Nags Head, you're making $56,900 or you can come here and make $51,000. So, where are you going to go? This is one way to level the playing field and of course in doing this, we must adjust everyone. We can't just startar new starting pay and not roll everyone else up because you then have compression in the pay scale then you'd have people coming in making more than the people who are already here working. We don't want to have that. I've presented in your packets the new pay scale with the minimum range and the maximum range fori the police. This change for the remaining pay periods that we have in this fiscal year will cost $64,800 and that includes benefits and everything that goes up when you increase pay. We 13Page Town Council Meeting Minutes September 9, 2024    TOWN OF KITTY HAWK  have the money to cover this this year because of our vacancies. Iwill tell you though, next year when we, get ready to do our budget, it is goingt to drastically affect our budget, so be prepared. Does anyone Garriss: Ithink one of the big ones was fori the public was where is the money coming from and you've addressed that. This is something that should have been done a while ago and it's never been acted on. Hines: Also, for public purposes, we talked about some other policies outside of pay and this may not be the place to discuss this but four-year degrees and things to that effect, is that going to be worked on Clopton, Melody: It's one of the Chief'sgoals by December to have redone the career development  have any questions for me or Chief or Laura?  Go ahead, David.  as well per our meetings we'vel had?  plan.  Hines: Berauseldontagree with that.  Clopton, Melody: Yes, know. We've had conversations about that too and it's not done yet. Idon't  know what toi tell youi it will include but we will certainly discuss further. Hines: Ionly bring that up because we're discussing what we're doing.  Clopton, Melody: Currently, we do have a career ladder that does have certain certifications and time. We want to have meannglurequremens, things that really get you: somewhere and help the Town, Hines: I'm all about training and putting these men and women in the best positions to succeed but not Garriss: Alright Council, you have the numbers here ini front ofy you. Ithink this should have been done a  not just time in your job.  everyone went to college, that's the bottom line. Thank you.  long time ago. Hines: We need a motion. Garriss: Yes, sir.  Clopton, Melody: lapologize, Idid noti include a motion. Hines: I'm going to make a motion to approve Item 10E as presented.  Pruitt: I'lIsecond it.  Hines: I'm sorry, Ido have one more question. With this approval, when does this become effective?  Clopton, Melody: September1)beleve.  14/Page Town Council Meeting Minutes September 9, 2024    TOWN OF  KITTY HAWK  Hines: Thenldouble my motion. Pruitt: Second.  Garriss: Second by Jeff. Any further discussion? Any comments, Council?  Walker, Charlotte: I'm glad to see it. Hines: Ithink it's overdue.  Clopton, Melody: We really appreciate you all, thank you. Garriss: Let's vote on it first. Alli in favor?  All Council: Aye. Great job. Melody?  Garriss: All opposed? None. Thank you, Melody, Lilliana, Laura, Chief, and staff for working on this.  11. Reports/General Comments from Town Manager  Clopton, Melody: Yes, this week in the Finance department, we have started our fiscal year 2023-24 audit. We hope to have the final report in November, believe, so that will be coming up. I'ml happy to report that the Police Department building is on schedule. The interior demolition has been completed and plumbing rough in is ongoing now. Next week, we expect to see foundation work for the new construction portion of the project as well as the two exterior walls that we' re replacing. Just a reminder that the lifeguard stands have been removed from the beach and we're currently doing roving Ocean Rescue patrols through October 15th. In recognition of September 11h, Kitty Hawk public safety departments will be participating in two local events, A Walk to Remember, which will begin at Kill Devil Hills Fire Station and go to the Wright Brothers Monument and back. Then Kitty Hawk Baptist Church is always generous hosting a Patriot Dayl luncheon honoring first responders from all the county and municipalities, sO we're very fortunate to have that support.lwant to thank the Council for proclaiming the week of September 23rd through 29th Diaper Need Awareness Week. To support this proclamation and the Children and Youth Partnership of Dare County, Kitty Hawk Town Hall will be accepting diapers donations between now and October 6th. We need sizes 1 through 6, we will also be doing a website and social media campaign where you can go online and buy diapers and have them sent directly toi the Children and Youth Partnership. Willie wants me to remind you that on demand large items pick up with resume on September 20th. You can go online and fill out your form and theyllcome get your stuff. Fall chipping is scheduled to begin on October 14th, so there will be more information coming out about that  as well. That's it from me. Garriss: Thank you, Melody.  12. Reports/General Comments from Town Attorney  15Page Town Council Meeting Minutes September 9, 2024    TOWN OF KITTY HAWK  Garriss: Casey?  Varnell, Casey: Mayor, Ihave nothing. Garriss: Thank you, Casey.  13. Reports/General Comments from Council members  Garriss: David?  Hines: Mayor, can Igo second please? Garriss: Yes, you want us to come back to you?  Hines: Yes, sir. Garriss: Alright, Dylan? Tillett: Ihave nothing, thank you.  Garriss: Jeff?  Pruitt: Yes, Iwould like to thank. Aaron for his five years. lappreciate his service and welcome Greg to our Public Works department. I'm sure you've found you've in good hands with Willie. I'd really like to thank the entire Recreation Committee; you did a fantastic job with the presentation. I'm very impressed and Ican't wait to see it. Iwas on the Recreation Committee years ago and it was brought up and then just seemed to go away. Nowi it's back and hope to see it continue this time. Ihave nothing  else.  Garriss: Thank you. Charlotte?  Walker, Charlotte: Jeff, you must have been reading off my notes, but Iwould like to thank Aaron Nelson, and Iwould also like to thank the Recreation Committee. Iknow how hard they worked on it, and Ihave been very impressed with what they have been able to do. I'd also like to thank Melody and Chief Palkovics, you all really did do al lot of work, al lot of thought went into the police department and Garriss: Thank you, Charlotte. Recreation Committee, thank you. I'm sure you know Charlotte as your liaison has been pushing this project so it's obvious that you did a great job. Thank you, Aaron Nelson and Greg Hardin. Melody, you mentioned Kitty Hawk Baptist Church every year puts on this luncheon for first responders. It is wonderful, Pastor Steve makes a visit to each table and says a prayer with each table. I go every year and III be there this Wednesday so thank you to the churchi for doing that. David,  how to handle this and lappreciate it very much, thank you.  back to you.  16IPage Town Council Meeting Minutes September 9, 2024    TOWN OF KITTY HAWK  Hines: Iknow that we'v ve already passed the motion on the pay but just out of curiosity, first I'd like to say thank you to Officer Nelson. Imissed that; lapologize. We're not giving a pay raise of high patrol sol didn't want to push it but why don't we go $12 more to be ahead of Southern Shores? $893 to be ahead of Kill Devil Hills and Nags Head is a push at $1,848, just out of curiosity. I know it's budgetary. Clopton, Melody: Why? That's what the 6% came to and it's been my impression from Council that we don't want to bet the highest paid, we want to be somewhere int the middle as competitive. If that has  changed, Iwill be happy to change it.  Hines: I'm all about it. How does 6 and a quarter look? Clopton, Melody: I'd have to get back to my spreadsheet.  Hines: That'salllhave, thank you.  Garriss: Thank you, David. Anything else, Council? Alright, Council, lam going to make a motion to go into closed session pursuant to NC General Statute 143-318.11 Subsection 3. The Town Council will now enter closed session for the purpose of receiving legal advice from the Town Attorney to preserve the attorney/client privilege concerning a recently filed lawsuit styled Mina versus Town of Kitty Hawk. Dol  have a second? Hines: Second.  Garriss: Thank you, Council. Okay folks, we' re going to ask yout to leave as we are now in closed session, 14. Closed Session- Pursuant to N.C. Gen. Stat. 143-318.11(3), Town Council will now enter closed session fori the purposes of receiving legal advice from the Town Attorney and to preserve the attorney-client privilege concerning a recently filed lawsuit styled Mina V. Town of Kitty Hawk, et  and we will not be coming back to conduct any more business. Thank you sO much.  al.  Varnell: Council and Iwent into closed session, we did so to preserve the attorney-client privilege concerning a recently filed lawsuit that was read aloud earlier. No action taken at this time. Garriss: Thank you, Casey. Council, Iwas handed a document prior to the start of the meeting tonight by Mr.Terry Ziegler who could not be here tonight. He has a concern the first responders, particularly police officers, are in shortage to whichiresponded Iwas very aware. He has a lot of information which is not accurate and information from other departments. Ilet him know we are very aware of the matter, and we are working on something for tonight's agenda related to the police department. He said Ithink you all need to remember that next year is an election year. So, Isaid to Mr. Ziegler, "are you threatening me about whether I runi for re-election", and he said "no, sir'.Isaid point well-taken and this information is available if you'd like to look at it. Melody, Iwill let you hang on to this and make a  copy.  Clopton, Melody: Ican make copies if you'd like and send them out.  17IPage Town Council Meeting Minutes September 9, 2024    TOWN OF KITTY HAWK  Pruitt: What does he mean by there'sa an election?ldon't understand what he's asking us to do. Garriss: Ithink he is saying that people are watching to see what is being addressed. Hines: Iwill say that Idon't agree with how the information is being presented but that is what is Garriss: understand, and he's done a good job gathering information but some ofi it is not accurate.  