Planning Board - Regular Meeting

If it didn't squeal, it wouldn't real. That's it. We are now in session. Good morning, everybody. Happy St. Patty's Day to those of you wearing the green and to the rest of us. It's a good day to be here. Welcome to the planning board meeting March the 17th, 2026. Um, first item is to approve the agenda. I'll make a motion to approve. Have a motion. We have a second. All in favor? I.

All right. And moving on to public comment. Do we have anybody today that would like to address the board? They're not moving about. Seeing none, we'll move on. Um, the next item is the approval of the minutes. Can I make commission to approve? We have a motion. Second. We have a second. Thank you. All in favor? I eyes have it and the minutes are approved. All right. action items. Kelly, would you enlighten us, please,

with what's going on at the hospital,

as always, I like to pull up a site plan for people in the audience to look at. as I navigate through the staff report. So, let's see. All right. Okay. So, this morning, um, the first item that we're going to present is a vested right special use permit site plan amendment request, um, submitted by Withers Ravvenel on behalf of the Outerbanks Hospital for the Cancer Treatment Center at 4927 South Croatian Highway. Um, the request primarily related to mechanical equipment upgrades needed to support the ongoing operation um within the cancer treatment center. In order to accommodate those upgrades, the applicant is requesting approval of a reduction of three parking spaces. Um so I have on the screen the um the site plan and just to orient this is uh US Highway 158

and here's your primary entrance. This is your front parking lot. Uh these are this is the building here and there's an additional parking lot in the back. And the part that we're focusing on as part of this request is right in here. Um I can pull up an aerial. If you find that helpful, just let me know. Um but so the facility was originally reviewed and approved by the planning board and the board of commissioners in February of 2020. And at that time, board approved the cancer treatment center with a reduced parking capacity. Um recognizing that the typical parking standard for a medical office significantly overestimated the amount of parking that was needed for this facility. Um this is an infusion treatment facility. It's less of a medical office per se. Um and that's outlined in your staff report. So if we had parked this as a medical facility, it would have required 70 plus parking spaces. But they demonstrated that based upon the use um that was going to be ex that would be over um parking this facility. So even in 2020 it was recognized um that the medical office parking standard was going to require too much parking here. Um but as I said because the infusion therapy operates um differently from a traditional medical office, the board did allow um parking to be reduced based upon the number of treatment bays or um uh rooms and the number of staff rather than just square footage alone. As part of that approval, the applicant was

required to perform a parking study at six months and at one year and they did just that. Uh they provided those to the town um immediately after them being uh conducted and they were also included in your packet um as part of the justification. Um so those studies if you had a chance to look at that they showed that during peak demand periods only 32 of the parking spaces were being occupied which represents just over 56% of the available parking supply. So the data confirmed that the parking supply approved in 2020 has been more than adequate for the needs of the facility since it has been constructed. Um, the applicant is proposing a 280 square foot expansion of the existing mechanical HVAC area. And again, I'll use my cursor to kind of point this out. Um, the existing HVAC is in this area. And then you have um some storm water management in here. And then your parking picks up. Um, so this new HVAC equipment needs to be integrated into the existing equipment. So everything's being pushed east a little bit. Um, there's going to be this new equipment area here. The storm water management's going to be pushed east here, which is going to consume those three parking spaces that they're requesting the reduction for. Um, and as I said earlier, the expansion is necessary to support upgraded building systems to maintain appropriate indoor environmental conditions for the facility to operate. Um, to accommodate

the additional mechanical equipment and associated storm water adjustments, only three existing parking spaces would be removed, taking the site from 57 spaces to 54 spaces. even after the reduction um there will still be adequate parking based upon um the parking analysis. So the methodology that was used is this facility functions more as um like a dialysis style treatment facility. There's 10 treatment rooms approximately 15 staff members. So the estimated operational demand is about 25 parking spaces for the infusion center. That when combined with the radiation therapy building, um the total comparable demand is about 47 parking spaces and we're going to have 54 on site. So um they would still be able to have adequate parking with the proposed reduction. Um the proposed mechanical expansion does not increase um treatment rooms or patient capacity. It doesn't increase treatment area, gross floor area. It doesn't increase staffing. Um so it doesn't generate any additional parking demand than what was already contemplated. Um staff reviewed the request against site the site standards and this proposal continues to remain compliant with building coverage with lot coverage um parking landscaping requirements um buffering requirements storm water management fire code building code traffic circulation. Um, and then they've also been able to um, show us how there are a few a handful of trees that are located in this area that were part of their interior um, uh, landscaping

requirement. They can just relocate those trees to another area adjacent to their parking lot and continue to meet that requirement as well. Um, so the request that is under review is from section 10.15 of the UDO. It allows the board of commissioners to approve a modified or reduced parking requirement through a special use permit. Um staff evaluated the request against the required findings and determined that the reduction um does not create traffic congestion or traffic concerns or safety concerns. It will not create parking impacts on adjacent properties. It is consistent with our comprehensive plan. Um, it is necessary to allow reasonable improvements to the facility and it will not adversely impact any of the surrounding properties. Um, based upon our parking analysis, uh, the operational characteristics of the facility and the results of the parking studies that have been provided, staff finds that adequate parking will remain available on site after the requested reduction. Based upon that, staff does recommend approval of the vested right special use site plan amendment for the reduction of free parking spaces for this site. That's what I have uh for staff review. We have a couple people in the audience here if you have questions for them. Um we have uh Withers Ravenel, Mike Strader available. He was on this project as well as Amy Montgomery um from the hospital. happy to answer any questions that you may have.

Thank you, Kelly. Um, would anybody uh have any questions for Kelly or like to make a presentation to the board on this?

Please state your name and Sure. Good morning, chairman, members of the board. My name is Michael Strader. I'm an engineer with withers ravenel engineer record and um I don't have a presentation for you but I just wanted to let you know that we are here to um answer any questions that you have and as as why I had stated basically the whole premise why we're here is not an intensity an increase of the intensity of the use or expansion it's merely to partly the the the temperature of the building and the humidity has to come for the home. Yeah.

So that's why we're we're having to add the mechanicals and then that's why we're having to remove the parking spaces. But I can answer any technical questions you have on the Thank you, Mike. Are there any questions for Mike? Uh the only question I have is um will this affect access egress? I know especially with dializing there's sometimes emergent need for people who are taking part. Absolutely no change of of that access. That's a great question.

Amy Montgomery, Outer Banks Health. Um so just for some context, we really wish we didn't have to undertake this project. Um what we found is our original engineering which wasn't conducted by this company. um the air handling system will not uh create the correct conditions for us to actually operate in that center uh during the peak summer season. So when the humidity and the temperature increases in June and July and we actually got close to it last week um we are highly regulated in our pharmacy. We do mix chemotherapy at the cancer center and our pharmacy is highly regulated for um infection prevention, infection control as well as safe handling of the chemotherapy. And during the hot summer months, uh the current air handler system will not maintain the correct humidity and temperature. So, even last summer, we were having to mix chemotherapy across the street and transport it back and forth, which creates patient delays, holes in the Swiss cheese, uh that sort of thing. And so, uh we wish we didn't have to do this. It'll cost us $1.9 million to add a couple of uh dehumidifying systems to correct this issue. Um but uh we appreciate all the engineering support and the the town support in this project and of course your approval so that we can operate um in an efficient manner moving forward.

But thank you. Thank you. Any questions from Miss Montgomery? No, I'd just like to say we're very lucky as a community to have this infusion center available to our, you know, to our residents. It's a huge asset. people are now not having to travel as far and I think anything we need to do to keep this um you know absolutely project going. Thank you. And I'll just add the the package y'all put together with all that data. Very impressive.

