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UNAPPROVED The Plan will have three parts: Land Use and Development Goals Policies to achieve those goals Future Land Use Map Following the presentation of the update Mr. Art Daniel made the following comments:MY
PURPOSE OF STANDING HERE BEFORE YOU IS TO TAKE A STEP AWAY FROM CONFLICT AND
TOWARD RESOLUTION OF AN IMPORTANT ISSUE. TO
FIND OUT WHAT I’M REFERRING TO, PLEASE BEAR WITH ME FOR A FEW MINUTES. Ø
THE
PREPARING AND RECOMMENDING OF A COMPREHENSIVE PLAN, AND Ø
PROVIDING
ADVISE TO THE BOARD OF COMMISSIONERS ON AMENDING AND CARRYING OUT THE
COMPREHENSIVE PLAN. THE COMPREHENSIVE PLAN IS OFTEN REFERRED TO AS THE
LAND DEVELOPMENT PLAN. PLEASE TAKE A COUPLE OF MINUTES TO READ AND DIGEST
WHAT IT SAYS. IT IS MY INTENT TO MAKE A MOTION FOR ADOPTION. September 23, 2002 RESOLUTION REQUESTING THE MAYOR AND TOWN BOARD OF COMMISSIONERS TO
INVITE AND AUTHORIZE THE EMERALD ISLE PLANNING BOARD TO CONDUCT AN INDEPTH
REVIEW OF THE LAND USE PLAN UPDATE PRESENTLY BEING FORMULATED BY A CONSULTANT The Town of Emerald Isle Planning Board Whereas; the Emerald Isle Planning Board is the designated “planning agency” for the Town of Emerald Isle, and; WHEREAS; it is a normal function of planning boards to: q Perform studies. q Determine objectives to be sought in development. q Prepare and adopt plans. q Develop and recommend policies, ordinances, and administrative procedures for plan implementation. q Advise the governing board. 1. The Town of Emerald Isle Planning Board be invited by the Mayor and Town Board of Commissioners to participate in the land use plan update process. 2. The Town of Emerald Isle Planning Board be authorized by the Mayor and Town Board of Commissioners to review the preliminary draft(s) of the proposed update to the land use plan. 3. The Town of Emerald Isle Planning Board be requested to present its review comments to the Town of Emerald Isle Mayor and Board of Commissioners prior to their adoption of an update of the Town’s land use plan. _________________________________ CHAIRMAN _________________________________
SECRETARY Mr. Daniel went on to
advise that he felt that because of the number of meetings that will be held
and the fact that a designated member of the Planning Board may not be able to
attend all the meetings that an alternate member designated in his/or absence. Mr. Rush asked to make
some comments regarding how the town has reached the point to where we are
tonight. Emerald Isle is on of the coastal communities that must do a LUP
update every five years. The CRC got off that schedule several years ago
because they completely revamped the planning process. Emerald Isle was not
scheduled for a LUP update this year; however, because of the concerns that
have been expressed by the town board it had become a top priority for the town
to look at development in Emerald Isle. Mr. Rush pursued the idea of updating
the plan a year earlier. He got positive feedback from the town board and
planning board to do that. However, they did not want to spend the funds to do
that unless the could funding. For
most of the Spring it appeared that the town would not be eligible for the
revenues until our turn came. In April he received a call from CAMA that
Emerald Isle did indeed have a chance to receive funds and to submit the
application. Mr. Rush contacted Mr. Farris to immediately apply for the grant
on short notice. Mr. Rush went on to say
that the steering committee was a better approach to take because you could get
an overall cross section of the community, also due to the workload that the
Planning Board had “on it’s plate” that the workload would be lessened.
It was Mr. Farris’ recommendation to pursue the steering committee approach.
Mr. Rush said he felt fortunate that the town is able to move forward with this
project since it was not supposed to be considered at this time. There
was some discussion to clarify some of the issues in Mr. Daniel’s resolution.
Mr. Farris then clarified
some of the timeframe issues with the Plan. He also said that the steering
committee will probably have more of “hands on” than the planning board has
had in the past. The planning
board will get an opportunity to see the draft, then to the board of
commissioners. All the necessary adjustments will be made, then goes to the
Division of Coastal Management for their review. They will make comments and
those adjustments will be made to the plan, and goes through the same process
again to public hearing. It would
then be ready for certification provided there were no additional changes to be
made. It becomes to an involved
approval process. Chairman Almeida asked
how many meetings were planned per month for this update? The response is that
there will be one meeting per month. Mr. Almeida then requested that the plan
be presented in a current status every three months to the planning board, so
that the plan wouldn’t get too far without the input from the planning board.