running around town.  Melody, can you email thati information to everyone tomorrow?  Clopton, Melody: Absolutely. will make another that has accurate information.  Hines: I'm going to go on the record and say that the mayor disclosed this information to everyone.  15. Adjourn  Garriss: Thank you, David. Any further discussion? Motion to adjourn?  Hines: So, moved. Garriss: Second? Walker, Charlotte: Second. Garriss: We are adjourned, thank you. Adjourned at 7:24 pm.  The Minutes of the September 9, 2024, Kitty Hawk Town Council Meeting are approved at the  October 7, 2024, Kitty Hawk Town Council Meeting.  D.C Craig Garriss, Mayor  Lauren Garrett, Clerk  18Page Town Council Meeting Minutes September 9, 2024    Gu  AGENDA ITEM # Consent  DATE: Tuesday, October 7, 2024 SUBMITTED BY: Finance Director  SUBJECT: Budget. tAmendment #3 General Fund  REF: FY2024-2025  BACKGROUND:  The Police Department received a donation of $100 that will be used for supplies.  DISCUSSION:  RECOMMENDED MOTION: Consent Agenda Item    Town of Kitty Hawk-General Fund Budget Amendment Number: #3(FY2024-2025)  INCREASE Description  DECREASE  Account Number REVENUES 10-4310-3434-0000 General Donations-Police EXPENDITURES 10-4310-5310-0000 Supplies  Amount Account Number Description  Amount  $100 $100  TOTAL  TOTAL  $  Explanation: Tor recognize the donation to the Police by Robert L Burges.  Reçpmmended by: aueo Lodes Liliana Noble- Finance Director  Approved in the consent agenda October 7, 2024    Ga  AGENDA ITEM # Consent  DATE: Tuesday, October 7, 2024 SUBMITTED BY: Finance Director  SUBJECT: Budget Amendment #3 General Fund  REF: FY 2024-2025  BACKGROUND:  The Police Department received a donation of$100 that will be used for supplies.  DISCUSSION:  RECOMMENDED MOTION: Consent Agenda Item    Town of Kitty Hawk-General Fund Budget Amendment Number: #3(FY 2024-2025)  INCREASE Description  DECREASE  Account Number REVENUES 10-4310-3434-0000 General Donations-Police EXPENDITURES 10-4310-5310-0000 Supplies  Amount Account Number Description  Amount  $100 $100  TOTAL  TOTAL  Explanation: Torecognize the donation to the Police by Robert L Burges.  Repommended by: Hkiio Lobet Liliana Noble- Finance Director  Approved in the consent agenda October 7, 2024    (b  AGENDA ITEM # Consent  DATE: Monday, October 7, 2024 SUBMITTED BY: Finance Director SUBJECT: Budget Amendment #4 REF: Encumbrances: from FY 2023-2024  BACKGROUND:  Budget amendment for the Open Purchase Orders from the previous fiscal year. These are open POs for purchases or services that were contracted at June 30, They are re-entered in the current FY 2024-2025 because they will be paid from  DISCUSSION:  2024, but not completely delivered on that date.  the current fiscal year budget. RECOMMENDED MOTION: Consent Agenda Item    Town of Kitty Hawk- General Fund 10 Budget Amendment Number# 4( (FY2024-2025  ENCUMBRANCES  INCREASE Description FUND 10- GENERAL FUND  DECREASE  Account Number REVENUES  Amount count Nur Description  10.000.3991.000Fund Balance Appropriation EXPENDITURES Outstanding 10431085400000Capta Outlay Vehicles 104310.5540000Capha Outlay Vehicles 10-4270-5295-0000/Maintenance & Repairs Building /Grounds 104270.50000Caplat Outlay Equipment 1042705440000Semvce and Maintenance Contracts 104310-550000Capla Outlay- Equipment for Vehicles 10494065400000Capta1 Outlay- Vehicles 0408/.000Emeyengy Management Program 10410PsgiccoTewplone & Communications  $279,680 $47,582 $47,582 $36,182 $29,314 $24,000 $33,048 $45,633 $3,840 $12,500 $279,680  Partially Received  TOTAL ENCUMBRANCES FROM FY 2023-2024  TOTAL  TOTAL  Explanation: Encumbrances /Openpurchase orders as of June 30, 2024  These are purchases or services that have been contracted for at. June 30, 2024 but have not been Received at June 30, 2024 They are re-entered inn the new fiscal year because the payment isp posted in  the current FY 2024-2025 Recommended by: HKuolob Liliana Noble- Finance Director  Approved in the consent agenda October 7, 2024    (b  AGENDA ITEM # Consent  DATE: Monday, October 7, 2024 SUBMITTED BY: Finance Director SUBJECT: Budget Amendment #4 REF: Encumbrances: from FY 2023-2024  BACKGROUND:  Budget amendment for the Open Purchase Orders from the previous fiscal year. These are open POs for purchases or services that were contracted at June 30, They are re-entered in the current FY 2024-2025 because they will be paid from  DISCUSSION:  2024, but not completely delivered on that date.  the current fiscal year budget. RECOMMENDED MOTION: Consent Agenda Item    Town of Kitty Hawk- General Fund 10 Budget Amendment Number# 4 (FY 2024-2025) ENCUMBRANCES  INCREASE Description FUND 10- GENERAL FUND  DECREASE  Account Number REVENUES  Amount count Nur Description  10.0003991.000Fund Balance Appropriation EXPENDITURES Outstanding 1043106400Q00Capta Outlay Vehicles 10431085400000Capta Outlay Vehicles 10-4270-5295-0000Maintenance & Repairs Building /Grounds 104270.90000apta Outlay- Equipment 1042705440000Semvce and Maintenance Contracts 104310.0.0000apta Outlay- Equipment for Vehicles 0434055400000Capta Outlay Vehicles 0054/.000Emegemgy Management Program 10-4100-5321-0000, Telephone & Communications  $279,680 $47,582 $47,582 $36,182 $29,314 $24,000 $33,048 $45,633 $3,840 $12,500 $279,680  Partially Received  TOTAL ENCUMBRANCES FROM FY 2023-2024  TOTAL  TOTAL  Explanation: Encumbrances /Open purchase orders as of. June 30, 2024  These arep purchases or services that have been contracted for at June 30, 2024 but have not been Received at June 30, 2024 They are re-entered inn the new fiscal year because the payment isposted in  the current FY 2024-2025 Recommended by: Hhiulobe Lihana Noble- Finance Director  Approved in the consent agenda October 7, 2024    (c  AGENDA ITEM # Consent  DATE: Monday, October 7, 2024 SUBMITTED BY: Finance Director  SUBJECT: FY2024-2024 Budget Amendment #5 REF: Fund 30 Beach Nourishment Project - CLOSING  Transfer the remaining balance to the Capital Reserve Beach Nourishment  $471,900  BACKGROUND:  The 2022-2023 Beach Nourishment Project design focused on re-establishing the initial design template and placing advanced fill to account for background erosion and diffusion losses. The final pay volume was $758,088 cy and was limited to the volume ofs sand placed above the BD survey and within the tolerances oft the construction template for which the contractor was eligible to be paid. The final As-Built volume was 871,400 cy and represents the positive volume change InF FY 2020-2021, The town transferred funds from the Capital Reserve Beach Nourishment to start the preliminary engineer designs. Those funds are now returning  measured by comparing surveys.  to the reserve fund. DISCUSSION:  RECOMMENDED MOTION: Consent Agenda Item    Town of Kitty Hawk  Beach Nourishment Fund and Capital Reserve Fund Budget Amendment Number #5 (FY/2024-2025)  INCREASE Amount  Account Number  Description CAPITAL PROJECT FUND BEACH NOURISHMENT (30)  Capital Project Fund Revenues Capital Project Fund Expenses  TOTAL  $0  CAPITAL RESERVE FUND (21) Transfer in from Beach Nourishment Fund  Capital Reserve Fund Revenues 21-0000-3930-0000 Capital Project Fund Expenses 21-4100-5592-0000  $471,900 $471,900 $471,900  (close out)  Reserve for Future Capital  TOTAL  Explanation: The Beach Nourishment project is completed. The funds that were transferred from the BN capital reserve fund in FY 2020-2021 to start the preliminary Engineer designs is now back  to the Reserve fund Recommended by:  hluokobek Liliana Noble - Finance Director  Approved in the consent agenda October 7, 2024    KCL  TOWN 1981 HA  Post Office Box 549 101 Veterans Memorial Drive Kitty Hawk, NC 27949  Phone (252)261-3552 Fax (252)261-7900 MOPWAIOMTONMIVTAMEOR  MEMORANDUM  TO:  Mayor Garriss and Members of the' Town Council  FROM: Rob Testerman, AICP, CFM, CZO, Director of Planning & Inspections  DATE: October 7,2024  RE:  Text Amendment: 42-360.- Sound waters district  Note: A zoning text amendment decision is a legislative decision. Thej purpose of thel hearing is to solicit public comment and opinion on the matter. Council may use public opinion to weigh options  and use judgement to determine what is in the best interest of the Town.  Proposal  42-360.- Sound Waters district with the following requirements: the facility and use;  (b). Permitted uses. The following uses shall be permitted by right:  (3)) Private, community or commercial piers and boat slips, subject to continuing compliance  a.That all appropriate governmental and regulatory agency permits have been issued for b.The land activities oft the marine use must be an authorized use within the zoning district where the land activities associated with the marine use will be conducted; C.A site plan of the land and water areas to be utilized for the use or uses depicting the location ofall proposed and existing improvements must bei reviewed and approved by the town. The site plan must conform with the general site plan standards ofthis chapter d.The maximum length of all marine improvements, including the pier or docking facility in its entirety, shall be measured from the furthest waterward point oft the normal high water mark of the bay or sound adjoining the property. The marine improvements can be placed in any location within the property and extend out to the established distance.  together with the additional standards of this section.  Type of Pier/Docking Facility Private residential pier/docking facility Community pier/docking facility Commercial pier/docking facility  Maximum Length 400 feet 400 feet 400 feet  Itist the intent ofthis subsection to encourage all marine improvements to be located in e.Light fixtures and lighting. Private and community piers, and commercial piers on Kitty Hawk Bay as well as boat slips used with the piers shall have and maintain lights or reflectors to warn watercraft operators of the length and location ofthe pier and boat  areas that minimize their impact on the coastal marshes.    Text Amendment: 42-360.