Commissioner's Minutes

March 9, 2004 Agenda
March 9, 2004 Minutes

Action Agenda
REGULAR MEETING OF THE EMERALD ISLE
BOARD OF COMMISSIONERS
TUESDAY, MARCH 9, 2004
6:00 PM - EMERALD ISLE TOWN HALL

Call to Order
Roll Call
Pledge of Allegiance
Adoption of Agenda
(Agenda Approved 5-0 vote)
Public Announcements
Consent Agenda

Minutes – January 13, 2004 Regular Meeting
Minutes – January 15, 2004 Special Meeting
Minutes – January 27, 2004 Special Meeting
Minutes – February 10, 2004 Regular Meeting
Tax Refunds / Releases
Resolution Authorizing US Fire Act Grant Application
Order to Advertise Tax Liens
(Consent Agenda Approved 5-0 vote)

Public Comment
CAMA Land Use Plan

Public Hearing
Consideration of CAMA Land Use Plan
(Tentatively adopted as amended 5-0 vote)

Consideration of 2.93 Acre Subdivision at Coast Guard Road / NC 58
(Approved preliminary plat with conditions 5-0 vote)
Rezoning Request – Lots 3 and 4 of JTW Investments Commercial Subdivision, Block 15 from B-3(Business) to R-2 (Residential Single / Two-Family)

Public Hearing
Consideration of Rezoning Request
(No action - request withdrawn by applicant)

Ordinance Amending Chapter 19 – Zoning / Dunes and Vegetation – Regarding Permit Issuance, Soundside Vegetation, and Other Miscellaneous Provisions

Public Hearing
Consideration of Ordinance
(Approved 5-0 vote)

Ordinance Amending Chapter 6 – Buildings and Building Regulations – Regarding Regulations Governing Piers in Bogue Sound

Public Hearing
Consideration of Ordinance
(Approved 5-0 vote)

“Yes to Beaches” Resolution
(Approved 5-0 vote)
Comments from Town Clerk, Town Attorney, and Town Manager
Comments from Board of Commissioners and Mayor

Adjourn

MINUTES OF THE REGULAR SCHEDULED MEETING OF THE EMERALD ISLE BOARD OF COMMISSIONERS
TUESDAY, MARCH 9, 2004 – 6:00 P.M. – TOWN HALL Present for the meeting: Mayor Art Schools, Commissioners Nita Hedreen, Robert Isenhour, Pat McElraft, Floyd Messer, and John Wootten.

Others present: Town Attorney Richard Stanley, Town Manager Frank Rush, Town Clerk Rhonda Ferebee, and Planning Director Kevin Reed.

After roll call all who were present recited the Pledge of Allegiance.

4. ADOPTION OF AGENDA

Motion was made by Commissioner McElraft to Adopt the Agenda. The Board voted unanimously 5-0 in favor. Motion carried.

5. PUBLIC ANNOUNCEMENTS

Mayor Schools announced the following:

Friday, March 12, 2:00 pm – Special Board of Commissioners Meeting, FEMA Nourishment Contract
Saturday, March 13, All Day – St. Patrick’s Day Festival – Emerald Plantation Shopping Center
Monday, March 22, 6:00 pm – Bicycle and Pedestrian Advisory Committee
Monday, March 22, 6:00 pm – Planning Board
Project ChildSafe (Gun Safety Kits), Ongoing – Visit Police Department for a free kit.

Mayor Schools noted that the Bicycle and Pedestrian Committee has been meeting on the first Saturday of each month at 9:00 am at Merchant’s Park for bicycling. He encouraged everyone to come out for a leisurely or hard ride. Mayor Schools added that the next blood drive should be around the end of March.

6. CONSENT AGENDA

Minutes – January 13, 2004 Regular Meeting
Minutes – January 15, 2004 Special Meeting
Minutes – January 27, 2004 Special Meeting
Minutes – February 10, 2004 Regular Meeting
Tax Refunds/Releases
Resolution Authorizing US Fire Act Grant Application
Order to Advertise Tax Liens

Motion was made by Commissioner Wootten to approve the Consent Agenda. The Board voted unanimously 5-0 in favor. Motion carried.

7. PUBLIC COMMENT

Emilie Zucker, 326 Cape Lookout Loop, spoke on the issue of expanding beach driving to include September particularly. Ms. Zucker speaking on behalf of the loggerhead turtle population expressed her concerns. She provided nesting and hatching statistics, noting that the Town is called a Turtle Sanctuary, a place of refuge and protection, and she would like to see the turtles protected through at least the end of September.

