December 16,
2002 Agenda
December 16,
& 18, Minutes
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Town of Emerald
Isle Call to Order Adjourn
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UNAPPROVED The meeting was called to order by Chairman, Art Daniel, at 7:00 PM. Members in attendance were: Chairman Art Daniel, Pat Patteson, Ed Dowling, Frank Erwin, Brad Fischer and Pam Minnick. Ms. Erikson was excused, being out of the country. Also, in attendance were, Frank Rush, town manager and Carol Angus, secretary/planning director. Chairman Daniel asked that the substitute agenda be approved and amended prior to beginning the meeting due to the fact that the Emerald Forest Miniature Golf agents have a long drive at conclusion of the agenda item. It was requested that this agenda item be moved earlier in the meeting to accommodate these parties. Motion was made to approve the substitute agenda and allow this project to advance on the agenda by Pat Patteson with unanimous approval in favor of the motion. Chairman Daniel then brought forward a request he made some time ago, and by Carol Angus, Planning Director to allow some issues, as designated in policy and procedure, go straight into review at the regular meeting. As the Review Committee is an informal meeting of this board, that cannot take any action, he suggested that the board consider a suggestion to recess, rather than adjourn, the meeting tonight, and reconvene at 3:00 PM Wednesday after the Review Committee meeting. He reiterated that this will only be done when it is appropriate, not necessarily at each month’s meeting. Pat Patteson asked how this process might be made available to an applicant as to whether they may or may not be able to utilize this method of approval to avoid any confusion. Mr. Daniel said he felt that anytime the planning board is in a position to recommend approval at it’s regular meeting, it can do so. If it is a project that must be referred to committee/review then full process will be followed. Chairman Daniel then asked that he be excused from the Emerald Forest Miniature Golf project due to a possible perception of a conflict of interest. Mr. Daniel has drawn the retaining wall system for the project. He then asked Frank Erwin to replace him as chairman-pro tem in the absence of Ms. Erikson. Emerald Forest Miniature Golf Special Use application – Ms. Angus advised that the application and fees are in order. Mr. Bob Cook and Mr. Pat Taylor, Signature Designs, are here representing the owner of the property, Isaac Shamah. She advised that the reason that this request is before the board is that it is an outdoor amusement for commercial purpose, and must meet the criteria of the Special Use Table, No. 3. The lighting has been addressed, site plan is available and quite detailed and to be discussed during the commercial review process, there is no music to be used, so that is not an issue. The hours of operation are to be addressed at this time. Law enforcement and public services have reviewed the project, made their recommendations and they have been added. All parking is delineated. As there are no parking specifications for this type of use in the town ordinance, the applicant has used what he has used in numerous projects in the past for the size of the course and available space. The technical committee felt that 20 spaces were adequate with an average of two to four people in a vehicle will put approximately 40 to 60 people on the course at any given time; or one space per hole (18), plus one for the employee and one handicap (20). There is a peak time of 6:00 PM to 8:00 PM daily. There is some issue with the ordinance as it reads, requires a special use be for no more than one year, at that time a review must be done of the property to determine whether it will be continued. This applicant would like to have the use considered permanent with the stipulation that should any of the conditions be violated, the Special Use will be revoked. Mr. Erwin asked Mr. Bob Cook to address the board. He gave a brief synopsis of the golf project. It is primarily a large landscaping project. There will be no special effects on the property with the exception of a cave that will have the appearance of a fog emanating from it. That fog will dissipate quickly toward the water on the site. There is a pumping system that recirculates the moving water throughout the course to avoid stagnant water. There are approximately 13 large trees on the property of which 9 will be worked into the landscaping. It is planned, at this time, to use a well for the water being used, but that may change to city water. The water in the ‘lake’ is used for irrigation of the plants. There are arrows on the plan that show how the water will flow, as well as water flow on the project overall for the stormwater. There are detailed illustrations of specific stormwater areas prepared by the engineer. The engineer, John McLean, advised that the parking lot is approximately 7,000 square feet. This much impervious area is necessary to accommodate the 20 - 10’x20’ parking spaces and turning radius. Mr. Cook advised the board that on the parking issue, that Mr. Shamah owns the adjacent property as well, and will encourage parking on the south side of his building. Mr. Alan Bell, surveyor for the project, added, on a personal level, that the parking spaces being what they are makes sense because each vehicle plays as one unit, on one hole, and moves on. Mr. Patteson asked if there is a way to access the property to the west for the additional shared parking. Mr. Cook said they had planned to put down some stepping stones. Mr. Patteson also asked about the lighting and was advised that there will be lighting visible from the street; however, it will be shined down onto the property. There was brief discussion on the tallest portion of the project and nothing exceeded the height requirement. There was some discussion about the possible use of pervious concrete in the project, however, Mr. Cook could not speak for the owner, Mr. Shamah. Discussion continued about the possibility of the owner phasing into the sidewalk and bicycle trail in the future. Possibly putting a gate on the north boundary for pedestrian access and bicycle parking. Secretary Angus said she had contacted, Mr. Livingston, DOT in Newport, regarding vegetation on Hwy 58. He was glad to get this cooperation to save vegetation and prevent erosion. Mr. Dowling asked if the applicant might be willing to eliminate one of the drives? Mr. Cook said it makes better sense to use two; however, the fire department would have better radius to maneuver with two drives rather than have to turn inside a closed area. There was also a request from the fire department to place a gate on the south fence line for access in the event of an emergency to the east side of the property. The applicant had agreed to this condition. Drainage throughout the property was discussed and indicated to the board members by Mr. John McLean, PE. The water flowing through the project will be shut off at closing. From the audience, Commissioner Marks asked that special attention, on Wednesday, be paid to the stormwater on the project with this being a problem in the past for Reed Drive. The required fence/buffering on the east side of the property was discussed, especially as to whether there might be additional vegetation added to the natural area especially on the east side or on the fence line on the south side. The consensus of the board was that the natural area was to be left alone the topography definitely has to remain as it exists. Mr. Cook said he felt that to plant something that is indigenous then you are not disturbing. There will be further comment for this project at Review Committee to follow. There were several items to be addressed for review which are:
Pat Patteson made the motion to have Mr. Daniel return as Chairman. Mr. Daniel asked for approval of the minutes of the regular meeting of November 25, 2002 with one change to change ‘evidence’ to ‘essence’ on the last page. No further additions the minutes were approved as amended. Mr.
