Draft Nags Head Board Meeting Minutes
October 22, 2008
DRAFT TOWN OF NAGS HEAD
BOARD OF COMMISSIONERS
ADJOURNED REGULAR SESSION
October 22, 2008
The Town of Nags Head Board of Commissioners met in the Board Room of the Nags Head Municipal Complex located at 5401 South Croatan Highway at 7:30 p.m. on Wednesday, October 22, 2008.
COMRS PRESENT: Mayor Renée Cahoon; Mayor Pro Tem Anna Sadler; Comr. Wayne Gray;
Comr. Doug Remaley and Comr. Bob Oakes
COMRS ABSENT: None
OTHERS PRESENT: Town Manager Charlie Cameron; Attorney John Leidy; Cliff Ogburn; Wayne Byrum; Butch Osborne; Dave Clark; Tim Wilson; Bruce Bortz; Kelly Wyatt; Eddie Curry; Ralph Barile; Roberta Thuman; Barry Brockway; Yogi Harper; Michelle Pharr; Eddie Valdivieso; Samantha Simmons; Roc Sansotta; Bob Muller; David Griffin; Mike Kelly; Wilo Kelly; Matt Artz; and Town Clerk Carolyn Morris
CALL TO ORDER
Mayor Cahoon called the meeting to order at 7:30 p.m.
ADOPTION OF AGENDA
It was Board consensus to remove item #4 from the Consent Agenda (Consideration of bid award for Phase II of US 158 w side multi-use path) for discussion as item #9a.
MOTION: Comr. Oakes made a motion to adopt the agenda as modified (with removal of item concerning bid award for Phase II of w side multi-use path). The motion was seconded by Comr. Remaley which passed unanimously.
AUDIENCE RESPONSE
Town Attorney John Leidy announced Audience Response open.
AUDIENCE RESPONSE - BARRY BROCKWAY
Barry Brockway, oceanfront property owner in South Nags Head; he was surprised at the damage from the recent northeasters; he is aware that the Town is working hard to obtain the proper permits for the local beach nourishment project; he suggested increasing occupancy tax to pay for beach nourishment; he suggested going to Gov. Easley because the State should have a windfall from offshore drilling that has been suspended; he questioned if all avenues for funding have been researched; he has a lot of questions - Mayor Cahoon stated that someone will get back to him at another time.
AUDIENCE RESPONSE - SAMANTHA SIMMONS
Samantha Simmons (Stalling Indoor Advertising); she spoke concerning advertising at beach bathhouses; utilizing indoor spaces could promote local businesses and local events as well as produce some revenue for the Town; by contracting through her company the Town would have complete control; this is not the same as outdoor advertising as this would be contained in the bathhouses and has proven to be an effective means of relaying information to the public; she thanked the Board and stated that staff has her contact information.
AUDIENCE RESPONSE - ROC SANSOTTA
Roc Sansotta, South Nags Head property owner; he was surprised that the recent northeaster caused his structures to be condemned; the most recent storm took out almost all of Seagull Drive; he understands what is happening with the current economy and he would be glad to pay for beach nourishment; he spoke in favor of the groins/jetties if the Town could get permission to install them; even one groin would be a tremendous help; when houses are lost, it means lost income for local, county, and state governments; he is concerned about the sand bags and the requirement that they be placed in front of structures; he is a team player and he loves Nags Head; please call him for help if necessary.
AUDIENCE RESPONSE - MICHELLE PHARR
Michelle Pharr, Comfort Inn South in South Nags Head; they are doing the best possible with their property; there is no plan in place except for condemnation; she displayed pictures of her property to Board members (attached to and made a part of these minutes as shown in Addendum "A"); she said that she has been told that the Comfort Inn is the largest threatened structure on the East Coast; she questioned where to go next and she would be happy to help if possible and put all her resources toward the beach nourishment issue.
AUDIENCE RESPONSE - YOGI HARPER
Yogi Harper, South Nags Head property owner/resident; he has installed a lot of the sandbags that are on the beach; he has had 17 calls in the last week for installation of sandbags; he emphasized that South Nags Head needs beach nourishment now; says the sandbags are going to get out of control but that nourishment is needed now; he feels that the sandbag war is getting ready to turn into a "bloodbath".
MAYOR CAHOON - RECOGNITION OF FORMER MAYOR BOB MULLER
Mayor Cahoon recognized former Mayor Bob Muller in the audience.
