minpln032204

Town of Emerald Isle

Planning Board Regular Meeting

Monday, march 22, 2004

Chairman Ceil Saunders called the meeting to order at 6:00 P.M. Members present were Ceil Saunders, Frank Vance, Jim Craig, Bob Smith, Robert Conrad, Jerry Huml and Eddie Barber. Also attending were Planning Director, Kevin Reed and Secretary, Carol Angus.

Chairman asked the Board members to consider adoption of the three sets of meeting minutes that were included in their Board packets. Mr. Craig made a motion to approve the minutes for the meeting held on February 27, 2004, as amended. The motion was seconded by Mr. Huml and passed unanimously (6 to 0). Mr. Barber made a motion to approve the minutes for the meeting held on February 11, 2004, as amended. The motion was seconded by Mr. Smith and passed unanimously (6 to 0). Mr. Vance made a motion to approve the minutes for the meeting held on February 4, 2004, as amended. The motion was seconded by Mr. Craig and passed unanimously (6 to 0).

Kevin Reed gave the members a brief summary of the issues before the Town Board of Commissioners at their meeting of March 9, 2004 that were of interest to the Planning Board. He also presented the Planning and Inspections Department report for the month of February. He noted during the report that for February the Town issued a total of 29 permits (10 for new homes) with a total value of in excess of $2.9 million. The Department collected approximately in $18,115 in permit fees for the month. So far this fiscal year, the Town has issued building permits with a total value in excess of $23.6 million and has collected over $161,000 in fees.

Discussion on Chapter 16, Stormwater Management, of the Town Code. Mr. Reed introduced Greg Meshaw to the members of the Board. Mr. Reed then presented the following information for the Board. In July of 2003, the North Carolina Board of Examiners for Engineers and Surveyors (Board of Examiners) contacted the Town via letter regarding the Town’s Stormwater Management Ordinance. Specifically, the licensing board had taken issue with the stipulation within the Ordinance which indicated that stormwater management plans for residential projects with less than 5,000 square feet of impervious surface need not be prepared by a Professional Engineer (PE), but still must be prepared in accordance with the Ordinance’s design guidelines. Town staff was concerned about the position of the Board of Examiners on this matter since the Town did not wish to subject persons who were building smaller homes to the time required to have a PE to prepare a stormwater plan or subject them to the additional cost associated with such a plan. Likewise, the Town also realized the importance that effective stormwater management plays in the development process. Therefore, staff began working with the Town’s Engineer, Greg Meshaw, to address these concerns. Greg met with Town staff and then proposed possible revisions to the Ordinance. Essentially, his work resulted in some proposed changes to the Ordinance as well as a “fill in the blank” type of form (known as the Standard Method Stormwater Management Plan – copy attached) and a series of calculations which could be utilized by someone who desires to construct a home with not more than 5,000 square feet of impervious surface. This approach would allow someone to develop a stormwater plan that met the requirements of the Ordinance without using a PE.

Greg Meshaw presented this alternative on behalf of the Town to the Board of Examiners in September of 2003. The Board of Examiners has formally rejected the changes that were proposed and has further indicated to the Town that they do not foresee any change of heart on their position. The Town is essentially now faced with two options. First, the Town can make no changes to Chapter 16 and continue to enforce the existing ordinance as written which would require any homeowner constructing a dwelling with less than 5,000 square feet of impervious surface to hire a PE for the stormwater component of the permitting process. Second, the Town could amend its ordinance to completely exempt development with less than 5,000 square feet of impervious area from having to comply with the Town’s stormwater regulations, or make other amendments to the section of the ordinance that contains the requirements for structures with that amount of impervious area. There were several questions by Board members for Greg Meshaw. Following discussion of this item, Chairman Saunders appointed a committee Bob Conrad and Jim Craig to work with Kevin Reed and Greg Meshaw in order to develop a recommendation for the Planning Board to consider on how to address this issue.

Discussion on Chapter 19, Article X., Dunes and Vegetation Protection, of the Town Code. Mr. Reed presented the following information to the Board. The Board of Commissioners approved the amendments to Chapter 19 recommended to them by the Planning Board at the Commissioner’s meeting held on March 9, 2004. The changes the Planning Board recommended addressed concerns raised by the Board of Commissioners in December 2003 and including additional changes suggested by the Planning Board. The Board of Commissioners at their meeting held in March, expressed a desire that the Panning Board take a harder look at the Dunes and Vegetation Protection Ordinance. This matter has been brought back before the Planning Board at this time in order to initiate those additional discussions. There was a considerable amount of discussion among the Board members and some members of the audience on the punitive aspects of the current Ordinance. Following discussion of this item, Chairman Saunders appointed a committee consisting of Jerry Huml, Bob Smith and she to work with Kevin Reed in order to develop possible amendments to the Ordinance for consideration by the Board.

Discussion on the implementation of the 2004 Land Use Plan. Mr. Reed indicated that the Board of Commissioners approved the 2004 Land Use Plan at its March 9, 2004 meeting. The Plan has now been submitted to the NC Division of Coastal Management for staff level review. Once that review has been completed, the Board of Commissioners will hold a public hearing and adopt a final version of the Plan (anticipated date is May 11, 2004). The Plan will then be submitted to the Coastal Resources Commission for approval. The Board was presented with a list of implementation items and planning related issues and concerns that need to be addressed in the near future. Mr. Reed indicated he wanted to work with the Board to develop prioritized list and implementation timeframe. Following discussion of the item, Chairman Saunders appointed a committee of Jerry Huml and herself to work with Kevin Reed on developing a prioritized list to be considered by the Planning Board.

Comments: There were no comments from those in attendance.

Comments by Members: Bob Smith asked that we all remember Jim Taylor and his family in our prayers. Kevin Reed indicated to the Board that Carol Angus had 99 work days left until her retirement.

A motion to adjourn was made by Frank Vance. The motion was seconded by Jerry Huml and passed unanimously (6 to 0). The Board adjourned at 7:21 PM.

Respectfully submitted by

Carol Angus,

Secretary, Planning Board