Mr. Farris said there can
be additional meetings scheduled with the planning board, to be sure to be
efficient and not take up the planning board’s time only when it is
necessary. He told Mr. Daniel that he would have no problem with an alternate
Planning Board member filling in for the designated member. Mr. Daniel said he would
like to see an “automatic” turnout of the all the planning board members as
citizens observing the meetings
each month. Motion was made to
adopt Mr. Daniel’s resolution for Planning Board support with unanimous
approval in favor of the motion. Discussion
continued in regard to the Land Use Plan with Mr. Farris’ presentation. Mr. Mark Brennesholtz
made comments pertinent to the current Land Use Plan. He felt the current plan is much too general and not specific
enough, nor was it a true plan. It
noted things that the town was in favor of, but no specifics.
That is not a Land Use Plan. Mr.
Brennesholtz touched on several issues that will be dealt with as the process
goes along with more detail and take stock in the current situation. Mr. Farris, in response
to Mr. Brennesholtz, said he could not say what the specific policies will be
until they come about. He prefers
specific policies and address specific agendas and goals. He will begin with
the steering committee and planning board. Mr. Rush commented to the
board that Mr. Farris was part of the team that revamped the Land Use Plan
Update procedure which will help in the update of the plan for the town. Mr. Art Daniel asked Mr.
Farris about the identifying CIP (Capital Improvements Program) costs.
Mr. Farris asked if he was referring to the implementation fee setup?
Mr. Daniel replied that was correct.
Mr. Farris said he did not consider that as part of any CIP, it includes
what you build and when, and how much it will cost.
That is something that will be looked at. Mr. Daniel continued that
it could up in finality that we don’t have any budget to do anything with.
The planning board doesn’t have a budget. Mr. Rush said he hoped
that some of the things to come out of the LUP update is guidance on capital
improvements. He would like to see things like bicycle paths, or new police
station or fire station or whatever the community desires.
A 3 to 5 year capital improvement should be updated every year during
budget time after citizen input, planning board and board of commissioners. Mr. Brennesholtz went on
to say that we need to decide what is wanted. You cannot let budgeting hold you
back if you don’t know where you want to go.
You need to have a vision in front of you and then work on the funding.
You cannot set aside a dollar figure and then determine how to spend it. Chairman Almeida thanked
Mr. Farris for his presentation and that the board looked forward to working
with him in the next year and a half. 5. Sea Oats Village,
Commercial Review – Chairman
Almeida asked for comments from the public.
There
were no comments. Mr.
Larry Watson was present to represent this project. Mr. Patteson asked about
the water flow of the project to the streets.
Mr. Watson said there is sufficient underground drainage that there
should not be any runoff from the impervious area. Mr.
Patteson asked about the loading area to be designated.
It was determined that the loading area will be to the rear of the east
building so they would not park in the street.
One lane of traffic could be blocked on the property for the
other lane to proceed while trucks loaded or unloaded.
There will be a site in rear for UPS and such to park and make
deliveries into the businesses. This should keep these trucks out of Emerald
Drive turning lanes. The numbering on the parking spaces was clarified and the
addition of the bicycle racks. The
sign ordinance was then addressed regarding the use of two freestanding signs
for this project. The ordinance is worded that one freestanding sign is
permitted per parcel and this is one parcel. Mr. Watson could subdivide his
property to qualify for two signs. The subdivision would have to appear before
the boards since it is over 2 acres. Mr.
Odom said that he felt the sign placement should be something addressed through
the planning department at the time the sign is applied for and not part of the
review process. The Board of
Adjustment would not be the advisable way to handle this situation as it is not
a problem with the land. Mr. Watson was then advised to remove one of the signs
from the plan submitted. Should
the subdivision of the parcel be submitted and approved, the planning
department can issue an additional sign for the second lot. Mr.
Dowling asked that the comments by the Fire Chief be part of the record.
From the meeting held prior to this meeting Chief Walker had stipulated
that there would be an additional hydrant installed on Bogue Inlet Drive; there
was sufficient room for fire equipment of maneuver and that the fact that fire
equipment could access three sides of the building even should another building
be erected on the west side of Sea Oats East. The
issue was then discussed regarding the façade on the east building that had
previously extended above the roof line. That
gable has now been brought into the same roof line as the rest of the building.
It now does not have the aesthetic design that was on the original rendering,
but does now abide by the ordinance. Mr.
Daniel made some comments that were inaudible about architectural treatments
and roofline. Mr.
