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UNAPPROVED
Town of Emerald
Isle
Planning Board
Minutes
November 25, 2002
The meeting was called to order at 7:00 P.M. by Chairman
Art Daniel. Members attending were:
Art Daniel, Anne Erikson, Pat Patteson, Ed Dowling, Frank
Erwin, Brad Fischer and Pam Minnick.
1. Approval
of Minutes of Regular Meeting, October 28, 2002 – the minutes were
approved as written. Motion made by Pat Patteson with unanimous approval in
favor of the motion.
2. Chairman
Daniel welcomed Pam Minnick to the Planning Board and read some of the
credentials that Ms. Minnick brings to the board.
3. Report
from the town manager – Mr. Frank Rush advised the board that there has
been a job advertisement sent to the newspaper to fill the vacancy in the
Inspections Dept. He then made
brief comments regarding the town board meeting on November 12.
Mr. Rush asked on behalf of Michael Harvey that he be moved
up on the agenda because he has to be in Charlotte early the next day.
This request was considered by the board and approved to be moved to Item
6.
4. (a)
Report from Planning and Inspections – Mr. Jim Taylor, Building Inspector,
gave the members a brief summary of the types of
permits written and the estimated value. Total fees collected were $14,096.00; there were 22 building
permits issued, including 7 new homes,
with value, to bring the construction value to $1,765,630.
4. (b) Land Use Plan Update – Ms. Angus asked that
the members refer to the packet submittal from Mr. Bill Farris. He had submitted
brief but concise minutes on the first Steering Committee held earlier this
month. One item Ms. Angus addressed
was that the 6:00 PM start time for these meetings has been changed to 5:00 PM
to allow members to get an earlier start and adjourn earlier for other
commitments.
Chairman asked that each member try to attend these
meetings even though he wants to have the updates included with the packets.
The meetings will be posted on the town website.
5. Sunset
Harbor, Final Plat, Lot 5 – Chairman Daniel expressed concern about
the policy that the planning board may refer a final plat to the Review
Committee. However, they also have
the option to review the plat in formal session and make a recommendation. Mr.
Daniel went over his views on how this project should be handled.
There was considerable discussion about the regulation
requiring that the subdivision must be ‘substantially complete” or it shall
require a surety letter or bond.
According to the previous reviews done “substantially
complete” insofar as the subdivision is concerned has been addressed and in
compliance as determined by the technical review committee; however, the board
felt that certificates of occupancy should be available for each unit prior to
the final plat approval.
Mr. Patteson said he did not feel that the applicant should
be held to this condition since it was never required in the past; if the board
wants to begin requiring CO’s then they should begin with the next project.
That way the applicant would be aware from this time forward.
Chairman Daniel said he did not want to hold up the
applicant; however, the ordinance does say the improvements would be 100% in
place. He does not feel that the project could be 100% complete at this stage.
What he would like to see is that, barring any conditions that staff did
not see, that recommendation for approval be given to the plat with the
stipulation that the CO’s be available or the bond be posted. This will ensure
that the public is protected.
Mr. Farrington, owner/developer, advised that the power and
infrastructure are in place which includes driveway, water, vegetation,
stormwater, accesses, and lighting. The
remainder of the building that needs to be finished is Jim Taylor’s job, as
building inspector. The planning
board has nothing to do with the building itself. All units should be finished
in two to two and half weeks.
Mr. Rush made the comment that according to Mr. Taylor the
only thing that remains is a final inspection for the building, with the
assumption that it will pass inspection. In the future, he feels, that it would
be best to complete the final inspection for the structure before the plat is
brought before the boards. However, for this project to possibly approve this
plat conditioned that the CO’s be issued prior going to the board of
commissioners on Dec. 10th.
Mr. Farrington added that when the CO’s be required that
it will add two to three months to the review process that a building is sitting
empty, completely finished. That is a long time for a person waiting to occupy a
unit to have to wait for review for a project that is in compliance or the
CO’s would not have been able to be issued.
