Board of Commissioners

MINUTES TOWN OF NAGS HEAD BOARD OF COMMISSIONERS REGULAR MEETING WEDNESDAY, JUNE 6, 2018 The Nags Head Board of Commissioners met in the Board Room of the Nags Head Municipal Complex located at 5401 S Croatan Highway in Nags Head, North Carolina on Wednesday, June 6, 2018 at 9:00 a.m. Board members Mayor Ben Cahoon; Mayor Pro Tem Susie Walters; Comr. Renée Cahoon; Present: Comr. Webb Fuller; and Comr. Mike Siers Board members None Absent: Others present: Town Manager Cliff Ogburn; Attorney John Leidy; Andy Garman; Kevin Brinkley; Kevin Zorc; Amy Miller; Brie Floyd; Roberta Thuman; Holly White; Ralph Barile; David Ryan; Kelly Wyatt; Adam Mullins; Tim Armstrong; Paige Griffin; Louis Toth; Steve McRanda; Mike Norway; Mark Kasten; and Town Clerk Carolyn Morris CALL TO ORDER Mayor Cahoon called the meeting to order at 9:00 a.m. A moment of silent meditation was followed by the Pledge of Allegiance. ADOPTION OF AGENDA MOTION: Comr. Renée Cahoon made a motion to adopt the agenda with the removal of agenda item #F-6 re: Extension of storm debris monitoring/removal contracts and agenda item #G-2 re: Public Hearing to consider zoning ordinance text amendments pertaining to regulations of small cell wireless facilities - to be considered at the June 20, 2018 mid-month meeting. The motion was seconded by Mayor Pro Tem Walters which passed unanimously. INTRODUCTION OF 2018 LIFEGUARDS Fire Chief Kevin Zorc introduced Ocean Rescue Director Captain Chad Motz who reported that the 2018 lifeguards began work during the Memorial Day weekend. Each lifeguard introduced themselves. On behalf of the Board, Mayor Cahoon thanked all of the lifeguards and wished everyone a safe summer. RECOGNITION Dep Town Manager Andy Garman introduced new Chief Building Inspector Cory Tate who was welcomed by the Board to Town employment.  Nags Head Board Meeting Minutes June 6, 2018 Dep Fire Chief Shane Hite introduced new Firefighter/EMT Adam Mullins who was welcomed by the Board to Town employment. Police Chief Kevin Brinkley introduced Police Officer First Class Tim Armstrong who was congratulated by the Board for five years of service. Mayor Cahoon introduced Paige Griffin who was recently hired by the Town as Dowdy Park Event Coordinator. Board members wished her well in her position. PUBLIC COMMENT No one spoke during Public Comment. CONSENT AGENDA The Consent Agenda consisted of the following agenda items: - Budget Adjustment #12 to FY 17/18 Budget - Tax Adjustment Report - Approval of minutes - Ordinance amending Town Code Chapter 30-6 re: storage of trash and recycling carts - Appointment to Nags Head Leasing Corporation - Request for Public Hearing to consider Conditional Use Application to construct a private dock at Lone Cedar Village Subdivision MOTION: Comr. Renée Cahoon made a motion to approve the Consent Agenda as presented [item #F-6 re: Extension of storm debris contracts was removed]. The motion was seconded by Comr. Siers which passed unanimously. Budget Adjustment #12, as approved, is attached to and made a part of these minutes as shown in Addendum “A”. The Tax Adjustment Report, as approved, is attached to and made a part of these minutes as shown in Addendum “B”. The agenda summary sheet re: the ordinance amending Town Code Chapter 30 concerning trash cart storage read in part as follows: “At the Board of Commissioners January 18-19, 2018 Retreat sanitation and recycling was discussed which included cart roll back. It was Board consensus to amend the ordinance that requires trash carts to be rolled back to the house to require that the carts be rolled to out of the right of way – this was due in part to enforcement concerns. ‘Attached please find the ordinance amending Sec. 30-6 of Town Code Chapter 30 Solid Waste Management for Board consideration on June 6th.” 2  Nags Head Board Meeting Minutes June 6, 2018 The ordinance amending Chapter 30-6, as adopted, is attached to and made a part of these minutes as shown in Addendum “C”. The agenda summary sheet re: Nags Head Leasing Corporation appointment, as approved, read in part as follows: “At the June 6th Board of Commissioners meeting, request Board appointment [of Cliff Ogburn] to the Nags Head Leasing Corporation. ‘Nags Head Leasing Corp – Nags Head Leasing Corporation is not a Town Board/Committee but is used as a vehicle for financing projects when it is beneficial. In accordance with its By-Laws (attached), the Nags Head Board of Commissioners is requested to appoint one of its Board of Directors (there are four directors). Anticipate Cliff Ogburn, Emily Lewis, Mary Beth Morren, and Hugh Rawlins to be elected directors at their annual meeting scheduled for June 7th.” The request for Public Hearing, as approved, read in part as follows: “Thomas and Patricia Bonday have submitted a Conditional Use/Site Plan application for construction of a private dock. The property is zoned R-1, Low Density Residential and is located in Lone Cedar Village Subdivision, Lot 8. The property is currently vacant however Town Code Section 48-402(c)(5) permits the construction of a private dock as a stand-alone structure in the R-1 District subject to the issuance of the appropriate CAMA General Permit and various other conditions. ‘Planning Board Recommendation: At its May 15, 2018 meeting the Planning Board voted unanimously to recommend approval of the Conditional Use/Site Plan application contingent upon the issuance of the CAMA General Permit prior to Board of Commissioners’ consideration.” PUBLIC HEARINGS Public Hearing to consider citizen comment on the Town Manager’s proposed operating budget for July 1, 2018 – June 30, 2019, proposed CIP requests for FY 18/19 through FY 22/23, and updated Consolidated Fee Schedule Attorney Leidy opened the Public Hearing to consider citizen comment on the Town Manager’s proposed operating budget for FY 2018/2019, proposed CIP requests for FY 18/19 through FY 22/23, and the updated Consolidated Fee Schedule to be effective July 1, 2018. The time was 9:20 a.m. Town Manager Ogburn summarized the memo from Finance Officer Amy Miller which read in part as follows: “Changes from Recommended Budget to Adopted Budget for Fiscal Year 2018-2019: ‘General Fund • Police professional fees decreased by ($8,625) for physicals covered by insurance and by ($190) for the LEO actuarial valuation study paid for in Administrative Services total decrease ($8,815) • Eliminate credit card transaction fees in Administrative Services contracted services ($16,400) • Adopt contribution to the water fund at $107,615 to record a transfer to repay an Interfund debt on land • Increase appropriated fund balance by $82,400, from $350,000 to $432,400 3  Nags Head Board Meeting Minutes June 6, 2018 ‘Total General Fund increase $82,400 ‘General Fund budget ordinance increased from $19,062,987 to $19,145,387 ‘Water Fund • Eliminate credit card transaction fees Water Administration ( $3,600) • Adopt contribution from the General Fund at $107,615 to record a transfer to repay an Interfund debt on land • Decrease retained earnings appropriation by $111,215, from $663,732 to $552,517 ‘Total Water Fund decrease ($3,600) ‘Water Fund budget ordinance decreased from $3,675,955 to $3,672,355” As there was no one present who wished to speak, Attorney Leidy concluded the Public Hearing at 9:23 a.m. REPORTS AND RECOMMENDATIONS FROM THE PLANNING BOARD AND THE PLANNING AND DEVELOPMENT DIRECTOR Consideration of a Site Plan Application submitted by Albemarle & Associates, Ltd. on behalf of Charter Communications for construction of a 3,576 square foot, one-story office building located at 2400 S. Virginia Dare Trail, Nags Head Comr. Renée Cahoon stated that due to her recent experience with Charter, specifically concerning how they deal with the local business community, she is unable to be completely objective during this discussion. MOTION: Mayor Pro Tem Walters made a motion to excuse Comr. Renée Cahoon from this agenda item discussion. The motion was seconded by Comr. Siers which passed unanimously. Mayor Cahoon asked to be recused as his firm, Cahoon & Kasten, did the architecture work for this project. MOTION: Mayor Pro Tem Walters made a motion to recuse Mayor Cahoon from this agenda item discussion. The motion was seconded by Comr. Siers which passed 4 – 0 (Comr. Renée Cahoon was excused.). Comr. Fuller stated that although he feels the same way as Comr. Renée Cahoon, he would be able to impartially address this site plan review. Dep Planning and Development Director Kelly Wyatt summarized her staff report which read in part as follows: “Applicant: Albemarle & Associates, Ltd. on behalf of Charter Communications. Application Request: Site Plan Review. Purpose: Construction of a one-story 3,440 square foot office structure. Property Location: 2400 S. Virginia Dare Trail, Nags Head. Existing Land Use: Warehouse accessory structure. Zoning Classification of Property: C2, General Commercial District. 4  Nags Head Board Meeting Minutes June 6, 2018 ‘Zoning Classification of Surrounding Properties: Properties to the north of this site, directly across Gallery Row, are zoned C-2, General Commercial and are developed residentially. Properties south of this site are zoned C-2, General Commercial (Seagreen Gallery & vacant land). Properties to the east, directly across S. Virginia Dare Trail, are zoned CR Commercial Residential and are developed residentially. Property to the west, directly across S. Memorial Avenue, is zoned C4, Village Commercial and is developed residentially. ‘Flood Hazard Zone of Property: AE 10, lowest horizontal structural member of lowest floor shall be no lower than 11 ft. msl. First floor elevation proposed at 11.83 ft. msl. ‘Land Use Plan Map/Policies: The 2017 Comprehensive Plan Future Land Use Map classifies this property as Neighborhood Commercial. This property is located within the Neighborhood Commercial Activity Node as well. The proposal is consistent with land use policies. ‘SPECIFIC INFORMATION ‘Applicable Zoning Regulations: • Use Regulations: Professional Office is a permitted use within the C-2, General Commercial Zoning District. • Lot Coverage: Total allowable lot coverage for this site is 55% however the site is nonconforming. Prior to re-development of the site existing lot coverage was 61.8%. Proposed lot coverage is 59% therefore resulting in an overall decrease in the degree of nonconformity. Lot coverage is compliant. • Building Height: The maximum allowable building height within the Town is 35 ft. however, pursuant to Town Code Section 48-371(c), total height may be increased to 42 ft. with the use of an 8:12 roof pitch or greater. The height of the proposed structure is 28.7 ft. with an 8:12 roof pitch shown therefore height is compliant. • Architecture Design Standards: Town Code Section 48-371 requires a total of 125 architectural design points be obtained. The attached architectural plan sheet indicates a total of 127 design points will be achieved through the use of porches, pitched roofs, combination base form, simulated wood shingles and various other architectural elements. • Parking: Required parking for this project is being provided in compliance with the Office standard of one space per office or work space plus a minimum of two customer parking spaces. With 10 offices/workstations, customer parking spaces and a minimum of 5 parking spaces required for the warehouse, a total of 17 parking spaces are required. A total of 24 parking spaces have been provided. Therefore, parking is compliant. • Buffering/Landscaping: As part of the redevelopment of this site, the applicant has proposed a compliant Buffer Yard C where parking is adjacent to a public right-of-way pursuant to Town Code Section 48-163(12). Due to the locations of the 10 x 70 sight triangles along the Gallery Row entrances/exists there are only shrubs, ornamental grasses and herbaceous plants provided as there are no opportunities for trees within this buffer yard. During the Technical Review meeting, staff requested that the applicant consider alternatives to the chain-link fence along the northern property boundary, adjacent to Gallery Row, in an effort to 5  Nags Head Board Meeting Minutes June 6, 2018 provide more screening of the warehouse, parking and equipment storage areas. To address this request the applicant has proposed to construct a 6 ft. tall wooden fence in front of the chain-link fence. Additionally, the applicant has proposed to plant approximately seven Leyland Cypress trees along the north side of the warehouse. The scope of work proposed does not necessitate compliance with open space preservation requirements or interior parking lot landscaping. • Lighting: Lighting has been reviewed and approved. A light audit will be conducted prior to issuance of Final Zoning Approval and to ensure continued compliance. • Signage: The applicant has indicated that there is no need for signage at this time. Any proposed future signage will be reviewed and approved prior to issuance of zoning and building permits. ‘Water and Sewage Disposal: The Dare County Health Department has issued an Improvement Permit for construction of an office building and connection to the existing septic system (attached). ‘Stormwater Management: The Town Engineer has provided comments in a memo dated May 11, 2018 regarding Stormwater Management. The proposed stormwater management plan is compliant with the requirements listed in Chapter 34 – Stormwater, Fill and Runoff Management. ‘Traffic Circulation: The Town Engineer’s