Chair Stan Clough, James Almoney, Howard Buchanan, Skip Jones, Eddie Valdivieso, and John Windley

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2 Minutes of the May 16, 2017 meeting of the Kill Devil Hills Planning Board held at 5:30 p.m. in the Meeting Room of the Administration Building, 102 Town Hall Drive, off Colington Road. Members Present: Members Absent: Others Present: Chair Stan Clough, James Almoney, Howard Buchanan, Skip Jones, Eddie Valdivieso, and John Windley Ben Sproul Bryan Brightbill, Assistant Planning Director; Cameron Ray, Senior Planner; and Harriet Banner, Administrative Assistant Call to Order At 5:30 p.m., Chair Stan Clough called this meeting of the Kill Devil Hills Planning Board to order and welcomed everyone present. Agenda Approval Howard Buchanan made a motion to approve the agenda for this meeting as presented. Eddie Valdivieso seconded that motion, and the vote was 5-0. Approval of the Minutes of April 18, 2017 meeting Skip Jones made a motion to approve the minutes of the April 18, 2017 meeting as amended. James Almoney seconded that motion, and approval was by 5-0 vote. Public Comment (Time limit of 3 minutes per person; 5 minutes per group) Response to Public Comment Old Business Draft Minutes May 16, 2017 Planning Board Meeting Page 1 of 6

3 New Business 1. Zoning Amendment Request Sharon Nelson Definitions and (C) Ocean Impact Residential Zone Intent Modify Definition of Dwelling, Single-Family to Include Maximum Square Footage of 6,000 and Modify Intent of the Ocean Impact Residential Zone Assistant Planning Director Bryan Brightbill explained that this zoning amendment request proposes modifying the definition of Dwelling, Single-Family to include a maximum enclosed habitable living space of 6,000 square feet. As proposed, this maximum would also include any on-site accessory structures with enclosed habitable living space. The proposal also includes adding an additional subsection to the intent of the Ocean Impact Residential (OIR) Zone. He also explained that the Planning Board met with the Board of Commissioners to discuss large houses in August of After discussion, the Board of Commissioners again addressed this subject in October 2015 with no action taken. Ordinances from other towns and Dare County on how they regulate building size were included in the packet materials. Duck s is a function of lot size, Southern Shores has a maximum of 6,000 square feet, Nags Head has a maximum of 3,500 square feet but up to 5,000 with some additional concessions, and Kitty Hawk and Dare County do not directly regulate occupants, bedrooms, or the size of a structure. Some staff concerns about the request: 1. modification of the definition of Dwelling, Single-Family if the Planning Board desires to regulate large structures, another definition should be created and placed under permitted or prohibited uses under whichever the desired zoning districts; specific regulations would then be developed under each of the subsections rather than just creating a blanket maximum in the Definitions section. 2. Another item is the reference to enclosed habitable living space that is from Southern Shores language; Kill Devil Hills ordinance does not recognize that terminology but rather recognizes gross floor area. Suggest replacing one term with the other. 3. Intent section - very subjective to who is enforcing it and likely unenforceable. For reference, using the local GIS which is available on Dare County s website, staff searched for all actual single-family residential structures in excess of 5,000 square feet and found about 60 in Town that were over 5,000 square feet. This threshold was chosen because of the inclusion of accessory structures in this specific amendment request. These 60 homes would automatically become nonconforming if the request was approved. If any of these structures were damaged beyond 50% of the value and had to be reconstructed, they would then be subject to reducing the square footage to less than 6,000 square feet. With an 8,000 square foot house worth $1 million and it was damaged to the point that repairs cost $500,000, part of the reconstruction would be to remove 2,000 square feet of the house. Draft Minutes May 16, 2017 Planning Board Meeting Page 2 of 6