- Sound waters district  October 7,2024 Page2  slips. A minimum length of15 feet shall be maintained between lights or reflectors along the sides oft the pier and not more than two lights shall be located at either end oft the pier. Except as provided in this subsection, lights shall not be attached to or on the pier or boat fDevices used to create noise or amplified sound shall not be attached to or used on the g. Group social or party activities shall be prohibited on the pier between the hours of 1. Community piers shall be used by the property owners in the multifamily project or subdivision, their guests, or vacation tenants during the rental period oft their lease, and j.No transit boats shall be left at a community pier for more than 48 consecutive hours. k. A boat dock locker may be located at each boat slip, provided the locker does not  slips. pier.  8:00 p.m. in the evening through and including 8:00 a.m.  h. Covered boat slips are prohibited.  community and private piers shall not be open to the general public. exceed two feet in height measured from the pier deck. 1.No fuel dispensing facility shall be located on a pier. m. Hunting and igniting fireworks shall be prohibited from the pier.  n. The owner ofthe pier shall place into effect and maintain casualty insurance in an amount equal to 80 percent oft the replacement cost ofthe pier with evidence thereof 0. The pier and boat slips must be maintained in a good and safe condition at all times. p. Damage from storms or other casualties must be repaired within six months ofthe occurrence of the damage. Abandoned piers or piers damaged to the extent of50 percent or more ofits fair market value and which have been unrepaired for aj period ofnine consecutive months, may be removed by the town and the cost ofremoval charged to and  furnished to the town upon request.  assessed against the property owners or their association. q.There shall be only one pier per parcel or lot.  (c)Special uses.  Q---y---"twww -Thataltappreprategevermenta-ane-regelatery-ageney-perRiS-avebeRn-ssued-erthe -PhelandaeivtiesesefhemsinesemNsezeningdisiicewhere e-A-sHeplanefthe-amdaméwaterarastebewtladerdertheuseruserdepeelingthelecation ofal-prepesed-andewistingimprevementsaS-bebereviewedandepprovet-by-thettow-Thesite PlaP-RESeeRFeFR-thegenere'sHepansiandartseftisehapleriegether-wi-the The-maXRUR-engHeFAHmaine-mprevements,inehdingthepiererdeeking-acHity-R-S entirely,shallbemeasured-rem-te-furthes-waterwardpeintefthemerma-hgh-watermarkef thebay-erseund-ajeiningtheprepropery-Themanimeimprevementsanbeplaeediim-any-leeation  Withthelelewingrequrements: faeility-and-use;  the-land-aetivitiesassesialedwithtaemereURE;  adéitiemal-standards-efthissectien:  lhntheprepetyaméeRHP-eNiabihedisianee.  ype-efPier-Deeking-Paeiity Pevateresidentialpiereekimgaely  Maximum-Length 100feet    Text Amendment: 42-360.- Sound waters district  October 7,2024 Page 3  Cmayaty Cp,  200feet 200feet  tis-theintentofthissabseetenteeneeurageal-marineimprevementste-beleeated-P-areas-that e-Light-fiktures-an-ighting-PAvateandeemeniy-piers,andcemmerela-piesers-en-Kitty-Haws Bayas-wel-as-beats-ps-usedwiththepiersshal-haveanmainteinligaiserrehecters-te-warn waiererafeperaterseflhelemglhamndiesatiemoflhepieremdbestaip--minimem-lengthef S-feetshal-be-meminteinebelweenlighserrellecterselengthesideseFthepierand-motmore han-twe-lights-shal-beleeatet-alendeftnefthepet-Exeptasprevided-m-n, Devices-used-tede-ereate-meiseerseerampified-seundshaH-ReEbeataehed-e-erused-Om-thepier. -Greup-seesarerparyaetvles-shalbeprehbietontmepererbehwveen-tmenourVP-: CePRuRypersshalessebytmeprepettyewnewmets-ntne-meiamty-preyecter swbdivisienytheirgwests,oryacationtortemantsduringtaeremta-pendoftheirlease,and Ne-transit-beats-shlbelefatscemmaniypieriermerethan4Scenseeutive-heurs: k-A-beat-deekleeker-may-beleeaatedateachbeatshp-previdedtheleekerdeesmees-notexeed-we  minimizetheirimpacten-the-astal-marshes:  ghtsshal-motbeataeataehsperentiepierorbeatshps. eevemngtroughane-malmgpw.am: Cevered-beatsipsareprehbie:  CORRaRiy-andprvalepiershal-ntbeepente-thegemeral-pube.  ehehRefemthepierdek, Ne-fue-dispensingiaelityshalseleeatedempier: -Huntingand-gnitimglreeksshal-beprehbiesa-rem-tmepier.  The-ewmerofthepiershal-placeinte-etlectand-maintaim-easeasualy/-insurance"-AP-AmeuRt eaesepesemielherefherhsmiefhepewedmriaehoffamihadole -Phepieramdbostatp-mshemananansdinegadaiskaiesomditiemstalime. Damage-frem-stemmserethereasualies-RNS-bebereparewihseFthe-eceurremee Flhe-damage-Abandemaepieserpiewsdamegadtoetheewtemiofsepesemkeentermereefits-air market-value-and-whchhavebeeumrepaired-ereperiodefminecenseutive-mnths,maybe remevet-by-thetewPamAheceseFremevarehargedieteamé-sesRtagainstthepreperty  towaupon-request:  wpepertherasedatien  -Phere-shalbeenly-emeplerperpareeteriet:  Background & Analysis  The proposed amendments to 42-360 would has two components. First, it reclassifies piers and docking facilities from a special use to aj permitted use. A special use permit requires an evidentiary based hearing, and is a quasi-judicial decision to be made by Town Council. In practice, staffi is unaware ofany piers that have gone through the process ofa special use permit hearing. As such, staffrecommends making this aj permitted use, with the same conditions of approval to be applied. Similar to a single-family residence is a permitted use: ini residential districts, but it is conditioned on the site plan meeting setback, lot coverage and height requirements. This reclassification would make this an administrative decision, where as long as  the conditions above are met, the owner is entitled to approval.    Text Amendment: 42-360.- Sound waters district  October 7,2024 Page4  The second part oft the proposal changes the maximum pier/docking facility length. Ini recent months, the Board of Adjustment has approved one variance for a 300' pier, had a second application for a pier exceeding 100', and staffh has had discussions with at least 3 other property owners who are considering such an application. The reason being, it appears that in many cases on our sound front properties, a 100' long pier does not get you into deep enough water to launch aboat. It is staff's opinion that if the Town is routinely hearing requests and granting variances for the same issue, the ordinance should be brought in line with the patterns of the variance The proposed length of 400' was selected based on CAMA regulations. For private piers and community piers CAMA can issue a general permit for piers upi to 400' in length. However, to receive a general permit for aj pier longer than 200' the applicant must demonstrate that for every additional 100' in length, 1' ofwater depth is gained. CAMA does allow piers longer than 400' ifal Major permit is obtained. Commercial piers also require a Major permit, regardless of As proposed, should a property owner require aj pier longer than 400' they would have to go All other requirements for piers/docking facilities are proposed to remain as they are currently The goals and policies listed in the CAMA Land Use Plan are silent on this matter. Ati its August 15,2024 meeting, the Planning Board unanimously recommended approval ofthe  request.  length.  through the variance application procedure.  written.  Planning Board Recommendation proposed amendment.  Town Council Recommended Action tabling oft the proposed text amendment.  Action by the Town Council may include approval, denial, approval with modifications or Ifapproval of the proposed text amendment is sought, then the following motion can be used: "I move to approve the proposed text amendments to Sec. 42-360. Town Council has found Should Council wish tod deny the proposed text amendment to Sec 42-1, the following motion "I move to deny the proposed text amendment to Sec 42-360. Town Council finds that this proposal is inconsistent with the Town's adopted land use plan, [insert any additional  this proposal to be consistent with the Town'sa adopted land use plan."  could be used:  justification for denial)."    Text Amendment: 42-360.- Sound waters district  October 7, 2024 Page5  Measurement a a E Feet(US) 1  MeasurementR Resuh 236.9 Feet (US) Clear  Measurement a B B Feet(US)"  mResuk 200.6Feet (US)    Text Amendment: 42-360.- Sound waters district  October7,2024 Page6  Measurement a  Feet(US)  399.6 Feet (US) Clear  Measurement B  E Feer(U5)  399.6 Feet (US) Clear    58 NCAC 07h.0208  (F) Marina basins shall be designed to promote flushing through the following design  criteria: ()  the basin and channel depths shall gradually increase toward open water and shall never be deeper than the waters to which they connect; and (ii) when possible, an opening shall be provided at opposite ends of the basin to (G) Marinas shall be designed so that the capability of the waters to be used for navigation or for other public trust rights in estuarine or public trust waters are not jeopardized while (H) Marinas shall be located and constructed so as to avoid impacts on navigation throughout all federally maintained channels and their boundaries as designated by the US Army Corps of Engineers. This includes permanent or temporary mooring sites; speed or traffic reductions; or any other device, either physical or regulatory, that may cause a federally (I) Open water marinas shall not be enclosed within breakwaters that preclude circulation sufficient to maintain water quality as determined by the Division of Water Resources. () Marina design shall comply with all applicable EMC requirements 15A NCAC 02B .0200 for management of stormwater runoff. Stormwater management systems shall not be located within the: 30-foot buffer area outlined in 15A NCAC 07H .0209(d); (K) Marinas shall post a notice prohibiting the discharge of any waste from boat toilets and (L) Boat maintenance areas shall be designed so that all scraping, sandblasting, and painting will be done over dry land with collection and containment devices that prevent entry of (M) All applications for marinas shall be reviewed by the Division of Coastal Management to consider the cumulative impacts of marina development in accordance with G.S. 113A- (N) Replacement of existing marinas to maintain previous service levels shall be allowed provided that the development complies with the standards for marina development (A) Piers shall not exceed six feet in width. Piers greater than six feet in width shall be permitted only if the greater width is necessary for safe use, to improve public access or (B) The total square footage of docks, platforms, and mooring facilities (excluding the pier) allowed shall be eight square feet per linear foot of shoreline with a maximum of 2,000 square feet to limit shading impacts to the substrate. In calculating the total square footage, unçovered open water slips shall not be counted in the total. Projects requiring dimensions greater than those stated in this Rule shall be permitted only if the greater dimensions are necessary for safe use, to improve public access, or to support a water dependent use that cannot otherwise occur. Size restrictions shall not apply to marinas; (C) Piers and docking facilities over coastal wetlands shall be no wider than six feet and shall be elevated at least three feet above any coastal wetland substrate as measured from the (D) Al boathouse shall not exceed 400 square feet except to accommodate a documented need, provided to the Division of Coastal Management by the applicant for a larger boathouse and shall have sides extending no farther than one-half the height of the walls as measured from the Normal Water Level or Normal High Water to the bottom edge of the roofline, and covering only the top half of the walls. Measurements of square footage shall be taken of the greatest exterior dimensions. Boathouses shall not be allowed on lots with less than 75 linear feet of shoreline, except that structural boat covers utilizing a frame-supported fabric covering may be permitted on properties with less than 75 linear feet of shoreline when using screened fabric for side walls. Size restrictions do not apply (E) The total area enclosed by an individual boat lift shall not exceed 400 square feet except  establish flow-through circulation; allowing the applicant access to deep waters;  maintained channel to be restricted;  listing the availability of local pump-out services; waste materials into adjacent waters;  120(a)(10); and within this Section.  (6) Piersand Docking Facilities.  to support a water dependent use that cannot otherwise occur;  bottom of the decking;  to marinas;  to accommodate a documented need for al larger boat lif;    (F) Piers and docking facilities shall be single story. They may be roofed but shall not be  designed to allow second story use; (G) Pier and docking facility length shall be limited by:  () not extending into the channel portion of the water body; and (ii) not extending more than one-fourth the width ofa natural water body, or human- made canal or basin. Measurements to determine widths of the water body, canals, or basins shall be made from the waterward edge of any coastal wetland vegetation that borders the water body. The one-fourth length limitation does not apply in areas where the U.S. Army Corps of Engineers, or al local government in consultation with the Corps of Engineers, has established an official pier-head line. The one-fourth length limitation shall not apply when the proposed pier is located between longer piers or docking facilities within 200 feet of the (in). Notwithstanding Subparts (i) and (ii) of this Part, the proposed pier or docking facility shall not be longer than the pier head line established by the piers or docking facilities along the same contiguous shoreline having the same land use, nor longer than one-third the width of the water body. This restriction does not apply to piers 100 feet or less in length unless necessary to avoid unreasonable interference with navigation or other uses oft the waters by the public. (H) Piers or docking facilities longer than 400 feet shall be permitted only if the proposed length gives access to deeper water at a rate ofa at least 1 foot for each 100 foot increment of length longer than 400 feet, or, if the additional length is necessary to span some obstruction to navigation. Measurements to determine lengths shall be made from the waterward edge of any coastal wetland vegetation that borders the water body; (I) Piers and docking facilities shall not interfere with the açcess to any riparian property and shall have a minimum setback of 15 feet between any part of the pier or docking facility and the adjacent property owner's areas ofr riparian access. The line of division of areas of riparian access shall be established by drawing al line along the channel or deep water in front of the properties, then drawing al line perpendicular to the line of the channel so that iti intersects with the shore at the point the upland property line meets the water's edge. The minimum setback provided in the rule may be waived by the written agreement of the adjacent riparian owner(s) or when two adjoining riparian owners are co-applicants. If the adjacent property is sold before construction of the pier or docking facility commences, the applicant shall obtain a written agreement with the new owner waiving the minimum setback and submit it to the permitting agency prior to initiating any development of the pier. Application of this Rule may be aided by reference to the approved diagram in 15A NCAC 07H.1205(t) illustrating the rule as applied to various shoreline configurations. When shoreline configuration is such that a perpendicular alignment cannot be achieved, the pier shall be aligned to meet the intent oft this Rule to the maximum extent practiçable as determined by the Director of the Division of Coastal (J) Applicants for authorization to construct a pier or docking facility shall provide notice of the permit application to the owner ofany part ofa shellfish franchise or lease over which the proposed dock or pier would extend. The applicant shall allow the lease holder the opportunity to mark a navigation route from the pier to the edge of the lease. (A) Bulkhead alignment, for the purpose of shoreline stabilization, shall approximate the (B) Bulkheads shall be constructed landward of coastal wetlands in order to avoid significant (C) Bulkhead backfill material shall be obtained from an upland source approved by the Division of Coastal Management pursuant to this Section, or ift the bulkhead isaj part ofa permitted project involving excavation from a non-upland source, the material so (D) Bulkheads shall be permitted below normal high water or normal water level only when  applicantsproperty.  Management; and  (7)  Bulkheads  location of normal high water or normal water level; adverse impacts to coastal resources;  obtained may be contained behind the bulkhead; the following standards are met:    15A NÇAC 07H.1205 SPECIFIC CONDITIONS high water line or the normal water level, whichever is applicable.  (a) Piers and docking facilities may extend or be located up to a maximum of 400 feet waterward from the normal (b) Piers and docking facilities shall not extend beyond the established pier length. along the same shoreline for similar use. This restriction shall not apply to piers and docking facilities 100 feet or less in length unless necessary to avoid interference with navigation or other uses of the waters by the public such as blocking established navigation routes or interfering with access to adjoining properties as determined by the Division of Coastal Management. The length of piers and docking facilities shall be measured from the waterward edge of any wetlands (C) Piers and docking facilities longer than 200 feet shall be permitted only if the proposed length gives açcess to deeper water at a rate of at least one foot at each 100 foot increment of pier length longer than 200 feet, or if the additional length is necessary to span some obstruction to navigation. Measurements to determine pier and docking facility lengths shall be made from the waterward edge of any coastal wetland vegetation that borders the water (d) Piers shall be no wider than six feet and shall be elevated at least three feet above any coastal wetland substrate (e) The total square footage ofs shaded impact for docks and mooring facilities (excluding the pier) allowed shall be 8square feet per linear foot of shoreline with a maximum of 800 square feet. In calculating the shaded impact, (f) The maximum size of any individual component of the docking façility authorized by this general permit shall (g) Docking façilities shall notl be constructed in a designated Primary Nursery Area with less than two: feet of water at normal low water level or normal water level under the general permit set forth in this Section without prior (h) Piers and docking facilities located over shellfish beds or submerged aquatic vegetation as defined by the Marine Fisheries Commission may be constructed without prior consultation from the Division ofl Marine Fisheries (1) Water depth at the docking facility location is equal to or greater than two feet of water at normal (2) The pier and docking facility is located to minimize the area of submerged aquatic vegetation or shellfish beds under the structure as determined by the Division of Coastal Management. () Floating piers and floating docking facilities located in Primary Nursery Areas, over shellfish beds, or over submerged aquatic vegetation shall be allowed if the water depth between the bottom of the proposed structure and G) Docking facilities shall have no more than six feet of any horizontal dimension extending over coastal wetlands and shall be elevated at least three feet above any coastal wetland substrate as measured from the bottom of the (k) The width requirements established in Paragraph (d) of this Rule shall not apply to pier structures in existence on or before. July 1, 2001 when structural modifications are needed to prevent or minimize storm damage. In these cases, pilings and cross bracing may be used to provide structural support as long as they do not extend more than two feet on either side of the principal structure. These modifications shall not be used to expand the floor decking (I) Boathouses shall not exceed a combined total of 400 square feet and shall have sides extending no further than one-half the height of the walls as measured in a downward direction from the top wall plate orl header to the Normal Water Level or Normal High Water and only covering the top half of the walls. Measurements of square footage shall be taken of the greatest exterior dimensions. Boathouses shall not bc allowed on lots with less than 75 linear feet of shoreline. Structural boat covers, utilizing frame-supported fabric covering, can be permitted on properties (n) Piers and docking facilities shall be singles story. They may be roofed but shall not allow second story use. (o) Pier and docking facility alignments along federally maintained channels shall also meet Corps of Engineers regulations for construction pursuant to Section 10 of the! Rivers and Harbors Act of1899(33 U.S.C. 403). (p) Piers and docking facilities shall in no case extend more than 1/4 the width of a natural water body, human- made canal, or basin. Measurements to determine widths of the water body, human-made canals, or basins shall be made from the waterward edge of any coastal wetland vegetation which borders the water body. The 1/4 length limitation shall not apply when the proposed pier and docking facility is located between longer structures within  that border the water body.  body.  as measured from the bottom of the decking.  