He went on to ask that the board consider deleting a committee meeting in
order to process the plat a little sooner.
Mr. Rush then added that perhaps the board would consider
taking Ms. Angus’ recommendation to review this plat at this meeting and not
hold it for review committee and back to the planning board.
This would allow the project to proceed to the town board of
commissioners for the Dec. 10th meeting. Now that in-house staff is
doing review the planning board members might feel more comfortable
about the review process and not necessarily move future projects through
their Review Committee particularly for Final Plats.
Chairman Daniel agreed that there is no benefit in going to
Review Committee and holding up this process. The plat is acceptable. The
discussion is procedure of the plat, not essence of the drawings.
Rick Farrington said that some of the discussion has been
inaccurate. There is a subdivision at Sunset Harbor, at which time all the water
lines were installed on 7 lots. He felt the confusion comes about in that the
previous subdivision is being confused with a private condominium project. The
regulations are geared for streets, ditching and such.
This is a building that falls under the jurisdiction of the building
inspector. Never in the history of Emerald Isle has a CO been necessary prior to
a final plat approval. The final
plat allows the property to be turned from the developers name to the new owners
name. The CO allows them to move
in. A person cannot move into a
unit without a Certificate of Occupancy. To
require a CO prior to plat approval will have new owners sitting and waiting for
weeks to occupy their unit and he does not think that is what this board is
trying to accomplish. The subdivision issue and the condominium issue need to be
separated, not considered one issue. He is also concerned that he may not be
able to issue a CO without approval from the town board.
Mr. Rush added that there are two subdivisions here. One to
create the 7 lots, and one lot into six different titles. He felt this also a
subdivision and the final plat process should be followed. He felt the CO and
Final Plat approval should be simultaneously issued. He does not feel that this project should be held up and
should proceed to the town board.
Chairman Daniel then told the applicants they do have the
option of a letter of credit.
Mr. Farrington asked what Mr. Daniel wanted to see finished
to be able to establish a dollar figure to set in a letter of credit at 150%.
Mr. Farrington went on to add that they will comply with the previous
option to have the co’s; he has one couple that have to move in prior to
Christmas, so they definitely do not want to hold up the approval of this
project.
Commissioner Marks addressed Chairman Daniel to add that
the issue of having no infrastructure in place for the West End Subdivision, she
did not feel this was to apply to a condominium project. Chairman Daniel said
that the board must comply with the ordinance or amend it again to allow
something else to take place. He is going to stick with policy and procedure.
Pat
Patteson made a motion to recommend approval to the town board for Sunset
Harbor, Final Plat, Lot 5 with the provision that prior to that meeting that
there is a CO in hand or post a letter of credit.
Second by Ed Dowling, unanimous approval in favor of the motion.
6. Shopping Center Standards
– Mr. Harvey had
presented a copy of his further condensation of the consideration for large
commercial structures, with participation throughout by the board.. After his
presentation, Chairman Daniel named a committee to be chaired by Pam Minnick,
Frank Erwin and Pat Patteson to review the 21 conditions that are specified in
the proposal. They are to
concentrate on Option II of Mr. Harvey’s proposal.
Ms. Angus read the members a sporadic list of the square footage of some
of the current commercial structures so that the members could visualize the
different size buildings. A draft will be written by Mr. Harvey for the January
or February meeting for consideration.
7. Ad
Hoc Committee Reports
(a)
Proposed Dunes and Vegetation Ordinance – Chairman Daniel
went through the
Ordinance to correct some
typographical errors, clean-up and clarification on some issues. There was
discussion concerning the authority of Dunes and Vegetation Protection officer.
There was unanimous approval in favor of the changes that were recommended by
the chairman.
Anne Erikson made motion
to recommend approval to the Town Board for the revised Dunes and Vegetation
Ordinance for the December 10, 2002 meeting, Section 19-131 through
19-403 as revised and corrected; second by Brad Fischer, with unanimous approval
in favor of the motion.