Ken Burnette, designer of the Sea Oats Village complex, defended his opinion on
being able to use the gable extending above the roof line; however, it was not
received with Mr. Burnette’s conception and the roofline must comply with the
ordinance. Some members of the
board felt that Mr. Burnette’s point was well taken, but their hands were
tied with the way the ordinance is written.
There was some discussion then as to whether the planning board might
look at having an amendment made to look at the roofline issue once again. Mr.
Rush said there is no protocol that requires the board of commissioners to task
the planning board to look at an issue, they can look at what might be
appropriate and make a recommendation. It is his understanding that if the
planning board sees something that needs changed, they can suggest that.
You must be prepared for being rejected if the board of commissioners
does not like the recommendation. At
this point for this project, the roofline issue cannot be waived. Mr.
John Odom, Prestige Engineering, Inc., replied that there are a couple items,
not just this one, that need addressed as a result of a “knee jerk”
reaction to Wings and Eagles design and lighting. Ms.
Nita Hedreen, citizen, advised that as a member of the Hwy 58 committee there
has been discussion of designating an architectural design review board.
If a project were to not meet the exact terms of the ordinance, yet was
attractive and adds something to the commercial district,
that the board might be able to approve such a design.
This would look at what each individual property could bring to the
island. Mr.
Almeida said the review board was not new, but who they would
report to, and how much authority they would have. There
was considerable discussion about the fire department coverage and access.
As Ms. Angus was not in attendance and her files were not available it
was not apparent that Chief Walkers comments were on file.
The inclusion of a fire lane was discussed in the interest of safety. Frank Erwin made the motion to approve the Sea Oats Village project with
the plan showing the fire lane; Ed Dowling seconded the motion and it was
unanimously passed 5 to zero. 6. Discussion regarding 3-story issue and/or delete additional setback
requirement – Art Daniel addressed
this issue. He went over the
submission that he had prepared, (attached with these minutes) in definitions
and in specific districts. There
was considerable discussion of the logic and rationale, with satisfaction, to
Mr. Daniel’s recommendations. Also,
questions were asked of the building inspector, Jim Taylor, to clarify his
interpretation of what is defined as a story as opposed to an attic story. He
is interpreting each according to the definition in the North Carolina Building
Code as indicated in the attached submittal. The motion was made
by Pat Patteson, second by Ed Dowling and unanimous approval
to recommend approval to the town board of commissioners of the proposed
amendments to Chapter 19, Section 19-62, 19-101, 19-102, and 19-106 as
submitted.
7. Election of Chairman of
Planning Board – As a result of
the resignation of Phil Almeida as Chairman
of the board an election was held for his replacement.
Mr. Art Daniel was nominated by Pat Patteson for the position as chair,
Ed Dowling made second with unanimous approval in favor of the motion.
Mr. Art Daniel was named as Chairman to begin at the October 28, 2002
meeting. There
was then a nomination from Mr. Patteson to nominate Frank Erwin as
Vice-chairman. It was then determined that there was some confusion about this
nomination. Mr. Rush clarified the
situation and the nomination was withdrawn to allow Ms. Anne Erikson to
continue as Vice-chairman for the duration of her term. I would like for Frank Irwin to serve as “Parliamentarian”. I would like to continue Fil’s policy on agendas.1. Chairman to determine the items that are to appear on the agenda. 2. Chairman to determine the order of consideration for each item. I would like to establish another way for citizens to be heard at Planning Board meetings:Citizens could be heard as an item on the agenda. One or more citizens would write a letter asking for their item of concern to be placed on the agenda (this item would appear on the agenda without cost to the applicant(s). Letter would need to include: a) Brief description of the proposed agenda item. b) The reasons why the item should be of interest to the Planning Board. c) The amount of time needed. Citizens would continue to be heard relative to an item on the agenda subsequent to the agenda item being introduced and described. 1. Continue to be chaired by vice-chairman of the planning board. 2. I would like for each member to continue to review every development proposal and be prepared to present comments and recommendations at the Map Committee meeting. a) I would like for Pat and Ed to focus on architectural, lighting, signing, ingress and egress, and parking features. b) I would like for Anne and Richard to focus on dunes, vegetation, landscape, dumpster location and screening features c) I would like for Frank to focus on delineating the applicable requirements as set forth in Emerald Isle regulations, i.e.; 1) Zoning ordinance. 2) Subdivision ordinance. 3) Stormwater management ordinance. 4) Dunes and vegetation ordinance. d) I would focus on stormwater and wastewater management features. 1. Review development plans and plats. 2. Provide a “Project Description”, “Background Information”, etc. 3. Provide a listing of both “positive” and “negative” impacts.4. List reasons for approval and denial. 5. Based on his/her findings, provide a recommendation for approval or denial.The reports would be presented by him/her and discussed by the Planning Board. Planning Board members would then be in a position to incorporate the findings summarized in the reports and the Board’s findings in their motions recommending approval or denial of an applicant’s request. Review of preliminary subdivision plats would follow the sketch plan review process outlined in the subdivision ordinance prior to subsequent consideration at a Map Committee meeting. 8.
