TOWN OF KILL DEVIL HILLS  Land Where  EVTERA s Birthplace of Aviation THCAROY  Flight Began  NOTICE OF PUBLIC MEETING  NOTICE IS HEREBY GIVEN that on' Tuesday, November 12, 2024, at 5:30 p.m., thel Kill Devil Hills Planning Board willl hold its regular meeting oft the month int the Town Hall Meeting Room located A printed packet is available for public inspection ini the Office ofthe Town Clerk, 102 Town Hall Drive. To schedule an inspection time, contact thel Department at 252-449-5300. Packet materials can be viewed on the' Town's website at itpsy/www.kdhnc.com74Mectns-AAgendas-Packets: Written public comments fort the Planning Board can be emailed toi info@kdhnc.com. Comments must include your name and address and arel limited to three minutes fori individuals, and five minutes  at 102 Town Hall Drive, Killl Devil Hills.  Minutes.  when speaking for a group. Call to Order Agenda Approval Public Comment Response tol Public Comment Ongoing Business New Business 1.  AGENDA  Approval oft the Minutes oft the September 17, 2024, meeting  Proposed Zoning Amendment- - 153.076 Off Street Parking and Loading - Modify Minimum 2. Proposed Zoning Amendment - 153.002 Definitions, 153.076 Off Street Parking and Loading, 153.096 Permitted Use Ocean Impact Residential. Zone, and 153.100 Site Requirements Ocean Impact Residential Zone - Define Large Single-Family Dwelling, Require An Access Aisle, and Apply Floor Areal Ratio (FAR) for Large Single Family Dwellings (over 6,000 SF)  Parking Space Size and' Table of Parking Requirements  Public Comment Response tol Public Comment Board Member Comment Adjournment Jennifer Stecher  Posted this 7th day ofl November 2024. Administrative Assistant/Deputy Town Clerk  Copies to: Mayor and Board of Commissioners, Planning Board members in their packet  materials; Town Manager; Town bulletin boards; Town Sunshine List, including all local news media; Electronic: Distribution List; Town website and social media; file  Post Office Box 1719. 102 Town Hall, Kill Devil Hills, North Carolina 27948-252-#9-300-ymna.dmc.com    Minutes ofthe' Tuesday, September 17, 2024, meeting of the Kill Devil Hills Planning Board held at 5:30 p.m. in the Town Hall Meeting Room, 102 Town Hall Drive, Kill Devil Hills,  North Carolina.  Members Present: Chairperson Howard Buchanan, Jenniffer Albanese, Sandie Markland,  Ron Seidman, II, and Phillip Wayland  Members Absent: Becky Breiholz, vacant seat  Others Present:  Cameron Ray, Assistant Planning Director; and Jennifer R. Stecher,  Deputy Town Clerk  Call to Order  At 5:30 p.m., Chairperson Howard Buchanan called the Tuesday, September 17,2024, meeting oft thel Kill Devil Hills Planning Board to order and welcomed everyone present.  Agenda Approval  Sandie Markland moved to approve the agenda for this meeting. Ron Seidman seconded  the motion, which was approved by a unanimous, 4-0, vote. Approval of the Minutes of the. July 16, 2024 meeting  Ms. Markland moved to approve the. July 16, 2024, meeting minutes, as presented. Jenniffer Albanese seconded the motion, which was approved by a unanimous, 4-0, vote.  Public Comment Response to Public Comment Ongoing Business New Business 1.  Zoning Amendment Request $153.315(B)(4) Accessory Dwelling Units (ADU) The: zoning amendment request, submitted by David Snow, was to amend Town Code section 153.315(B)(4) Accessory Dwelling Units (ADU) to modify (ADU) site requirements. The amendment request was to remove the requirement for detached ADUS to be located behind the primary dwelling. This requirement was included ini the original Town Code amendment for ADUS, which was a common regulation for ADUS in neighboringi jurisdictions. Since that time,  Modify (ADU) Site Requirements  several otherj jurisdictions have removed this requirement.  DRAFT Minutes September 17,2024 Planning Board Page 1of2    Staff supported the change to remove the requirement as requested; however, Staff recommended that the Town include al height restriction for the ADU not to exceed thel height of the primary dwelling. This will be consistent with the original intent oft this section, which was for the ADU to not be the focal point oft the site, but to be an accessory to the primary structure. The applicant agreed tot the proposed language addition per Staff's recommendation and is] part Staff recommended forwarding the zoning amendment to 153.315(B)(4) Accessory Dwelling with attached consistency statement to the Board of Commissioners with a favorable Ms. Markland moved to: forward the Zoning Amendment Request $153.315(B)(4) Accessory Dwelling Units (ADU) - Modify (ADU) Site Requirements as presented with consistency statement to the Board of Commissioners with a favorable recommendation. Phillip Wayland seconded the motion, which passed with a unanimous 4-0 vote.  oft the packet material. recommendation.  