4 Another concern was change in development rights in that assuming someone recently purchased a lot with the idea that they could build a 10-12,000 square foot structure and the rules changed so they could only build a 6,000 square foot structure there could be a question of vested interest and advice from the Town Attorney would be necessary. There does not seem to be any justification for setting 6,000 square feet in the application. Should the Board decide to regulate house size, there should be some sort of method to justify a maximum square footage. Some of the points to consider: What is the issue with large structures? Is it how they look, their safety, noise, parking, guest behavior, or their use as event homes? The amendment as presented does not address any of those items except for the actual size of the structure. In the past Kill Devil Hills has not regulated structures by size, bedrooms, or occupants but rather all the other factors affecting development including setbacks, lot coverage, parking, wastewater, CAMA, etc. Staff does not support the requested amendment as presented. Sharon Nelson said that her request was very much needed for a number of reasons. She said that these large structures spoil the special beauty of the Outer Banks and left unchecked they will continue to be built, and under current zoning could continue to grow in size. She stated that the fallacy of the current zoning ordinance is that these structures are classified as single-family dwellings when they are actually commercial enterprises intended for temporary occupancy for weddings, reunions, and other large party event rentals. These large rentals are more like mini-hotels both in capacity and in intended purpose; however, due to their classification as single-family dwellings they are able to avoid application of the stricter standards. Ms. Nelson continued that though similar in capacity and use, these event buildings lack all the safeguards and safety features required of their hotel and motel counterparts such as stricter lot regulations, fire and safety code standards, and adequate parking requirements. Parking poses a serious concern for these massive structures for two reasons: (1) single-family dwellings allow parked cars to be stacked or blocked. This practice necessitates the removal of cars in a particular sequential order in order to vacate the premises, potentially impeding timely evacuations and rescue access in case of fire, medical or other emergencies; and (2) event homes also have problems with overflow parking for guests into neighboring hotel lots. Where no such overflow lot is available, cars could be parking on Virginia Dare Trail creating traffic issues and pedestrian safety hazards. Ms. Nelson also stated that residents are taxed to pay millions of dollars for beach renourishment but then developers destroy the protective dunes to construct their buildings. Development cannot be allowed to jeopardize the existing dune lines or to create other detrimental problems for the beach. Presently there is nothing in Kill Devil Hills zoning regulations to address these buildings adequately and because there are no limitations on the number of bedrooms large-scale in event homes, developers will continue to push the envelope constructing homes that push capacity to its limits. Citing ordinances in Nags Head and Southern Shores, which Mr. Brightbill mentioned, Ms. Nelson explained that her proposed amendment also uses 6,000 square feet, which she felt was a reasonable number for a large home. The amendment, she said, strikes a reasonable balance between the desired aesthetic of the Outer Banks and future residential development. A Draft Minutes May 16, 2017 Planning Board Meeting Page 3 of 6

5 limitation on the square footage of single-family dwellings is allowable under law and will provide some protection for both residents and visitors alike and furtherance of quiet enjoyment and safety. Ms. Nelson said she had circulated information about this requested amendment on-line and had received many comments from both residents and visitors. These people truly love Kill Devil Hills and want to keep it beautiful. Some examples: Kill Devil Hills, my hometown, is becoming less recognizable every time I visit. These structures should not be treated as single-family dwellings because they are obviously not. There are enough party and event houses around town already. Stop the madness. Larger structures will affect the views of the ocean and reduce the afternoon sun shining on the beach. We do not need these big houses with 24 bedrooms. They are hotels in disguise. There is enough trash on our property as it is. It will be a safety concern if there is ever an emergency at one of these places. There is no way for fire trucks and rescue squads to get into the driveways. Walking on or crossing the beach road is becoming more dangerous due to all of the parking on the side of the road. They are ugly in-your-face buildings and do not fit the charm of the Outer Banks. Mr. Brightbill explained that the structures Ms. Nelson, and the comments above, refer to are termed one-family dwellings in the N.C. Building Code and built under residential guidelines. Changing the name in the Town s zoning code would make no difference in many of the safety related features that Ms. Nelson had referenced as nothing more stringent than the Building Code could be required. Concerning the stacked parking, the proposed language does not address that parking situation. The projects in Town that Ms. Nelson referenced as having removed the dunes were in an area where that section of the dune was out of CAMA s Area of Environmental Concern. This amendment does not address setbacks or how close buildings are to each other. Emergency access is not addressed in the proposed language either; it only limits the structures to 6,000 square feet. Discussion ensued that it was not up to the Planning Board to work out the issues with which it has concerns in a requested zoning amendment. Usually, an applicant presents an amendment, if a compromise can be reached or adjustments must be made the applicant assumes responsibility and then the Planning Board votes for approval or denial. Frequently, ordinance amendments are prepared by a professional who also assists in the amendment request process. It was suggested that the Planning Board could table consideration to give Ms. Nelson the opportunity to revise the request and address the issues Mr. Brightbill had discussed; however, she was reluctant to do so. Mr. Windley made a motion to deny approval of the amendment as written. Mr. Jones seconded that motion, and the vote was 5-0. Draft Minutes May 16, 2017 Planning Board Meeting Page 4 of 6