The study that that's the best sign of a study is if you look at it and kind of oh no now I have to understand what this means. Yeah, you did a good job. Okay. Thank you very much. Appreciate it. All right. Discussion. I was just I was just noticing on here that um the parking lot the spots are 10 foot wide and now they could be nine, couldn't they? But not that they need to be. I I think it's better that they're 10.

Yes. So technically we did change the code. That was a requirement based on some legislation at the state level. Um, but we still very much encourage 10. Thanks. I appreciate that. Okay. Um, do I hear a motion? I'll make a motion to approve as a minute. Second. And a second. Okay. So, we have a motion and a second for the vested right special use permit site plan amendment. All in favor signify by saying I. I. Any opposition. The motion carries unanimously. Thank you.

All right. Next and related is the

text amendment submitted by Abram and Associates on behalf of Blue Moon Restaurant. Kelly. All right. pull this up so we can look at it as we talk. Okay. So, um this next item that we have, it's a unified development ordinance text amendment request. submitted by Alamoral and Associates on behalf of Blue Moon Beach Grill. And we do have um engineer Jay Overton available today to speak to this as well as the next um request. So the amendment proposes creating a new accessory use um within the town called restaurant waiting lounge. As with any text amendment, the request is legislative in nature, meaning it is not sight specific, even though the idea originated from a situation involving um Blue Moon Restaurant. If adopted, the ordinance would apply to any restaurant that meets the requirements and obtains the necessary um approvals. and we'll go over what all of that is. Um, how this text amendment came about is, um, as I'm sure everyone in here knows, Blue Moon, uh, is an incredibly successful restaurant within the town. They, um, relocated to their new location on Dove Street in 2023, and, um, it's just continued to grow in popularity. Um, with that popularity has

some operational challenges during peak um service periods. You have patrons um trying to circle the parking lot to find a parking space. Um once you find a parking space, they're having to wait a good amount of time. So they're um either they're on the porch able to go to the back if it's really hot. Um it can get um it can it can get uh crowded in those spaces. So, um you tend to have uh a lot of people waiting because this is such a um successful restaurant. So, um in late 2024, the owners Scott and Melissa Shields purchased the property right across East Street at 101 East Street. And um that helped alleviate some of the parking concerns. Um, from there, conversations began about whether the existing building could be used as a waiting and gathering space for restaurant patrons. Um, and I will say that the um Jay and the Shields have been talking and communicating to staff for over a year at this point um about the parking concerns, about the best way to alleviate those concerns um and about um this building and what it can be used for. that um meets the town's UDO um as well as the needs for the applicant. So, this has been um I just want to thank them because it's been an ongoing process and everybody's um worked really well through this. But as we were talking um we realized that there was a gap in our ordinance as well as our

understanding um of what the ABC commission was going to be able to approve for them. Um so as you know the property at 101 east of it was called Keepers Galley. It was um and it still is technically at this point approved as um indoor public facility. So it was like an event space. Uh there is there is not a full kitchen in there. So people were able to rent that space, hold weddings, parties, um conferences, all sorts of things and have something catered there. Um and alcohol could be served um through a permit via the that was coming in. Um so when we were talking about it um for the shields being able to use this as a space for people to go and wait either prior to being served or perhaps they've had their dinner and they want to go over here and um finish up their evening with a dessert and a beer like how that was going to work out. What was that going to look like in terms of our ordinance? Um, so when we were talking about that, we realized that our ordinance didn't really have a mechanism to allow that type of arrangement. Um, and the primary thing to to acknowledge here is the town of Nagad, our UDO does not allow for standalone bars, taverns, or drinking establishments. And I'm sure as everyone on this board knows, that's pretty much a non-negotiable for the town. Um, we've had bar type situations that have been bars and nightclubs. Thinking about Kelly's restaurant that have been incorporated into a restaurant. Um, but

we've never had just a standalone principle use as a bar where their sole primary function was alcohol sales um and consumption. And that is not something that the town um has wanted. Um, and I will say, some of you may recall, it's probably about a year ago when we first started talking about this, um, we actually brought a text amendment to the planning board, um, that was related to bars and staff and the applicant and everybody involved was like, this is not the right approach. This doesn't this doesn't accomplish what they wanted to do and it's not what the town wanted. So, we pulled that amendment and it's taken a while, but we're finally back to you now to try to find some resolution and how to bridge that gap between um what the applicant would like to occur at this space versus what the town can allow. Um so, again, what this text amendment would do is it would establish a new use called restaurant waiting lounge. I have the definition um up here on the screen. You can see it's pretty thorough. Um let me see if I can scroll down and pick up that last part of it. Um essentially it's going to be an indoor detached fully enclosed structure accessory to the principal restaurant where patrons um can uh gather before being seated. Um the definition was written carefully to make clear that it does not include um outdoor patios, tents, stages or any other temporary structures. Those things would continue

to be regulated as part of the principal restaurant use. So when you look at the supplemental standards for a sitdown restaurant now it states that you can only have 15% of the area of your principal sitdown restaurant and entertainment uses which is including things like your your stage your outdoor bar things of that nature. Um so this is separate from that and we wanted to make that distinction. Um there are safeguards in the ordinance. One of staff's main goals was to make sure that this couldn't evolve into a bar or drinking establishment. And I want to note that the shields and Jay have made it clear that that is not what they are looking for either. Um the ordinance includes several safeguards such as um the uh the restaurant waiting lounge shall be accessory and subordinate to a restaurant. It must operate the same hours as the restaurant. I think these are actually included in um in our supplemental standards down here. Um, it must operate the same hours as the restaurant. It can only serve patrons of the restaurant. Um, it cannot operate as a bar, tavern, or nightclub. It must include the restaurant name, incorporate the primary restaurant name into its signage. Um, and the the big piece is that it must be approved through a special use permit. um and it must be approved with a unified development plan. So looking at the principal restaurant and the accessory

structure as a um a unified commercial development that is complimementaryary of each other and they don't function separately. Um so these provisions um are in place uh to clearly make sure that that this facility would remain accessory and tied to the restaurant. Um for parking considerations, pretty sure I put those in there. There they are. Um the ordinance also clarifies how um this new use would be parked and we're going to park it the same way as we would park customer service area in a restaurant. One space per 55 square feet of customer service area. So anywhere a customer is um uh sitting, eating, drinking, dining, that's going to be customer service area. Um so That's that part. Um so when a a restaurant would not be able to add um a waiting lounge without also adding the required parking. So that's going to be important to note as well. Um and again you'll see you'll see how this all comes together when we look at our next item. Um the amendment also adds a clear definition for bar, tavern, and drinking establishment. We didn't have that before. Um it was clear uh well we did say that we expressly prohibited nightclubs. Um but we did not have a definition for bar, tavern or drinking establishment. We just said that it was only contemplated in the context of a principal restaurant. So now that we're getting

into territory where this detached standalone structure um may start to look like that. We want to make sure that we've identified what a bar is so that we know what this structure cannot do. Um so we've provided that definition. Um as well uh you'll note it's a commercial establishment uh with a principal use a sales service on premise consumption of alcoholic beverages. Um such use includes bars, taverns, pubs, cocktail lounges, etc. Um, when you go down to the bottom, this term shall not include a restaurant in which the preparation and service of full meals for onremise consumption is the principal use and alcoholic beverage service is secondary. This term shall also not include an approved restaurant waiting lounge that operates um solely in conjunction with the principal restaurant and does not function as any type of independent establishment. Um, so I will say, um, we did look at this in conjunction with our comprehensive land use plan. Um, and there were several items in there and I included that in your staff report. Um, but in staff's review, this proposed amendment does um, it is compatible with its surrounding uses in that area. Um it is supporting local businesses. We are ensuring that there's adequate parking available um and there and it is discouraging higher intensity uses um that would create conflicts with nearby areas. So staff does feel like this amendment is consistent with those policies. Um and I want to say I keep wanting to reference the next item but

we can't do that. Um I keep wanting to talk about the site plan that goes along with it. Um but for this um the text amendment is not sight specific. Um so I'm trying to keep it strictly to the text. Um but based upon that, uh staff believes that what's before you um does provide a reasonable regulatory framework that allows restaurants to manage customer waiting areas while maintaining the town's policy of not allowing a standalone bar, tavern, or drinking establishment as a principal use. Um and I think the only thing that I didn't touch on here was um this new use is proposed in um section 6.6 in every zoning category that a sitdown restaurant was already allowed. So um happy to answer any questions that you may have. It is a lot of information. Um, I didn't go through each condition verbatim, but I'm happy to to discuss each one if that's helpful. Um, and again, Jay Overton is here on behalf of the applicant who made the original request.