memo of May 11, 2018 also addresses traffic circulation requirements. The proposed internal traffic circulation layout is compliant with the provisions of Chapter 48 – Zoning, conditioned upon the revision of the driveway culvert pipe as noted in item #2 of the memo. Note in the revised memo by the Town Engineer dated May 29, 2018 that this has been properly addressed. ‘The Town Engineer has issued a revised memo dated May 29, 2018 noting compliance with provisions of the May 11, 2018 memo. ‘Fire: This project will be required to comply with all applicable NC Fire Prevention Code requirements as part of building permit application review and issuance. ‘Public Works: The Public Works Director has reviewed and approved the proposal as presented. ‘ANALYSIS Staff finds that the project is consistent with the proposed use and development standards of the Town Code of Ordinances and further finds the proposal of a 6 ft. tall wooden fence adjacent to Gallery Row and S. Memorial Avenue is in keeping with the intent of the district. ‘STAFF RECOMMENDATION Staff recommends approval of the Site Plan as presented contingent upon compliance with all comments provided by the Town Engineer as noted in his memo dated May 11, 2018. The Town Engineer has issued a revised memo dated May 29, 2018 noting compliance with provisions of the May 11, 2018 memo. ‘PLANNING BOARD RECOMMENDATION At its May 15, 2018 meeting, the Planning Board voted unanimously to recommend adoption of the proposed Site Plan as presented contingent upon compliance with all comments provided by the Town Engineer as noted in his memo dated May 11, 2018.” 6  Nags Head Board Meeting Minutes June 6, 2018 Town Engineer David Ryan’s memo dated May 29, 2018 is attached to and made a part of these minutes as shown in Addendum “D”. Project Engineer Mike Norway, Architect Mark Kasten, and a Charter representative were present. MOTION: Comr. Fuller made a motion to approve the site plan application for Charter Communications construction – a one-story office building located at 2400 S Virginia Dare Trail - as presented. The motion was seconded by Comr. Siers which passed 3 – 0 (Mayor Cahoon and Comr. Renée Cahoon were recused.). Mayor Cahoon and Comr. Renée Cahoon returned to the Board meeting. Consideration of amendment to Town Code Chapter 8 Beaches and Waterways re: tents on the beach Dep Town Manager Andy Garman summarized his report which read in part as follows: “At the Board’s direction, staff has prepared an amendment to the town’s ordinance related to the manner in which beach equipment can be used on the beach. In 2014, the Board adopted an ordinance requiring the removal of unattended personal items from the beach between the hours of 8 pm and 7 am. The ordinance also provided Ocean Rescue and Emergency personnel the ability to direct the placement of tents and canopies to facilitate the movement of emergency vehicles and preserve the line of sight from lifeguard stands. ‘The Board has requested an additional amendment to this ordinance which limits the overall size, height, and spacing of tents and canopies. The proposed ordinance states that tents and canopies cannot be greater than 12’ by 12’, no taller than nine feet high, and must be spaced at least 10 feet apart. This ordinance is designed to further the public safety objectives of the original ordinance by controlling the overall size of equipment used on the beach. Additionally, large parties frequently use multiple tents and canopies to control large sections of beach, which are often unoccupied for portions of the day. This ordinance would establish spacing requirements to limit this practice.” Comr. Renée Cahoon noted that the ordinance is needed due to less beach and more competition for space. Mayor Cahoon pointed out that more communication with the commercial companies setting up tents on the beach will be needed especially because of the “tight” beach. MOTION: Comr. Fuller made a motion to adopt the ordinance amending Town Code Chapter 8 re: tents on the beach as presented. The motion was seconded by Comr. Siers which passed unanimously. The ordinance, as adopted, is attached to and made a part of these minutes as shown in Addendum “E”. OLD BUSINESS/ITEMS TABLED FROM PREVIOUS MEETINGS Town Manager Ogburn - 2019 Beach Nourishment Project - Consideration of Interlocal Agreement with Dare County 7  Nags Head Board Meeting Minutes June 6, 2018 The agenda summary sheet was summarized by Town Manager Ogburn and read in part as follows: “At the May 2nd Board of Commissioners meeting, the Board authorized the Town Manager to execute the Town portion of the contract with Great Lakes Dredge & Dock Co. for a 2019 beach nourishment project. ‘At the June 6th Board of Commissioners meeting request Board review and approval of the following documents: - Consideration of Interlocal Agreement with Dare County - Consideration of Findings Resolution (Special Obligation Bonds for forwarding to Local Government Commission) ‘Attached please find, for Board consideration, the Interlocal Agreement with Dare County to assist with funding – and the required “Findings” resolution directing the application for 2018 Special Obligation Bonds to be forwarded to the Local Government Commission for review/approval. This is for both the Town portion and the FEMA portion together as a joint project.” Town Manager Ogburn summarized the interlocal agreement with Dare County for the proposed 2019 Beach Nourishment project – $25 million from the Town with the first half of that paid for by special obligation bonds, and Dare County paying for the second half. He stated that the Town is very thankful for the County fund. MOTION: Comr. Renée Cahoon made a motion to approve the Interlocal Agreement between the Town of Nags Head and Dare County re: funding for half of the Town’s 2019 Beach Nourishment Project as presented. The motion was seconded by Mayor Pro Tem Walters which passed unanimously. - Consideration of Findings Resolution Mayor Pro Tem Walters questioned the status of the FEMA funds; Town Manager Ogburn stated that he is now waiting for the official letter of award from FEMA. MOTION: Comr. Fuller made a motion to adopt the Findings Resolution in support of the Town applying for Local Government Commission approval for funding for the 2019 Beach Nourishment Project as presented. The motion was seconded by Mayor Pro Tem Walters which passed unanimously. The resolution, as adopted, read in part as follows: “WHEREAS, the Board of Commissioners (the “Board”) of the Town of Nags Head, North Carolina (the “Town”) hereby determines that it is necessary to provide beach nourishment for the purpose of beach erosion control and flood and hurricane protection works (the “Project”); ‘WHEREAS, there