Town of Nags Head

Planning and Development Post Office Box 99 Telephone 252-441-7016

Department Nags Head, North Carolina 27959 FAX 252-441-4290

www.townofnagshead.net

MEMORANDUM

TO: Board of Commissioners

FROM: Planning Board and Planning and Development Staff

DATE: September 24, 2002

SUBJECT: Site Plan Amendment Application for Windmill Point Restaurant

PROJECT LOCATION: 6906 South Croatan Highway

ZONING: C-2 General Commercial/Commercial Outdoor Recreational Uses Overlay District

LAND USE CLASSIFICATION: D-2 Developed

PROJECT DESCRIPTION:

Calfee Engineering, representing Dr. Sarah Forbes has submitted the attached site plan amendment application for the construction of a package sewage treatment plant on the site of the Windmill Point Restaurant. The sound-front site is located at 6906 South Croatan Highway, south of an existing water sports operation and north of the Town of Nags sound access property (formerly the Wallace Harvey Property). The existing sewage treatment plant that serves the restaurant is located off the site and will be dismantled to facilitate the redevelopment of the Soundside Pavilion site.

The proposed sewage treatment plant does not comply with Section 22-259(B) (attached). This section of the zoning ordinance requires a package treatment plant to be located no further from the principal building it serves than the distance of the principal building from the nearest property line (10.5 feet in this case). On September 12, 2002 however, the Nags Head Board of Adjustment granted the applicant a variance from Section 22-259 to locate the planned sewage treatment plant as shown on the site plan. With the variance granted by the Board of Adjustment, the planned waste treatment plant complies with the requirements set forth by Section 22-259(B).

The proposed package treatment plant would be partially buried below the ground. The portions of the facility above ground level would be screened with a 6 foot, opaque, wood fence, and equally tall shrubs. The plant as shown complies with the applicable district setbacks and would affect lot coverage minimally. Its location will not trigger the need for a CAMA or Army Corps 404 wetland fill permits. This site plan amendment will not affect on-site existing parking, stormwater management, lighting, solid waste, or signage.

Although the 2000 Land and Water Use Plan does not support the construction of new package treatment plants, staff considers this proposal a replacement system and is therefore not in conflict with the master plan.

Package treatment plants are subject to regular sanitary inspections conducted by the Health Department.

Planning Board Recommendation:

At their regular meeting of September 17, 2002 the Planning Board members discussed the proposed site plan amendment and voted unanimously to recommend it for approval. The majority of the discussion focused on the outward appearance and screening of the proposed package treatment plant.

Staff Recommendation:

The Planning and Development Staff recommend approval of the Wind Mill Point restaurant site plan amendment with the following conditions:

1.  Prior to issuance of a building permit written Health Department approval of final system design is required.

k:\planning\boc\2002\calfee2memo.doc

Attachments: Site Plan with elevations