Kelly, I have a question. I heard you say I heard you say that uh the restaurant waiting lounge would only be for patrons of restaurant, but it's a separate building. How will that be controlled? Maybe Mr. Overton knows that because I could see people get clever. is like, "Hey, there's a place I can go buy a beer and just run in, have a beer, and run back out, you know." Um, it may. I mean, I think in terms of signage, advertisement, and just the practice of how they're going to ensure that, I'm not going to lie, one person, two people might slip in occasionally, but I think by and large, they have a system in mind

um to keep that from happening. And and I can let Jay speak to that, but I imagine when you go to Blue Moon on and you're told there's a 45 minute wait, you'll be given the options of going to the backyard or you can go um across the street to the um to the restaurant waiting lounge which I don't know what it's going to be named. So, but Jay can touch on that as well. Okay. Are there any more questions, Kelly? right now. Jay, would you like to come and I guess share your your thoughts with us on this?

I do have a question for Kelly. Is this confused by it being two separate parcels in the road? It is. So, this is um we talked about this a little bit and yeah, I didn't want to dive too much into it, but so um sorry. No, no, no. Absolutely. There's there's something similar but not similar happening in Kill Double Hills where you have Mama Quan's right and then you have the Pizza Hut right beside it and I did think of that um and those are under same ownership um but there isn't a road and going between the two so they could look at that comprehensively and not have two separate parcels

and in that situation the primary The primary concern for the owners at the time, I believe, was parking. And so is that that's so is that's consistent with this plan without we're winking at that line as as as I see it. That is exactly where this came from. And I didn't I didn't discuss it in your staff report for the text amendment, but essentially

I don't want to speak out of term, but I believe the Shields purchased this property before they owned it. They were using it even when Mr. Wilkins owned the property on nights when he did not have events. they were people were allowed to park there and it was helpful to the town because we were having less parking issues on Dove Street. And um so when the property came up for sale, the Shields purchased this property with the intention of using that parking to alleviate a lot of their parking concerns, which it absolutely did. I can say this past season the town didn't really have any issues with um overflow parking there, but as you start to look at it, they now um own this property that has a structure on it. And how can we utilize this structure in tandem with the restaurant so that it doesn't exacerbate or create a new parking standard because And again, I think we're getting more into the site plan, but I guess what I would like to say is they could certainly operate this space as it was being operated. They could put a retail establishment in there. They could do a lot of things, but then you would have two principal uses. You would have your very successful restaurant use that is already experiencing parking problems. Another principal independent use that has its own parking generation and he really done nothing to solve the parking issue. So, this was an approach to have the parking accommodate the needs of the restaurant, but also be able to make use of that space where they're still able to

do something with that. Yeah, it's just so hard to look at one without looking at the other. So, thank you for trying to keep the paper wall. No, it's fine. It's fine. It blurred at the end. I apologize. Thank you, Kelly.

I'm old school. Good morning. My name is Jay Overton. I'm with Alam Marlin Associates. Appreciate y'all taking the time this morning to go over this. As Kelly's already indicated, this has been a not a forever project, but it's been something that's been going on for several months now. And at the heart of this, the Shields have been here for over 20 years with their restaurant. They moved to this new location. Um, it has been wellreceived by both residents and visitors, and they want to do everything possible to continue and improve that experience for everyone. Um, With the new facility came some challenges with parking and waiting and that was problematic to them because they felt that the experience that people had grown to know by coming to the restaurant was being compromised. So, as Kelly indicated, they did talk with Jerry and Jerry was gracious to allow them to use the adjacent property for for parking when he did not have events. and I think the two of them came to an agreement that it would be good for there to be a transfer of the property. Um it is not its highest and best use being a parking lot. There's a fine building there. Um it's also not its highest and best use as Kelly just explained for it to be two independent operations going on. Uh so with that what we were looking at was the ability to be able to further the experience and all of you I'm sure have gone in to the restaurant. You've enjoyed the meal. You've enjoyed the atmosphere. You've enjoyed just spending time with folks. So is everybody else. So, this was an opportunity to take this building and expand that opportunity for that experience, whether it's prior to the

meal, after the meal. Uh the hospital was up here just a few minutes ago talking about the heat and humidity. Well, the heat and humidity is about the same, if not more, out there on that porch or in the uh the lawn area. And this inside facility provided the opportunity to to give an an alternative with regard to the the intent of all this. We have a restaurant and the intent is for the restaurant to continue to be the primary use. This expansion is just to supplement that. Specifically to your your question about someone coming in and wanting to get a beer. Um, right now there are people that come in and at times I'm sure that just want to get a beer. Um, there's a lot of places on the Outer Banks that you can go and get a beer and um that is not what they're looking for. They're looking for people coming in wanting to be seated, wanting to have a meal u and they can can go to any number of places uh within the facility to to wait for that meal. So u a lot of all of us have been involved in various enterprises over the years and we have the opportunity to to guide that ship where it's going to go. Their guidance of this facility is for people to come and to have meals and to enjoy that dining experience and for it to be nothing more than that or an extension thereof. So I would like to uh thank Kelly and Andy. We have spent numerous hours talking about this trying to figure out a way in which we addressed the situation. We were able to enhance the facility and

the experience and at the same time keeping in mind what the town of Nagshe desired relative to this type of user. And I think we we've done a good job. I think we've we've threaded that needle to the point that we're we're addressing what needed to be addressed and we're providing what people desire when they come here or if they're already here for a dining experience. With that, I'll answer any questions that you may have. I'm sure with the next item, we'll get into some more specific things, but I think in general, this has given us a great framework to work on something like this. Thank you'all.

Thank you, Jay. Are there any questions for J? I I I think the only Okay, so specific to this, it's just so hard for me to keep the two separate is um what kind of handicapped accessibility issues will you have on site? Uh handicap accessibility is not an issue. The the existing facility already has handicap ramps. It's already ADA. All the ADA requirements are there. So, none of that's changing

on both of them. Yeah, they're both staying the same in that regard. And the only thing um that they're just doing a little remodeling on the inside just to make the two together, but that's getting off to the other side. Yeah. And and it's it's kind of down that road. Would would there be due to this amendment um or this this addition to the the UDO, would there be a way for someone to go straight in for a seat to bypass the waiting area? You mean at the main restaurant?

At the main restaurant. You mean well let's even assume if this is one property and and this is that that's I guess that's kind of how we have to look at it. it. I think what I think what Dave is is um trying to um point out is that sort of what Basil had indicated like what's going to keep someone from just going right into the waiting area and not bypassing the restaurant, putting their name in and then being directed over there

or even let's say somebody with special needs um if they are going to if this is on one parcel they would be they would remain on site and they would not they would be able to be moved with relative ease from entrance to a seat as now this there is some I'm imagining now a great walkway between the two so would there be some let's say my grandmother if if she were still with us if she were to come to this would she be able to go directly in um will there be some sort of allowances made for people with accessib ibility issues. That's that that's kind of where that's what I was trying to construct.