are two separate funding sources for the Project, with approximately 2.3 million cubic yards of sand for the Project ultimately being funded by the Town and Dare County (the “Town Portion”) and approximately 1.4 million cubic yards of sand for the Project ultimately being funded by a grant from the Federal Emergency Management Agency (the “FEMA Portion”); ‘WHEREAS, the Town has created a Municipal Service District (the “MSD”), in accordance with Article 23 of Chapter 160A of the North Carolina General Statutes, in which the Project will be located; ‘WHEREAS, the Board is considering the issuance of two series of special obligation bonds, a series of special obligation bonds to finance the Town Portion of the Project and related costs of issuance (the “2018A Bond”) in an aggregate principal amount not to exceed $12,000,000 and a series of special obligation bonds to finance the FEMA Portion of the Project and related costs of issuance (the “2018B 8  Nags Head Board Meeting Minutes June 6, 2018 Bond” and collectively with the 2018A Bond, the “2018 Bonds”) in an aggregate principal amount not to exceed $17,000,000; ‘WHEREAS, the Town has retained (A) Parker Poe Adams & Bernstein LLP, as bond counsel for the 2018 Bond and (B) DEC Associates Inc., as financial advisor for the 2018 Bonds; ‘WHEREAS, the Board wants the Town Finance Director (1) to file with the North Carolina Local Government Commission (the “Commission”) an application for its approval of the 2018 Bonds, on a form prescribed by the Commission, (2) to request in such application that the Commission approve (a) the negotiation of the sale of the 2018 Bonds to a financial institution (the “Purchaser”) to be determined by the Authorized Officers, as defined herein, through a private placement and (b) the financing team for the 2018 Bonds, (3) to state in such application such facts and to attach thereto such exhibits in regard to the 2018 Bonds and to the Town and its financial condition, as may be required by the Commission, and (4) to take all other action necessary for the issuance of the 2018 Bonds; and ‘NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE TOWN OF NAGS HEAD, NORTH CAROLINA, AS FOLLOWS: ‘Section 1. That the 2018 Bonds are to be issued by the Town for the purpose of providing funds (1) to finance the costs of the Project and (2) to pay the costs of issuing the 2018 Bonds, as set out fully in the documents attached to the Town’s application to the Commission. The use of the proceeds of the 2018 Bonds, as described, is necessary in order to provide for beach erosion control and flood and hurricane protection works in the MSD. ‘Section 2. That the Finance Director, or her designee, is hereby authorized directed and designated to file an application with the Commission for its approval of the issuance of the 2018 Bonds and are hereby authorized to request bids from financial institutions for the purchase of the 2018 Bonds. ‘Section 3. In addition to the bond counsel and the financial advisor, the Authorized Officers are each hereby authorized to retain the services of other professionals as they deem necessary and appropriate to complete the transactions contemplated by this Resolution. ‘Section 4. The Board finds and determines and asks the Commission to find and determine from the Town’s application and supporting documentation: (1) that the issuance of the 2018 Bonds is necessary or expedient; (2) that the not to exceed stated principal amounts of the 2018 Bonds will be sufficient but is not excessive, when added to other moneys available to the Town, for the proposed Project; (3) that the proposed Project is feasible; (4) that the Town’s debt management procedure and policies are good; and (5) that the 2018 Bonds can be marketed at a reasonable interest cost to the Town. ‘Section 5. The Mayor, the Town Manager, the Deputy Town Manager, the Finance Director and the Town Clerk are hereby authorized, individually and collectively (the “Authorized Officers”), to do any and all other things necessary to complete the steps necessary for the issuance of the 2018 Bonds. 9  Nags Head Board Meeting Minutes June 6, 2018 ‘Section 6. This Resolution is effective on the date of its adoption.” NEW BUSINESS Committee Reports Mayor Cahoon – Rural Day in Raleigh, NC Mayor Cahoon recently attended Rural Day in Raleigh where he listened to presentations on health care and entrepeneurship in small communities, among other topics. Board/Committee appointments - Appointment to Arts and Culture Committee Mayor Pro Tem Walters nominated Samantha Lock to serve on the Town Arts and Culture Committee. There were no other nominations. MOTION: Comr. Fuller made a motion to approve by acclimation the appointment of Samantha Lock to the Arts & Culture Committee. The motion was seconded by Comr. Renée Cahoon which passed unanimously. Comr. Fuller asked that future applications for board/committee appointments not include age and gender. Mayor Pro Tem Walters stated that this information is included to verify diversity. Mayor Cahoon stated that the Board would take Comr. Fuller’s comments into consideration. Discussion/update on FOCUS Unified Development Ordinance including suggested strategies/ schedule to implement policy elements from the Comprehensive Plan Planner Holly White summarized her memo which read in part as follows: “As it stands, Articles 1-6 of the draft UDO have been reviewed by the Technical Committee and staff has been working diligently with the consultant to complete a draft of Article 7 - Supplemental Standards. Concurrently, due to the time intensive nature of this project, the Board of Commissioners has requested that staff move forward several issues identified during the Comprehensive Planning process ahead of the UDO completion. These items include: • Sidewalk Construction - evaluating ordinance options that would require the inclusion of sidewalks as part of development or pay a fee in-lieu of constructing these facilities directly. • Homestay/Short-term rentals - evaluate and research regulations related to non-traditional short- term rental and homestay businesses, such as AirBnB or VRBO. • Affordable/Workforce housing- working with the Local Business Committee, Chamber of Commerce and other municipalities to explore options for development of affordable/workforce housing. ‘Many of the major policy objectives outlined in the Comprehensive Plan are addressed in Articles 1-8 of the UDO, which primarily relate to zoning. Recognizing that the Board is concerned with implementing policy objectives from the Comprehensive Plan without losing ground as new development occurs, staff would suggest bringing forward these portions of the UDO as soon as they are complete, rather than 10  Nags Head Board Meeting Minutes