minpln052203

Unapproved
Town of Emerald Isle
Minutes of Regular Meeting
Monday, May 22, 2003 The Town of Emerald Isle Planning Board was called to order at 7:00 P.M. by Chairman Art Daniel. Members in attendance were: Pat Patteson, Frank Erwin, James Craig, and Pam Minnick. Excused members were: Ed Dowling and Anne Erikson. Also in attendance were: Carol Angus, Planning Director and Michael Harvey, Benchmark Consultant.

Chairman Daniel asked that the agenda be amended to allow the inclusion of item 4 (a) to add Bluewater Associates of Emerald Isle for Commercial Review. It was unanimously approved to add this item to the agenda.

1. The Minutes of the regular meeting of March 24, 2003 were approved as written by a unanimous vote.

The Minutes of the regular meeting of April 28, 2003 were approved as written by a unanimous vote.

2. Report from Planning Director – Carol Angus

a) Ms. Angus gave a brief overview of the Town Board of Commissioners meeting on May 13, 2003, particularly the denial of Final Plats for Spinnakers Reach IV, and South Beach S/D’s due to there not being a satisfactory stormwater plan submitted. Both S/D’s were since approved at a Special Meeting after Mr. Daniel’s review and approval.

b) Land Use Plan Steering Committee Update – The agenda and survey were submitted

c) May Monthly Building Inspections Report – The monthly report for May had been submitted for review. There were no questions from the board.

3. Citizens Comments – There were none.

4. a) Sunset Harbor, Final Plat, Lot 7, 6-unit condominium – Billy Farrington, developer, advised that this is the last of the seven lots to be developed. There were no other questions from the board. Pat Patteson made the motion to recommend approval to the town board, Jim Craig made the second to the motion and it was unanimously approved.

b). Bluewater Associates of Emerald Isle, Commercial Review – Chairman Daniel reminded the board members that this project was being previously considered; however, the stormwater pipe and parking had to be installed which held up the recommendation until such time this was completed.

Mr. Woody Warren, owner, advised that stormwater retention is installed and the parking area paved. The project had been so long in being completed due to rainy weather.

Michael Harvey, Benchmark, added that the staff recommendation is that the project is substantially complete. He went on to advise that the motion should be

1) the expansion is approved as per the ordinance;

2) the board finds the stormwater plan has been revised to comply with applicable requirements to allow for the expansion.

3) this proposal meets all other applicable elements of the ordinance.

The motion was made by Jim Craig to recommend approval to the town board, second by Frank Erwin with unanimous approval in favor of the motion as stated by Mr. Harvey.

5. Large Structure Committee Report – Pam Minnick, chairman of the committee, advised that she saw changes that should be to (3) the buffering of the dumpsters, to be solid wood or masonry walls not to exceed 6’ in height and 6’ high vegetated buffer planted at the time of the certificate of occupancy; (11) Mr. Harvey had been directed to contact Raleigh DOT to determine the level of service for streets; however, that study has not yet been completed.

Chairman Daniel advised that he is concerned by the degradation of level of service at the intersections.

Mr. Harvey advised that the board should retain the existing verbiage for now and when the new policy is adopted by the State it can be amended into this ordinance. Mr. Harvey commented that getting cooperation from Raleigh had been frustrating, they refused to comment. His contacts in Greenville and New Bern also refused to comment. One of the concerns they did express was that you could not set a level of service and cannot meet that level, you cannot develop the property. He said that Steve Hamilton, with DOT, had rated Coast Guard at a “D” and reduces to an “F” (failing) during the summer months. In his opinion it would not allow any flexibility for development, and to keep the ordinance a little vague and then adopt the plan that the state recommends for subsection “J”. Mr. Harvey agrees with Mr. Hamilton’s assessment.

Mr. Patteson asked who would do the traffic study, to which Mr. Harvey replied that he feels that a motion be made to amend #11 to say that “the applicant must complete a comprehensive traffic analysis, conducted by a licensed N.C. professional traffic engineer”.

There was then discussion concerning #9, testing the water flow capacity. Mr. Patteson felt that the applicant should pay the fire dept. for the duty of supervising the test on the water flow should it be done by an independent firm. He felt the dept. should be paid a fee, whether they conduct the test on their own, or by an independent firm.

Mr. Erwin and Mr. Harvey concurred there should be fees and they should be determined by the town board in their consolidated fee schedule.

Mr. Patteson then addressed a project that might be done in stages. He is concerned that all incidental uses (unloading/loading area; through drives; dumpsters; etc) should be completed in the first phase. This would give fire and rescue or whomever needs to gain access the ability to do so. Mr. Harvey said he felt that this ordinance does cover any projects that may be done in stages.

Motion was made by Pat Patteson to recommend the large structure ordinance to the town board with the changes to Item 3 to define the dumpster buffering; Item 11 to address level of traffic service; Item #9 to require fees to be determined by the town board to pay a fee to the fire dept. whether they alone conduct a water flow test or supervise the test done by an independent firm.