uncovered open water slips shall not be counted in the total.  not exceed 400 square feet.  approval from the Division ofMarine Fisheries or the Wildlife Resources Commission. or the Wildlife Resources Commission ifthe following two conditions are met:  low water level or normal water level; and  the substrate is at least 18 inches at normal low water level or normal water level.  decking.  ofplatforms and piers.  with less than 75 linear feet of shoreline when using screened fabric for side walls. (m) The area enclosed by al boat lift shall not exceed 400 square feet.    200 feet of the applicant's property. However, the proposed pier and docking facility shall not be longer than thej pier head line established byt the adjacent piers and docking facilities or longer than 1/3 the width of the water body. (@) Piers and docking facilities shall not interfere with the access to any riparian property, and shall have a minimum setback of 15 feet between any part of the pier and docking facility and the adjacent property lines extended into the water at the points that they intersect the shoreline. The minimum setbacks provided in this Paragraph may be waived by the written agreement oft the adjacent riparian owner(s), or when two adjoining riparian owners are co-applicants. Should the adjacent property be sold before construction of the pier commences, the applicant shall obtain a written agreement with the new owner waiving the minimum setback and submit it to the Division of Coastal Management prior to initiating any development of the pier or docking facility. The line of division of areas of riparian access shall be established by drawing a line along the channel or deep water in front of the property, then drawing al line perpendicular to the line of the channel so that it intersects with the shore at the point the upland property line meets the water's edge. Application of this Rule may be aided by reference to the diagram in Paragraph (t) of this Rule illustrating the Rule as applied to various shoreline configurations. Copies of the diagram may be obtained from the Division of Coastal Management website at htp.www.neostalmamagementnetWhen shoreline configuration is such that a perpendicular alignment cannot be achieved, the pier or docking facility shall be aligned to meet the intent of this Rule to the maximum extent (r) Piers and docking facilities shall provide docking space for no more than two boats, as defined in 15A NCAC 07M .0602(a), except when stored on a platform that has already been accounted for within the shading impacts condition of this general permit. Boats stored on floating or fixed platforms shall not count as docking spaces. (s) Applicants for authorization to construct aj pier or docking facility shall provide notice of the permit application to the owner of any part of a shellfish franchise or lease over which the proposed pier or docking facility would extend. The applicant shall allow the lease holder the opportunity to mark a navigation route from the pier to the  practicable.  edge of thel lease.  () The diagram shown below illustrates various shoreline configurations:    Ga  TOWN 81  Post Office Box 549 101 Veterans Memorial Drive Kitty Hawk, NC 27949  Phone (252)261-3552 (252)261-7900 MOPAIOMTONKIDTAMEOTO  Fax  MEMORANDUM  TO:  Mayor Garriss and Members of the' Town Council  FROM: Rob Testerman, AICP, CFM, CZO, Director of Planning & Inspections  DATE: October 7, 2024  RE:  Text Amendment: 42-504.- Yards generally  Note: A zoning text amendment decision is a legislative decision. Thej purpose oft the hearing is to solicit public comment and opinion on the matter. Council may use public opinion to weigh options Accessory structure means ai non-habitable building on the same lot, but detached from the principal building, for which the use is incidental and subordinate to the principal use. In residential districts, accessory buildings may be detached garages, workshops, storage sheds, hobby-type greenhouses or similar minor buildings (roofed structures). Shipping containers shall  and use. judgement to determine what is in the best interest ofthe Town.  Sec. 42-1.- Definitions  not be used as accessory structures. Sec. 42-504.- Yards generally.  (k) For residential uses, accessory structures as defined in Sec. 42-1, not exceeding 144 sq. ft.in area and not exceeding 15 feet in height, must meet front yard building setbacks, but can encroach as close as five feet to side and rear property lines. On corner lots or double-frontage lots, accessory structures must meet the principal structure setback on the street side/rear yard. Accessory structures exceeding 144 sq. ft. in area and not exceeding 15 feet inl height must meet  the principal structure setback requirements.  Background & Analysis  The proposed amendment to 42-1 defines accessory structures. Note that this definition is separate from and does not include accessory dwelling unit. An accessory structure refers to The proposed amendment to Sec. 42-504 adds subsection (k) that would create an exception to the side and rear setback requirements for accessory structures ofa certain size. As proposed, accessory structures not exceeding 144 sq. ft. and 15' in height would be permitted to encroach Currently, any structure taller than 30 inches from grade must meet the same setbacks that are: in place for the primary structure (minimum of 10' side setbacks, 25' front and rear). The requirement to place a storage shed, or a greenhouse, etc. 25' away from the rear property line can create a disjointed backyard for the property owner, whereas allowing these small,  structures not intended for habitation on a parcel.  as close as 5' to the rear and side property lines.    Text Amendment: Accessory structures; setbacks  October 7,2024 Page 2  uninhabitable structures to encroach as close as 5' to the side and rear property lines will allow the property owner greater freedom in their yard design, as well as allow for al larger Accessory structures that are larger than 144 sq. ft. and/or 15' in height would continue to be permitted, however accessory structures exceeding these size thresholds would still be required to maintain the primary structure setback standards. The language also indicates that accessory structures on corner lots or double-frontage lots would bei required to meet the primary structure setback line from the street (10' side setback on corner lots, 25' rear setback on double-frontage  unintermptealcontguous yard.  lots).  The goals and policies listed in the CAMA Land Use Plan are silent on this specific matter. Staff has attached sections of several surveys around town with a hypothetical 12'x12' accessory structure sketched into a far corner ofe each lot to show how current requirements impact placement and yards VS. where a 12'x12' accessory structure could be located under the  Attachment  proposed language  Planning Board Recommendation the proposed text amendment. Town Council Recommended Motion  Ati its September 19, 2024 meeting, the Planning Board unanimously recommended approval of  "Imove to set a public hearing at the Town Council meeting on November 4, 2024 to  consider the proposed text amendment to Sec 42-1 and 42-504."    PED)  108.05  PELD)  SUA1051W--  108.05  47051W- S PROPOSED NEW SEPTC AREA S  (524 - BLOCK. WALK 23:6' 11.5 EXISTING 17s-F-D 9PILNGS 312x38 XARTALLY CHMNEY ENCLOSED CANT. 215.7 DECK o 18.0' 15.0 11.5  (524) MBL  PROPOSED DECKS & STEPS!  San PROPOSED NEW SEPTIC AREA S  6 Z  PROPOSED DECKS & STEPS  BLOCK. WALK 23.:6' 11.5 EXISTING S- F-D PILINGS 32x3.8 PARTIALLY CHIMNEY NPLOSED CANT. 51.7 DECK 9 18.0 15.0. 11.5 &  0.7 25' MBL TYPICAL PARKING SPACE 9.5'X18' 107.56'  10.7 25 MBL TYPICAL PARKING SPACE 9.5'x18' 107.56'  N  N11'08'00"E  oont  N11'08'00"E  wonn*  PROPOSED  CURRENT  NIVIDUUW IUU.JU Lot464  N19'1500"W 100.00' Lot 464   Deck Decke Deck 31.5" Two Story Frame 2.1" House  m Dock Decks Dock 31.5 Two! Story Frame House 2.1"  40.5' Porch  Perch  sand/clay driveway    -  03 LOT 10  103.95 LOT 10.   PAVERS- 17 /658a RETANNG.WAL  Aossbintoa w aas A5  CURRENT 59-33' 05"  PAOPOSED N 59' 33' 05"  80.  80.00  LOT 6 10,000.00 Sq.FL 0.23AC  LOT 6 1q,00000 Sq.FL a.23 AC.  CONCRETE POOL  CONCRETE POCL  Iz0BSL  l20 MBSL  80.00'  59 33" 05" W  80.00'  $59. 33'05"W    N4YZD 1ZW  119.94'  Kx* REBAR FLUSH  WOOD FENCE OVER PA BY 0.6' 25MBL  "SEPTIC AREA"  00  5  16.0  WOOD FENCE  CURRENT  25'MBL 10 UTLTY EASEMENT  119.93'  (FIELD)-- S301510'E  N29'26'12"w  119.94'  EX* FLUSH REBAR  WOOD FENCE OVER PA BY 0.6' 25MBL  "SEPTIC AREA"  DER DECK 10.0  (5)  16.  PROPOSED  EXSTING PART. DCL.  WOOD FENCE  25 MBI 10' UTUTY EASEMENT S3015'10'E  119.93'  (FIELD)-    N29'26'12"w  125.73'  W  Q). .26.0' 1-S-F-0 ON PILINGS  48. AR  CURRENT  CANT  22.0 STORY ADDITION 22.0' CONCRETE DRIVE  34.6  IVE  125,71  $3019'59'E  125.73'  N29'26'12"w  w  20 2) 26.0 EINOS  PINCE  o  PADPOSED  CANT  NEW _STORY a ADDITION % 22.0' PORCH CONCRETE DRIVE  39 PORCH CONCRETE DRIVE  34.6'  59  S30'19'59"E*  125/71    loa  AGENDA ITEM: # Consent  DATE: Monday, October 7, 2024 SUBMITTED BY: Finance Director SUBJECT: FINANCIAL STATEMENTS REF: -Financial Statements as of September 30, 2024  BACKGROUND: Quarter of the year.  The financial statements provide a comprehensive overview of the Town's first  The finance director will make a short presentation. Financial Statements General Fund -10  Fund 21- Capital Reserve*** FY 2023-2024 Interest allocation Financial Statement Beach Nourishment Capital Project Fund-30 Project is completed. The fund will be closed, and the remaining balance will be transferred to the Capital reserve fund for BN. Financial Statement 5200 N Croatan Hwy Project Fund- 41  DISCUSSION:  RECOMMENDED MOTION: Consent Agenda Item    TOWN OF KITTY HAWK STATEMENT OF REVENUES FUND 10- GENERAL FUND as of September 30, 2024  AMENDED YRTODATE AMOUNT  %  REVENUE SOURCE TAXES-PROPERTY  BUDGET 3,890,205 513,801 552,521 15,000 6,000 208,473 27,534 11,136 5,224,670 1,955,670 234,330 480,000 2,217,697 16,000 14,800 426,800 71,200 3,900 25,600 2,900 86,000 5,534,897 175,000 1,265 2,585 15,000 100 100 10,000 204,050 1,000 131,724 3,000 24,000 186,148 345,872 1,500 1,500 500 3,500  as 09/2024 OVER/UNDER COLLECTED  Ad Valorem Tax ($.0265) Ad' Valorem ($.035)BN Ad Valorem ($.10) MSD Ad Valorem Prior Year Motor Vehicle Tax Motor Vehicle Tax- BN Motor Vehicle Tax- MSD Local Option Sales Tax Local Option Sales Tax- BN MSD Land Transfer Tax Occupancy' Tax Beer and' Wine Tax Telecom Tax Electric Utility' Tax Cable Franchise Tax Piped Natural Gas Tax PEG Channel Solid Waste Disposal Tax Mixed Beverage Tax (ABC) Building Permits Homeowner Recovery Fee CAMA Permits Planning Permit and Fees Board of Adjustment Fees Site Plan Review Fees Sanitation Fees (Garbage Carts) Department of Justice Asset Forfeiture Powell Bill Allocation (pass through) NCDOR Unauthorized Substance Tax Dist Federal Grant Revenue State Grant Revenue -Canal Ditches Debris Dare Co.