Town of Emerald Isle
Planning Board Meeting
Monday, January 26, 2004
7:00 PM at Town Hall

  1. Call to Order
  2. Roll Call
  3. Election of Chairman and Vice-Chairman of the Planning Board
  4. Approval of Minutes for the Regular Meeting held on November 24, 2003
  5. Report from the Planning Director
    • Town Board Meeting
    • Land Use Steering Committee Update
    • Building Inspection Reports, November and December 2003
    • Meetings to Note
    1. Joint Land Use Plan Steering Committee/Planning Board Meeting, February 4, 2004
    2. Planning Board/Board of Commissioners Joint Subcommittee, (tentative dates) February 5, 9 and 12, 2004
    3. Board of Commissioners, February 10, 2004
    4. Planning Board, February 23, 2004
  6. Consider a request by Bell Cove LLC to rezone approximately 5.02 acres located north of Coast Guard Road and west of Highway 58 (Emerald Drive) from B-3 (Business) to RMF (Residential Multi-Family).
  7. Consider a request by the Town of Emerald Isle for the subdivision of 43.2 acres of property located on the north side of Coast Guard Road.
  8. Consider possible amendments to Section 19, Article X., Dunes and Vegetation Protection, of the Town Code.
  9. Consider a request by Thomas Strickland to rezone two lots located on the south side of Emerald Drive from B-3 (Business) to R-2 (Residential).
  10. Consider the appointment of two Planning Board members to serve on the Planning Board/Board of Commissioners Joint Subcommittee to review the Draft Land Use Plan Update.
  11. Discussion on the regulations governing the construction of piers.
  12. Comments
  13. Adjourn

 

Minutes of Town of Emerald Isle

Planning Board Meeting

Monday, January 26, 2004

 

Mayor Arthur Schools called the meeting to order at 7:00 PM.  Members present were  Ceil Saunders, Frank Vance, Jim Craig, Robert Conrad, Bob Smith, Jerry Huml and Eddie Barber.   Also present were Planning and Inspections Director, Kevin B. Reed and Secretary, Carol Angus.

 

The Mayor announced that the first order of business was the election of a Chairman and Vice-Chairman of the Planning Board Chairman.  Frank Vance made a motion to nominate Ceil Saunders for Chairman.  The motion was seconded by Robert Conrad and passed unanimously.  Jim Craig made a motion to nominate Frank Vance as Vice-chairman.  The motion was seconded by Ceil Saunders and passed unanimously.  Mayor Schools then turned the meeting over to Chairperson Saunders.

 

A motion was made by Jim Craig to approve the minutes of the November 24, 2003 meeting as presented.  The motion was seconded by Eddie Barber and passed unanimously.

 

Report from the Planning Director – Kevin Reed stated that he hoped to look forward to a long and productive period working with the newly appointed Board members.  He advised that he was open to any questions that the members might have regarding the Inspections Department Report for the months of November ad December.  He further advised the Board members of several meetings pertaining to the draft Land Use Plan.  The Board should note that a joint meeting with the Land Use Plan Steering Committee was scheduled for Wednesday, February 5, 2004.  At that meeting, the committee will present the draft plan to the Planning Board.

 

There was some discussion regarding meeting time and date for Planning Board meetings.  Jim Craig made a motion to change the time for a meeting to commence to 6:00 PM on the 4th Monday of each month.  Bob Smith seconded this motion and it passed unanimously.

 

Consider a request by Bell Cove LLC to rezone approximately 5.02 acres located north of Coast Guard Road and west of Hwy 58 (Emerald Drive) from B-3 (Business) to RMF (Residential Multi-Family).  Mr. Reed advised the members that this rezoning request was presented to the Planning Board at the November meeting. According to Board policy, the request was tabled until the next meeting of the Board.  As there was not a meeting in December this item appears before this Board for possible recommendation to the Town Board.    There was brief discussion on the possible ingress and egress to the subject parcel.  Mr. Reed said there have been no development plans submitted for the parcel.  He did indicate that a plan for the portion of the property which will remain commercial may be developed in the very near future.  The entrance to the subject property would be from Coast Guard Road across from the Pebble Beach entrance.  The property to the south and portions to the west have been developed for multi-family residential.  Further discussion disclosed that the Board members felt that this proposal should reduce the traffic flow potential if the property is rezoned from B-3 to RMF.  A motion was made by Jerry Huml to recommend to the Board of Commissioners that the rezoning be approved.  The motion was seconded by Frank Vance and passed unanimously.