Remarks by Chairman Almeida - Mr.
Almeida reminded the board that a member of the planning board needed to be
named for the member of the Steering Committee for the Land Use Committee.
It was determined that Mr. Daniel would represent the Planning Board
with Mr. Ed Dowling as the alternate in the event of Mr. Daniel not being able
to attend a meeting. Mr.
Almeida then addressed the members. He wanted to thank Mr. Frank Rush and Carol
Angus for their help with the Planning Board.
He wanted Mr. Rush to convey his gratitude to Carol, his thanks for the
help and dedication under very trying circumstances. He
went on to remind the members of the things that had been accomplished since
they began their terms. The Storm
Water ordinance was revised, changes made to the Subdivision ordinance, and the
revision to Dunes and Vegetation ordinance.
He appreciated the contributions that each member has made.
Some
of the problems that come to mind, however; over a year ago he had suggested
the revision of the subdivision ordinance.
It was later determined that the planning board should not begin such a
task without express direction from the board of commissioners.
The planning board was not advised of this decision until it surfaced
when there was a request of the progress.
After the new board of commissioners came into term, the planning board
was permitted to revise the subdivision ordinance. Next,
the stormwater ordinance was misplaced in town hall for over four months after
it was approved at the planning board and discussed at two workshops with the
town board. He specifically
thanked Frank Erwin for taking the time to make specific changes to that
ordinance. The
was an instance that staff had made changes to a preliminary plat that did not
have the approval of the planning board and board of commissioners.
It was determined that town staff does not have authority to make such
changes. Beach
renourishment problems, stormwater and erosion at the point keeps the town
staff busy. The mute question is, if one sees a deficiency in an existing
ordinance, should that situation be allowed to continue? Delay in changing
would result in more projects being approved under a flawed ordinance. His
suggestion is that the subject should be taken up to board of commissioners at
the joint workshops and town manager to prioritize the resolution of these
issues. What
can you learn? Deficiency in an
ordinance should be worked out diligently.
What is the progress of the ordinance that has been recommended for
change? And, when developers request a change in an ordinance, have them
furnish a cover letter justifying the change they seek.
Last and most important to each member, study the issues and give your
best advice. Mr.
Almeida then wished the best to each member and their continued volunteer work,
and share their talents for the continued benefit for the citizens of Emerald
Isle. COMMENTS: Mr.
Daniel reiterated the accomplishments of the board under Mr. Almeida’s term
as chairman. He
went on to ask if the board if they would be willing to name a parliamentarian.
He felt that Mr. Erwin would be quite capable and named him as such. He
went on to note that there should be another method to allow the citizens to be
heard at planning board meetings. It
could be added as an item on the agenda with their concerns.
One way would be to write a letter about the concern to ask to be placed
on the agenda. It would appear on
the agenda without cost to the applicant. The letter should state why it should
be of interest to the planning board and not a town meeting.
It would address concerns that are not being addressed by an agenda
item. Citizens
could also make comment subsequent to each agenda item as it is presented. Review
Committee should continue with Vice-chair as chairman of that committee. Each
member should continue to review the entire plan of each development and be
prepared to make comment at the review committee meeting.
He
asked that Ed Dowling focus on architectural lighting and signing features;
Richard Brauns to focus on vegetation and landscape issues; Frank Erwin to
focus on delineating the applicable requirements as set forth in Emerald Isle
regulations. He asked that the town manager to assign someone to review
development plans, background information,
to supply the positive and negative impacts, and reasons for approval or
denial. That person to report those findings to the planning board.
That would allow the planning board to include all those findings in
their motion for recommendation to the town board. Mr.
Daniel went on to add to review the preliminary plat of subdivisions, to follow
the sketch plan process outlined in the subdivision ordinance. He
asked the members if these suggestions were appropriate, especially through
this transition period with him as chairman. Mr.
Rush said he is working toward the suggestions that were described. Frank
Erwin thanked Mr. Almeida for his service and guidance; as did Ms. Erikson; and
Mr. Dowling stated that his leaving is Emerald Isle’s loss. Meeting
was adjourned Respectfully
submitted by:
Carol
Angus, Secretary |