Tom Minnick, 9803 Sandy Court, spoke concerning tourism on the Island, noting that the draw is the beaches. Mr. Minnick said he felt that 80% of the tax revenue probably comes from the rental properties, 50% from beachfront owners. He felt they should do everything possible to support rental property people. He felt they need to bring in more people during the months of September, October, and November and felt that driving on the beach was not conducive to this. He recommended the Town keep what they have and even expand the non-driving portion into March, April, and into October, prime months for rental.

Claire Waller, 201 Starboard Court, spoke on behalf of her parents, full-time residents of Queens Court. She said they were upset about beach driving being expanded. She described the difficulty she noticed people were having getting through the ruts. She hoped the Town would keep the way it is, and not expand beach driving. She felt the ruts were unsightly and not conducive to a nice beach. She also mentioned the time spent in October and November retrenching the turtles for late hatching nests.

Ken Lynch, 207 Red Snapper Drive, made comments concerning the PA system.

Jim Ramsey, 5115 Bogue Sound Drive, asked the Board about the possibility of the Town putting a boat ramp with parking on the 40 acre site owned by the Town for floodwater. He suggested the Town could issue a permit to use the ramp, similar to permits required to drive on the beach. Mr. Ramsey also asked the Board to consider putting a 3 foot path in the 15 foot right-of-way on Coast Guard Road. He also asked about the possibility of Emerald Isle again having a shuttle bus to be used within the Town for taking people from the beach, to the recreation center, and that sort of thing.

8. CAMA LAND USE PLAN

Planning Director Kevin Reed spoke to the Board concerning the CAMA Land Use Plan. He explained that the Town Board is asked tonight to tentatively approve either the Plan before them or the Plan with changes. He said that from that point it is anticipated that they will forward the Plan to the Division of Coastal Management, they will complete a staff review. Once that is completed the Plan will come back to the Town Board for an advertised public hearing that meets the Division of Coastal Management requirements. At that point the Plan would be forwarded on to the Coastal Resource Commission for their final approval at their meeting in July.

Mr. Reed noted the changes in the Plan that were instituted by the Board following their meeting the past Friday, March 5^th. He said the residential living area had been carved into two components – one is for single and dual family dwellings, and a second living area classification for – mixed residential, which encompasses all existing multi-family areas, several large undeveloped acreage tracts, and also several mobile home areas. He noted the text changes where the Town Board instituted language that indicated that while they support small scale hotel development, which is defined as something less than 100 units, and in keeping in scale and character and size, it fits the small town atmosphere of Emerald Isle. He said there is specific language that indicates that large scale hotels are discouraged.

Mr. Reed provided the Land Use Plan maps on-screen for the Board in two parts showing, and describing the western and eastern end. (The CAMA Land Use Plan and maps are attached to, and included as part of these minutes).

The question arose from Commissioner McElraft concerning the zoning classification of Forest Hills Mobile Home Park. Commissioner Wootten said it was his understanding that at their meeting the previous Friday, they had agree that any large undeveloped pieces of land would stay in mixed residential, which would include Forest Hills Mobile Home Park.

Mr. Reed said if that was the Board’s desire this map would be amended to reflect that in this area.

Commissioner McElraft wanted to clarify that no zoning changes had been made to any undeveloped property. Mr. Reed stated that was correct.

Commissioner Wootten commented that there was a discrepancy between the wording and the map. He said they were using the terminology single/dual family residential on the map and in the Plan it was low density. The Board felt that single/dual family was clearer, and was the terminology they wanted to use.

Commissioner Wootten wanted to make it clear to the public that this Land Use Map is a plan of where the town wants to go, it does not change zoning.

Motion was made by Commissioner McElraft to open the Public Hearing. The Board voted unanimously 5-0 in favor. Motion carried.

Mark Brennesholtz, 9322 Ocean Drive, commented that he felt the addition of mixed use multi-family on the Alternate 4 map was a benefit in certain areas. He said the Land Use Plan proposed by the Steering Committee represented what the community wants to do. He said the subcommittee assigned to review the draft was concerned about what the Town might be forced to do. He felt by eliminating many of the imperatives from the language, the subcommittee had effectively given the Board of Commissioners and the Town leadership an excuse for doing nothing on many of the policy issues. He said there were cost considerations with any public or private project but this did not absolve them from trying to realize the vision they have of Emerald Isle over time and within budget. Mr. Brennesholtz noted specifically the items in the Land Use Plan that he would like to see strengthened to their original form. He asked that they not delete from the Town goals that they want “recognition of Emerald Isle as a leader in innovation to preserve and enhance environment quality”. He asked they not substitute – where feasible, where practical, and subject to available funding for more positive statements especially in the public access policy. He asked they retain the suggestion for alternative crossings for Highway 58. He asked they retain the wording asking for beach replenishment sand to match the quality of the original material. Next, he asked they keep wording that the Town will “strive to restore water quality in Piney Creek” rather than substitute “the town will investigate the feasibility and cost associated with restoration of water quality in Piney Creek”, and retain cleaning up Town Creek. He asked they retain subdued lighting rather than saying appropriate lighting. Last, he asked they strengthen the small town atmosphere policies close to the original constraints on hotels, for example requirements for traffic service, wastewater, stormwater, public access, and height concerns.