June 6, 2018 waiting until the end of the project. Articles 1-8 would address the following policy considerations outlined in the Comprehensive Plan: A. Reevaluating uses for each of our zoning districts to ensure that the uses align with the intent of each district. This includes the uses that may be appropriate for the commercially zoned portions of the soundfront, Nags Head Woods, the oceanfront, and the beach road and bypass. B. Establishing appropriate development standards for various areas of town in terms of scale, massing, overall building size, and architectural features. C. Diversifying the town’s housing stock and accommodations. Examples suggested in the Comprehensive Plan include accessory dwelling units, residential as accessory to commercial and/or mixed use, cottage courts, and re-evaluating regulations for hotels. D. Providing a new approach to evaluating commercial projects in terms of commercial design standards. These would more holistically address overall project design rather than focusing on building design. The commercial design standards would address scale and massing, building size, architectural features, building orientation on the site including how buildings address the street and pedestrian environment, landscaping and buffering, open space, utility design, parking lot design, traffic circulation, access to town/state streets, lighting, signage, fire lane requirements, etc. These standards would now be in one section of the ordinance rather than distributed in different sections. The design approach would be defined based on character areas and/or corridors recognizing that different configurations and building types are appropriate depending on the location of sites. E. Beach road zoning – incorporating more flexibility for home occupations and combinations of residential and non-residential uses. This may include more combinations of residential and non- residential uses on the same site to provide businesses with better opportunities to provide workforce housing. F. Creating flexible zoning standards for neighborhood commercial activity nodes as shown on the future land use map to encourage commercial infill in these areas of town (i.e. Whalebone Junction, Bonnett/NC 12). G. Providing flexibility for development and redevelopment. H. Defining an appropriate size and scale of development for the oceanfront. I. Encouraging resilient development practices that preserve the natural environments and estuarine and ocean shorelines. ‘Articles 1-8 include ordinance definitions, zoning district descriptions including several new zoning districts, the table of permitted/prohibited uses, supplemental standards for all uses, zoning district standards and dimensional requirements, and commercial design guidelines. This approach would only leave portions of Article 9 Performance standards (Manufactured Homes, Telecommunications, and Subdivision Regulations), Article 10 Environmental Regulations (Flood Damage Prevention, Sedimentation and Erosion Control, and Stormwater), and Appendix A Definitions to completed later. Moving forward in this way would allow the town to accomplish its objectives as development continues to occur and will provide more time to work on other elements of the UDO without losing ground on major policy objectives. ‘Action Staff seeks feedback and direction from the Board of Commissioners concerning the adoption of draft Articles 1-8 along with the revised Commercial Design Standards ahead of the remaining articles of the UDO. 11  Nags Head Board Meeting Minutes June 6, 2018 ‘Included on the following pages are specific references from the Comprehensive Plan which describe the goals, objectives and policies which would be addressed by Articles 1-8 of the UDO. ‘Comprehensive Plan As described in the town’s vision in the Comprehensive Plan, “We strive to preserve and protect the Nags Head character, environment, tourism based economy, and sense of place in order to ensure a high quality of life for residents and a memorable family vacation experience for present and future generations.” ‘Central to implementing this vision are the Guiding Themes identified through the planning process. These themes were repeatedly brought up by the committee and public during the process and serve as a foundation for the policies and actions in the plan and the goals of the UDO project. The Guiding Themes include: Architectural Integrity Allow flexibility to maintain the unique, quirky character by examining the design review process and allowing nonconforming structures to renovate and expand. Beach Road vs Bypass Recognize that the Beach Road and the Bypass are two distinct areas with unique characteristics and should have different standards for development. Protecting Conversion of Commercial Property to Residential Encourage commercial development in appropriate places, in defined activity nodes, and at appropriate scales to support the existing commercial businesses along Beach Road. Continuing investment in infrastructure to further develop bike and pedestrian connections is paramount to this. Shopping Centers and Large Format Development Direct large format commercial development to existing activity nodes. Character Areas Recognize areas that each have their own unique characteristics and where more detailed planning and implementation of certain policies, investment, incentives, or regulations may be applied in order to preserve, improve, or influence their future development patterns that are consistent with the town’s vision. Oceanfront Encourage future development that is resilient and more adaptable to changing conditions. (i.e.: low-density, smaller, more adaptable buildings, VE zone standards, reduce accessory structures in CAMA setback) Preservation of Existing Business Provide flexibility to nonconforming properties for renovations and updates, allowing them to remain relevant in the market. This would include flexibility during design review. Greater Diversity in Housing and Accommodations Encourage hotel development, cottage courts, and accessory dwelling in appropriate locations. Connectivity Provide increased connectivity between homes, businesses, recreational opportunities, and other key destinations in town resulting in a more walkable community and healthier way of life. Healthy Small, Local Business Economy Support small, local businesses, recognizing the value that many of the small businesses contribute to the sense of place, quality of life, and high quality visitor experience within the town 12  Nags Head Board Meeting Minutes June 6, 2018 Arts and Cultural Resources Recognize the impact of culture and arts on the economy and quality of life. Environmental Quality Adapt to changing future conditions in a way that allows