Public Comment  Duke Geraghty, Government Affairs Director oft the Outer Banks Home Builders Association (OBHBA), stated in his submitted email that OBHBA welcomes the change to the Accessory Dwelling unit ordinance and approves the zoning text amendment and looks forward toi it being approved by the Board of Commissioners. Mr. Geraghty's email was made part oft the  meeting record.  Response to Public Comment Board Member Comment Adjournment  There being no further business before the Planning Board at this time, Ms. Markland moved to adjourn the meeting. Ms. Albanese seconded the motion, which was approved by a  unanimous, 4-0, vote. It was 5:36 p.m.  Submitted by:  Jennifer R. Stecher  Administrative Assistant/Deputy Town Clerk  DRAFT Minutes September 17, 2024 Planning Board Page 20 of2    Director of Planning and] Inspections MEREDITHGUNS Building] Inspector MARTY SHAW CHARLES THUMAN Codel Enforcement Officer JORDAN: BLYTHE  DEVI Birthplaceof Aviation THCARO NORTH CAROLINA PLANNING DEPARTMENT  Assistant Director of Planning andI Inspections CAMERON! RAY Senior Planner RYANI LANG Zoning Administrator DONNA ELLIOTT  THE TOWN OF KILLDEVIL, HILLS  November 12, 2024 Memorandum To: From: Subject:  Planning Board  Cameron Ray, Assistant Planning Director <  Proposed Zoning Amendment 153.076 Off Street Parking and Loading - Modify Minimum Parking Space size and' Table of] Parking Requirements  House Bill 600, which came into effect January 01, 2024, amended NCGS 160D-702(c)(2) Grant ofPower to set the maximum parking size a Town or County could require. The new statutory (c) A zoning or other development regulation shall not do any ofthe following:  regulations state:  (1) Set a minimum square footage of any structures subject to regulation under the North Carolina Residential Code for One- and Two-Family Dwellings. (2) Require a parking space to be larger than 9 feet wide by 20 feet long unless the parking space is designated for handicap. parallel, or diagonal parking. (3) Require additional fire apparatus access: roads into developments ofone- or two- family dwellings that are: not in compliance with the required number ofi fire apparatus access roads into developments of one- or two-family dwellings set forthi int the Fire Code oft the North Carolina Residential Code for One- and Two-Family Dwellings. Attached to this memorandum is aj proposed zoning amendment to 153.076 Off Street. Parking and Loading which modifies the required parking space size to be 9 feet by 20: feet rather than 10 feet by 20: feet. However, staffi is proposing ai recommended a parking space size of 101 feet by 20: feet because this size has shown to be effective for decades. Additionally, the result ofa smaller parking size will allow greater density on a commercial site, which is in conflict with the adopted Land Use Plan. Therefore, the proposed amendment also modifies thej parking table to apply to the recommended parking size of10x20 and ift the required parking size ofs 9x20: is used the table requirements shall be increased by 20%1 for all development except single-family The proposed amendment is intended to meet the requirements of160D while also promoting a safer parking area and regulating density consistently with existing developments. Staff requests the Planning Board forward thej proposed amendment and consistency statement to  dwellings.  the Board ofCommissioners with ai favorable: recommendation.  