- Sand Fencing (pass through) Dare Co. -Payment to Bonds (pass through)  682,954 91,306 108,906 8,353 (129) 42,415 5,602 2,236 941,643 263,764 470,697  (3,207,251) 17.56% (422,495) 17.77% (443,615) 19.71% (6,647) 55.69% (6,129) -2.15% (166,058) 20.35% (21,932) 20.35% (8,900) 20.07% (4,283,027) 18.02% (1,691,906) 13.49% (234,330) 0.00% (480,000) 0.00% (1,747,000) 21.22% (16,000) 0.00% (14,800) 0.00% (426,800) 0.00% (71,200) 0.00% (3,900) 0.00% (25,600) 0.00% (2,900) 0.00% (86,000) 0.00% (4,800,436) 13.27% (148,006) 15.43% (1,165) 7.91% (2,185) 15.47% (10,610) 29.27% (100) 0.00% (100) 0.00% (8,510) 14.90% (170,675) 16.36% 31,460 3245.99% (59,593) 54.76% (2,985) 0.48% 0 #DIV/O! 0 #DIV/0! (24,000) 0.00% (186,148) 0.00% (241,266) 30.24% (1,203) 19.80% (975) 35.00% (500) 0.00% (2,678) 23.49%  AD valorem & Vehicle Penalties, fees, interest  subtotal  TAXES-OTHER  subtotal  734,461 26,994 100 400 4,390 1,490 33,375 32,460 72,131 15  PERMITS AND FEES  subtotal  NIERGOVERNMENTAL  subtotal  104,606 297 525 822  FINES & FORFEITS  Dare County Court fees Code Enforcement Fines Fines and Forfeitures  subtotal  INTEREST EARNINGS  Page 1    TOWN OF KITTY HAWK: STATEMENT OF REVENUES FUND 10- GENERAL FUND as of September 30, 2024  AMENDED YRTODATE AMOUNT  % 91.17%  REVENUE SOURCE  BUDGET 159,724 159,724 500 1,000 165,237 10,000 15,000 3,000 194,737 252,675 252,675 262,600 262,600  as 09/2024 OVER/UNDER COLLECTED  Interest on Investments  145,613 145,613 76 100 49,631 2,845 0 52,652  (14,111) (14,111) (424) 15.27% (900) 10.00% (115,606) 30.04% (10,000) 0.00% (12,155) 18.97% 0 #DIV/0! (3,000) 0.00% (142,085) 27.04% (252,675) 0.00% (252,675) (250,000) (250,000)  subtotal  OTHER REVENUE  Town Merchandise Sales General Donations Building Rents Sale of Surplus Property Miscellaneous Revenue Insurance Claims and reimbursements Icarus International  subtotal  FUNDBALANCE  Fund Balance-Appropriated Powell Bill  subtotal  TRANSFERS IN FROM OTHER FUNDS Transfers from Capital Reserve Fund  12,600 12,600  4.80% 4.80% 16.63%  subtotal  TOTAL REVENUES 12,182,725 2,025,772 (10,156,953)  Page 2    TOWN OF KITTY HAWK STATEMENT OF EXPENDITURES FUND 10-GENERAL FUND as of September 30,2024  ACCT. NO.  YRTODATE as 09/2024  AMENDED BUDGET  AVAILABLE %USED  EXPENDITURES BY DEPARTMENT  4100 Non-Departmental 4110 Governing Body(Town Council) 4111 Recreation Committee 4120 Administrative Services 4130 Finance Department 4270 Public Works Department 4310 Police Department 4311 Police Separation Allowance 4340 Fire Department 4370 Ocean Rescue 4410 Beach Nourishment 4510 Transportation 4710 Environmental Services 4910 Planning & Inspections Department 4980 Planning Board 4990 Board of Adjustment  635,241 41,197 10,400 667,773 310,443 1,274,103 3,029,085 95,916 2,386,334 216,182 1,525,470 172,000 1,266,000 542,433 5,883 4,265 12,182,725 Fund Summary Revenues minus Expenses Total surplus (deficit)  362,123 141,505 84,187 437,536 785,985 25,169 714,272 86,283 36,610 4,988 158,174 136,570 969  273,118 57.01% 41,197 10,400 526,268 21.19% 226,256 27.12% 836,567 34.34% 2,243,100 25.95% 70,747 26.24% 1,672,062 129,899 39.91% 1,488,860 167,012 1,107,826 12.49% 405,863 25.18% 4,914 16.47% 4,265  0.00% 0.00%  29.93% 2.40% 2.90% 0.00%  Total Expenditures:  2,974,370 9,208,355 24.41%  2,025,772 2,974,370 (948,598)  paige 3    FY 2024-2025  CAPITAL RESERVE FUND 21  Interest  Participation 30/2024 balance 229,153.93 3,123,074.31 73.24% 10,000.00 0.23% 39,000.00 0.91% 400,000.53 9.38% 174,734.77 4.10% 50,000.00 1.17% 13,000.00 0.30% 32,000.00 0.75% 49,070.82 1.15% 104,000.00 2.44% 6,000.00 0.14% 0.00 0.00% 6,500.00 0.15% 15,000.00 0.35%  Balance Earned asof Transfer inFY Transfer out FY Balance June oftotal  Account 21-2920-0000 21-2950-5001 Interest earnings General 21-2950-5003 Storm Damage/Beach Nourishment 21-2950-5004 Dump Trailer Replacement 21-2950-5005 Caterpillar Blackhoe Replacement 21-2950-5006 Fire1 Truck & Equipment 21-2950-5008 Parks &F Rec Develop. Town Resolution on October 1, 2012 21-2950-5009 Upgrade Public Works Building 21-2950-5010 Phone System Replacement 21-2950-5011 Police In-car radios 21-2950-5012 IT Development 21-2950-5015 Board Walks 21-2950-5017 Land Use Plan Update 21-2950-5019 Future Sidewalk USA: 158 21-2950-5020 800hmz -Radio Replacement 21-2950-5021 HVACI Replacement atF Fire Station 21-2950-5022 Rehab Fire House Galley  Liabilities and Fund Balance Unreserved Fund Balance  06/30/2024 09/30/2024 2024 175,826.71 53,327.22 3,123,074.31 10,000.00 31,000.00 200,000.53 174,734.77 25,000.00 13,000.00 12,000.00 49,070.82 94,000.00 3,000.00 0.00 6,500.00 15,000.00 0.00  2024  8,000.00 200,000.00 25,000.00 20,000.00 10,000.00 3,000.00  10,000.00 -12,600.00 12,400.00 0.29% $291,000.00 $ (12,600.00) $ 4,263,934.36 9/30/2024 Pool cash report 4,263,934.36  15,000.00  Total Assets $ 3,932,207.14    TOWN OF KITTY HAWK BEACH NOURISHMENT FUND: 30- CAPITAL PROJECT BN ASOF OCTOBER 7, 2024 CLOSED  AMENDED Fiscal Year Fiscal Year Fiscal Year Fiscal Year Project Total AVAILABLE  ACCOUNT REVENUES  BUDGET  2021  2022  2023  2024  Activity  BUDGET  Interest Earnings Dare County Beach Nourishment Reimb. Payment by Dare County to BN' Vendors Grant -NCI Dept of Environmental Quality Proceeds from Special Obligation Bonds Transfer in from Capital Reserves- BN  2,287.65 14,071.28 351,438.00 1,408,247.19  16,358.93 351,438.00 1,408,247.19 5,020,429.00 497,989.00  2,854,815.00 1,408,247.00 5,020,429.00 497,989.00 497,989.00  15,887.86 1,940,855.43 11,352.83 1,968,096.12  0.00 -0.19 0.00 0.00  5,020,429.00  Total Revenues 9,781,480.00 497,989.00 5,038,604.51 3,714,611.90 11,352.83 9,262,558.24  EXPENSES  Cost of the Bond Issuance Professional Services Legal Benthic Monitoring Dredging Pre-Construction Beach Maintenance Plan Pre- Design And Permiting Turtle Monitoring Construction Management Construction permiting and Design Mobilization, demobi. & Contingency Transfer out to the Capital Reserve BN  87,501.00 33,269.00 8,122,410.00 3,550.00 21,803.00 229,800.00 351,438.00 433,720.00  88,165.10 1,010.00 897,957.98 7,201,926.24  88,165.10 1,010.00 -1,010.00 8,099,884.22 22,525.78 76,968.95 -1,727.95 3,550.22 315,241.67 107,506.33 186.55 27,309.85 -5,320.30 3,039.73 348,398.27 0.00 433,720.00 0.00  -664.10  332.68 19,961.68 8,649.85 28,944.21 12,974.64  75,241.00 40,835.75 36,133.20 422,748.00 308,054.05 7,187.62  0.00 3,550.22  -0.22  2,169.21 24,954.09 3,039.73  10,346.24 133,681.22 2,516.43 146,543.89 85,772.54  0.00  Total expenses 9,781,480.00 348,889.80 1,046,341.76 7,384,073.45 11,352.83 8,790,657.84  Project summary Revenues minus Expenses  9,262,558.24 8,790,657.84 available 471,900.40  IMPORTANT NOTE FOR AVAILABE BALANCE PLEASE READ the 2022 Renourishment Project.  In FY2 2020-2021, $497,989 was transferred fromi the Beach Nourishment Capital Reserve fund to Beach Nourishment Capital Project toi initiate the design and permitting steps for  The Project has been completed and willl be closed effective October 7,2 2024.  Thei initiala amount tof fund the project has been transferred back tot the Beach Nourishment Capital Reserve Fund 21.    FUND 41-TOWN OF KITTY HAWK REMODELING BUILDING 5200 N CROATAN HWY as of September 30, 2024  AMENDED BUDGET August 5,2024  Fiscal Year Fiscal Year Current Yr Project to AVAILABLE 2022-2023 2023-2024 2024-2025 Date activity BUDGET  REVENUES  Transfer in from General Fund 10 Transfer in from Capital Reserve Fund 21 Transfer in from Capital Project Fund 40  4,868,850.00 4,426,143.00 230,307.00 212,400.00 4,868,850.00  0.00 0.00 0.00 0.00  1,203,583.00 1,203,583.00 2,620,274.00 2,620,274.00  1,203,583.00 2,620,274.00  Total Revenues 8,692,707.00 8,250,000.00 230,307.00 212,400.00 8,692,707.00  EXPENSES  Special Agent Inspections Pre-construction Schematic Design Design and Construction Management Maintenance & Repairs B & Grounds Capital Outlay Equipment Capital Outlay Land Purchase Capital Outlay Building Remodeling Budegetary Contingency  32,574.00 49,872.00 49,872.00 236,481.00 236,480.55 159,079.00 4,107,622.00 4,107,622.00 3,540,000.00 212,400.00  0.00  2,015.00  2,015.00 30,559.00 49,872.00 236,480.55 0.00 159,079.00 4,107,622.00  0.00 0.45 0.00  354,679.00 15,703.70 246,881.70 5,648.54 268,233.94 86,445.06  398,386.05 398,386.05 3,141,613.95  0.00 212,400.00  Total expenses 8,692,707.00 4,409,678.25 246,881.70 406,049.59 5,062,609.54 3,630,097.46  Project summary Revenues minus expenses  8,692,707.00 5,062,609.54 available 3,630,097.46    NCDOT SIDEWALK PROJECT DATE: October 7, 2024  AGENDA ITEM # 10B  SUBMITTED BY: Town Manager  SUBJECT:  The estimated cost for the sidewalk project from Cypress Knee and Cameron Street has increased from $1,600,000 to $7,200,000. The primary reason for the increase is that NCDOT did not adequately show the line items associated with the project. This includes increased costs for mobilization and construction surveying, unclassified excavation and borrow, erosion control, traffic control, contingency, and construction oversight. NCDOT has apologized for the "gross underestimation" and stated, "they  have taken steps to hopefully alleviate this in the future".  BACKGROUND:  With the new estimate, the Town's total portion is $1,440,000. Since, we have already submitted $320,000, the remaining Town portion would be $1,120,000. Additionally, the Town would receive a reimbursement grant of $400,000 from the Dare Tourism Board upon project completion. This would leave the total Town funds The significant increase was unexpected by both parties. NCDOT is unsure if they have the funds to continue with their part of the project, and this will be determined in December. NCDOT has asked us to decide if the Town wants to proceed with the We have inquired about possibly delaying the project, implementing it in phases, or securing additional funds from the Dare County Tourism Board. However, none of these options are currently viable. We have also been looking into available state and federal grants for our portion, but nothing has come to date. In addition, itis uncertain whether we will receive a grant. Further, as we delay the project, the cost Staff agrees this project is invaluable for public safety and will be a wonderful community asset. It aligns with the requests from our citizens in the updated Land With other options diminishing, Ihave been awaiting the town's financial status at the end of fiscal year 2024 to gauge where the town stands financially.  