the town to be more resilient without long-term damage to the economy, environment, or quality of life. ‘The vision, goals, guiding themes, policies, and actions of the Comprehensive Plan collectively define the “Nags Head character” as referenced in the vision statement and speak to the appropriate development character in terms of scale, massing, overall building size, and architectural features. The Nags Head character is best summarized by policy LU-1: LU-1 Ensure that the character of Nags Head is preserved as a single-family residential beach community with ties to its natural environment. This character is defined by: Development that blends with the landscape, preserving natural vegetation, dunes, open spaces, and environmental quality. A visible and dark night sky maintained by lighting that is minimal and carefully designed. Views from the ocean beach of dunes and vegetation and structures that are low in height, blend with the landscape, and don’t shade the beach. Buildings with a residential scale and appearance with low heights and small footprints that are designed to reflect the heritage of Nags Head. Commercial development that serves the needs of residents and visitors but respects the goals of the community related to design and appearance. Land uses that are compatible with the community and with adjacent properties that don’t create excessive noise, light, unsafe conditions, or other nuisances. A land use pattern that preserves residential neighborhoods and establishes walkable nodes of commercial development that attract patrons and strengthen business opportunity. Signage that provides adequate communication but does not dominate the landscape. Development of low density and intensity served primarily with on-site wastewater systems. ‘Many of the policies and actions related to preserving the character of town are accomplished through the UDO rewrite of the codes. While these policies and actions will be addressed through the UDO in multiple ways, they will primarily be addressed within the commercial design standards. There are also other policies from the plan that would be achieved through the UDO including: A. Reevaluating uses for each of our zoning districts to ensure that the uses align with the intent of each district. This includes the uses that may be appropriate for the commercially zoned portions of the soundfront, Nags Head Woods, the oceanfront, and the beach road and bypass. o Supported by policies:  LU-2 Develop separate zoning districts and regulations that recognize the appropriate scale and pattern of development for the US 158 and NC 12 corridors.  LU-5 Promote contiguous and cohesive nodes of commercial development of appropriate size and massing for the surrounding area.  LU-9 Encourage land uses that serve the needs of both year-round and seasonal residents in support of the town’s overall vision for the community. B. Establishing appropriate development standards for various areas of town in terms of scale, massing, overall building size, and architectural features. o Supported by policies: 13  Nags Head Board Meeting Minutes June 6, 2018  LU-2 Develop separate zoning districts and regulations that recognize the appropriate scale and pattern of development for the US 158 and NC 12 corridors.  LU-5 Promote contiguous and cohesive nodes of commercial development of appropriate size and massing for the surrounding area.  LU-15 Promote architectural standards for commercial development in keeping with the Nags Head style architecture.  LU-24 Support land use compatibility and business development through flexibility in the application of design standards that achieves project goals and preserves the overall spirit and intent of the town’s ordinances and land use goals. C. Diversifying the town’s housing stock and accommodations. Two examples suggested in the plan include allowing accessory structures, allowing cottage courts, and re-evaluating regulations for hotels. o Supported by policy:  LU-27 Promote and expand the types of housing and accommodations for varying income levels, aging populations, and the seasonal workforce within the town. D. Providing a new approach to evaluating commercial projects in terms of commercial design standards. These would more holistically address overall project design rather than focusing on building design. The commercial design standards would address scale and massing, building size, architectural features, building orientation on the site including how buildings address the street and pedestrian environment, landscaping and buffering, open space, utility design, parking lot design, traffic circulation, access to town/state streets, lighting, signage, fire lane requirements, etc. These standards would now be in one section of the ordinance rather than distributed in different sections. The design approach would be defined based on character areas and/or corridors recognizing that different configurations and building types are appropriate depending on the location of sites. o Supported by policies:  LU-15 Promote architectural standards for commercial development in keeping with the Nags Head style architecture.  LU-16 Preserve the dark night sky through implementation and enforcement of quality lighting fixtures and codes, dark sky education, and citizen support.  LU-18 Encourage signage that is designed to serve the needs of residents and visitors but respects the goals of the community related to design and appearance.  LU-19 Support signage that provides adequate communication but does not dominate the landscape. The town will not permit signs or attention getting devices that flash, spin, rotate, blink, or are digital. Signs shall not be directed to or face the ocean beach or sound waters.  LU-20 Protect and preserve existing vegetation until necessary for development. Avoid clearing lots prior to the actual preparation of sites for development.  LU-21 Protect and preserve mature vegetation where possible on development sites and within rights-of-way rather than removing vegetation and replanting.  LU-22 Improve the overall success and survivability of landscape plantings through careful selection of vegetation that will withstand the anticipated exposure to wind and salt.  LU-23 Require sufficient parking for commercial businesses with parking area design regulations that limit impacts on neighbors and surrounding land uses.  LU-24 Support land use compatibility and business development through flexibility in the application of design standards that achieves project goals and preserves the overall spirit and intent of the town’s ordinances and land use goals. 