CONSENT AGENDA
The Consent Agenda consisted of the following items:
Consideration of Budget Adjustment #4 to FY 08/09 Budget Ordinance
Consideration of property deed restriction and resolution authorizing execution of DCM contract for Jennette's Pier facility
MOTION: Comr. Remaley made a motion to approve the Consent Agenda as modified (agenda item #4 was removed previously - Consideration of bid award for Phase II of US 158 w. side multi-use path). The motion was seconded by Comr. Oakes which passed unanimously.
A copy of Budget Adjustment #4, as adopted, is attached to and made a part of these minutes as shown in Addendum "B".
The Jennette's Pier Facility property deed restrictions, as adopted, are attached to and made a part of these minutes as shown in Addendum "C". The resolution authorizing execution of the DCM contract for Jennette's Pier facility, as adopted, read in part as follows:
"RESOLUTION IN SUPPORT OF CONTRACT FOR CAMA PUBLIC BEACH AND COASTAL WATER ACCESS GRANT FOR BEACH ACCESS/ PROPERTY ACQUISITION AT WHALEBONE PARK NAGS HEAD, NORTH CAROLINA
'A regular meeting of the Board of Commissioners of the Town of Nags Head, North Carolina, was held in the Board Room, on Wednesday, October 22, 2008 at 7:30 p.m. During this meeting the Town Board of Commissioners held a public meeting to discuss entering into a contract for a recently awarded $568,500.00 grant from the North Carolina Division of Coastal Management.
'The Board of Commissioners was advised that the Town of Nags Head was a recipient for a grant from the North Carolina Department of Environment and Natural Resources for the acquisition of property for ocean beach access. The Board of Commissioners is required to authorize the Town of Nags Head to enter into a contract with the North Carolina Division of Coastal Management.
'WHEREAS, the Board of Commissioners desires to improve public access to its surface waters; AND
'WHEREAS, in accordance with its CAMA funded Land and Water Use Plan, the Town desires to improve access to the Atlantic Ocean by constructing a parking lot for beach patrons; AND
'WHEREAS, the Town Board of Commissioners submitted a grant application to the North Carolina Division of Coastal Management and was awarded funds in the amount of $568,500.00; AND
'WHEREAS, the Town will match the grant with in-kind cash totaling $500,000.00.
'THEREFORE, BE IT RESOLVED, that the Nags Head Board of Commissioners, after receiving public comment on the proposed improvements to the Whalebone Park Access, supports the CAMA Public Beach and Coastal Water Access Grant and agrees to enter into a contract with North Carolina Division of Coastal Management. The Mayor is hereby authorized to execute the contract and required deed restrictions for the aforesaid property.
'Upon motion of Comr. Remaley, seconded by Comr. Oakes, said resolution was unanimously passed."
PUBLIC HEARINGS
Public Hearing to consider site plan/conditional use application for Jennette's Pier facility
Town Attorney John Leidy announced the Public Hearing open to consider the site plan/conditional use application for the Jennette's Pier facility. The time was 7:50 p.m.
Town Clerk Carolyn Morris swore in the following: Planning Director Tim Wilson, Zoning Administrator Kelly Wyatt, Bob Muller, David Griffin, and Eddie Valdivieso.
Zoning Administrator Kelly Wyatt summarized the staff report which read in part as follows:
"GENERAL INFORMATION
'Applicant: Quible & Associates on behalf of North Carolina Aquariums.
'Application Request: Site Plan/Conditional Use Application
'Purpose: Construction of a fishing pier and wastewater treatment facility. The pier facility will include educational opportunities as well as a small concession area and indoor public assembly.
'Property Location: 7223 S. Virginia Dare Trail, Nags Head.
'Existing Land Use: Formerly Jennette’s Pier.
'Zoning Classification of Property: The property upon which the Fishing Pier is located is zoned CR, Commercial/Residential. The property upon which the wastewater treatment facility is located is zoned C-2, General Commercial.
'Zoning Classification of Surrounding Properties: Property north of the site (Cahoons Supermarket) is zoned CR, Commercial Residential. Property south of the site is zoned CR, Commercial Residential. Property west of the site, directly across HWY 12, (Sam & Omies) is zoned C-2, General Commercial. Properties north and south of the wastewater treatment facility are zoned C-2, General Commercial.
'Land Use Plan Map/Policies: The Land Use Plan classification for the property upon which the pier is proposed is D-2, Developed. This proposal is consistent with the D-2, Developed land use classification. The Land Use Plan classification for the property upon which the wastewater treatment facility is proposed is D-1, Developed. This proposal is consistent with the D-1 Developed land use classification.
