Draft Nags Head Board Meeting Minutes
December 20, 2006
DRAFT TOWN OF NAGS HEAD
BOARD OF COMMISSIONERS
ADJOURNED REGULAR SESSION
December 20, 2006
The Town of Nags Head Board of Commissioners met in the Board Room at the Nags Head Municipal Complex at 7:30 p.m. on Wednesday, December 20, 2006.
COMRS PRESENT: Mayor Renée Cahoon; Comr. Wayne Gray; Comr. Bob Oakes; and Comr. Doug Remaley
COMRS ABSENT: Mayor Pro Tem Anna Sadler
OTHERS PRESENT: Town Manager Charlie Cameron; Interim Deputy Town Manager Bill Richardson; Town Attorney Ike McRee; Butch Osborne; Dave Clark; Kim Kenny; Tim Wilson; Kelly Wyatt; Roberta Thuman; Ralph Calfee; Yogi Harper; Roc Sansotta; and Town Clerk Carolyn Morris
CALL TO ORDER
Mayor Cahoon called the meeting to order at 7:30 p.m.
AUDIENCE RESPONSE
Town Attorney Ike McRee opened Audience Response.
Yogi Harper, Nags Head resident and erosion control specialist; he said he felt there was some confusion among property owners who had contacted him as to the purpose of the Public Hearing notice and associated map that was mailed to all oceanfront property owners; the Public Hearing notice concerned a proposed municipal service district for the local beach nourishment project. The notice/map is attached to and made a part of these minutes as shown in Addendum “A”.
Yogi Harper, Nags head resident and erosion control specialist; he feels that there are some CAMA permit backups due to staff overload; he prepared a list for Town Manager Cameron recently requesting emergency beach pushes and he was soon able to pick up an emergency beach push permit for the weekend; he would like to see the ordinance that was recently adopted by the Board prohibiting weekend beach pushes to be reconsidered; three (3) deer were hit last week in South Nags Head and he would like to see some deer crossing signs installed; on behalf of oceanfront property owners Larry Spivey and Roc Sansotta, he requested the Board to allow him to put back the 100’ of Seagull Drive and to continue the sandbags to the end of the road to protect that portion of Seagull Drive.
There being no one else present who wished to speak, Mr. McRee closed Audience Response.
CONSENT AGENDA
The Consent Agenda consisted of the following items:
- Consideration of Beach Nourishment Project ordinance amendment #1
- Consideration of resolution in support of ocean outfalls - from December 6, 2006 Board meeting
- Consideration of funding source for Town magnets - from December 6, 2006 Board meeting
MOTION: Comr. Remaley made a motion to approve the Consent Agenda as presented. The motion was seconded by Comr. Oakes which passed 4 - 0 (Mayor Pro Tem Sadler was absent.).
MAYOR PRO TEM SADLER ABSENT
Mayor Cahoon noted that Mayor Pro Tem Sadler was absent.
CONSENT AGENDA (Continued)
A copy of the Beach Nourishment Project ordinance, amendment #1, as adopted, is attached to and made a part of these minutes as shown in Addendum "B".
The ocean outfall resolution, as adopted, read in part as follows:
“WHEREAS, the North Carolina Department of Transportation (NC DOT) ocean outfalls were originally installed in the Town of Nags Head to drain the water (ocean overwash) that "ponded" between the dune line and the "recently" constructed US 158 bypass (in the early 1960's); AND
‘WHEREAS, as the Town grew and land was developed, stormwater drainage systems that were built to serve the Town streets were connected together and led to the drainage channels (ditches and pipes) that connected to the NC DOT ocean outfalls; AND
‘WHEREAS, significant portions of Nags Head are served by these outfalls as the destination for the stormwater that enters the collection system. These areas include Nags Head Pond, Nags Head Acres, Vista Colony, much of Wrightsville and Memorial Avenues, Gallery Row, Old Nags Head Place and the southernmost 1-1/2 to 2 miles of South Nags Head; AND
‘WHEREAS, without a viable alternative (an environmentally acceptable method) for "disposing" of the Town's stormwater, much of Nags Head would suffer severe flooding problems if the outfalls were summarily eliminated.
‘NOW, THEREFORE BE IT RESOLVED that the Nags Head Board of Commissioners does hereby support research to find mechanisms to improve the quality of the ocean outfall effluent, but not their elimination.”