Can I just add something to David's uh inquiry here? Um this is an optional waiting area. You can still wait at the restaurant. You can wait in the lobby. You can wait on the deck. You can wait in the backyard. It's merely an option. Okay. Okay. Great. Yeah. I mean, you still would go to the restaurant to

be seated, get in line and so forth. And there the existing seating capacity, decks and so forth are going to be unchanged. It's just additional. So, there's going to be times where there there would be very few people across the street early in the evening. when you get to that peak time and folks want to hang out on the the U deck at the restaurant, they'll still be able to do so. But if they desire to go to the other waiting area, there will be an additional space that's available for them. So nothing's changing on site. It's an addition to it.

So in that particular case, I would see that they would make accommodations for someone to stay right there and not have them going back and forth. That raises a question for me. There are certain tables that are reserved for people in wheelchairs or otherwise have some mobility impairments. Is that also true for the inside seating in the u the waiting lounge? Yes sir. All of it handicap access accessible. Okay. Very good. Thanks Jay. Any other questions?

Thank you sir. Appreciate it. One more thing very quickly. Yes. I apologize. To get back to what Basel had said. So, we're asking that if you do proceed with this that it's

um a special use permit. So, any anyone doing this has to go through the special use permit process and have this unified development plan approved. So, I'll be honest, might one or two people go in there strictly to just have a beer, meet with for a little bit and leave possibly. But if that becomes the overwhelming use, um we can always look to the special use permit, identify that they're in violation of the special use permit and start having the conversation you need to come back into compliance or or we're going to revoke it, which I doubt we'll ever get to that point, but there is a mechanism there.

Okay. And I think you're right. I don't think we'll get to that point, but that's that's a good good fix. You know, you can pull the special use language if you need to. And I'm thinking when you know, there's plenty of other restaurants in Nags Head where you can go in and I mean, I've never done this, but just go to the bar at Tortugas and have a couple beers and leave and you don't have to eat. I guess too I'm sorry. Go ahead. The other thing too is that if if that were to be a problem, then you would probably begin to see a problem with parking even over there. Yes. So I mean that's that's a way begin to visually right

I as well I would think that might lend to the signage and naming of it um might also hand and glove and I and I'm not asking for to peak behind some kind of a curtain here but um you are the Wizard of Oz in this scenario so you know it you know it's how are you going to how are you going to create some level of priority

um with regard to the naming in the text it talks about there has to be naming that's comparable and ties both of them together. Um initially they were thinking that they would call this the boat house social just to be able to identify this is another place to go. Uh what's been talked about recently is that there would be the naming would be the blue moon social just so that they would be able to say to people that are coming in you can have a seat here and these areas or you can go to the blue moon social which is right across the street which is the waiting area that we have in addition to what we have here. So from a naming standpoint, it would be the same as the restaurant, but it would also have its own identity so people would know where it is that they're being directed to go,

right? And I would say the Shields family, I mean, this is this is a great problem to have. Yes. you know, grow growing pains and they are highly successful, but they are also looking at the big picture and I I trust them that they're going to continue to have growing pains even if this gets approved because they are so popular and they'll and they'll work that out. Yes, they'll they'll figure out a system, you know, to minimize parking being used from people that aren't really using the restaurant. I just think that the Shields family will handle this very appropriately. They have a good reputation.

They have a great reputation. They're hard workers. Their management team is amazing. And they're I frequent there off season or I ride my bike to not to take up their parking spaces. But um I trust that they'll do a great job.

And I and I guess the issue I'm looking at is you know not specific to this site because it will be for others. Undoing is sometimes harder than doing. So you know Is it clear to, and I guess this is a question for Kelly, not looking forward when I was there. Is it clear to you that this will be something that will be able to be revisited and remediated um without fatal errors being kind of subjugated upon the the p the the the people who own the the property or paid? So you mean in terms of

let's say let's say this were to happen in another spot and people you know varying levels of um it happens and you know beyond the greatest plans is undoing something that is easily done. I think revoca yeah revocation of the special use permit is is going to be the most straightforward way to address any type of so violation but there's some other things there too that I it you know it has to be under the same ownership same management um it can't be leased sold separately so you know there's a lot of checks and balances if if one were to

to go a different Okay. So I I guess you know you know once you get there measuring that would be something that would be reasonably easy to to do and to establish that there is some level of wonder. We have wandered away from where we started.

Yeah I think so I think as was mentioned there's you know when things start when parking starts to become an issue um one thing we mentioned was hours would stay the same. I think blue moon closes at 10. This would close at 10 as well. If you start seeing activity there much, you know, past 11, 11, you know, it there's things that are going to kind of peak your interest like, okay, I think this is something operating outside of the guidelines of what we approved and we need to look look into it a little

like if you had a lot of of um reservation cancellations. Well, I've made a reservation. I go over to the lounge. I have a few beers and then I cancel my reservation and go home. I guess if you saw a lot of that, that would be an indicator as well as the parking becomes an issue that people are using this just as a bar. Yeah. So, I mean, I'm sure that the Shields, who are not new at this game, probably have or will develop or will improve a system with checks and balances to be sure that they stay in compliance.

Yeah. And and my concern isn't with the with this this instant, it's the next one. And the one the third one is the one that really is where we might get. being a special use, they have to go through

through all of the process and the checklist and and I think that in my opinion, I think the Kelly the town has has a pretty good idea of this is not the opportunities for this to be repeated are very very slim and limited uh just because of the requirements that they have to be continuous and and the same ownership and all of that. So I I don't think that allowing this is going to create a a problem down the road that much.

Uh not to open Pandora's box, but however, if you take a 30,000 foot view of this, there is another restaurant north of there in our town uh that is uh extremely short of parking. Particularly if you ask people that attend the Baptist church, I think that's driftwood. Um, this may u we may consider looking at the amount of parking in general, our parking regulations for restaurants. I have some good news on that

if it's okay. Thank you, Jay. Sure. Um I believe you're talking about the one close to 8th Street across from Satderfield Landing. Yes. Yeah. So um Shakas, they purchased a vacant lot south of them and um administratively they worked with um Joanne Laugh to put together a site plan. They are able to come off of um I believe it's Memorial. Is it Memorial back there?

They're going to come off of Memorial, keep that lot natural, um mulch it, and they're going to be able to provide somewhere between 35 to 40 additional overflow parking spaces in on that property there. So, we are very hopeful that that like They're also taking measures. They recognize their problem and they're also taking measures to accommodate that as well.

And that's great. But that still goes back to the question, do we need to look at our parking regulations for restaurants when we have, you know, two very successful restaurants in the town that have had to go purchase accessory properties just for parking?

Perhaps. I think one thing to think about with that because there's been a lot of conversations about popular restaurants, the parking standard, um the use of outside spaces, um for entertainment, bands, cornhole, etc. And we talk about that occasionally, but one I think one thing that we just have to keep in mind is the parking standard we have now, the one per 55. Um, it's been in place for a very long time and it could create notable and significant nonconformities for a lot of our existing restaurants to deviate in such a way. It it would have to be a very um a very detailed and holistic look at changing to ensure that we're not affecting too many too many other properties by creating nonconformities unintentionally.

Um

and I think part of what has caused it you just made reference to um it's very expensive to buy property. It's very expensive to buy a building. It's very expensive to build a building and you want to maximize your return on investment. And in order to do that, I think we see more use of outdoor spaces so that you can serve more people and generate more income while those people are on your property than it used to do in the past. It used to be, okay, here's the restaurant. You eat and drink within the four walls of the restaurant and and then you leave. But now it's the backyard and the cornhole and waiting and all the other things which I think is great. I think it enhances the overall experience, but it also increases the number of people that can be on the property at any given moment.