Doje Marks, 134 Sandcastle Drive, noted that she had served as a member of the Steering Committee as a representative of the Board of Commissioners. She said the Steering Committee appointed by the previous board consisted of 14 citizens, including residents, developers, business owners, and one non-resident property owner to guide the development of the Town’s Land Use Plan update. She spoke of the meetings, open houses and the survey, with returns of over 30% of the surveys. She was disturbed to see many of the items that they put in the Land Use Plan had been deleted. She mentioned discussions about the Gateway to Emerald Isle, the vegetated area as you enter Emerald Isle. She commented that on the north east side that includes Bridgeview Campground, it is zoned commercial and she felt if it were developed as commercial there would no longer be the Gateway to Emerald Isle. She was also concerned about development of more resort areas on the western end of the town, and the traffic situation at Coast Guard Road and Islander Drive.

Ed Dowling, 404 Cape Emerald Court, stated that the Town surveys of 2000 and 2003 all support quality water and consider it a major asset to Emerald Isle. He felt that outstanding water quality is the result of a long term effort by the Town and it is the underpinning of the vision of the majority of citizens. He cited that the policy statement found in 2004 CAMA Land Use Plan, page 7, Item 1.5 was counterproductive. He said it specified “the Town will review local ordinances requiring the placement and length of piers and make adjustments so they mirror CAMA standards”. He didn’t think voters wanted to mirror this CAMA rule and change that allows 400’ piers. He felt this would compromise the overall aesthetics of the Island. He said the new paragraph that mirrors CAMA was never discussed over the past year by stakeholders, the Steering Committee members, or during the open public forums he attended. Mr. Dowling noted State Laws provide management functions in North Carolina. He said a key “management principle” under law for the public trust water is to maintain accessibility and use of the sound for the good of the public, open, unrestricted, free passages without interference to navigation or citizens rights is a must under state law. He continued that he felt by mirroring the 400 foot pier CAMA extension the Land Use Plan would gut the management tasks by restricting and creating unnecessary hardships on the public use of the trust waters. He said Emerald Isle had always had strong standing strategies in the ordinance to protect quality water. He said “the economy of the Town of Emerald Isle as well as the welfare of citizens is dependent upon the preservation of pristine beaches, clean navigational waterways, abundant fishing, shellfishing resources, as well as healthy eco-systems that attract visitors to this town”. Mr. Dowling also spoke of hazardous materials found in pier pilings. Mr. Dowling said it was his opinion that if CAMA rules were mirrored and became policy they would have direct secondary and long term cumulative impact that has a negative, adverse effect on water quality. He felt the extended length of piers including t-heads, and boatlifts would impose potential problems on adjacent neighbors. He also spoke of CAMA requirements and asked how they would be enforced. He recommended that the word pier be removed and a higher meaningful goal to improve water quality that cleans pollution in the sound be substituted.

Jim Heatherly, 8512 Woodcliff Drive, asked about the Land Use Compatibility, Section 2, where it says the dry land edge or estuarine shoreline that forms the transition between Bogue Sound and upland areas extends outward 575’. His question was 575’ from what?

Planning Director Kevin Reed said this CAMA regulation refers to the ORW (Outstanding Resource Waters) which extends from the waterward edge of the marsh south from the sound 575’. Mr. Reed said you can build on it but you are limited to 25% of the total land in impervious surface. This is the only restriction other than normal building code requirements.

Town Manager Frank Rush noted that many of the older developments were in place prior to the regulation. The newer developments are complying with these CAMA standards.

Jenny Godwin, 273 West Rock Creek Road, New Bern, NC, said that she and her husband owned property here in Emerald Isle that is both a second home, and a rental on the oceanfront. She added that she was the non-resident homeowner representative for the Land Use Plan Steering Committee. She said what was often expressed by those representing real estate interests on the committee was that they would do whatever they wanted to do with their property. She said that Emerald Isle was an incorporated Town with a Town Government, and not a collection of parcels of land owned by individuals who can seek to do whatever they want to do with it. She mentioned the benefits to Emerald Isle because they are an incorporated Town, to include state maintained roads, money available for the damage caused by Isabel to the beach, grant money for sidewalks, and bike paths, the 40 acre site, and many other things. She felt everyone supported keeping Emerald Isle a small town with beach rentals, and not too expensive for middle class families. She also expressed her concern that they reinstate the three floor limit. She felt it was one of the best limits for density. She also recommended they take out what she called “weasel words” such as “where practicable, or “if feasible”.