The agenda summary sheet concerning Town magnets, as approved, read in part as follows:
“Town Manager Charlie Cameron reported at the December 6, 2006 Board meeting that in response to fireworks issues this past year, staff is requesting to purchase approximately 3,000 general information refrigerator magnets to be distributed to real estate companies. Please see attached magnet layout.
‘It was Board consensus for staff to bring back for Board consideration an identified funding source to purchase the Town refrigerator magnets.
‘Finance Officer: Funding for the magnets, in the amount of .69 each for a total of $2,070 can come from revenues from the sale of fixed assets. Actual revenues currently exceed budget by $30,000.”
CONSIDERATION OF AMENDED SITE PLAN FOR RV'S SUGAR CREEK RESTAURANT
Zoning Administrator Kelly Wyatt summarized the staff report concerning the amended site plan for RV’s Sugar Creek Restaurant which read in part as follows:
"Applicant: Ralph Calfee representing Sugar Creek II & III, LLC
‘Application Request: Site Plan Amendment.
'Purpose: Numerous changes have been made to the site plan, most notably to the existing restaurant building proposed for expansion, since the original site plan approval of June 7, 2006. These site plan changes were first identified in the review of the building permit application request for the project submitted on November 15, 2006. The identified changes to the site plan were determined to be major by the Planning Director thereby requiring review and approval by the Board of Commissioners. The site plan amendment request additionally proposes to change the use of the previously approved accessory building to a principal use take out restaurant building.
'Property Location: 7344 S. Virginia Dare Trail, Nags Head.
Existing Land Use: The existing and proposed use will remain Restaurant.
Zoning Classification of Property: C-2, General Commercial Zoning District.
'Zoning Classification of Surrounding Properties: All surrounding properties are zoned C-2, General Commercial Zoning District.
'Land Use Plan Map/Policies: Land Use Plan classification is D-1, Developed. This proposal is not inconsistent with this land use classification.
'SPECIFIC INFORMATION
The following are changes from approved plans of June 7, 2006:
· When originally reviewed the existing RV’s Restaurant building was found to be nonconforming with respect to the architecture requirement of Section 48-371 (c)(1), Commercial Design Standards of the Town Code. Therefore, the cost of new construction and improvements to this structure was limited to 50% of its assessed value as described in Section 48-133(a), Application of Design Standards. Upon submittal and review of the revised site plan and elevations this building is now compliant with architecture requirements, obtaining a minimum of 100 design points through such features as a porch, combination base form and a coastal watch tower. Therefore, there is no longer a limitation on construction costs that can be devoted to the expansion of the principal restaurant.
· Reclassification of the approved accessory restaurant use building to a principal restaurant use building. In doing so the principal take out building now is architecturally compliant, providing a minimum of 100 design points through such features as a pitched roof, porch, bumpout and windows.
· Note # 31 on the approved plans stating that “repair, maintenance, replacement or reconstruction shall not exceed 50% of the assessed tax value of the structure (i.e.$219,250.00)” has been deleted.
· The total area devoted to customer service within the existing building has increased, the total area devoted to customer service within the addition has decreased. Total customer service has been decreased by approx. 4 sq. ft.
· The total kitchen area has been increased by approx. 126 sq. ft. due to extension of the kitchen southward to encompass the area of the former exterior spiral stairway.
· The bar area has been relocated from where it was previously approved to within the new addition. The former area of the bar has been changed to “private dining”.
· The previously approved ladies restroom within the existing building has been eliminated and replaced with waiting area. The previously approved men’s restroom within the existing building has been eliminated and a unisex bathroom has been provided in its place.
· The previously approved handicap bathrooms located within the new addition has decreased in area by approx. 200 sq. ft.
· The approved gift shop in the new addition has increased in area by approx. 80 sq. ft.
· Addition of a handicap ramp, landing and observation deck on the northern façade of the building. This was not previously approved however is required to satisfy NC Building Code Egress.
· A set of stairs approved on the western façade of the addition have been eliminated.
· Extension of parking spaces one (1) foot beyond the western façade to achieve 10’x20’ parking space.
Note: The applicant has provided two (2) Geoweb parking spaces, these spaces are noncompliant and are not included in the required parking.
‘The following comments have been made by the Town Engineer:
· The overall lot coverage has increased primarily within the 75’ AEC.
· Stormwater Management approval is conditional upon the receipt of any required CAMA permits to account for the additional coverage within the 75’ AEC.