And that's I will say that's a concern that the planning department has had for years. Yep. now and finding the appropriate way to tackle that whether it's um you know the health department looks at it as septic capacity that doesn't really help us in terms of but anyway that's it's a it's a really good point and it's something that's been in the back of your minds for a long time. Thank you Dave. Thank you Kelly. Okay. So, we've any more discussion on this text amendment?

Just one quick question, Kelly. Will this go to a public hearing if the if the board of commissioners approves it? It does. So, um today you've also got the um the site plan accompanying the unified development um to hear that today. And so this would go to consent agenda and then to public hearing where we would notify all the adjacent property owners, that type of thing. Okay. Thanks. Thank you, B. Any other discussion? So, we're at the point where I would like to entertain a motion.

I move that we approve it as written. We have a motion. Do we have a second? I'll second it. We have a second. Any further discussion? All in favor signify by saying I. I. I. Anybody opposed? Motion carries. Okay. Thank you all. So, we've put the horse before the cart. The question is, now we need to deal with the cart. Will we will we end up talking about the cart the horse again while we're talking about this one? I'm wondering if if if if Oh yeah.

Can I if it's one of these things where something is illuminated or brought up, are we able to reinject it into the prior situation? Kelly, I think we can discuss it um and talk it talk it through. Yeah, absolutely. I think I have a feeling something might be eliminated perhaps in at least somebody's process. Yeah, maybe. Yeah. All right. So, we are now

considering the special use permit seeking approval of the unified development plan for Blue Moon Restaurant and the restaurant waiting lounge. So, Kelly Okay. So, um understanding what we just did, now we want to talk about the special use um permit required to establish the unified development plan. And this one absolutely is sight specific. So, and Jay did a wonderful job of taking an aerial photograph of these existing parcels um that have been reviewed and approved independently and showing how um they will um operate as as essentially one cohesive commercial development. So, um, as stated, this was submitted by Albamoral and Associates on behalf of Blue Moon Beach Grill, um, to review their approval for their unified development plan. Um, it's being heard concurrently with the proposed ordinance amendment. You just heard that. So, as we move this forward, those things will run side by side. And even when we get to the board of commissioners, the text amendment will have to be heard prior to the unified development plan. So those are hand in hand. Um so much of what this staff report talks about we've already talked about um previously. Um but I do have some notes here. Again, um obviously it's a very

popular restaurant. We understand the parking needs there. We understand um that the property at 101 Keepers Galley uh what that used to be and where they are desiring to take that um with the restaurant waiting lounge. Um it would function as a place for patrons to wait for a table. They could gather there rather than standing outside standing on the porch of Blue Moon Restaurant. they would certainly have that option that we talked about, but it would just give them another opportunity. Um, because the applicant intends for these two properties to function together operationally, they're requesting uh approval of the unified development plan that essentially ties these two parcels together as a coordinated restaurant development. Um, I think everybody knows, but we have 102 east of as the restaurant 101 east of as the proposed restaurant waiting lounge. So both of these properties have already um been fully developed and they're compliant independently. The unified development plan does not propose any physical changes to either property, including building footprints, traffic circulation patterns, parking layout, landscaping, lighting, storm water infrastructure, all of that remains the same. Um, so really this is just a function of what's happening internally. um to the two properties. Um both of these properties are located in the C5 um historic character commercial district where restaurant sit down is already a

permitted use. The proposed ordinance amendment would allow restaurant waiting lounge as an accessory use through special use permit and all districts where restaurants are permitted. So, the use itself is considered compatible with the zoning district provided the operational safeguards are met. Um, grab some water real quick. So, one of the things uh talking about accessory that I kept wanting to mention when we were talking about the text amendment, but it is appropriate now is that um that we ensure that the restaurant waiting lounge is clearly accessory to the principal restaurant and the applicant um has provided did this rendering which is very helpful. Um, Blue Moon Restaurant has 2,513 square ft of customer service area. What you have um on the screen here is the proposed restaurant waiting lounge and they have identified 1,249 square ft of customer service in the waiting lounge. So this restaurant waiting lounge is less than half of the size um of the principal restaurant in terms of customer service area. So that absolutely speaks to that part of the ordinance where the restaurant waiting lounge is accessory and subordinate in area to your principal. And so I think that's a really key

important piece of this. And so I wanted to highlight that. In terms of parking, as we said, the parking standard is the same. It's one per 55 square ft of customer service area. When you look at the 2513 for Blue Moon Restaurant, the 1,249 for the waiting lounge, um that's going to require 72 parking spaces total and um they have 86 spaces provided on site. So um it remains compliant with parking and it would be compliant under this unified development plan. Some operational safeguards that we talked about in the text amendment. Um to make sure that this doesn't function as a standalone establishment. Um again must operate the same hours of operation as the restaurant. The applicant has indicated that that is their intention. May only patrons of the associated restaurant. And we've talked about how um that would um operationally occur and if it didn't, the steps that we would take to make sure that it did and talked about how signage must reference the associated restaurant and Mr. Overbertton went ahead and gave us some information on how they anticipate that to um work. So with these provisions, we feel like we can ensure that the use remains clearly accessory and tied to the restaurant operation. Um both properties remain compliant standalone as well as cohesively as part of this unified um development plan. Parking requirements are satisfied. The

accessory relationship between the two uses is preserved. And the proposal provides an operational solution for managing customer waiting areas again without creating additional parking issues. Um, in summary, both properties already met the town's development standards independently. The unified development plan simply allows them to operate together as a coordinated restaurant development and provides a structured way to manage customer waiting. Um based on this review, staff recommends approval of the special use permit and the unified development plan um contingent upon the text amendment also being adopted um by the governing body when we get there. So in terms of your packet, I really thought this visual was the most helpful. Um again, we have the customer service area. Um, this shows Blue Moon Restaurant, um, and their customer service area as well. Um, and then these are just the asbuilt surveys of both properties, just so you can see that they were um, fully developed, approved. None of these things are changing. Um, the the existing mature landscaping that's here, none of that's changing. Storm water management isn't changing. Traffic circulation isn't changing. This is your asbuilt um for the proposed restaurant waiting lounge. Again, um this is compliant as is. It's just now going to be tied to um this overall restaurant development scheme. So, um, typically for this type of use, we go through architecture, things like that.

It's really, it doesn't have to be touched on in this case because we're looking at two businesses that are already um, compliant in those regards. So, it's a little different from what we're used to, but um, I think this captures what it looks like in terms of a unified development. If you have any questions, I'll do my best to answer them and if I can't, I'm sure Jay can. Thank you, Kelly. Discussion questions for Kelly.

Um, pedestrian access. It's one of the things where so if I'm looking as I see this, it's kind of in shadow in that picture. Um if if if someone was to be summoned for their table at the at the at the larger restaurant um they'd have to walk across the street. There is no they would have to go out into the the vehicle area to walk across. Is that correct? Or is there a that I I find that odd especially considering that there are two there's nearly a straight line between the two um aprons for sidewalk um between them much more broad on the south on the on the on the left than on the right. And I'm I'm just wondering if that might be a consideration, especially, you know, because there's no crosswalk as well.