102 Town Halll Drive * POI Box 1719* Killl Devill Hills, NC 27948 (252).4 449-5318 * Fax (252) 441-4102    PLANNING BOARD REPORT  Per NCGS 160D-604(b), Zoning Amendments. - Subsequent toi initial adoption ofaz zoning regulation, all proposed amendments to the: zoning regulation or: zoning map: shall be submitted tot thej planning board for review and comment. Ifno written report is received from the planning board within 30 days of referral of the amendment to that board, the governing board may act ont the amendment without the planning board report. The governing board is not bound by thei recommendations, ifany, oft the planning board. Per NCGS 160D-604(d), Plan Consistency - When conducting a: review of proposed zoning text or map amendments pursuant to this section, the planning board shall advise and comment on whether the proposed action is consistent with any comprehensive plan that has been adopted and any other officially adopted plan that is applicable. The planning board shall provide a written recommendation to the governing board that addresses plan consistency and other matters as deemed appropriate by thej planning board, but a comment by the planning board that aj proposed amendment is inconsistent with the comprehensive plan shall not preclude consideration or approval ofthe proposed amendment by the governing board. Ifa zoning map amendment qualifies as a' "large-scale rezoning" under G.S. 160D- 602(b), the planning board statement describing plan consistency may address the overall rezoning and describe how the analysis and policies in the relevant adopted plans were considered in the  recommendation made.  PLANNING BOARD RECOMMENDATIONS  Proposed. Amendment Title: Proposed Zoning Amendment- $153.076 Off Street Parking and Loading - Modify Minimum Parking Space size and' Table of Parking Requirements Approval/Denial: Planning Board finds that thel Proposed Zoning Amendment $153.076 Off Street Parking and Loading Modify Minimum Parking Space size and' Table of Parking  Requirements is/is not consistent with the adopted Land Use Plan.  Therefore, the Planning Board finds thej proposed amendment is consistentinconsistent with the objectives and policies contained in thel Killl Devil Hills Land Use Plan and/ or other officially adopted This report reflects the recommendation of the Planning Board with a vote of to_ this the Twelfth  plans of the Town that are applicable. day of November, 2024. Attest:  Planning Board Chairman  Planning Board Clerk    Ordinance Number  AN ORDINANCE AMENDING THE KILL DEVILI HILLS CODE OF ORDINANCES, CHAPTER 153, ZONING  BE IT ORDAINED by the Kill Devil Hills Board ofCommissioners that Chapter 153, Zoning oft the Kill Devil Hills Town Code of Ordinances, shall be amended by adding the underlined language and deleting the following stricken language to the sections identified below, as  follows:  GENERAL REGULATIONS  $153.076 OFF-STREET PARKING AND LOADING.  (A) Detailed: specifications. Required off-street parking spaces are permanent areas and shall not be used for any other ground purpose; and shall be constructed in accordance with generally  accepted engineering practices.  (1) Dimensions: standard parking spaces. In all zones, minimum parking space dimensions will be 200 180 square feet, ten nine feet by 20: feet. Recommended parking size is 200 square feet, ten feet by 20 feet. However, for commercial and multi-family residential, only 18 feet of the length need tol bej paved or constructed oft turfstone, permeable pavements, including porous concrete, porous asphalt, concrete grid pavers, permeable interlocking concrete pavers, and plastic reinforcing grids. The: remaining two feet ofl length shall remain pervious, and a concrete curb stop shall be placed at the front end ofeach space to accommodate vehicle overhang on the  remaining two feet of length.  (D) Table ofparking requirements. The following table is fort the recommended parking size of 200 square feet (ten feet by 20 feet). Ifthe minimum parking size is utilized (with the exception  DRAFT Amendment Page-1-of3  Chapter 153, Zoning - 153.076 Off Street Parking and Loading Modify Minimum Parking Space Size and Table of Parking Requirements    ofsingle-family dwelling less than 115 bedrooms) the minimum number of parking spaces shall be  increased by 20% oftable requirements.  BE ITI FURTHER ORDAINED that it is the intent oft the Board of Commissioners that the provisions ofthis ordinance shall be made aj part oft the Kill Devil Hills Code of Ordinances; the sections of this ordinance may be re-numbered or re-lettered; and the word "ordinance" may be changed to section,""article," "chapter," or other appropriate designation to accomplish such This amendment to Chapter 153,Zoning, shall be in full force and effect from and after  intention as needed. the by a vote of SEAL  day of  202_. Adopted and approved by the Board ofCommissioners of  the Town ofKill Devil Hills at ai regular meeting held ont the  day of  202,  in favor and  opposed.  