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Nags Head Planning Board hears resident feedback, approves particular use allow, discusses historic character district zoning – The Coastland Instances

Nags Head Planning Board hears resident feedback, approves particular use allow, discusses historic character district zoning

Printed 8:02 pm Wednesday, November 23, 2022

By Judy Stiles

Nags Head Planning Board Chair Megan Vaughan referred to as the November Planning Board assembly to order at 9 am on Tuesday, Nov.15. All Planning Board members have been current for the assembly. Following the approval of the agenda, viewers members who wished to remark have been invited to come back ahead.

Duke Geraghty, director of presidency affairs for the Outer Banks House Builders Affiliation, spoke concerning the tree elimination and preservation rules. He acknowledged the regulation goes towards what the House Builders Affiliation stands for and the regulation takes away property proprietor rights. He asserted that the city doesn’t have a scarcity of bushes and the regulation is just not useful.

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Rick Arthur, who owns a home on S. Memorial Ave., expressed opposition to the reasonably priced housing challenge proposed by housing developer Woda Cooper for the nook of Hollowell St. and US 158 throughout from Jockey’s Ridge State Park. Arthur acknowledged he had adopted the Nags Head Board of Commissioners conferences and noticed a presentation given by planning director Kelly Wyatt. He emphasised the realm’s distinctive nature and character would considerably change if multi-story reasonably priced housing buildings have been constructed within the space. Arthur indicated that he and his spouse Barbara assist one thing of decrease density that matched the spirit and character of the encircling neighborhoods.

Basil Belsches, from the Outdated Nags Head Place neighborhood, echoed Arthur’s issues. He identified that the 2017 Complete Plan designated a number of areas as neighborhoods of character. He acknowledged {that a} 54-unit condominium complicated didn’t meet the intent of holding the look or really feel of the realm. Belsches requested the Planning Board members to think about a extra applicable zoning designation away from industrial C-2 to a much less impacted zoning designation.

Michael Mischou, who lives on S. Memorial Ave., spoke towards zoning for an reasonably priced housing challenge in his neighborhood. Michou disagreed with zoning that may permit a number of housing items as he mentioned it was a everlasting answer for a short lived drawback.

Consideration of particular use allow/website plan evaluate

Chris Greening of TW’s Bait and Sort out submitted a consideration of particular use permitsite evaluate plan for the enterprise situated at 2230 S. Croatan Freeway. The property is zoned C-2 Normal Business. The particular use allow requested the discount of three required parking areas, to get replaced with three bicycle racks pursuant to Part 10.15.2.5 of the Unified Improvement Ordinance.

Nags Head planning director Kelly Wyatt acknowledged the proposal is in keeping with the relevant use and improvement requirements and related land use insurance policies and advisable approval of the allow.

Vaughan and Planning Board member Dave Elder raised questions on car parking zone overflow.

Greening mentioned the work will make it doable to accommodate bikers, who now usually slant their bikes towards the home windows. Moreover, a renovation deliberate for the within of the constructing would require 5 further parking areas which will be accommodated by the transforming of the parking space.

The Planning Board unanimously accepted the plans.

Tree preservation and appendix elimination

Deputy planning director Kate Jones introduced a draft of an appendix for the Nags Head tree preservation rules that had been requested by the Planning Board. Jones introduced the draft appendix and acknowledged the rules haven’t modified however the appendix synthesizes data and assets to make it clearer to grasp.

Planning Board member Megan Lambert mentioned the significance of bushes in relation to stormwater administration and supported the rules to guard bushes.

Vaughan requested for readability on nuisance bushes. Jones specified that pruning and slicing limbs to maintain them off your own home and deck is allowed. Conditions which enable tree elimination embrace a tree, on non-public property, that’s prone to fall and trigger harm; bushes which can be a menace to public amenities or companies, or a tree that’s in irreversible decline attributable to illness.

Planning Board members praised Jones for enhancing the readability on the doc and unanimously accepted the appendix.