Well, people are already tra traversing that area, but it will be more people certainly, but you know, so we're creating the connectivity whereas there is no connectivity in actuality other than the the right of way. And so what I'm wondering is should should there be a crosswalk? Should there be some connectivity for for pedestrians to not get back into their cars and drive across the street, which isn't going to happen. I'm just wondering, are you suggesting then that,

you know, crosswalked there? I I in in my in my mind it would seem to make sense to decrease conflict especially when people are you know you want them to feel free to access their car so that they're not advancing their car to the other parking lot. So you I guess you're saying create some type of sidewalk connection

kind I it would see wouldn't it seem to make sense that you would have a walkway if it if this were one greater property there would be connectivity that connectivity doesn't exist virtually exists if there's a dotted line there isn't even a dotted line and a dotted line in this situation would it be a crosswalk my my concern concern is that if people are having to enter into the the the the vehicle access area, it might be a conflict and a conflict is an accident. Um it's foreseeable.

Yeah. the to follow up on what you're saying suggesting by adding that painted crosswalk then you're giving pedestrians the idea this is the space that you need to stay in to go from one building to the next and it provides some protection for you uh because pedestrians and the crosswalk have um have the right of way

and you know and I'm even thinking of so far is should there be some sort of signage to imply pedestrians have right away kind it's you that's that's how I'm looking at I know I'm I'm fine to be on my own on this but um is if does the board feel that there might need to be something of this ilk I I some sort of signage and perhaps a crosswalk like you got at the beach road we don't need to make flashing lights and all that stuff but just something to keep people in the right path. Yeah. Consistently. Exactly. My concern is that somebody's going to come rocketing off the bypass

and you know and and create an unaware situation. Um I think that's a reasonable concern. There is another concern which it's not ours but and I don't I certainly don't know AL uh standards chapter and verse but I believe that it's going to have to be very closely regulated. I don't believe you can carry an open alcoholic beverage back and forth. You cannot

across Dove Street. So there will certainly need to be staff monitoring. Oh look, our table's ready and I've just got this drink. Well, let's just walk across the street. I'm sorry you can't take that with you. Yeah, I know they are. It's just a staff concern. I'm sure they'll have some saying no alcohol beyond this point. Oh, I'm sure they will. I'm sure they will, but you know, in the height of summer. Yeah, I know. It'll have to be monitored.

Um, I do want to echo what Valerie said earlier. Uh the Shields are absolutely the class of restaurant operator that we would all hope to have in the town of Nags Head of business operators. Uh Blue Moon is run impeccably from front to back. It always looks good. U I have to give kudos. They had the best winter dye job on their grass I've ever seen in my life. It's just as green as it can be. That dormant grass. St. Patrick's Day. It

Yeah, St. Patrick's Day started in December, but it looks great. Uh I know that they will run this well. I do. Uh because that's what they do and it'll look great and it'll be wellkept and it'll be a credit to the town. Uh we just have to make sure that it's it's the right thing. That's a good point. I you know effectively speaking we're shortening the access between the two buildings by more than 20 feet by if if we were if there were to be a direct walkway between the two. So is your just so that I understand kind of around the back of the boat would your recommendation be to extend something in this area? Yeah. Kind of right. Yeah.

Like like this? That that would that would that would seem to make more sense. Um, if if I could mention, I have parked in what is still now the Keepers Galley and with my grandchildren and we have walked from the parking lot over to the over to the restaurant. There is a way to go where you're not going across the I'm sorry, if you go back, Kelly, to the other screen. Um,

so there's a way to go. So, you're not going to cut across and have to go through the parking lot in front of Blue Moon. You can kind of go around over the grass across the street and kind of go in through almost like the back porch. They have like a little arbor with a little gate and you go through the gate. So, you never have to access the front parking lot to get from and I'm and I'm immuneable I'm immuneable to any one of these ideas. It's just it's what works. And you know, people people are are are hurt animals and you know, so the idea would be to give them a safe safe ta place to

and I'm sure the Shields family is already thinking about this, how to safely get patrons from one building to the other, but it would be a great opportunity to utilize some artistic artwork by making a a really beautiful crossing area in the appropriate place to go from one building to the other in a safe manner getting people away from um the highway. Agre um so you don't have that person like making that quick right-hand turn or left-hand turn onto Dub Street. And that does make more sense.

And I and I think even if they make the uh have the directive where people are going to cross towards the back of the building and come in through the porch area, the back porch area, the backyard area to access their table and then have a to stand back there so they don't have to go to the front of the building which is closer to the highway. And I'm I'm sure they're thinking about all

I mean this is the perfect time to have this conversation and it's incorporated into consideration of approval for this unified development plan. If it's, you know, when you get to making a motion, if that's something that you want to include is that you would recommend approval of this special use permit unified development plan with a condition that um there be some type of delineated pedestrian access between properties.

Then then they would need show that hopefully for BOC looking backward to what was what we just went through connectivity I guess is some sort of meth some to is there enough verbiage in what we just pushed forward to create an understanding that should be connectivity between the two areas okay we can we can add that um if everybody I want to make sure everybody on the board's amanable that you're comfortable staff adding a level of connectivity and that we don't need to bring the amendment back.

And I I particularly like that moving it away from the highway so that when somebody's turning in they have more time to see people crossing and that would occur at towards the middle of Dove Street rather than at the beginning at the parking lot because people are looking into the parking lot both both ways right and left for a place to park. They're not looking straight down the road where people could be in the road. So, I think you're exactly right that moving it down there a little bit towards towards the rear of the building coming through the gate would make a lot of sense and more so it it very much so

it it it encourages them to leave their vehicles behind and you know and and it will create more control for AL etc etc etc. Yeah. I don't think the purpose of this is to have people get in their vehicles and then relocate it over to the main restaurant at all. Yes. Once you park, you park. Yeah, exactly. Well, Dave, for once, I'm going to agree with you. It was a good comment. How about that? Happy St. Patrick's Day to you. That's what you get for wearing shorts when it's cold outside. Well, you know, lions and we're in the month of lions and lambs. This is a lion day. Um,

I don't think that we're going to have an issue no matter how we we deal back and forth with people wanting to get in their car and drive over to go find another space.

Um, but just sitting there listening to the discussion and thinking about uh what Scott and Melissa are going to have to deal with relative to the daytoday interaction with folks. someone comes into the the front door there and they want to get a reservation and then they can stay on the main site or they can go to the other site. But when they come back, I don't know that it's going to be very conducive to bring those people right back to the same place they started so that they're having to interact

with new people coming in. Likewise, as we discussed, there's still going to be the facilities on site that have always been there for people that are waiting and for the most part, they gravitate towards the rear of the building, which is what you indicated a few minutes ago. So if there is an opportunity there to capitalize on that that whether you're waiting on the main restaurant site or you're waiting on the other site across the street if you're coming on the east side of the building to respond to your tables ready then it breaks up the uh the traffic. Also when you look at the um waiting lounge it it gives another point of control there. People are coming through the front door.

Yes. And they're leaving out the back door. So, we've created a traffic flow here through this discussion that I think would help them in looking at what they're they're dealing with. U the only thing I add to that is you know I have a I have a mother that is she would want me to bring the car over to the and so that will be something that would if when that does come to pass in my specific situation she's no matter where the car was parked she's going to want it parked in the other location as I get older it's harder to sit down and get up so um I'm not saying that that always will happen but that's not going to be abnormal I don't think

and I think that would be a perfect situation where I wouldn't take my handicapped mother across the street. I would stay in the restaurant. Right. Exactly. And I'm sure that they have accommodations for people. It's going to be it's going to be a languageformational thing. We will let you know this is a possibility. Oh, you have somebody. So, we can hopefully create some accommodation. Perfect. Yeah.