John Windley Mayor  ATTEST:  James Michael O'Dell Town Clerk  APPROVED ASTO FORM:  Casey C. Varnell Town Attorney  DRAFT Amendment Page-2-of3  Chapter 153, Zoning - 153.076 Off Street Parking and Loading Modify Minimum Parking Space Size and Table ofl Parking Requirements    The undersigned hereby certifies that the foregoing official amendment, designated AN ORDINANCE AMENDING THE KILL DEVIL: HILLS TOWN CODE, CHAPTER 153,  ZONING, was placed ini the Kill Devil Hills Town Code Book on the  day of  202_,at  .m.  James Michael O'Dell Town Clerk  DRAFT Amendment Page-3-of3  Chapter 153, Zoning 153.076 Off Street Parking and! Loading Modify Minimum Parking Space Size and Table ofParking Requirements    Director of Planning: and] Inspections MEREDITHGUNS Building] Inspector MARTYSHAW CHARLES THUMAN Codel Enforcement Officer JORDAN BLYTHE  DEVIL Birthplaceof Aviation THCAROY NORTH CAROLINA PLANNING DEPARTMENT  Assistant Director of Planning and Inspections CAMERON: RAY Senior Planner RYANLANG Zoning Administrator DONNA ELLIOTT  THE TOWN OF KILL DEVIL HILLS  November 12, 2024 Memorandum To: From: Subject:  Planning Board  Meredith Guns, Planning Director 96  Proposed Zoning Amendment - 153.002 Definitions, 153.076 Off Street Parking and Loading, 153.096. Permitted Use Ocean Impact Residential Zone, and 153.100 Site Requirements Ocean Impact Residential Zone - Define Large Single-Family Dwelling, Require an. Access. Aisle, and Apply Floor Area Ratio (FAR) for Large Single-Family Dwellings (over 6,000 SF)  On October 14, 2024, the Board of Commissioners reviewed options to regulate density, bulk, parking, and promote safety for large single-family dwellings ini the Ocean Impact Residential Zone (OIR). Staff prepared aj presentation with several options for the Board of Commissioners to consider to meet their vision tol limit bulk, density, parking and promote safety in the OIR. At the conclusion oft the presentation and discussion, the Board of Commissioners directed stafft to  develop a Zoning Amendment for Planning Board Review that included:  Define. Large Single-Family Dwelling as structures over 6,000 SF (which is consistent Require an emergency access lane on all large structures over11 bedrooms (currently Set a Floor Area Ratio (FAR) for large single-family dwellings located in the Ocean  with the SF used in the stormwater and landscaping regulations).  itis an incentive) Impact Residential Zone.  Staff has created aj presentation for the Planning Board to assist in understanding the issue identified by the Board of Commissioners and the proposed regulations. Attached tot this memorandum is aj proposed zoning amendment to:  153.002 Definitions - to add a definition for Large Single-Family Dwelling and 153.076 Off Street Parking and Loading - to remove previous incentives for access aisle and add ai requirement for 12' access aisle on single family dwellings with 11 or 153.096. Permitted Uses Ocean Impact Residential Zone- to add. Large Single-Family 102 Town] Halll Drive * POJ Box 1719*] Killl Devill Hills, NC 27948* * (252) 449-5318' * Fax (252) 441-4102  Stacked. Parking; more bedrooms;  Dwellings as a permitted use, and;    153.100 Site Requirements Ocean Impact Residential Zone - to add a tiered Floor Area Ratio for Large Single-Family Dwellings beginning with FAR of.25 with  options to increase FAR to. .35.  Staff recommends the Planning Board review and discuss the proposed amendment. Att the conclusion of the presentation and discussion the Planning Board can forward the proposed amendment to the Board of Commissioners with advisory recommendations and consistency  statement.    