John Grady, 113 Fawn Drive, commented about the survey, stating it was the most biased survey he had ever looked at, and he hoped that those elected to this Town office would listen to their heart and do what was right, not giving up their rights to CAMA or any other group, and asked they not do anything more than is required by CAMA.

Pete Cochran, 240 Windjammer West, apologized for the Board receiving what he felt was a bashing based on the survey. He felt the one-third that responded was to him the one-third not sitting up here in front anymore. He felt the Board was doing the right thing and if changes needed to be made make them.

Jerry Stockdale, 8521 Ocean View Drive, agreed the survey was not very reliable because of the way the questions were worded. He said he felt Piney Creek has been plagued with problems for as long as anyone can remember, and felt the people that live right there could do something themselves possibly. He noted that the Board subscribed to the slogan “clean and green but not extreme” and felt they had done this with the Land Use Plan, taking the extreme out and keeping the clean and green in.

Motion was made by Commissioner McElraft to close the Public Hearing. The Board voted unanimously 5-0 in favor. Motion carried.

Commissioner Messer stated that when you say must, will, and shall, that is a commitment from now on. He didn’t have a problem with the words feasible or when practical. He felt this left some room for decision making later if a problem does come up.

Commissioner McElraft stated that she was offended by the comment that a developer would do anything a developer wanted to do. She said a developer would do what the Town ordinances and zoning regulations say they can do. She was also offended by the comment that they don’t want good water quality. She absolutely did, she lives here like everyone else. Commissioner McElraft mentioned a conversation she had with the Town’s Public Works Director regarding Piney Creek who stated that it had not been cleaned up for shellfishing for at least 30 – 40 years. She said when the Town took on the responsibility with taxpayer money to clean up Piney Creek to put back shellfishing – that Land Use Plan starts obligating the Town to those kinds of things. Commissioner McElraft said the Subcommittee had taken out the things that were litigious, they had the small town atmosphere built in to this, along with the opposition to resort complexes, yet leaving room for a small, nice hotel to come in. She felt this was a plan that the Town could live with, and financially afford. Commissioner McElraft commended the time and work put into this by the Steering Committee but expressed her feeling that the Land Use Plan Committee did not represent an even mix of the Town. Commissioner McElraft said that on November 4^th the people had given them a “survey” and they were going to do what the people asked them to do.

Commissioner Hedreen said that she served on the Land Use Plan the entire time. She said they were fortunate to have had a professional CAMA Planner, adding that midway through the process the Town’s Planner also joined them providing invaluable expertise. She reiterated the comments made by Commissioner McElraft, adding that the majority of the Steering Committee had one vision, one philosophy, and that was of the previous Board of Commissioners. Commissioner Hedreen said that she admired the people who put so much of their heart, and so much effort into it, but she felt the majority of the people lost their voice with the final product. She felt their task was to put that voice back which required modifications, removing some of the restrictions, and prohibitions.

Commissioner Hedreen noticed that two items they had discussed at last Friday’s meeting as needing to be added to the Policy section had not been included. Commissioner Hedreen asked that the Plan be amended adding: 6.9 – The Town is opposed to hotels and motels of more than 100 rooms; and 6.10 – The Town is opposed to a convention center.

Town Manager Rush said they would make the changes recommended by the Board: correcting Forest Hills, the single/dual family wording, and the suggestions from Commissioner Hedreen.

Commissioner Wootten said that this is a Plan, and not a governing document. He said that much of the work done by the Subcommittee did was to take the governing words out of the Plan, the Plan as a Vision. He added that the overall goals did not change, but leaves flexibility for this Board and future Boards as to how to achieve these goals. Commissioner Wootten drew attention to the zoning map on the Town Hall wall to show that many areas currently zoned RMH (Residential, Motel, Hotel) as a result of this effort, would now be zoned residential, which he felt was a real forward step for the small town atmosphere.

Motion was made by Commissioner Hedreen to tentatively adopt the CAMA Land Use Plan and Future Land Use Map as amended.

