May 24, 2004
Agenda
May 24, 2004
Minutes
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Action Agenda
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Unapproved Chairman Ceil Saunders called the meeting to order at 6:00 P.M. Members present were: Ceil Saunders, Frank Vance, Bob Smith, Robert Conrad, Jerry Huml, and Eddie Barber. Jim Craig was absent. Also attending were Planning Director Kevin Reed and Secretary Carol Angus. A motion was made by Eddie Barber to excuse Jim Craig from the meeting. The motion was seconded by Robert Conrad and passed unanimously (5 to 0). A motion was made by Frank Vance to approve the minutes of the April 26, 2004 Planning Board meeting. The motion was seconded by Bob Smith and passed unanimously (5 to 0). Kevin Reed advised the members of the Town Board of Commissioner’s agenda items. He advised that for the month of April the Planning and Inspections Department had issued a total of 9 permits for new homes and a total estimated value in excess of $2 million. This brings the fiscal year total to over $31,000,000 and the department has collected over $200,000 in fees. Consider a possible amendment to the Zoning Ordinance to allow for certain professional/technical services as a permitted use within the Table of Permitted Uses. Mr. Reed read the amendment that had been submitted for review as follows: “Agencies and offices rendering specialized services in the professions, finance, real estate and brokerage, including service agencies not involving on-premises retail trade or on-premises services with and to the general public, not wholesale trade on-premises, nor maintenance of a stock of goods for sale to the general public. Such uses shall be allowed to have ancillary assembly operations as a customary accessory use so long as the assembly operation does not occupy more than fifty (50) percent of the gross floor area of the business.” Mr. Reed went on to state that the figure of 50% was not what not etched in stone but he had proposed this figure for discussion purposes. The Board, as a whole, was satisfied with this percentage to be used for an assembly operation. A motion was made by Frank Vance to recommend to the Board of Commissioners that the Section 19-82, Table of Permitted and Special Uses be amended as presented. The motion was seconded by Robert Conrad and passed unanimously (5 to 0). Consider a request by Bell Cove LLC for preliminary and final plat approval for the proposed Bell Cove Village housing project. Mr. Reed advised the members that the designer of this project had asked that the Planning Board delay consideration of this request until its June meeting. A motion was made by Eddie Barber to table this item. The motion was seconded by Frank Vance and passed unanimously (5 to 0). Consider a request by Eagles of Emerald Isle for commercial review for the repainting of its store at 8308 Emerald Drive. Mr. Reed advised the members that this building had been repainted since the adoption of the Section 19-73 of the Town Code which required commercial structures to adhere to the Town’s adopted color charts. The owner of the business was not aware of this requirement and had the building painted without prior approval. The entire building was painted prior to the determination by the Town Attorney that it did fall under the guidelines that require adherence to the color charts. Members felt that the colors used were not too far from one of the colors on the charts that are permitted. Chairman Saunders felt that the new color would fade quickly and be less bright in a short time. It was suggested that the owners of all businesses be advised that there are color charts that must be followed and not to limit the requirement to only those buildings erected after the adoption of the ordinance. They felt it should apply to all buildings and advise the owners of this requirement so that when they want to repaint they are aware of the limitations. A motion was made by Eddie Barber to recommend to the Board of Commissioners that the new colors be approved pursuant to Section 19-73. The motion was seconded by Jerry Huml and passed unanimously (5 to 0). A motion was then made by Bob Smith and seconded by Jerry Huml to revisit the ordinance (Section 19-73) to make the color approval apply to all businesses regardless of when the building was built. The motion passed unanimously (5 to 0). Discussion on possible amendments to the Zoning Ordinance to allow swimming pools within the Ocean Erodible Area Setback Areas as defined by North Carolina Division of Coastal Management. The member discussed this topic and agreed that they would like to see the town concur with the Coastal Area Management Agency (CAMA) regulations to allow pools to be permitted within this setback; however, they are to be limited to fiberglass pools only to defer damage and cleanup in the event of disaster. Mr. Conrad referred to the amendment as submitted by Mr. Reed and asked that there be a change in each instance replace the word “concrete” with the term “masonry” to be definitive of the type of materials which will not be permitted. Mr. Frank Vance state that he is opposed to pools in the Ocean Erodible Setback Area and cannot vote for such a use. Ms. Paxon Holz was in attendance and asked to be heard as a property owner of an ocean front lot. She said she agreed with the members that this use should be permitted. She had intentions of installing a pool at her oceanfront property for her handicapped son as soon as it might be permitted. She would prefer a concrete pool; however, would settle for fiberglass. A motion was made by Jerry Huml to recommend to the Board of Commisioners that the amendments to the Town Code be approved. The motion was seconded by Robert Conrad and passed (4 to 1). COMMENTS: Mr. Reed introduced Kim Haut, who will be assuming the position of Permit Technician/Administrative Assistant upon the retirement of Carol Angus. Eddie Barber thanked the Board members for the lovely flowers sent upon the death of his mother. The members thanked Ms. Angus for her service to the Planning Board over the past years. Mr. Barber asked Mr. Reed about enforcement of signs and banners throughout the commercial district. Mr. Reed that “OPEN” and “WELCOME” flags are permitted, no logos or advertising on flags is permitted. The Town’s police department is assisting with enforcement of sign regulations during the weekend. Mr. Huml is concerned about the direction to be taken by the Planning Board in regard to the newly adopted Land Use Plan. Chairman Saunders advised that the Planning Board takes its direction from the Town Board. There was discussion as to what may be discussed or recommended by the Planning Board prior to be asked by the Town Board. There being no further business before the Board, a motion was made by Eddie Barber to adjourn. The motion was seconded by Frank Vance and passed unanimously (5 to 0). Meeting was adjourned at 6:58 PM.
Respectfully submitted by:
Carol Angus, Secretary
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