Dialogue of the Historic Character Space

Wyatt launched the dialogue on the historic character space and offered background on the commissioners’ moratorium on most improvement situated throughout the C-2 Normal Business Zoning District relevant to the areas from Danube Avenue north to Hollowell Avenue, between US Freeway 158 and NC12.

The C-2 zoning district permits the broadest vary and the very best depth of makes use of within the city. A number of of the city’s largest purchasing facilities are situated within the C-2 District. The city’s complete plan means that C-2 zoning is just not applicable within the historic character space and that additional examine is required to ascertain applicable requirements for this space.

The Planning Board and planning employees will evaluate ordinances and current land makes use of and also will present a planning examine at three Planning Board conferences, starting with the Tuesday, Nov. 15 assembly.

Any advisable ordinances or zoning map amendments will likely be forwarded to the Board of Commissioners for scheduling of a public listening to.

Wyatt acknowledged that you will need to protect the character of Jockey’s Ridge and the Historic Cottage Row, which is a Nationwide Register Historic District consisting of 41 contributing houses alongside the oceanfront and two constructions on the west facet of NC 12.

The potential zoning designations embrace: R-1, Low Density Residential Zoning, R-2, Medium Density Residential Zoning, R-3 Excessive Density Residential Zoning and C-1, Neighborhood Business Zoning. The intent of every of those designations was offered to the Planning Board members for his or her evaluate and consideration.

Following Wyatt’s overview, Ferguson requested if multi-family housing is included within the record of companies allowed. Wyatt responded it’s allowed within the C-1 zoning, she continued, “when wanting on the necessities of the C-1 by way of sq. footage, a number of the makes use of which can be allowed within the C-1 may be tough to truly develop within the C-1 due to the utmost allowable sq. footage.”

Planning Board member Molly Harrison requested what would occur to present companies if the realm is dropped to zoning C-1. Wyatt responded that the companies could be in non-conformity however could be allowed to stay. The companies couldn’t develop past new rules however actions occurring throughout the current constructing footprint ought to be allowed and don’t represent a rise within the diploma of structural nonconformity.

Ferguson requested whether or not planning employees had suggestions and Wyatt responded she doesn’t have a suggestion however it’s probably there’ll have to be a mix of C-1 and presumably amendments to the C-1, R-1 and different zoning districts and it’s unlikely there will likely be a single zone for your complete space. It’s doable an overlay will likely be wanted for some areas.

Because the dialogue wrapped up, Ferguson summarized, he felt an essential purpose is to attenuate nonconforming points and speculated whether or not C-2 zoning ought to stay the identical alongside Route 158. Elder inspired Wyatt to develop a chart to determine the place there may be unity and start from the unity. Planning Board member Meade Gwinn indicated you will need to evaluate the total scenario to grasp the problems.

Vaughan recapped the significance of the quick timeline and thanked the residents who got here ahead to supply their ideas concerning the Historic Character Space. Elder and Wyatt agreed and inspired residents to current on the assembly to achieve out to their neighbors.

Quick-term rental program replace

Wyatt offered an replace on the short-term rental program. In April 2019, the Board of Commissioners adopted amendments to the City Code and Zoning Ordinance (now the Unified Improvement Ordinance) defining quick time period leases (STRs) and establishing regulatory necessities and a voluntary registration program for brief time period leases.

The city requested the knowledge to:

  • pay attention to the placement of STRs and have some extent of contact to make sure an proprietor will be reached in an emergency;
  • Receive data concerning particular insurance coverage and tax obligations of these conducting rental actions inside single-family dwellings:
  • inform operators of the protection necessities and different related provisions of the North Carolina Trip Rental Act.

Lately, the North Carolina Courtroom of Appeals dominated in Schroeder v. Metropolis of Wilmington that state regulation prohibits a registration requirement for short-term leases, however the court docket additionally dominated that state regulation permits for common zoning and improvement requirements for short-term leases.

Planning employees is working with the city lawyer to raised perceive the result of this ruling and the way it impacts the city’s native rules and put into place a course of to proceed to manage STRs throughout the city.

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