Town Manager Rush repeated the amendments as follows:

1) The Future Land Use Map to designate the Forest Hills Mobile Home Park as mixed residential, it currently is shown as single/dual family;

2) Amend the policies section to mirror the language in the discussion that the Town opposes a convention center, and also opposes a resort hotel complex with more than 100 rooms;

3) Make the language consistent throughout for the titling of the single/dual family land use classification.

The Board voted unanimously 5-0 in favor. Motion carried.

The Mayor called for a brief recess at 7:20 pm. The meeting was called back to order at 7:30 pm.

9. CONSIDERATION OF 2.93 ACRE SUBDIVISION AT COAST GUARD ROAD/NC 58

Planning Director Kevin Reed presented to the Board a request by applicant Coastal Land Ventures, Inc. for the subdivision of approximately 2.93 acres in order to create two lots. The property is located on the north side of Coast Guard Road, west of its intersection with Emerald Drive. The current zoning of the property B-3 (Commercial), and the subdivision does not involve construction of any new streets and all development will be served by existing highways. Mr. Reed stated that the size and dimension of each lot is in conformance with the Town’s requirements. Mr. Reed said the Planning Board considered preliminary plat approval at their February 23, 2004 meeting and following discussion voted unanimously to recommend to the Board of Commissioners that the plat be approved. Mr. Reed noted that this plat is a part of the previous subdivision known as Bell Cove, the rear portion was previously rezoned to Residential Multi-Family. He said there was a restriction at the time the subdivision was platted several years ago that access would be off of Coast Guard Road by right turn only and that is preserved as part of this subdivision process. He said the egress for both lots 1 and 2 will be through a common drive easement located right across from the entrance to Pebble Beach.

Commissioner Isenhour asked if the egress into Lot One would be designed to also serve the second lot. Mr. Reed said that was correct, the driveway into Lot One would serve both Lot One and Lot Two as a means of egress, there will be no additional ingress for Lot Two.

Commissioner McElraft asked about the common drive easement. Mr. Reed said that is both a means of ingress and egress.

Commissioner Messer noted that the applicant had donated $11,261 to construct a five foot sidewalk in front of the subdivision.

Commissioner McElraft also pointed out that this had been a larger piece of B-3 (Commercial) property and the developer downzoned to residential multi-family which took a lot of the pressure off of that corner.

There was a question from the audience about the buffer requirements. Mr. Reed responded that there is a setback buffer requirement between commercial property and residential property, in addition they’re restricted under the Dunes and Vegetation Ordinance to the amount of area they do disturb. Commissioner McElraft added that there was also a DOT right of way, so there would be a buffer there. Mr. Reed said there was a 200’ right of way immediately to the east, and he did not know distance between the property boundary and the right of way.

Town Attorney Richard Stanley stated that the map needed to designate where the driveway or access will be from the common drive easement to Lot One. He said even though the notes reflect that there is going to be one, once the map is approved and recorded, the lots could be sold. He said you then have no way of coming back and making whoever the owner is designate a specific site over Lot Two to get to Lot One. He said a court would not be able to say where a “proposed” would be and it needs to be on the map. He recommended that if the landowner at this particular point was not able to do this, the Board may want to grant preliminary approval and hold off on final approval until they do designate where the right of way will be over Lot Two to get to Lot One, and to get to the common drive easement.

Attorney Stanley said the Board needed to make it a condition that before final approval is granted that the right of way over Lot Two, from Lot One to the common drive easement, will be so located.

Motion was made by Commissioner McElraft to approve the preliminary plat for the 2.93 acre subdivision (Bell Cove Village) located at the corner of NC 58 and Coast Guard Road, with the condition that the final plat designate in the notes, the right of way over Lot Two to get to Lot One from the Common Drive Easement. The Board voted unanimously 5-0 in favor. Motion carried.

10. REZONING REQUEST – LOTS 3 AND 4 OF JTW INVESTMENTS COMMERCIAL SUBDIVISION, BLOCK 15 FROM B-3 (BUSINESS) TO R-2 (RESIDENTIAL SINGLE/TWO-FAMILY)

Planning Director Kevin Reed stated that the Planning Board had initially received this request at its January meeting, specifically to rezone two lots from B-3 (Business) to R-2 (Residential). The property owners are Brian and Stacey McCann, and the applicant was Mr. Thomas Strickland. The property is located on the south side of Emerald Drive, west of its intersection with Ocean Drive, more particularly known as Lots 3 and 4 of the JTW Investments Commercial Subdivision. Mr. Reed said the Planning Board considered this item for action at its February 2004 meeting, and following discussion voted unanimously to recommend to the Board of Commissioners that the rezoning request be denied.

Motion was made by Commissioner McElraft to open the Public Hearing. The Board voted unanimously 5-0 in favor. Motion carried.