'Zoning History: Numerous zoning ordinance text amendments were sought in an effort to develop this project in compliance with Town Code. The following amendments were adopted by the Board of Commissioners at their September 3, 2008 meeting:
'Town Code Section 48-405(c)(1), Conditional Uses, CR Commercial Residential District
- Permit a pier house to have multiple accessory or principal uses, included but not limited to retail sales, arcade, restaurant, wind turbines, educational and recreational programming, and indoor public assembly uses.
- Permit the maximum total height of a pier house to be 60 feet. If the pier house structure exceeds a total height of 42 ft. a minimum side yard requirement of 100 ft. shall be required for all principal and accessory structures.
- Lot coverage shall not exceed 50 percent. Coverage may be increased to a maximum of 60 percent if open-face paving blocks are used in place of surfaces such as concrete or asphalt.
- Wastewater treatment facilities and repair areas to serve the principal use may be located off-site provided that all off-site properties are undeveloped and are zoned for commercial use.
- Up to 50 percent of the required parking for the site may be located at an off-site location. Off-site parking must be located in the C2 Zoning District.
'Town Code Section 48-167(5), Public Uses, Required Parking was amended to state that the parking standard, when indoor public assembly is permitted in conjunction with fishing pier use, is one parking space per 55 square feet of customer service area.
'Egret Avenue Information
As depicted on the site plan, the wastewater treatment facility for the Aquarium project occupies a portion of Egret Avenue. Also, a portion of the Town’s drainage ditch is in the Egret Avenue right-of-way. At their July 6, 2008 meeting the Board unanimously passed a motion to adopt the Resolution of Intent to close Egret Avenue. On August 6, 2008 a Public Hearing was held, however no action was taken. There are at least three possible actions that the Town can now take regarding the closure of Egret Avenue:
'1. The Town could deed the property directly to North Carolina Aquariums;
2. the Town could retain ownership of Egret Avenue and lease it to the Aquarium; or
3. the Town could convey Egret Avenue to the Aquarium with an easement back to the Town to accommodate the existing drainage ditch in the Egret Avenue right-of-way.
'Once the Board decides on closing that portion of Egret Avenue staff will prepare a Resolution for consideration at the requested meeting.
'SPECIFIC INFORMATION
'Applicable Zoning Regulations:
'Use Regulations: Fishing Pier is a conditional use within the CR, Commercial/Residential Zoning District.
'Lot Coverage: Lot coverage for the fishing pier use shall not 60% of the total lot area when open face paving blocks are used in place of surfaces such as concrete and asphalt. Proposed lot coverage for the fishing pier use is 56.9% with the use of open face paving blocks proposed, therefore lot coverage is compliant. Lot coverage for the wastewater treatment facility use shall not exceed 55% of the total lot area. Proposed lot coverage for the wastewater treatment facility is 25.8% and therefore compliant.
'Building Height: The maximum total height of the pier house structure shall not exceed 60 feet measured from base flood elevation. The proposed pier house is 59 feet from BFE, therefore compliant. Specifically, the pier deck itself is elevated 23 feet from sea level. The pier was raised 23 feet from sea level in an effort to avoid damage from hurricanes and storm events. The height of the pier house from the pier deck is 36 feet. The maximum allowable height for the bath house structure is 35 feet from base flood elevation. The height of the proposed bath house is 25 feet and is therefore compliant. The maximum allowable height for the wastewater treatment facility is 35 feet from base flood elevation. The height of the proposed treatment facility is 24 feet and is therefore compliant.
'Wind Turbine Height: Accessory wind turbine structures shall be allowed a maximum height of 105 feet as measured from ground elevation or the deck of the pier, depending on the location of the turbine structure, to the tip of the blade. The proposed wind turbines are 101 feet from the deck of the pier to the tip of the blade, therefore turbine height is compliant. The proposed height of all structures is compliant.
'Architecture Design Standards: Town Code Section 48-371(b), Architectural Requirements, exempts fishing piers from architectural design requirements. As a conditional use request the Board may consider conditioning certain design elements should the Board find that it is in the public interest. If no conditions are placed upon the architecture of the buildings the applicant will not be required to construct the proposed buildings as shown on the elevations and may proceed to construct the buildings without any desired design elements.
'Town Staff has requested numerous times that false windows be installed on the rear façade of the wastewater treatment facility as it faces US 158. These windows have not been shown and the applicant has stated that, “we strongly disagree with putting false windows on this facility”. Attached is an e-mail dated October 17, 2008 from Mr. Hemingway regarding the placement of false windows.