14  Nags Head Board Meeting Minutes June 6, 2018  LU-26 Support access management strategies for individual developments that are appropriate based on a roadway’s functional characteristics, surrounding land uses, and users (location and spacing of permitted driveways). E. Beach road zoning – incorporating more flexibility for home occupations and combinations of residential and non-residential uses. This may include more combinations of residential and non- residential uses on the same site to provide businesses with better opportunities to provide workforce housing. o Supported by policies:  LU-4 Encourage a balance of land uses along the Beach Road characterized by a diversity of accommodations and small, neighborhood serving businesses.  LU-11 Support mixed use development or accessory residential dwellings that combine commercial and residential uses along NC 12 and in designated commercial activity centers located between US 158 and NC 12. F. Creating flexible zoning standards for neighborhood commercial activity nodes as shown on the future land use map to encourage commercial infill in these areas of town (i.e. Whalebone Junction, Bonnett/NC 12). o Supported by policy:  LU-11 Support mixed use development or accessory residential dwellings that combine commercial and residential uses along NC 12 and in designated commercial activity centers located between US 158 and NC 12.  EC-5 Direct new commercial growth into neighborhood commercial nodes, activity centers, or areas currently zoned for commercial development with emphasis on reuse of existing structures. G. Providing flexibility for development and redevelopment. o Supported by policies:  LU-24 Support land use compatibility and business development through flexibility in the application of design standards that achieves project goals and preserves the overall spirit and intent of the town’s ordinances and land use goals.  LU-25 Support continued use and improvement of non-conforming properties.  EC-6 Support and foster small, local businesses that preserve and uphold the vision and legacy of the town. H. Defining an appropriate size and scale of development for the oceanfront. o Supported by policies:  LU-3 Recognize a low-density pattern of development for the oceanfront that is characterized by small scale, adaptable structures.  NR-16 Minimize impacts of future sea level rise. I. Encouraging resilient development practices that preserve the natural environments and estuarine and ocean shorelines. o Support by policies :  LU-7 Review regulations in the Ocean and Sound Waters Overlay District and the Commercial Outdoor Recreation Overlay District to ensure proper use of the ocean and sound waters, including islands that adjoin the town, to ensure the continued scenic, conservation and recreational value that these waters provide to the town, its residents, visitors and the surrounding area. 15  Nags Head Board Meeting Minutes June 6, 2018  LU-8 Ensure proposals for future commercial uses in the sound are not detrimental to the marsh, sound bottom, and submerged aquatic vegetation. Compatible sound uses will not increase turbidity in the water and will maintain overall water quality. The town will not support upland excavations for the development of canals or uses that will destroy significant areas of wetlands or marsh.  NR-4 Preserve important estuarine waterfront viewsheds along the Causeway and in the Whalebone area that contribute to the overall quality of life and sense of place.  NR-11 Ensure that the town is a disaster resilient community that can survive, recover from, and thrive after a natural or man-made disaster event.  NR-16 Minimize impacts of future sea level rise.” Comr. Fuller expressed his concern about the allowance of accessory structures and incorporating more flexibility for home occupations; Mayor Cahoon suggested a workshop since this Board is a new Board. Planner Holly White explained that staff is looking at a process at this time and that to address concerns a workshop would be needed which is part of the original process. Mayor Cahoon questioned the Board about having staff bring forward ¾ of the work completed rather than waiting for the full completion – we would rather capture items of concern several months before in order to get everything ready/adopted as soon as possible. He also asked staff to communicate back to the committee that the Board is not trying to take anything apart that they have been working on. Mayor Pro Tem Walters said that she doesn’t want to wait until the end because while the committee is working, development continues to occur; she would like to see staff move forward and bring back substitutive things to consider and debate. Comr. Renée Cahoon stated that she feels the committee has done their work and it is now up to staff and the Planning Board to discuss. She expressed concern about being able to finish the entire process by this fall. Comr. Siers emphasized that he would like to see it done right rather than trying to meet a specific time schedule. Mayor Cahoon said that he would like to consider fully developed ordinances as soon as made available and brought to the Planning Board through the regular process – with a workshop between the Planning Board and the Board of Commissioners. It was Board consensus that staff move forward with Sections 1 – 8 of the FOCUS Unified Development Ordinance, to include Commercial Design Standards, and to bring forward a final document to the Board for review as soon as possible. Ahead of that a workshop with the Planning Board and the Board of Commissioners is to be scheduled for review of these document sections and to gain feedback in preparation of the final Board adoption. ITEMS REFERRED TO AND PRESENTATIONS FROM TOWN ATTORNEY Town Attorney Leidy – Request for Closed Session Attorney Leidy requested a Closed Session in order to discuss an attorney/client privilege item when all Closed Session items are discussed. 