6 Public Comment (Time limit of 3 minutes per person; 5 minutes per group) Randy Saunders, property owner in Kill Devil Hills Mr. Saunders spoke in response to Ms. Nelson s comment about the taxation to fund beach nourishment. He submitted that Kill Devil Hills has approximately 4½ mile of oceanfront. Assuming lots were 50 feet, the equivalent would be over 400 oceanfront lots. Some of these lots have multi-family structures on them, so cutting that total in half would be potentially 200 oceanfront properties that could be affected by this amendment. He continued that the oceanfront property value in Kill Devil Hills is presently about $1.3 million per lot. The property value for the same 50-foot lot in Southern Shores is $800,000, a difference of $500,000. For 200 oceanfront lots, the property value would be $100 million more. If the amendment was approved, it would devalue the oceanfront property in Kill Devil Hills. Mr. Saunders continued that he had built a few of the big houses and he has been in them with the people who have come down for vacation. He commented that they are the nicest people anyone would ever want to meet. Their families come from all over the country and they are having a good time. The houses are not cheap to rent. Renters are typically educated and conduct themselves in an orderly manner. Mr. Saunders said we should feel lucky that we can support that type of house in Kill Devil Hills as they are an asset. He understood that Ms. Nelson was upset that someone is going to build a 24-bedroom house beside her condominium, but it meets all the requirements and regulations. John Register, 509 Nixonton Street, Kill Devil Hills Mr. Register is a realtor. Building and developers are important to him, he explained. One of his clients has a small house on an oceanfront lot that would make a fantastic place for a large home similar to what this amendment opposes. She is not yet ready for that to happen, and he cautioned that if the Town were to approve Ms. Nelson s proposed amendment his client s property could be devalued by $4-500,000. Such an amendment could really change how property owners who have owned land for generations feel about it. Travis Appleman, 509 Copley Drive, Kill Devil Hills and member of the Board of Commissioners Mr. Appleman asked if the State passed and created a third category what would happen to properties that are damaged; would the 50% rule apply then? He thanked Ms. Nelson for bringing this request forward and thanked the Planning Board for generating some additional discussion. This has been a discussion matter for a couple of years and it is very complicated. Tax value going forward is on property that has not been developed yet. Structures already built are now part of our tax base. Therefore, while we want to think about what is going to happen when we go forward and have an additional tax value within the Town, those properties are not built yet. Response to Public Comment Chair Clough said that a few weeks ago when we first started talking about this he had spoken to a couple of people that are involved with the Build Code Council in Raleigh. A third Draft Minutes May 16, 2017 Planning Board Meeting Page 5 of 6

7 construction category has only been tentatively discussed. Official discussions and potential action may only be in the distant future: not something that is going to happen anytime soon, and it may never happen. Board Member Comment Adjournment There being no further business before the Planning Board at this time, Mr. Buchanan moved to adjourn this meeting. Mr. Windley seconded the motion and approval was by a unanimous, 5-0, vote. It was 6:35 p.m. Submitted by: Harriet B. Banner Administrative Assistant These minutes were approved at the July 18, 2017 meeting of the Planning Board. Stan Clough Planning Board Chairman Draft Minutes May 16, 2017 Planning Board Meeting Page 6 of 6

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