‘The following are comments from the Fire Department:
· Caution that sprinkler plans have not yet been submitted for review. Engineered sprinkler plans must be reviewed and approved prior to issuance of Certificate of Occupancy.
'ANALYSIS
Upon review of the latest site plan submission for RV’s Restaurant, Planning staff finds that the numerous changes, alternations and additions to the approved plans necessitate Board approval.
'Note: The applicant has worked closely with staff, submitting the necessary revised site plans, including compliant architecture for both restaurant buildings. Upon review of this material staff finds that previously nonconforming structure, now incorporating several design elements to achieve compliance, is no longer deemed architecturally nonconforming and therefore has no construction cost restrictions.
'STAFF RECOMMENDATION
Based on the above review staff recommends that the application be approved as presented with the following conditions:
1. Stormwater Management Plan must be revised to reflect any changes of this site plan amendment.
2. Discrepancies noted by the Town Engineer have been addressed; Planning Staff will amend existing CAMA Permits.
3. No discrepancies noted by the Fire Department; however, be cautioned that sprinkler plans must be submitted, reviewed and approved prior to issuance of Certificate of Occupancy.
'PLANNING BOARD RECOMMENDATION
On December 14, 2006 the members of the Planning Board reviewed the attached site plan amendment. They voted unanimously to recommend approval of the site plan amendment as presented."
MOTION: Comr. Gray made a motion to approve the amended site plan for RV’s Sugar Creek Restaurant as presented. The motion was seconded by Comr. Remaley which passed 4 - 0 (Mayor Pro Tem Sadler was absent.).
ITEMS REFERRED TO AND PRESENTATIONS FROM TOWN ATTORNEY
Town Attorney Ike McRee had nothing new to report.
ITEMS REFERRED TO AND PRESENTATIONS FROM TOWN MANAGER
Town Manager Charlie Cameron had nothing new to report.
MAYOR’S AGENDA
Mayor Cahoon - Discussion of and opposition to Towns of Southern Shores and Manteo resolutions requesting amendment to Dare County distribution of land transfer and occupancy taxes
The agenda summary sheet concerning local resolutions and the distribution of land transfer and occupancy taxes was presented to the Board and read in part as follows:
"Attached please find resolutions adopted by the Towns of Southern Shores and Manteo requesting that Dare County support an amendment to the Occupancy and Land Transfer Tax Enabling Acts freezing the distribution of the taxes at FY 2006/2007 rates.
'It is noted that the resolutions adopted by Southern Shores and Manteo includes Nags Head as a supporter of the proposed amendment; however, the Nags Head Board of Commissioners has not previously discussed the amendment.
'Attached please find applicable resolutions and cover letters - to include a revised resolution from the Town of Manteo which rescinds their previous resolution."
Mayor Cahoon explained that she takes exception to the Town of Southern Shores’ resolution that the Town of Nags Head along with the Towns of Duck, Kill Devil Hills, Kitty Hawk, and Manteo support modification to the distribution formula for land transfer and occupancy taxes. The Town of Manteo adopted the same resolution as Southern Shores, realized the error, and then passed its own resolution.
Mayor Cahoon directed staff to include a resolution of opposition to the Southern Shores resolution and to a modification of the distribution formula for land transfer and occupancy taxes to include verbiage that Nags Head would never take action on behalf of another municipality.
Mayor Cahoon pointed out that as much as the local communities work together, she was shocked at the presumption made by the Town of Southern Shores. She explained that the Southern Shores Mayor was notified formally by mail and informally by telephone of her feelings.
All Board members present expressed favor toward Mayor Cahoon’s comments; Mayor Cahoon thanked Board members for their support.
Mayor Cahoon - Paperless Capital Improvement Plan (CIP)
Mayor Cahoon asked the Board to consider a paperless Capital Improvement Plan (CIP) with all data being transmitted via the internet in order to cut down on paperwork. She feels that paperless agendas are the more modern way to do things. She asked Board members to provide any comments to staff for future Board discussion on this issue.
Mayor Cahoon - Litter pick-up
Mayor Cahoon commented that she has noticed a truck picking up litter along the bypass with the Village Realty insignia; she encouraged other businesses to do the same. She also praised the Blue Heron Motel for its very neat property and for cleaning up grass clippings from the multi-use path after lawn cutting.
Mayor Cahoon - Commercial entrance-ways
Mayor Cahoon said that she has seen a move made by some businesses to design building entranceways in the form of a shark.