The second was made by Pam Minnick, with unanimous approval in favor of the motion.

6. Discussion Regarding Adoption of International Building Code – In the absence of the building inspector, due to illness, Chairman Daniel handled this agenda item. He advised that Ms. Angus had brought this to light in the need to require fencing around swimming pools. It came to light that the town had not adopted the appendices to the building code since their adoption in 1983. The inspectors have been enforcing them however, they were not fully in force in the town code. This is something that needs to be attended to.

Chairman Daniel, Jim Taylor, Frank Rush and Ms. Angus held a meeting to determine which of the appendices should be adopted and which would not be necessary within this jurisdiction. There was a list of appendices presented to the planning board as a result of that meeting. Mr. Daniel went over each item and gave a brief description of each under N.C. Residential Code.

Appendix Specifics

G. Swimming pools, spas and hot tubs

~~H. Patio Covers~~

K Sound transmission

L Steel with beam span chart

M Wood decks

N Basic load estimating

O Recommend construction practices for slab on grade

P Cantilevered floor sections

Q Foam plastic diagram

~~R Insulation placement for frost-protected footings in heated buildings.~~

From - North Carolina Building Code – H Signs

After discussion of each of the items the board determined that ‘H patio covers’ should be deleted in the hope to disallow the use; ‘R Insulation placement for frost protected footings in heated buildings’ because it may not be needed.

airman Daniel gaveled that the item will be tabled to the June meeting, with the noted comments of Items ‘H’ and ‘R’.

This item has since passed to the Town Board of Commissioners at their meeting on June 10, and was adopted with all the appendices as requested by Mr. James W. Taylor, Chief Building Inspector after he presented his rationale as to why he wanted to include the items “H” and “R”. The board vote was unanimous. Therefore, this item will not be appearing before the Planning Board in the future.)

7. Dunes and Vegetation Ordinance Revision – Ms. Angus began the discussion to state that on page six, Commercial Properties, D (3) that she did not remember any in depth discussion regarding the percentage of natural area on a commercial lot. She felt that it might be Mr. Harvey’s assumption that the natural area would be 35%, as stated in residential districts. She felt it should be left at least 15% or 25% as it is currently. There are so many very small commercial lots. On a small lot would be impossible for a building, parking, stormwater, dumpster, loading zone, and then require vegetation.

Mr. Patteson asked to move on to D (1) regarding the 5’ buffer on side property lines. Mr. Harvey said this is being ‘encouraged’ not requiring the 5’ buffer.

Other discussion lead to the stipulation that the length of a permit will be 18 months.

After several scenarios and more questions, it was determined to recommend the commercial

vegetated area will be proposed as it exists in the current code, which is 25% for B-2 and B-1, and 15% for B-3.

It was recommended to remove the word “mandatory” in 19-336, to encourage fringe area.

There were several questions asked by Billy Farrington and Nita Hedreen from the audience to clarify some of the verbiage.

Mr. Harvey said he will be glad to make those few changes and note them in his memo to the board of commissioners to reflect the changes discussed this evening to avoid bring this back to the planning board again.

There was further discussion on not using Areas of Environmental Concern (AEC) (CAMA) as part of the natural calculation. Mr. Harvey said it had been in the ordinance at some point, but had been removed.

This would encompass the 60/90 foot setback on the oceanfront and the 30/40 setback on the sound. Chairman Daniel, Mr. Erwin and Mr. Harvey all agreed that this should be put back into the ordinance to disallow use of the setback areas. Mr. Farrington, a builder, said this would be disastrous to the builder/owner, especially on the sound front. To take 35% of a lot that is 7,500 square feet to begin with is pretty small, and to take away using the CAMA setback is too much.

To use 35% natural on a lot 20,000 sq. ft. is not hard to deal with at all.

Mr. Patteson agreed with Mr. Farrington, this restriction would be very difficult on a person who wants to do exactly what his neighbor has developed and 98% of the rest of the island has done, but these few property owners coming on line now would be penalized.

Motion was made by Pat Patteson, second by James Craig, to recommend approval to the town board with the change to the May 20, Staff Draft, revised Dunes and Vegetation Ordinance 19-336 D that commercial properties be amended to incorporate the existing policy with respect to requiring natural area in the B-3, B-2 and B-1 districts as it appears in current ordinance; and, delete the word ‘mandatory’ in 19-336(1)(c)(1)(2)and (3) to encourage the fringe area throughout; and to extend the validity of the permit to 18 months under section Sec. 19-340. Unanimous vote in favor of the motion without vote from Chairman.

Comments from Members:

Mr. Daniel announced that effective immediately he was resigning from the planning board. He appreciated the opportunity to serve with the board. He will submit his letter through the proper channels.

The meeting was adjourned.

Respectfully submitted by:

Carol Angus, Secretary
Town of Emerald Isle Planning Board