16  Nags Head Board Meeting Minutes June 6, 2018 ITEMS REFERRED TO AND PRESENTATIONS FROM TOWN MANAGER Town Manager Ogburn - Update on July 4th fireworks display Town Manager Ogburn introduced Fire Chief Kevin Zorc who summarized the July 4th fireworks festivities. Chief Zorc thanked the Outer Banks Visitors Bureau for the fireworks grant as well as Nags Head Fishing Pier owners Andy and Lovie McCann for the use of their pier for the fireworks display which is scheduled to take place at 9:20 p.m. on July 4th. Town Manager Ogburn - Request for Closed Session Town Manager Ogburn requested a Closed Session to discuss the potential acquisition of properties and to confer with the Town Attorney regarding a matter within the attorney/client privilege. CLOSED SESSION MOTION: Comr. Fuller made a motion to enter Closed Session, in accordance with GS 143-318.11(a)(5) concerning the potential acquisition of properties located at Cutty Sark Lane (Lot 66) and Carolinian Colony (Lot 36), and in accordance with GS 143-318.11(a)(3) to confer with the Town Attorney regarding a matter within the attorney/client privilege (potential claims or litigation) and to preserve that privilege, and in accordance with GS 143-318.11(a)(2) to discuss honorariums. The motion was seconded by Mayor Pro Tem Walters which passed unanimously. The time is 10:36 a.m. OPEN SESSION The Board re-entered Open Session at 11:52 a.m. Attorney Leidy reported that during Closed Session the Board did discuss three different types of items and took action on one of the items re: an honorarium but it would be premature to disclose any information at this time. BOARD OF COMMISSIONERS AGENDA Comr. Renée Cahoon – Discussion of pedestrian safety in the Whalebone area The agenda summary sheet read in part as follows: “At the June 6th Board of Commissioners meeting, Comr. Renée Cahoon will bring forward for Board discussion the consideration of streetlights in the Whalebone Area for safety reasons due to the volume of pedestrians/vehicular traffic in this area.” Comr. Renée Cahoon said that there are streetlights on NC 12 and at Jennette’s Pier that need to be fixed. In addition she feels that there is a need to address the lack of lighting at the three crosswalks that are close together in this area. Comr. Fuller asked that the streetlights at beach accesses be checked also. 17  Nags Head Board Meeting Minutes June 6, 2018 It was Board consensus that in addition to surveying the streetlights that are not working at Jennette’s Pier and at the beach accesses, that staff look into exploring lighting at the crosswalks in terms of flashing crosswalk signs and illuminating those crosswalks with solar lighting if possible. Staff is to survey the lighting from Gray Eagle to Gulfstream to see if streetlights, whether solar or electric, would help solve the lighting issue. In addition staff is to find out if there is liability in leaving an area dark. MAYOR’S AGENDA Mayor Cahoon - Consideration of resolution Mayor Cahoon read the resolution requesting that the NC General Assembly fund the Coastal Storm Damage Mitigation Fund as follows: “WHEREAS, North Carolina tourism represents an economic engine that is vital to North Carolina’s future economic prosperity and generates State tax revenue that benefits all North Carolinians; and ‘WHEREAS, one of the cornerstones of North Carolina’s tourism economy are its pristine beaches that attract visitors from around the world; and ‘WHEREAS, in order to sustain North Carolina’s tourism economy and safeguard the tax revenue that it generates, it is imperative that the State’s shorelines remain healthy, vibrant, and sustainable; and ‘WHEREAS, the shorelines of North Carolina are under constant threat of natural hazards and erosion, which has an adverse impact on wildlife, public infrastructure, and private property; and ‘WHEREAS, in recent years, federal funds for beach nourishment projects have decreased significantly forcing coastal communities, such as the Town of Nags Head, to use local dollars to fund beach nourishment projects; and ‘WHEREAS, as more of the State’s shoreline becomes vulnerable and in need of nourishment or re- nourishment, local dollars alone are unable to fund the amount that is needed to sustain and preserve North Carolina’s beaches and safeguard the benefit that coastal tourism contributes to the State’s economy; and ‘WHEREAS, multiple areas in our coastal communities have undergone significant beach erosion in recent years that cannot be sufficiently addressed with local resources alone; and ‘WHEREAS, the North Carolina Legislature in 2017 had the foresight to include in HB56 a provision to create a Coastal Storm Damage Mitigation Fund that would be used for costs associated with beach nourishment, artificial dunes, and other projects to mitigate or remediate coastal storm damage; and ‘WHEREAS, the Coastal Storm Damage Mitigation Fund would match local dollars on a cost-shared basis thus allowing local beach nourishment funds to be effectively leveraged for maximum benefit; and ‘WHEREAS, although the Coastal Storm Damage Mitigation Fund has been created, a funding source has not yet been allocated by the State to provide the infrastructure benefit that the General Assembly intended in establishing the special revenue fund. ‘NOW THEREFORE BE IT RESOLVED that the Town of Nags Head Board of Commissioners respectfully requests that the North Carolina General Assembly vote in the upcoming short session to fund the Coastal Storm Damage Mitigation Fund as an urgent matter of public importance to safeguard and protect the 18  Nags Head Board Meeting Minutes June 6, 2018 shoreline infrastructure that fuels the engine of North Carolina’s tourism economy, that no current local revenue streams be used for the purpose of funding the Coastal Storm Damage Mitigation Fund, and that no existing occupancy tax be used as a source of funding for the Shoreline Management funds.” MOTION: Mayor Pro Tem Walters made a motion to adopt the resolution requesting the NC General Assembly to fund the Coastal Storm Damage Mitigation Fund as presented. The motion was seconded by Comr. Siers which passed unanimously. Mayor Cahoon - Consideration of letter of recommendation Mayor Cahoon brought forward a proposed letter recommending that the Governor reappoint Comr. Renée Cahoon to the Coastal Resources Commission. Comr. Renée Cahoon asked to be excused from this agenda item discussion. MOTION: Mayor Pro Tem Walters made a motion to excuse Comr. Renée Cahoon from the discussion concerning a recommended appointment to the Coastal Resources Commission. The motion was seconded by Comr. Siers which passed unanimously. MOTION: Comr. Fuller made a motion to approve the proposed letter of recommendation to reappoint Comr. Renée Cahoon to the Coastal Resources Commission as presented. The motion was seconded by Mayor Pro Tem Walters. Mayor Pro Tem Walters noted that several other towns and the county have already forwarded letters to the Governor in support of the reappointment of Comr. Renée Cahoon to the CRC as she serves everyone’s needs well. CONTINUATION OF MOTION: The motion passed 4 – 0 (Comr. Renée Cahoon was excused.). Comr. Renée Cahoon returned to the meeting. NEXT BUDGET WORKSHOP It was noted that the next Budget Workshop is scheduled for Monday, June 11th at 9 am. ADJOURNMENT MOTION: Mayor Pro Tem Walters made a motion to recess the Board meeting to the June 20, 2018 mid- month meeting at 7 pm in the Board Room. The motion was seconded by Comr. Renée Cahoon which passed unanimously. The time was 12:08 p.m. ______________________ Carolyn F. Morris, Town Clerk Date Approved: July 5, 2018________ Mayor: _________________ Benjamin Cahoon 19