 

Consider a request by the Town of Emerald Isle for Preliminary and Final plat approval of the subdivision of 43.2 acres of property located on the north side of Coast Guard Road (Emerald Woods).  The Town would like to make a request to subdivide the property in order to create two tracts.  The smaller tract, which contains approximately 1.1-acres, would be deeded to the Bogue Banks Water Corporation (BBWC) for the placement of an elevated water storage tank.  Jerry Huml indicated that there is a height limit in the Zoning Ordinance for this proposed tank of 100’. He asked the height of the tank and was advised it may be as high at 150 feet.   Mr. Reed indicated that the Ordinance has a provision which allows for the Board of Adjustment to grant a variance to exceed the 100 foot limit; however, prior to considering such a request the BOA must have a recommendation from the Planning Board.  Jim Craig said he felt this is a necessary facility and if 150’ is what will make it efficient that it should be at that height.  Bob Smith asked about access to the property and was informed that it will be directly off Coast Guard Road.  A motion was made by Jim Craig to recommend approval of the Preliminary and Final plat to the Board of Commissioners.  The motion was seconded by Bob Smith and passed unanimously.

 

Consider possible amendments to Section 19, Article X, Dunes and Vegetation Protection of the Town Code.  The amendments were, basically, to eliminate the need to obtain a building permit to grade a lot, or install a septic system on a vacant lot.  The Board of Commissioners felt that the current provisions in the code should be revised as presented by staff.  Those portions of the Ordinance relative to achieving this goal were deleted throughout the Dunes and Vegetation Protection Ordinance.  Also, there is a proposal to revise the restriction on clearing an estuarine lot within the Coastal Area Management Act (CAMA) jurisdiction.  The proposal would have the Town’s requirements parallel those of CAMA.

 

Chairman Saunders stated that she felt this is a very important decision and wanted to be sure it is fully understood by each member and would like to see it tabled for further review.  Other members felt there were a few issues that needed to be discussed and agreed with further review, with a workshop to be held prior to the next meeting to fully discuss the amendments.  A motion to table this item until the February 23, 2004 meeting was made by Bob Smith.  The motion was seconded by Jerry Huml and passed unanimously.

 

Consider a rezoning request by Brian and Stacy McCann, to rezone lots 3 and 4 of Block 15, on the South side of Emerald Drive (Hwy 58) from B-3 (Commercial) to R-2 (Residential).  Mr. Tom Strickland was present to represent the owners, Mr. and Mrs. McCann  He stated that the owners felt the commercial zoning would not work in this area, and that residential use would provide better use of the property.  Mr. Reed advised that the draft Land Use Plan designates this area as commercial.  In response to a question, staff indicated that there are no side setback requirements for property zoned commercial.  Staff then clarified that there was required buffer of 15 feet between commercial and residential development.  Pursuant to Board policy this matter should be tabled until the next meeting.  A motion to table the request until the next meeting was made by Jerry Huml.  The motion was seconded by Jim Craig and passed unanimously.

 

The next agenda item was to name two board members to the serve on the Planning Board/Board of Commissioners Joint Subcommittee to review the Draft Land Use Plan Update.  Chairperson Saunders appointed herself and Eddie Barber to serve on this joint subcommittee. 

 

Discussion on the regulations governing the construction of piers.  This issue was originally discussed by the Planning Board on several occasions last year.  The Board most recently discussed this issue at its November meeting and tabled the matter pending direction from the Board of Commissioners.  The Commissioners have indicated they believe the Town’s regulations on pier and docks should parallel those established by CAMA.  Most members felt that the property owners had a right to utilize their property on the waterfront, and that the regulations imposed CAMA are reasonable.  Staff indicated that proposed changes to the Town Code would be presented to the Planning Board at its next meeting. 

 

COMMENTS:

 

The members all indicated they are pleased to be appointed to the Planning Board.  Chairperson Saunders asked that each member go to each site as they are presented to them to look at the request to be able to make a more informed decision.

 

A motion to adjourn was made by Jim Craig.  The motion was seconded by Frank Vance and passed unanimously.  The meeting adjourned at 8:15 PM.

 

Respectfully submitted by:

 

Carol Angus, Secretary

Town of Emerald Isle

Planning Board