allocated to this project at approximately $1,040,000.  project, and they will then seek additional funds accordingly.  will likely increase.  Use Plan.    DISCUSSION:  The unassigned Fund Balance in FY 2023 was $3,716,927. Based on the Finance Department's estimate, our unassigned fund balance will increase to $4,722,218 for FY2024. This increase is due to fiscally responsible spending at the department level and interest earnings. Since the Town has allocated $212,0001 to the Police Building contingency fund in the current FY, the amount on hand is currently $4,509,818.  We need the Town Council's direction on how to proceed.  Would you like to allocate $1,120,000 of the unassigned fund balance and move forward? NCDOT will still need to get approval for the rest of the funding. If the decision is made to move forward, the remaining unassigned fund balance would be  $3,389,818.  Other options for consideration: Abandon the project Acquire al loan  Borrow from the $3,500,000 emergency fund.  RECOMMENDED MOTION:  Imove to support the NCDOT sidewalk project by allocating $1,120,000 from the unassigned fund balance to cover the Town's portion of the project. Imove to not proceed with the proposed NCDOT project.    NCDOT  Sidewalk  Project    Project Cost  From $1,600,000toS $7,200,000  Increased Costs mobiliation and construction unclassified excavation and borrow erosion control trafficc control  luorease  Gost  surveying  contingency and construction oversight  Town's Portion $1,440,000  Already submitted $320,000 Remaining portion for Town: $1,120,000 Will receive a $400,000 reimbursement grant from Tourism Board upon project Note: NCDOTwill also have to request additional funds for the project to move  competion  forward    Av valuable community asset and important for  citizen and visitor safety  Statt  Unassigned Fund Balance FY 2024  Recommends  $4,722,218  $212,000 has been allocated to Police Building Contingency Remaining Fund Balance $4,509,818 Procede w/ Project Using Fund Balance $3,389,818 Remaining in Fund Balance after  Transfer Other Options Not move forward Take a loan for the project  Moving  forward with  Project  Thank you for your Govsideration    lla  TOWN 1981 HP  Post Office Box 549 101 Veterans Memorial Drive Kitty Hawk, NC27949  Phone (252)261-3552 Fax (252)261-7900 AIOMDOPMITVI3AMKOY  MEMORANDUM  TO:  Mayor Garriss and members ofthe Town Council  FROM: RobT Testerman, AICP, Planning Director  DATE: October 7, 2024  RE:  Preliminary Plat/Final Plat: 4324 Carrenda Lane Subdivision (5 lots)  Note: Subdivision reviews are an administrative decision. Ifall ordinance requirements are met,  the applicant is entitled to approval.  Attachments:  Exhibit highlighting area used for minimum lot size calculations Exhibit highlighting area used for density calculations  Documentation provided by applicant and NCDOT regarding ownership ofr roadbed  Full size submitted subdivision plat  Proposal  The applicant has submitted an application and preliminary/final plat for the subdivision oft the parcel at 4324 Carrenda Lane. The plat outlines a proposal to subdivide one existing parcel totaling 2.962 acres on the west side of Carrenda Lane, at the intersection with W Kitty Hawk Road, into five lots. No new: road, or road expansions, or other infrastructure are proposed as part During the Planning Board review, several concerns were: raised by the public during public Too many parcels = as shown in the staff report, the proposed five lots meets both the 15,000 sq. ft. ofcontiguous, continuous and connected uplands, as well as the two Flooding - As has been delineated on the plat, there are wetlands present, as well as some area oft the special flood hazard area (AE: zone) and X zones. The Planning Board review date was a few days after receiving around 7 inches ofrain in a 241 hour period, and there was still significant standing water in the vicinity. The AE flood zone is meant to indicate that there is a 1% annual chance of flooding and a 26% chance of flooding overa 30-year mortgage. The town zoning, subdivision, nor flood damage prevention ordinance prohibit building or subdividing within a special flood hazard area. Perc testing - The zoning and subdivision ordinance (used to make a decision on subdivision proposals) do not require septic approval prior to approval ofa subdivision plat. Further, one requirement in the subdivision ordinance is that the final plat is to contain a disclosure statement that "approval of this subdivision does not guarantee septic  oft this subdivision.  comment, and during the Board deliberations.  dwellings (parcels) per acre  approval on any individual lot." [Sec. 38-63(k)]    Subdivision: 4324 Carrenda Lane Subdivision  October 7,2024 Page2  Sec. 106 of the National Historic Preservation Act - onei inquiry was received as to why the town does not require a Sec. 106 review as part oft the subdivision review. Staff inquired with the Army Corps of Engineers regarding this question. Feedback received was that when an Army Corps permit is required, they would conduct a 106 review and coordinate with the State Historic Preservation Office ifr needed. Sec. 106 of the NHPA applies to any project requiring federal approval (such as a Corps permit) or that receives any federal funding. There is no filling/disturbance of wetlands proposed as part of this subdivision, sO there are no federal permits required, and there is no federal funding, thus Traffic - Concern was brought up regarding the safety of the ingress/egress from Carrenda Lane onto W. Kitty Hawk Road. As it relates to roads, the subdivision ordinance only speaks to new/proposed roads. This proposal includes no new roads, instead iti is dividing al lot that currently fronts on two NCDOT maintained roads.  Sec. 106 is not applicable.  StaffAnalysis  Zoning: The subject property currently has one single family dwelling and is zoned VR-1, low Lot Size: The minimum lot size in the VR-1 district is 15,000 square feet of contiguous, continuous and connected uplands. The proposed lots are as indicated below:  density village residential district.  Total area 26,490 sq. ft. 22,877 sq. ft. 27,688 sq. ft. 23,026 sq. ft. 28,954 sq. ft.  Total uplands 21,180 sq. ft. 17,528 sq. ft. 20,715 sq. ft. 18,509 sq. ft. 15,419 sq. ft.  Contiguous uplands (upland is separated by paved road) 15,061 sq. ft. 15,083 sq. ft. 18,084 sq. ft. 15,029 sq. ft. 15,010s sq. ft.  Lot "A" Lot "B" Lot "C" Lot "D" Lot"E"  Density: Maximum permitted density is two single-family dwellings per acre. Sec. 42-1 dictates that marsh and wetland areas, as determined by CAMA and/or CRC regulations, which are contiguous with estuarine waters, sounds and bays may not be used for density calculations. As the definition specifically notes that marsh and wetland areas may not be used for density calculations, but does not include bodies of water, it is staff'si interpretation that bodies of water may be used for density calculations, ift they fall within the boundaries of the parent parcel. The The development area, less potential wetlands/marsh as defined by CAMA is 2.52 acres. At two dwellings per acre, this acreage allows a maximum of 5.039 lots (rounds down to 5lots). Lot Width: The minimum lot width in the VR-1 district is seventy-five feet (75'), measured at  Town Attorney has concurred with this interpretation.  the front building setback line on each parcel.    Subdivision: 4324 Carrenda Lane Subdivision  October 7, 2024 Page 3 Lot "A" Lot "B" Lot "C" Lot"D" Lot"E"  Lot width at front setback line  148' 90' 97' 127' 137'  Note - the lot width for Lot "E" is measured approximately 150' west of Carrenda Ln. Road Frontage: Sec. 38-105 states that all lots shall front upon aj public or approved private road,  with ai minimum of 50' of frontage.  Road frontage 167' on Carrenda 90' on Carrenda 97' on Carrenda 127' on Carrenda 145'- on WI Kitty Hawk Rd  Lot "A" Lot "B" Lot "C" Lot" "D" Lot "E"  Note - Lot "E" also contains 15' of frontage on Carrenda Lane to provide access. This eliminates the need to disturb the wetlands for access onto W. Kitty Hawk Rd, and eliminates the need for an additional curb cut on W. Kitty Hawk Rd.  Section 38-105(c) also states that double frontage lots should be avoided. Asi indicated on the plat, Lots "A"B" "C" and "E" have frontage on both Carrenda Ln and W Kitty Hawk Rd. While the ordinance states that double-frontage lots should be avoided, it also does not prohibit them. Given the location of the parent parcel which is bordered on two ofits three lot lines by Carrenda Lane and W Kitty Hawk Road, any divided lots are bound to have double-frontage, as the parent Further, it staffs opinion that because of the use of the word' "should" in the ordinance, rather than aj prohibition on double-frontage lots, that this configuration is compliant. "Should" indicates ai recommendation, whereas "must" or "must" not imposes legally enforceable Building Setbacks: Minimum building setbacks in the VR-1 district are 10 feet along the sides and 25 feet at the front and rear. Minimum setbacks are provided on the plat. Road Rights-of-Way: There are no new roads proposed as part oft this subdivision. The existing Carrenda Lane right-of-way currently runs through the parent parcel. Though this is a state maintained road, the applicant has indicated that this portion of the road is owned by the applicant. The deed for the parcel and staffo correspondence with NCDOT District Engineer Water: Dare County Water does not have a line that services Carrenda Lane. The Water Department indicated to staff that they would allow lots A, B, C, and E to tap into the line  parcel has double-frontage already.  regulations.  appear to support this claim.    