Daniel advised that the December 09, 2002 minutes are not available for this
evening. Chairman Daniel moved on the
election of the vice-chairman. Mr.
Dowling nominated Ms. Anne Erikson, as vice-chairman, second by Pat Patteson
with unanimous approval. Ms. Angus asked if there were any questions of the members in reference to the town board meeting in Mr. Rush’s absence. There were none. Report from Planning and Inspections -Ms. Angus updated the members on the Land Use Plan meeting of December 12, 2002. There were 13 of the 14 members of the Steering Committee. Assets and obstacles were again discussed with some rearranging and changes. Poster and flyers are being sent to Ms. Angus to advertise participation for the January 8, 2003 for the public meeting. There was discussion regarding the pictures taken of likes and dislikes throughout town of those who are on the committee. Building Permits for the month of November were supplied to the members. Ms. Angus then reminded the members to check the web site often for any scheduled meetings or workshops that should be of interest to any planning board member. Also, that the Joint Land Use Study that had been distributed to each member must be kept track of. This lengthy document will have to be returned at the termination of members term, as does the Land Use Plan. Request from Planning Director for assistance in disposition of a request to allow teaching of yoga exercises in a B-2 district. Ms. Angus said she would like to expedite this request only because the applicant had been working through the town for the past three years at the recreation center and now wanted to open her private studio. When the request came across Ms. Angus’ desk she realized that this is not a specified use in the table and would like to see such use be permitted in B-2 and B-3 along with other uses of the same type, i.e. karate, tai chi, aerobics, dancing studio, etc. Ms. Angus said she was allowing the studio to open temporarily under the definition of ‘personal service’ which is permitted under ‘beauty shops/barber shops’. She asked that “Aerobic, dance, karate, yoga or other related types of recreation” as a permitted use, not a special use, in B-2 and B-3. Chairman Daniel said he would like to see this referred back to Mike Harvey, Benchmark Planner, for his assistance in drafting the change for the January meeting. Motion was made to recess the meeting at 8:45 PM to Wednesday, December 18, 2002 at 3:00 PM.
UNAPPROVED Chairman Daniel called the meeting to order at 3:00 PM. Members present were: Chairman Daniel, Ed Dowling, Pat Patteson and Brad Fischer, which does constitute a quorum. Pam Minnick, Anne Erikson and Frank Erwin excused. Chairman Daniel again asked to be excused from this process due to what may be construed as a conflict of interest. Pat Patteson was asked to chair the meeting for this agenda item. Mr. Patteson asked if all required signatures were on the plan and was advised that they are. Continued discussions on issues previously discussed, specifically the proximity of the project to the adjoining residential property. Whether to require the board fence or allow it to be at the desire of the adjoining property owner. Discussion about access to a future bike or pedestrian walk along the Hwy 58 corridor. It was determined that the following issues be considered for the Special Use and motion made to approve the use with these conditions:
Motion was made by Ed Dowling to recommend approval of the commercial use with reference to the Special Use as previously determined. Unanimous vote in favor of the motion. Chairman Daniel then returned to Chair and continued with the meeting. Chairman Daniel asked that he be able to give the members a brief synopsis of the use of pervious concrete. This request was granted.. There was a descriptive handout available to the members from Mr. Daniel. He got the information from the website for Georgia Concrete and Products, Assn. Some of the benefits of the pervious concrete is that it has a cooler surface in summer than black asphalt. Offers improved filtration, and void content of 15 to 25 percent. It catches oils and chemical pollutants. Parking lots are particularly well suited to this use because of the hydrocarbon liquids that seep from parked vehicles. Atlantic Beach has used this material on a test street. The sand blows over it and it is swept off. Power washing or vacuuming can restore 80 to 90 percent of the pervious surface. According the information he has available the surface will absorb almost one inch in itself. Mr. Patteson said he has been to a demonstration of the product and was impressed with the fact a five-gallon bucket of water was poured over the surface and it absorbed very quickly in a small area. Jordan’s Seafood owner has agreed to use the product on his new parking lot behind the restaurant. It was discussed whether this product could be considered for use in conjunction with the town stormwater plan. When an engineer verifies that 2” of stormwater is retained on the site by whatever method and with the pervious concrete, it will be considered as adequate. There being no further business before the board, motion was made by Pat Patteson, second by Brad Fischer to adjourn at 4:35 PM. Respectfully submitted by: Carol
Angus, Secretary
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