PLANNING BOARD REPORT  Per NCGS 160D-604(b), Zoning Amendments. - Subsequent toi initial adoption ofa a zoning regulation, all proposed amendments to the zoning regulation or zoning map: shall be submitted to the planning board for review and comment. Ifno written report is received from the planning board within 30 days of referral of the amendment to that board, the governing board may act on the amendment without thej planning board report. The governing board is not bound by the recommendations, ifany, oft the planning board. Per NCGS 160D-604(d), Plan Consistency - When conducting a review of proposed zoning text or map amendments pursuant to this section, the planning board shall advise and comment on whether the proposed action is consistent with any comprehensive plan that has been adopted and any other officially adopted plan that is applicable. Thej planning board shall provide a written recommendation to the governing board that addresses plan consistency and other matters as deemed appropriate by the planning board, but a comment by thej planning board that aj proposed amendment isi inconsistent with the comprehensive plan shall not preclude consideration or approval oft the proposed amendment by the governing board. Ifazoning map amendment qualifies as a' "large-scale rezoning" under G.S. 160D- 602(b), thej planning board statement describing plan consistency may address the overall rezoning and describe how the analysis and policies in the relevant adopted plans were considered in the  recommendation made.  PLANNING BOARD RECOMMENDATIONS  Proposed. Amendment Title: Proposed. Zoning Amendment $153.002 Definitions, 153.076 Off Street Parking and Loading, 153.096 Permitted Use Ocean Impact Residential Zone, and 153.100 Site Requirements Ocean Impact Residential Zone - Define Large Single-Family Dwelling, Require an Access. Aisle, and Apply Floor. Area Ratio (FAR) for Large Single-Family Approval/Denial: Planning Board finds that the Proposed Zoning Amendment $153.002 Definitions, 153.076 Off Street Parking and Loading, 153.096 Permitted Use Ocean Impact Residential Zone, and 153.100 Site Requirements Ocean Impact Residential Zone - Define Large Single-Family Dwelling, Require an. Access Aisle, and. Apply Floor. Area Ratio (FAR) for Large Single-Family Dwellings (over 6,000 SF)is/is not consistent with the adopted Land Use Therefore, the Planning Board finds the proposed amendment is consistentinconsistent with the objectives and policies contained in thel Kill Devil Hills Land Usel Plan and/ or other officially adopted This report reflects the recommendation oft thel Planning Board with a vote of to_ this the Twelfth  Dwellings (over 6,000 SF)  Plan.  plans ofthe' Town that are applicable. day ofNovember, 2024. Attest:  Planning Board Chairman  Planning Board Clerk    Ordinance Number  AN ORDINANCE AMENDING THE KILL: DEVIL HILLS CODE OF ORDINANCES, CHAPTER 153, ZONING  BEI IT ORDAINED by the Kill Devil Hills Board of Commissioners that Chapter 153, Zoning oft the Kill Devil Hills Town Code ofOrdinances, shall be amended by adding the underlined language and deleting the following stricken language to the sections identified below, as  follows:  GENERAL PROVISIONS  $1 153.002 DEFINITIONS.  DWELLING, LARGE SINGLE FAMILY. A detached building other than a mobile home designed for or occupied exclusively by one family with a gross floor area greater than 6.000  square feet.  PARKING.STACKED. Vehicle parked either parallel or perpendicular to each other with  limited egress to drive aisles or right-of-way.  $153.076 OFF-STREET PARKING ANDLOADING.  (A) Delailedspecefcations. Required off-street parking spaces are permanent areas and shall not be used for any other ground purpose; and shall be constructed in accordance with  generally accepted engineering practices.  DRAFT Amendment Chapter 153, Zoning  153.002 Definitions, 153.076 Offs Street Parking and Loading, 153.096 Permitted Use Ocean Impact Residential Zone, and 153.100 Site Requirements Ocean Impact Residential Zone- Define Large Single-Family Dwelling, require an Access Aisle, and apply Floor Area Ratio  (FAR) for Large Single Family Dwellings (over 6,000 SF).  Page-1-of5    (10) Parking requirements, for single-family and duplex structures.  (a) Yards.  3. Dwellings with 11 bedrooms or more:  a. An minimum of one but no more than two paved driveways of at least ten feet in width and not exceeding a single or combined width of 20: feet shall be permitted in this area. Driveway width shall be maintained from the point on entry at the property line for five linear feet. Parking setback shall be equal to the total width oft the driveway(s) measured from the property line. Driveways in the required parking setback area cannot be used for calculation of  required parking.  