Subdivision: 4324 Carrenda Lane Subdivision  October 7,2024 Page4  running along W. Kitty Hawk Road. They have moved away from the practice of approving what they refer to as "spaghetti lines" (water pipes running from a water line, through a private property to access another private property). Instead lot D would be dependent on a private well. Fire Department Review: Deputy Chief Rogers has recommended that the access to Lot E be  widened to 20' to ensure it can provide access for fire apparatus. Planning Board Recommended Conditions of Approval:  Wetlands certification to be added to the plat - The engineer has added the wetlands Miscellaneous sheds and other structures removed from setback prior to presentation of preliminary/final plat to Town Council - Per the revised plat, the accessory structures that Access to Lot E be widened to 20", while maintaining 15,000 sq. ft. ofc contiguous uplands on all lots prior to presentation of preliminary/final plat to' Town Council - Per the revised plat, in addition to the 157 wide strip accessing Carrenda Ln, the applicant has proposed an additional 57 wide access easement on Lot D providing a total access width Submit documentation indicating ownership of roadway and canal area prior to presentation of preliminary/final plat to Town Council- Staff] has received this  certification to the plat  encroached into the proposed setbacks have been removed.  of20'  documentation from the applicant as well as NCDOT. Additional staffrecommended condition of approval  Add disclaimer that "approval of this subdivision does not guarantee septic approval on Note: Per Sec. 38-50, should the planning board recommend disapproval or conditional approval ofthe preliminary plat, the reasons for such action shall be noted int the minutes ofthel board and reference shall be made to the specific sections of Chapter 38 of town code which the preliminary plat does not comply, and the subdivider shall be sO notified.  any individual lot."  Planning Board Recommendation with the conditions listed above. Recommended Motion  Atit's September 19 2024 meeting, the Planning Board unanimously recommended approval,  Should the Town Council decide to recommend approval of the preliminary/final plat, the "I move to approve of the preliminary/fimnal plat for 4234 Carrenda Ln, as shown on the Should Council wish to deny the preliminary plat, the following motion could be made: "Imove to deny approval of the preliminary plat/final for 4234 Carrenda Lane. The proposed plat is not compliant with the following sections ofTown Code: Cite specific  motion could be worded in the following manner:  submitted plat."  sections ofcode here"    Subdivision: 4324 Carrenda Lane Subdivision  October 7,2024 Page 5  Directions to the Subject Property  (from Kitty Hawk Post Office, N. Croatan Highway & Kitty Hawk Road)  Drive west on W. Kitty Hawk Road for 2.6 miles Turn left on Carrenda Ln, subject parcel is on the right    Dje  SUBDIVISION SKETCH PLAN FOR: J&J HYERPRIS ox, MG DARE COUNTY NORTH A or a. E  REVISIONS REYGO  ATLANTIC THSR DIVIION oFEa  Coas/al SUIRVEYIMG. INC.    SKETCH PLAN POR: JaJ RIPRIBS 08x, MC TwSP. DARE COUNTY RAS 9 or or  REVS  NORTH TAT  27949  Coas/al URVEYING.  C-083    SHARP, GRAHAM, BAKER AND VARNELL, L.L.P.  ATTORNEYS ATLAW KITTY HAWK, NORTH CAROLINA TELEPHONE: (252)261-2126 FACSIMILE: (252)261-1188 Website. Address: www.ncobxlaw.com SENDERSEXIENSION: 245 SENDER'S! DIRECTLINE: (252)573-7033 September 13, 2024  STARKEY SHARP RONALDG.E BAKER CASEY C. VARNELL JAMIEG. VARNELL Retired: JOHN C. GRAHAM, III  MAILING ADDRESS: POST OFFICE DRAWER 1027 KITTY HAWK, NC27949-1027 STREET/SHIPPING, ADDRESS: 4417N. KITTY HAWK, CROATANI NC27949-1027 HIGHWAY Sender'sE-mail Address: nicole@nsobAlaw.com  Rob Testerman Director ofPlanning and Inspections Town ofKitty Hawk Hand Delivered  Re: Proposed subdivision for. J&J Enterprises OBX, LLC  Carrenda Lane  Dear Rob:  This office handled the real estate closing for. J&. JI Enterprises OBX, LLC when the property at 4324 Carrenda Lane (tax parcel 011197000) was acquired. In that transaction we conducted at title examination oft the property. We have been asked to provide information which relates to Carrenda Lane int the context of a proposed subdivision which has been submitted to the Town. Carrenda Lane is a road located within the Town of Kitty Hawk, connecting to the southern edge oft the right of way of Kitty Hawk Road at aj point 0.3 miles west of the intersection of Kitty Hawk Carrenda Lane was created by a map dated October 3, 1974, recorded in Map Book 8, Page 3, entitled "Division of the. Joseph B. Owens Estate". The map shows two (2) unnamed roads designated "private right of way". The eastern-most of these two roads covers a distance of 1,190.59 feet running south from Kitty Hawk Road, and is located on the western 60 feet ofLots 9 and 8. The second (western) road is parallel to the first road, is also 601 feet wide, and is located on the eastern 60 feet ofLots 1&2. The second (western) oft the two roads continues in a southerly direction beyond Lot 2 and provides access to Lots 3,4,5,6, and 7. The first (eastern) road stops  Road (SR 1208) and Twiford Street (SR 1207).  at the boundary ofLots 8 &7.    Page 2, Rob Testerman September 13,2024  [Note 1: At the time the map was recorded, a ditch or canal was! located at the center of the two roads and extended south through the Joseph B. Owens property. This explains why there are two The western road was developed as aj private right of way for the use oft the owners ofLots 1 through 5. Atap point ini time after the Joseph B. Owens map was recorded, the western road was In 2003, the owner ofLot 1 entered a "Secondary Road Right of Way Agreement" with the North Carolina Department of Transportation (NCDOT). This agreement is recorded in Book 1487, Page 54. After recording the agreement, NCDOT assumed maintenance responsibility for Carrenda Lane, which is today designated SR 1533. The right ofway agreement refers to and incorporates The state-maintained section of Carrenda Lane is a "right of way". The State did not acquire ownership oft the land over which the road crosses. Instead, the State owns the right to cross over the area within the right of way. This is consistent with the. Joseph B, Owens Estate subdivision map. The eastern boundary ofLotl is the western boundary ofLot 9 and part ofLot 8. The two For the reasons explained above, the fee simple ownership of the property over which Carrenda  roads.]  named Carrenda Lane.  the. Joseph B. Owens Estate map.  roads cross over the underlying lots.  Lane crosses is owned by J. &. JI Enterprises OBX,LLC.  Sincerely, Starkey 23  cc: Carlos Gomez  J&JEnterprises OBX, LLC    1487 Page: 84 REGISTER OF DEEDS  EXEMPT DARE COUNTYTAX OOLLECTOR 14803  003955  NO.  :36P  SÉCONDARY ROAD RIGHT OF WAY AGREEMENT  THIS INSTRUMENT DRAWBY Patti. J. Cooper RETURNTO: Julie S. Bowey, NORTH CAROLINA COUNTYOF Dare TOWNSHIPOF KittyHawk Jean A. Forbes 4324 Carrenda Lane, Kitty Hawk, NC 27949 K Register of Deeds Office of Dare  CHECKED! BY Julie S. Bowers  N.C. Depl. of Tahsportation 113 Airport DrMvE Suite 100 Edenton, NC 27932  PARCEL: 001  LOCAL NAME OF ROAD: Carrenda Lane  the undersigned owners of that certain propertyescribed inl Deed Book 1128 atPage 144 int the recognizing the benefits to said property by reason apthe Department of Transportation assuming responsibily maintenance of the above-described road, hereby grants to the North Carolina Department of Transportation, the for the way for said proposed road and releases the Departmenteon: all claims for damages by reason ofs said right of right of the lands of the undersigned and the past and further usetereof by the Department, its successors and assigns way across purposes for which the Department is authorized by law tosybject said right of way; said of additional widths as might be necessary to provide for cut and fillgigpes, sedimentation control proposed and Itis understood and agreed that the centerine of 60 nabofway hereinabove has been drainage staked out upont road. the property of the undersigned and that the centerline of the road is logated in the center of the right of way stakes. The undersigned property owners further agree not to erect any structures, Including masonry mallboxes, headwalls, any fencing, etc., or engage in cultivation within the right of way granted herein, North Carolina Department of Transportation pursuant to G.S. 138-93 and N.C. Administrative except Code 19A by the Right of way is staked upon the ground according to a plat recorded inphat Cabinet 8, Slide 3 of the Dare Public Registry and the stake represents the westernmost point of the 60ot dediçated There are no conditions tot this agreement not expressed herein. The undersigped hereby covenant and they are the sole owners of said property; that they solely have the right to grant this of and that warrant that warrant and defend the title tot the same againstt the lawful daims of all person whomsbéyer. pght way, INWITNESS WHEREOF, we have hereunto set our hands and affixed our seals this the  OCounty, and bounded! by  for all right way being the width road, and such of the as masonry approved driveway NCAC 02E. County right ofv way according to they will forever of (SEAL) (SEAL) (SEAL)  indicated and across said property as follows:  60'  inv widthr measured 30'  one each side pihe center line of said  0404.  the above mentioned platr recorded in Plat Cabinet 8, Slide 3.  20 63  P/8 dayo Feb 0 a  sLu Ahbhis Jean A. Forbes  (SEAL) (SEAL) (SEAL)  Secondary Road Addition- Staked Pagelof2 Rev. May 2002  (For Addition to System Wherel Righ of Wayi is Staked Out on  Ground) Book 1487 Page 054    -  "Coynty: Dare Parcel: 001  0083955 Pase: 04/6712083 of ea:38PA 2  NORTHÇAROLINA, Curiluck COUNTY Daticn A.Shanon  aNotary Publipypf the Countys and State aforesaid, certifythat SanA.fobes  Witness GRANTORS, my hand personally appeared before me this day and ecknowledged the execution oft the foregoing instrument.  andoicial stamp ors seal, this the 18 dayo of Ehuas  20 03  My Commission Expires: Rlarch 6,2007  Notal  NOTARY PUBLIC  PUBLIC  The foregoing Certificate(s) of PatcoA Shannon Doxmaro-mnouy REGISTER OF DEEDS FOR  NorasyPudic  is/are certified to be correct. Thisi instrumeat and this certificate are duly registered ont the I  Apcil BY:  .20 03 inOok 148 ,Page 54 at 3.35 o'clock dayof PM  F  Dove  COUNTY  Deputy/Assistant- Register of Deeds  N  1  Secondary Road Addition- Staked Page2of2. Rcv. May 2002  (For Addition to System Where Right of  Wayi is Staked Out on Ground)  Book 1487 Page 054a