Stacey McCann, property owner of Lots 3 and 4 on Emerald Drive, addressed the Board concerning the rezoning request. She stated that she and her husband bought this property in the fall. She said at that time they knew it was commercial property but the people they spoke with didn’t feel it would be a problem downzoning to residential because the second row directly behind it was all residential, with the exception of one lot. Ms. McCann provided pictures to the Board. She mentioned sales prices of new homes in this area. She said she had people with her tonight that owned the Mini-Mart and they had a plan. She said her property was east of theirs. Ms. McCann also asked about the policy regarding posting property that is being rezoned. Planning Director Kevin Reed said they do have a posting requirement, noting a small sign placed on the property approximately a week before this hearing. Ms. McCann said it was her understanding that she was the only one ever denied to go from B-3 to Residential. She said she had letters from neighboring property owners and that they were all in favor of downzoning her two lots. She said there were 24 lots in this tract of land and 14 of them were already downzoned residential, which left 10 commercial. She noted that people that purchase property in this area are aware that there is commercial around and that it is a mix. Ms. McCann said that she felt that either single family or duplex was what this land was best suited. She noted that business had been tough in this area but residential had taken off. Ms. McCann said that the Land Use Plan in effect today was the same that was in effect in 1997 when they downzoned the other properties.

Ritchie Creech, 3316 Emerald Drive, said they recently bought the Mini-Mart. He said they are purchasing Lot 1, right beside the Mini-Mart. There plans are to build a restaurant, bookstore, coffee shop, and ice cream. He felt that what Ms. McCann wanted to do was fine with them and they were in support of residential.

Mike Lincoln, Attorney representing the McCann’s on their rezoning request, spoke to the Board. He said that he lived in that area and had been there for 20 years. He felt it was important to consider where this property had been and where it was going. He said he felt this property did not have potential for commercial development now. Mr. Lincoln talked of the different businesses that had been in this area in the past and were no longer in business. He felt this was a deterioration of commercial use and the only thing left was residential. Mr. Lincoln said he could see no use for these two lots other than residential. He mentioned the 1997 rezoning referred to by Ms. McCann, right behind her had been rezoned to residential. He said this was a property in transition and it needed to be rezoned to residential otherwise the McCann’s would have no practical use for their property. He asked the Board to grant the rezoning request and rezone the property to R-2.

Motion was made by Commissioner Isenhour to close the Public Hearing. The Board voted unanimously 5-0 in favor. Motion carried.

Commissioner McElraft said she would like to send this back to the Planning Board for reconsideration. She felt if that property had not made a go of it in the last 30-40 years, the only thing that would help is to get homeowners down there. Commissioner McElraft said she couldn’t see how this rezoning would hurt anyone. Commissioner McElraft said this area is a convenience node, there would not be a grocery store, and hopefully not a nightclub. She requested that the fellow Commissioners send this back to the Planning Board and let them wait 2-3 months to see what the Creech’s (the owners of Mini-Mart) would do down there.

Commissioner Messer said this was the last piece of commercial property past Black Skimmer. He disagreed that the character of the east end is not changing. He said in the last 10 years there have been multiple condos, multiple oceanfront. He felt if they give up this area to residential it’s gone and it would eliminate the possibility of development to serve the people on the eastern end, and he couldn’t support this.

Commissioner Isenhour commented that in this particular case the McCann’s took a gamble thinking it would be downzoned to residential. He said if they were long term investors he would agree with Commissioner Messer that they could leave this commercial, but as a short term investor, they want to market this piece of property to receive a return within a reasonable length of time. He said as a commercial piece of property he didn’t feel that would happen. He agreed with Mr. Lincoln that the area is in flux and he could see no reason not to zone this residential. He didn’t see a good case for keeping it commercial given its past history. He added that he would vote to downzone to residential.

Commissioner Hedreen said in the past when property was downzoned it has usually been welcomed by the Town and citizens, and that downzoning has primarily been on the western end where commercial property was more plentiful. She said often the downzoning was welcomed because it reduced the impact of traffic. Commissioner Hedreen said they really don’t have a lot of commercial property in the east end, and it was impossible to predict future land use plans for commercial properties today. She empathized with the business owners and understood the difficulties but felt they need to be careful to protect that piece of property. She felt she couldn’t in good conscience support it at this time.

Commissioner McElraft said they set precedent with downzoning in 1997 with the CAMA Land Use Plan stated exactly like it is today when the second row property was downzoned. She asked if Ms. McCann would consider retracting her request, wait to see what happens with the Mini-Mart and look at this issue down the road. Commissioner McElraft noted if the Board voted tonight and it was a 3-2 vote Ms. McCann would not be able to come before the Board again for one year.

