minpln102703

Town of Emerald Isle

Planning Board Minutes

Monday, October 27, 2003

The meeting was called to order at 7:00 PM by Chairperson, Anne Erikson. Members present were Anne Erikson, Pat Patteson, Pam Minnick, and Joe Quigley. Also present were Planning Director, Kevin Reed and Secretary, Carol Angus. Members absent were Ed Dowling, Jim Craig and Frank Erwin.

Mr. Reed reminded the Board members present that pursuant to the Town Code that a motion would be appropriate to consider those members absent as being excused from the meeting. Motion to excuse those members not present was made by Mr. Patteson and seconded by Mr. Quigley. The motion passed unanimously (4-0).

Approval of Minutes for the Regular Meeting held on September 29, 2003 A motion to approve the minutes as presented was made by Mr. Quigley and seconded by Mr. Patteson. The motion passed unanimously (4-0).

Report from the Planning Director – Kevin B. Reed gave the members a brief summary of the Town Board meeting on October 14, 2003 and the schedule for the Open Houses for the Land Use Plan Steering Committee. There were no questions on the Building Inspections Report.

Discussion of proposed amendments to Chapter 19, to establish regulations for large commercial structures. Mr. Reed referred to the proposed amendments that had been discussed at the Board’s September meeting. He indicated that there were three subject areas that staff was to develop language for on the amendments. Those areas are as follows:

1) Add language in the traffic study requirement, which requires the proposed development to not adversely impact the Level of Service (LOS) after post development build out. Specifically, the study must indicate that the LOS is not reduced below a Level C. In addition, the impact of the development after build out cannot reduce the LOS more than 1 level. The traffic study must be conducted or based on data that is collected “in season” on a Saturday or Sunday during peak hours (11 am – 3 pm).

2) Require that sidewalks be constructed along all public streets with a minimum of 4 feet in width and a maximum of 5 feet in width. The Public Works Director must approve the construction materials and method of construction. The Town may waive the requirements for sidewalks along any street in which there are existing sidewalks nearby or sidewalks are planned to be constructed.

3) The location and number of driveway entrances to the proposed development along State maintained streets must be approved by the North Carolina Department of Transportation. The Public Works Director must approve the location and number of entrances along Town maintained streets.

Mr. Reed advised that he is arranging for a private transportation engineer to speak with the Board to further explain how a traffic impact study is prepared and what exactly are the variable that affect Level of Service (LOS) ratings. Therefore, he would like to postpone any action on this portion of the proposal; however, to proceed with discussion on the sidewalks and driveway issues. The members readily agreed that a presentation from a traffic engineer would be quite beneficial and agreed to Mr. Reed’s request to discuss the other issues. The members indicated they were comfortable with the draft language for the number of driveway cuts and the location of them. The size of required sidewalks was revised to reflect a minimum width of five (5) and a maximum width of six (6) feet.

Ms. Minnick raised the issue of dumpster screening to suggest that the area be entirely screened by a material that will totally cover the dumpster and containment area. This issue is being raised to avoid the possibility of a development being completed with only open fencing or open fencing with some sort of weaving material in the fence.

Also discussed was the necessity of being able to enforce the continued maintenance and repair of the dumpster screening area. Mr. Reed is to add some wording to require that if the screening materials need repair of are damaged by nay means, then there is adequate wording to require repair or replacement of the dumpster screening. In addition, the construction methods and materials are to be approved as part of the commercial development review process.

Returning to the items Mr. Reed had discussed, Ms. Erikson said she felt that the Board of Commissioners might want to attend the traffic study presentation by the engineer. Following discussion of this matter, a motion was made by Ms. Minnick to table the matter. The motion was seconded by Mr. Patteson and passed unanimously, (4-0).

Proposed Amendments to Chapter 19 to revise the regulations governing the placement of temporary signs and banners. Mr. Reed presented his proposal for this issue to further clarify the use of banners and temporary signs both in definitions and as an exception. There was some discussion among the members that these signs, as in the past, will only be pertain to those erected by non-profit, public, charitable or religious groups and organizations. The exception will not apply to commercial business because they are currently regulated under an existing code section.

A motion was made by Mr. Patteson to recommend approval to the Town Board that Section 19-132 and Section 19-134 be amended as presented by staff. The motion was seconded by Ms. Minnick and passed unanimously (4-0).

Discussion of proposed changes to address the requirements for vegetative buffers in the commercial districts, Section 19-107.

Mr. Reed’s proposal reads as follows to clarify the existing wording after a committee meeting of Frank Rush, Kevin Reed, and Pat Patteson:

(7) A buffer shall be required if commercial development abuts a residential or institutional lot. The buffer shall consist of one of the following: (1) a vegetative opaque screen six (6) feet in height; or, (2) an opaque fence six (6) feet in height. The buffer must be located along the perimeter of the project where it abuts the residential or institutional lot and must be approved as part of the commercial development review process.

Mr. Reed indicated that Mr. Erwin was supposed to participate in the meeting; however he was not available to participate in the meeting. The remaining members decided to meet in an effort to come to a consensus on the amendment. Ms. Minnick brought up the issue of maintaining these buffers. She also was concerned about the ability to review and approve construction materials and methods for a buffer consisting of a fence.

A motion was made by Ms. Minnick to recommend approval to the Town Board on the amendment to Section 19-107. The motion included adding the wording to require maintenance and replacement of the buffer area as well as approval of the materials and construction methods as part of the commercial development review process. The motion was seconded by Mr. Patteson and passed unanimously (4-0).

Discussion of the Residential Motel/Hotel (RMH) Zoning District – Chairman Erikson said she had requested this item be placed on the agenda for discussion and because she is a member of the Land Use Plan Steering Committee which may be addressing this issue soon.

Mr. Reed pointed out on the zoning map the amount of RMH zoning throughout the Town, with a considerable amount of it being in the western part of Town. He further noted that the vast majority of the RMH zoning is being used as one and two family dwellings.

Ms. Erikson said she realizes that the probability of a Hotel or Motel coming in to buy up several lots is pretty remote; however, to have these areas rezoned to B-2 would protect the property from the possibility. This would be especially true if there should be off site sewage available in the future. Ms. Minnick said she felt it might be more feasible for a developer should there be a hurricane that might destroy a number of homes in an area and allow a hotel to take advantage of the zoning. These lots need to remain as residential only. Other members of the Board agreed with these observations, and that the issue is to be looked into by a subcommittee of the Board.

Ms. Minnick asked what would happen to those subdivisions that have country clubs in existence if the areas should be rezoned. Mr. Reed advised they would continue to operate as they had, but would be considered a non-conforming use which may affect future expansion of the use.

Chairperson Erikson appointed herself, Pat Patteson, Pam Minnick and Ed Dowling to a subcommittee to look into the RMH zoning. Staff support for the group would be provided by Kevin Reed. The first committee meeting date will be determined in the near future.

Discussion of November meeting date of the Planning Board . This was placed on the agenda due to the meeting falling on the week of Thanksgiving. Of the four members in attendance, all would be able to attend; it was therefore decided to hold the meeting on the regular meeting date, which will be Monday, November 24, 2003 at 7:00 PM.

COMMENTS: None

There being no further business before the Board, a motion to adjourn was made by Mr. Patteson and was seconded by Ms. Minnick. The motion passed unanimously (4-0).

Carol Angus, Secretary