(b)
Exterior Wall Faces of Commercial Buildings – Pat
Patteson chaired this commit-
tee and gave the members of the board the
background on how the committee came about the amendment before the board this
evening. It was felt that the current ordinance was not clear and that specific
size porches and/or overhang be considered as such offsets.
The 40’ linear footage was reduced to 20’ to encourage more arch-itectural
design and not have the flat frontage on commercial structures.
Also to allow the roof line to have architectural portions that extend
not more than four feet above the roof line to allow some architectural
latitude. If this provision had been in effect for the Sea Oats commercial
project recently, the planning board could have recommended the first proposal
Mr. Watson submitted. However, because of the current structure of the
ordinance, the plan had to be redrawn to reduce the one gable to not extend
above the roofline. The planning
board felt that the original design was much more desirable, overall, but could
not ignore the ordinance as written.
Mr. Patteson then discussed a portion of the
ordinance (Sec. 19-74) in effect that would have allowed the town board the
latitude to vary this project for Mr. Watson.
Mr. Rush, town manager, took
exception to this ordinance and feels that the board of commissioners cannot
vary an ordinance, that is the board of adjustment. He will be looking into this
provision prior to the town board meeting.
The discussion led to the
reversal of two paragraphs of the proposed amendment, so that it might be more
understandable to anyone reading the ordinance, numbers 4 and 5 were reversed.
1.
Section 19-74.1. Specifications for
construction of outside wall facings of commercial buildings, (5) is being
amended to move to (4) to read Each
exterior wall of a building which is viewable from any street or road shall have
one offset each 20 feet of each exterior wall. The offset shall be a minimum of
8 feet of each exterior wall and extend a minimum of 4 feet in depth. A
projecting porch, gable or other similar structure may serve as an offset if it
creates a visual break in the exterior wall.
2.
Section 19-74.1. (5) is being amended with the existing sentence,
deleting the period, and to be followed by , except that a structure
which is intended as a building offset, and which is an architectural
continuation of other such structures, and which is correctly proportionately
larger than such structure, may extend no more than 4 feet above the existing or
proposed roofline.
Provided,
the town board is authorized to vary the terms hereof, or allow architectural
features otherwise prohibited, if it finds that the proposed feature is
consistent aesthetically or architecturally, for the commercial structure, or is
necessary or desirable for public health or safety reasons.
Mr. Erwin and Mr. Rush
felt that it might also be prudent to check the minutes of the town board
meeting in 1998 when the ordinance was adopted regarding the town board given
the authority to vary the ordinance.
Pat Patteson made the
motion, second by Pam Minnick to recommend approval to the
town board for amending Section 19-74.1, as amended to reverse
items 4 and 5, concerning wall faces and offsets, this was unanimously approved.
(c)
The recording of Final Plats within 60 days of the date of approval
– Frank Erwin
said he felt that the current
ordinance is sufficient, just to reiterate enforcement .
It was then determined by the Planning Board chairman that the Planning
Director, or his/her designee will see that these plats are recorded following
Final Plat approval by the town board. Ms.
Angus said this policy would not be a burden for her or her designee and will be
carrying out this duty from this time forward.
Further discussion determined
that the subdivision that brought this issue about should be addressed
immediately. Ms. Angus was advised
to contact the developer immediately and advise that the recording must take
place within 60 days or the planning board would recommend that the final plat
approval be revoked.
(d)
Update of Planning Board Policies and Procedures – Ms.
Erickson, committee, had presented the members with her revisions and additions
to the current policies and procedures using Roberts Rules of Order and the
Zoning publication that was available. Ms.
Erikson advised that in the essence of time she would ask that the members look
them over for future consideration.
Secretary Angus asked that the December
meeting be rescheduled for an earlier date due to being called for Christmas
week. It was determined that the
meeting will be held on Monday, December 16, 2002 at 7:00 P.M.
There being no further business before the board,
motion to adjourn was made by Brad Fischer, second by Frank Erwin with unanimous
approval in favor of the motion. Respectfully submitted by: 
Carol Angus, Secretary
Town of Emerald Isle Planning Board
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