b. Parking setbacks shall be a minimum of seven five feet from the property line for  both driveways and parking areas.  c. Exeepten-ParkingsetbaeksshalreARRHROFetremneproperty-me  fordriveways,aeessaisles,amépatkamgareasprovidedathacleatly-marked-acess-isle meldimg"eputaig-AePpE4sgAregHre-met. There shall be a minimum ofone access aisle designed open and unobstructed within 20: feet of primary dwelling. Minimum access aisle width shall be ten twelve feet. Access aisle shall be clearly marked including "No  Parking."  d. Turn around area forj properties abutting highways, thoroughfares and/or collector  streets shall be within the designated parking area outlined in this section. Driveways with a  DRAFT Amendment Chapter 153, Zoning  153.002 Definitions, 153.076 Off Street Parking and Loading, 153.096 Permitted Use Ocean Impact Residential Zone, and 153.100 Site Requirements Ocean Impact Residential Zone- - Define Large Single-Family Dwelling, require an Access Aisle, and apply Floor Area Ratio  (FAR): for Large Single Family Dwellings (over 6,000SF).  Page-2-of5    minimum width of2 20 feet may utilize the driveway area within the required setback as the  turnaround area.  OCEAN. IMPACT RESIDENTIAL ZONE (OIR)  $1 153.096 PERMITTED USES.  In the OIR Zone, building and/or land shall be used for the following purposes:  (A) Single-family and large single-family dwellings;  $153.100 SITE REQUIREMENIS.  (D) Density.  (1) For any multi-family, cottage courts, cluster homes, or hotel development, the maximum  Floor Area Ratio (FAR) shall be up to 0.40 with the following exceptions-:  (la) Increase the minimum required side yard setbacks by two feet on each side, the FAR  shall be up to 0.45; and  (2b) Provide a dedicated/recorded five-foot public easement along a side property line for public access to the. Atlantic Ocean in addition to (1)(a) above, the FAR shall be up to 0.50. (2) For large single-family dwellings. the maximum Floor Area Ratio (FAR) shall be upto  0.25 with the following exceptions:  (a) Limit stacked parking to four (4) vehicles, the FAR shall be up to 0.30: and  DRAFT Amendment Chapter 153, Zoning  153.002 Definitions, 153.076 Off Street Parking and Loading, 153.096 Permitted Use Ocean Impact Residential Zone, and 153.100 Site Requirements Ocean Impact Residential Zone- Define Large Single-Family Dwelling, require an Access Aisle, and apply Floor Area Ratio  (FAR) for Large Single Family Dwellings (over 6,000SF).  Page-3-of5    (b) Increase minimum side yard setbacks by two (2) feet on each side in addition to  (2)(a) a above. the FAR shall be up to 0.35.  BE ITI FURTHER ORDAINED that it is the intent oft the Board ofCommissioners that the provisions ofthis ordinance shall be made aj part oft the Kill Devil Hills Code of Ordinances; the sections ofthis ordinance may be re-numbered or re-lettered; and the word "ordinance" may be changed to "section,""article," "chapter," or other appropriate designation to accomplish such This amendment to Chapter 153, Zoning, shall be in full force and effect from and after  intention as needed. the by a vote of SEAL  day of  202_. Adopted and approved by the Board ofCommissioners of  the Town ofKill Devil Hills at ai regular meeting held on1 the  day of  202,  ini favor and  opposed.  John Windley Mayor  ATTEST:  James Michael O'Dell Town Clerk  APPROVED ASTO FORM:  Casey C. Varnell Town Attorney  DRAFT Amendment Chapter 153, Zoning  153.002 Definitions, 153.076 Off Street Parking and Loading, 153.096 Permitted Use Ocean Impact Residential Zone, and 153.100 Site Requirements Ocean Impact Residential Zone- Define Large Single-Family Dwelling, require an Access Aisle, and apply Floor Area Ratio  (FAR): for Large Single Family Dwellings (over 6,000 SF).  Page-4-of5    The undersigned hereby certifies that the foregoing official amendment, designated AN ORDINANCE AMENDINGTHE KILL DEVIL HILLSTOWN CODE, CHAPTER 153,  ZONING, was placed in the Kill Devil Hills Town Code Book on1 the  day of  202, at  .m.  James Michael O'Dell Town Clerk  DRAFT Amendment Chapter 153, Zoning  153.002 Definitions, 153.076 Off Street Parking and Loading, 153.096 Permitted Use Ocean Impact Residential Zone, and 153.100 Site Requirements Ocean Impact Residential Zone- Define Large Single-Family Dwelling, require an Access Aisle, and apply Floor Area Ratio  (FAR): for Large Single Family Dwellings (over 6,000S SF).  Page-5-of5