Stacey McCann withdrew her rezoning application at that time.

Commissioner Wootten commented in response to the statement that precedent was set in 1997 with rezoning the back side of this property, that that was the side that faced Ocean Drive. He remembered that they didn’t want the businesses opening up on to Ocean Drive, so that was a conscious decision and shouldn’t be viewed as a precedent.

11. ORDINANCE AMENDING CHAPTER 19 – ZONING/DUNES AND VEGETATION – REGARDING PERMIT ISSUANCE, SOUNDSIDE VEGETATION, AND OTHER MISCELLANEOUS PROVISIONS

Planning Director Kevin Reed presented information to the Board concerning this Ordinance Amendment. Mr. Reed said at the Board of Commissioners meeting held on December 9, town staff was directed to proceed with possible amendments to accomplish three things. First, would allow a property owner to install a septic system on their property without having a building permit in hand as currently required in the Dunes and Vegetation Ordinance. Second, would allow the property owner to be able to obtain a Dunes and Vegetation grading permit without having a building permit in hand, which is currently prohibited. Finally, it would vary the regulations with regard to the removal of vegetation along soundfront lots. Mr. Reed said the Planning Board initially considered this at their January 26, 2004 meeting, and following that conducted a work session with Town Staff on February 11, 2004. The Planning Board then at its regular meeting on February 23, 2004 discussed proposed amendments and at that time made all the changes requested by the Town Board, also instituting a few minor ones. Mr. Reed said the Planning Board voted unanimously to amend Section 19, Article X, of the Town Code.

(Ordinance Amending Chapter 19 – Zoning/Dunes and Vegetation regarding permit issuance, soundside vegetation, and other miscellaneous provisions is attached to, and incorporated into these minutes)

Motion was made by Commissioner Messer to open the Public Hearing. The Board voted unanimously 5-0 in favor. Motion carried.

There were no comments from the public.

Motion was made by Commissioner Messer to close the Public Hearing. The Board voted unanimously 5-0 in favor. Motion carried.

Motion was made by Commissioner Wootten to adopt the Ordinance Amending Chapter 19 – Zoning – Dunes and Vegetation – Regarding Permit Issuance, Soundside Vegetation, and Other Miscellaneous Provisions.

The Board voted unanimously 5-0 in favor. Motion carried.

12. ORDINANCE AMENDING CHAPTER 6 – BUILDING AND BUILDING REGULATIONS – REGARDING REGULATIONS GOVERNING PIERS IN BOGUE SOUND

Planning Director Kevin Reed said that the Planning Board at their meeting in August of 2003 heard a presentation from Ted Tyndall, with the Division of Coastal Management, discussing the difference between the Towns regulations with regard to Bogue Sound piers, and those promulgated under the Coastal Area Management Act. The Planning Board then tabled any action on proposed changes for approximately 90 days. Mr. Reed said the Planning Board at their November 2003 meeting asked for direction from the Town Board as to what changes they might like to see. Mr. Reed said the general conclusion from the Board of Commissioners at their December 9, 2003 meeting was that the CAMA regulations are sufficient and the Towns regulations should mirror those. He said the changes before the Board have basically removed any additional restrictions and allow the requirements of the Division of Coastal Management, and the statewide building code, to govern the construction of piers in Bogue Sound. The Planning Board, he noted, at their February meeting voted unanimously to recommend these amendments to the Board of Commissioners.

(Ordinance amending Chapter 6 – Buildings and Building Regulations – Regarding Regulations Governing Piers in Bogue Sound is attached to, and incorporated into these minutes)

Motion was made by Commissioner Hedreen to open the Public Hearing. The Board voted unanimously 5-0 in favor. Motion carried.

There were no comments from the public.

Motion was made by Commissioner Isenhour to close the Public Hearing. The Board voted unanimously 5-0 in favor. Motion carried.

Commissioner Messer said he had never believed that local government should be more restrictive than the federal government.

Commissioner Wootten commented that CAMA is the expert in the shoreline protection, as to what should or should not be done.

Commissioner McElraft added that people with a lot of marsh are just trying to extend their piers to get out where everyone else is, and they should have the same riparian rights as other soundfront owners.

Motion was made by Commissioner McElraft to adopt the Ordinance Amending Chapter 6 – Building and Building Regulations – Regarding Regulations Governing Piers in Bogue Sound. The Board voted unanimously 5-0 in favor. Motion carried.