I think this is this is becoming more ideal. The only other thing I'm not sure of right now as I I stand here what the lot coverage is like on the two sites. So when we start adding additional concrete or any type of of hard structure in the rightway that's not an issue because the rightway is not regulated as to coverage. But when we start looking at on site, I think on the existing site, uh there's not that much space between the the building and the rightway that there may not be enough room to add something there. Uh same thing being true on the keeper galley side. I'm not sure what the um coverage is like, but we could potentially look at something wavers. We could look at

I don't think we're talking about adding coverage. We're just talking about a crosswalk, right? Yeah. The crosswalk could could be painted on the asphalt. That doesn't discussion requirement for any additional black coverage. No, I think just having a very artistic something that would that would simulate blue moon to connect the two. I just want to make sure that we weren't thinking in our minds that we were going to have a hardened structure. I think this is we're talking about sausage now. You know, the idea is the product is I I think we're all agreeing that this is this is a better way. Um hopefully got a good point there, too. And keeping everything back.

Something something that delineates it, but we're not looking at something that's a hardened structure. That's that's the only negative that came to mind as we were talking about this. Didn't want it to get derailed over some technicality, but we're all talking about things that are totally doable. Um I would like to add one more thing. I liked your idea when they were talking about names for the um waiting area not to have it a separate like the boat house. I think keeping it the name associated with blue moon is ideal because then people know that oh we could go over oh boat house let's go check that out which is totally going to undermine right

the purpose of the of of the waiting area for blue moon patrons. So having that named in the scheme of blue moon restaurant, Blue Moon, Blue Moon should be part of that name. I in my opinion written in the text amendment that it would have to have the same name incorporated in. Will there be any appearance modifications to the existing building that is going to is it going to look the same? Is it more similar to Blue Moon than it? I think eventually it may, but right now I think pretty much exhausted with spending money. So there's always the time they can paint the line, you know. So yeah, thank you Jay.

Thank you. Appreciate all your input as. So Kelly, um just to wrap up, I guess I will say we will go back to the text amendment and create some language about delineating connectivity. Yes. And as part of your motion for this, if you're inclined, just go ahead and speak to, you know, recommending approval, noting uh a condition that they delineate some type of um visual connectivity between the two. And that way, we're not saying sidewalk or, you know, what what it's going to look like. They're just delineating a clear pedestrian path, right? But the location of that

path is critical based on what Val is suggesting and moving it back so that it connects to the gate. I think that is ideal. But also when you've got people running from one parking lot to another, they're naturally going to take the the quickest, shortest route. So we need to

protect that somehow, too. And I think if they I think the Shields family um might think about that and have an entrance only in the front of the waiting lounge. So people are they need to exit through the rear of the building. Maybe maybe have that only as in and I don't know about fire standards. I don't know all of anything about that. But that could be one way to try to help people. And of course people are going to do what they want to do. That's true. Yeah. We've got crosswalks all over town that people don't use. Exactly. And cars don't stop for every crosswalk. So crosswalk is a suggestion. Yeah. Anyhow, um thank you, Kelly.

Thank you. All right. Any further discussion before we move to a motion?

Um the the the things that I like that we that have kind of come to pass, I think, is as much as the the the functions are the same, it's if they look the same and sound the same. Um, and that's the word tech connectivity I think is more than just name and lo local services. I feel like it'd be great if they looked very similar. I'm not saying that that's something we can require, but I think that if I could throw an elbow, that'd be great because if they're if they if they if they're the same color, if the signage is the same hues, it's much better. just a name and and and so that'd be that's I I would look into that with the connectivity as well, you know, as much connectivity as possible.

I don't agree with that. I don't agree with that. Well, you know, I'm also looking at AL um the rest of that kind of stuff. I mean, the text amendment, we've already talked about you got to incorporate the name and everything else. And actually, no, the test text amendment doesn't mention Yeah, it does. It does. It does. Yeah. It does.

Okay. And and as part of this as part of the the text amendment, you know, we didn't include anything about they have to be architecturally designed or similar. I think if an applicant wants to do that and and clearly they may um but you know right now the connectivity the connectivity was primarily in terms of like um signage and advertisement as well as the pedestrian as well. But just speaking to Dave's piece, there there was not a requirement that they visually look the same. The architectural styles are very similar. I don't think it needs to be the same color. Being the same color could be confusing.

And I think, oh, Blue Moon, it's the blue plate. Which Which building is it? Yeah. I I think that's a little bit beyond our perview. That's right. I can ask. Yep. Of course. Of course. Somehow it's worked thus far. So many people know even with the name being different that that's the extended parking area for Blue Moon. So seems to work.

Okay. So we've exhausted discussion and answered all the questions. So at this point in time I would like to entertain that somebody make a motion. what Kelly said. That's what I motioned. No, I I we'll have to work on the words, but I I move that we approve as written with a condition that there's some sort of walkway to help with pedestrian safety between the two buildings. Okay. So, delineated delineated pedestrian accessibility. I'll second the motion. All right.

That is that's fine with me. We have a second. We have a second. Any further discussion? All in favor say I. I. Any opposition? The motion carries unanimously. Thank you. And thank you, J. Thank you. I'm glad we could finally agree. And have a beer for me. All right. Great. Right. Okay. Thank you all. Now, the next item we have on our agenda is the report on board of commission actions from March the 4th.

So, I'm going to go through um these pretty quickly. We do have our IT administrator and Shan representative here. Um and we still need to get through one more item with Joe. So, I'm going to go fast. Stop me. Perfect. if you need um need me to elaborate on anything.

So, at the March 4th BOC, we had a presentation from our arts and culture committee. Um when I sent your email out, I kind of gave a plug. If you're interested in hearing about the nest presentation or the art and culture presentation, it was right there in the beginning of the BOC meeting. Um, we had our memorandum of agreement updated between the town and um, the North Carolina Sedimentation and Erosion Control Commission. It's just something we have to do intermittently. But it's it's basically that piece that says if you disturb greater than an acre, you've got to put your silt fence up. You've got to do certain protective things like that.

So, that went smoothly. We had our public hearing for the special use permit for TWWs. Um, bait and tackle for that group development that was approved. Um, also had a public hearing for the lighting for pickle ball courts and that was approved as presented. Um, had her site plan review for the Dare County EMS station. As you remember, very little changed there. So, that went through easily. Um and then our town manager Andy Garmin um introduced um our uh uh lobbyists um with Warden and Smith. Uh Whitney Campbell Christensen was here. She gave a great update on how things are moving in Raleigh. Um so hopefully everybody had a chance to look at that. And then lastly, um Air Deputy Planning Director Joe Costello provided an update on the shoreline management plan, which um he's also going to run through quickly this morning. Um after my presentation, um while I'm up here, I just wanted to note looking at the director's report, um there's not a whole lot to add to that. Uh the septic health advisory committee met in February um and we went through where we're at in terms of septic inspections, pumpout credits, how many loans have been um issued. So that program is doing really well, but we're looking at getting a mailer out to hopefully engage uh more people and get more participation with that. Um sand relocation continuing to go really well. um having a lot of people apply to remove that wind blown sand away from their structures and a

lot of people um touching base with Lily uh regarding the dune management cost share getting that reimbursement of up to 3500 um for that type of work and then um it's really all I have like I said we have we gave a update for the committee for art and culture um and you can see that on the BOC so I slid through two reports there pretty quickly. If you have any questions, let me know. Any questions? Thank you, Kelly. Thank you.

That was quick and efficient. Okay, discussion item on the Estrin shoreline management plan.

So, Joe and do me do me a favor microphone.

Yes. Sorry. try and get this microphone correct this time. Can you all hear me? Hello. Hello, Lily.

Nice. Okay. Yeah, last month it wasn't that great of a recording, so I apologize. Um, some of you who were here last month, you've seen a lot of this presentation, but I thought it would be helpful to sort of go through it all again and just talk through sort of a few steps back a higher level view of our estuary and shoreline management planning efforts. Um the primary purpose of the plan was to to develop strategies that prioritize living and natural shoreline management techniques for the town's estuary and shoreline. Um some of the goals were to protect shorelines from eroding to improve water quality, support the natural environment, and to preserve and enhance um recreational access to the sound. Here's a photo of a natural shoreline. Here's this continuum of shoreline treatments. I look at this a lot. Um, you know, given that we have an eroding shoreline, it sort of begs the questions, well, what are your options? These are basically your options. Um, from vegetation only that provides a buffer to upland areas to sort of a little bit of edging. Then as you continue a sill which is parallel to a vegetated shoreline sort of a rock structure could be you can use other materials to reduce that wave energy and hold the shoreline in place. Then you have a breakwater something that's put out in the water again reduce that wave energy. Then you have a revetment and then all the way on the most hard end is is a bulkhead structure. Um, so this is a graphic that was included in our estuary and shoreline management plan and I spoke about it

last month, but it's really important to note that, you know, we see bulkheads all the time, but it actually has a pretty intense effect on the nearshore environment. You know, you naturally have this interface between land and water. And when you put in a bulkhead, it interrupts that interaction. You know, you can see how there's sort of scour from the wave energy that bounces off the bulkhead. in what was a natural area, you had SAV that was getting proper sunlight, which is really important for habitat and and water quality as well to have that vegetation gets disrupted. Um, in town when this was done, you can see that our natural shoreline was about 70,000 linear feet and then the man-made shoreline is about 50,000. Here's some photos um just of some examples of natural vegetation only shoreline. You have where it goes from water directly to marsh grass and then you have a natural shoreline with sandy beach and then marsh grass. Here you have a rock sill rock sill. Here's photo. This is from Staten Island. Um they put some offshore breakaters out in the water to protect their natural shoreline. Here's Carterette County. They sort of have a mix of a sill and a breakwater structure. Here in town we have rip wrap and then on the right is a sheltered bulkhead situation. just wanted to, you know, we talk a lot about the estro line management plan and

some of the projects and it just I think helps me anyway and hopefully helps you as well to just sort of see some examples and think about what people are doing and and and you know there's there's a correct environment for different types of treatments.

Um I added a couple new ones. Here's one from actually where my hometown in Yorktown. Um I like the before and after a lot. You see the impact of the uh rock sills and in that situation it accreted a lot of sand there. Here right across the water the York River in Gloucester you have a rock sill being installed in a low marsh and then a high marsh environment. This is in Pine Null Shores. It's a sill but they used a lot of natural materials. oyster shells um basically cemented together through this proprietary material to allow for oyster growth which is improvement to water quality as well as habitat. And so going back to our estro and shoreline management plan, we looked at our estro and shoreline in a in a regional context in a townwide context instead of an individual property owner context, which is how it had been managed to date. and the advisory committee basically identified 11 pilot sites to attempt to start managing this or in shoreline using some of these natural or or more green type solutions. Um the villunes drive site was selected as one. Um we are still working with those property owners to identify solutions for an estranian shoreline management technique that would be more natural. Um the way we see it as if all of this was bulkheaded tomorrow, it would be a real loss for the Nag Woods and and for the town and looking at those sort of linear feet totals to have all of that shift to bulkhead or to harden shoreline would be a loss. And so we're trying to preserve the natural shoreline where we can.

Here's Southside Road. You know, I put the white box there. We're really looking at that section. Now, um we've identified that as an opportunity to do a burm type structure and and get some marsh plantings instead of what is currently, you know, some concrete aprons that basically was placed there. um and and provide the roadway protection, some storm water management and treatment as well. Uh showed you guys this graphic last time, but here's um basically the orange line represents our current shoreline as of I think it's 2024. And then you have the sort of lighter yellow line from the mid 1970s. So you can see over about 50 year period there's been a loss of in some places almost up to 300 feet. Um so pretty significant loss of land in another 50 years you can basically you know conclude that you would have similar levels of erosion which is why we've um got a major permit application in to do this living shoreline at Harvey Sound. Um it's sort of a mix of some of the shoreline techniques that you've seen. You have the the more north portion of the site. We have this offshore breakwater structures. They're going to be quite large. Um 50 feet long, about 30 feet wide, about a foot and a half above to two feet above mean high water. Um but you know, being in the sound there, you know, all that water and all that fetch kind of comes down hopefully that will provide, you know, really big weight behind it. And like like that graphic I showed you from Yorktown, there's even a possibility that there would be some accretion or but at least there'll be protection of

the marsh and the SAV right behind it and it will keep um the area from eroding further. Then towards the middle of the site you have the gazebo which we took into account to ensure that there was a view cone there for people who were taking photos off of it. Um, we instead wrapped the sill basically behind the structure there. And then further further to the south at the public access, we have the soft fringe entry. We're trying to get some sandy beach placed back where it historically was. Joe, before you change off of that,

what is the composition of the uh offshore wave attenuation sills? What is it's They'll put a geoexile fabric down and then it will be um granite. So it's rock. Yeah. Okay. And there was talks early on in the design that there would be maybe like proprietary material. Ultimately the tourism board's going to own it. Um the potential issue with some of those proprietary materials is there's a concern that they won't be in business in 10 years or 20 years or 30 years whereas we can get rock and put it back. So tourism board felt most comfortable with having some a material that they could replace if there's damage or an issue.

Yes. Thank you.

And then here is what we're calling the catfish farm living shoreline site that we're looking to do a design. Um there between sort of the Villa Dunes um condos and the Sugar Creek restaurant, you have those marsh areas that are town owned. They're under conservation easement. And so we're looking to do a more natural, more green on that spectrum treatment to again protect that area from erosion as well as the causeway. So, I just wanted to, you know, some of you all had seen most of this last month, some of you all weren't here. So, wanted to sort of recap what we've done and where we're at with our current projects and sort of the philosophy that the town is going with in in looking to manage our shoreline moving forward on the ranch side. Um, last photo here's some oysters. Um, our hope is that we can do some sort of innovative living shoreline, especially um, closer to our catfish farms project. I'm not sure if the salinity of the water is appropriate for oyster growth. That seems to be the biggest discussion point on, you know, why can't we just do oysters everywhere? That's the reason it's, you know, that the salinity in the water isn't isn't good for it. But ideally, it would the town would like to do more natural shoreline treatments um you know in um being consistent with the plan and the values that are stated in in the plan, but also in that they they work and they um you know are great for water quality. So that's really all I have for you all today. I'm happy to answer any questions, but at least now everyone's seen this presentation and hopefully my

voice is in the uh microphone for Lily for once. So, any questions for Joe? I just I you know, looking again, the natural stuff looks safer. It just looks more like something it's easier to interact with with less harm. And the sound area. It's stark, you know, and and I wouldn't want to try to scramble over that to try to get into or out of anything. So, this is all an improvement. Thank you. Very attractive. That's much more attractive. Thank you, Joe. Appreciate it very much. Yes. Thank you.

Good presentation. Okay. We are now at the planning board members agenda. Does anybody have anything that they would like to bring up? No. Okay. Uh, I don't have anything other than to welcome Karen and Neil. Leo. Nice to Neil. Thank you, Neil. Anyhow, so we're going to uh we we need to adjourn first. Yes.

And so we will entertaining a motion. Can I make a motion to make motion to? You can. Okay. We have a motion. We stand ajourn. Thank you. Thank you, Lily. Okay. Don't go anywhere. We can take Yeah. Okay. Going to stretch. Go turn off the YouTube and all that. Yeah, I was going to say we'll we're just going to take a quick break. Coffees, grab some water, something to drink, whatever. Are we off? No, not yet. Not yet. Okay.

Everybody did bring good I got my password from the language on that connectivity.