13. “YES TO BEACHES” RESOLUTION

Town Manager Frank Rush described the “Yes to Beaches” Resolution to the Board. He noted that the President’s FY 04-05 budget proposal includes a fundamental policy shift with regard to periodic renourishment that would greatly harm Emerald Isle’s long-term beach nourishment efforts. The President’s FY 04-05 budget proposal also does not include funding to continue the study and pre-construction phases of the Bogue Banks Shore Protection Project, which will ultimately result in the delay of the initial construction date. Mr. Rush said that Emerald Isle and all of Bogue Banks is currently in the feasibility state phase working hard to help the Carteret County Shore Protection office, and the other municipalities on Bogue Banks to secure authorization, and ultimately funding for the 50-year project. If the Board approves this Resolution, Mr. Rush said it would then be forwarded to our Congressional Representatives, as well as other key Congressional leaders.

“YES TO BEACHES” RESOLUTION

WHEREAS, America’s beaches provide vital economic, recreational, storm damage reduction, and environmental benefits to the Nation; and

WHEREAS, nearly sixty percent of all Americans live within 50 miles of the Atlantic and Pacific Oceans, the Gulf of Mexico, and the five Great Lakes; and

WHEREAS, the Nation’s beaches are the leading tourist destination for millions of domestic and foreign visitors, providing jobs and business profits which in turn produce billions of dollars of tax revenues for the Federal government, as well as state and local governments; and

WHEREAS, the Federal government has made a commitment to our Nation’s beaches by partnering with state and local governments to fund on-going beach restoration projects, including periodic beach renourishment, for over sixty years,

NOW, THEREFORE BE IT RESOLVED that the Emerald Isle Board of Commissioners urges Congress to reject all efforts to withdraw from or limit the Federal government’s role in our Nation’s beach nourishment projects and to recognize that continued Federal support is critical to the sustained environmental and economic health of our coastal resources and communities.

Adopted this ___ day of ________________, 2004.

____________________________

Arthur B. Schools, Jr., Mayor

ATTEST:

_____________________________

Rhonda Ferebee, Town Clerk

Motion was made by Commissioner Isenhour to approve the “Yes to Beaches” Resolution. The Board voted unanimously 5-0 in favor. Motion carried.

14. COMMENTS FROM TOWN CLERK, TOWN ATTORNEY, TOWN MANAGER

There were no comments from the Town Clerk.

There were no comments from the Town Attorney.

Town Manager Frank Rush updated the Board on the FEMA Beach Nourishment project the Town is pursuing. There is a special Board meeting scheduled for 2:00 pm on Friday, March 12, 2004, for the purpose of rewarding a contract for the FEMA nourishment work. He noted the required three bids were not received the past Wednesday as required by statutes, therefore it was advertised for an additional one week period. Bids will be opened at 8:30 Friday morning, March 12, 2004. He said the permits for the project are expected later this week, and they will likely require that the project be completed by March 31. He added that is was very likely the Town would be able to utilize material from the offshore disposal area which is believed to be much better quality sand. Mr. Rush also mentioned that the Bogue Sound Drive channel dredging project, and the Recreation Center repairs should begin the following Monday.

15. COMMENTS FROM BOARD OF COMMISSIONERS AND MAYOR

Commissioner Wootten asked if the Planning Board could go back into the Dunes and Vegetation Ordinance again and look at the way they apply restrictions to established lots.

Planning Director Kevin Reed responded that when the Planning Board discussed these changes it was with the understanding they were trying to accomplish the three things that the Town Board wanted to accomplish, and that at some point in the future they would revisit wholly Chapter 19 to see what other changes might be made.

Commissioner McElraft had no comments.

Commissioner Messer had no comments.

Commissioner Isenhour asked the Planning Director to look at an ordinance making the height of commercial buildings along Emerald Drive, and the area identified as Village East, at 40 feet. At the same time he would like to have considered in the same ordinance allowing commercial buildings, with the height that they all approved of 50 feet, in the area now designated in the Land Use Plan as Village West. Lastly, he would like to have them look at the 3-story limitation on commercial buildings and determine if it makes sense. He asked that Mr. Reed or the Planning Board come back to the Board and make the case for them that this made sense, otherwise he asked that they look at the positives and negatives of going to 4 stories within the height limit of 50 feet.

Town Manager Rush suggested that since that is related to the Land Use Plan that could be one of the implementation steps included in the schedule for undertaking the various recommendations in the Land Use Plan.

Commissioner Hedreen had no comments.

16. ADJOURN

Motion was made by Commissioner Messer to adjourn the meeting. The Board voted unanimously 5-0 in favor. Motion carried.

The meeting was adjourned at 8:30 pm.

Respectfully submitted:

Rhonda C. Ferebee
Town Clerk