March 5, 2004 Minutes
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MINUTES OF THE SPECIAL MEETING OF THE EMERALD ISLE BOARD OF COMMISSIONERS FRIDAY, MARCH 5, 2004 - 2:00 PM – TOWN HALL
Present for the meeting: Mayor Art Schools, Commissioners Nita Hedreen, Robert Isenhour, Pat McElraft, Floyd Messer, and John Wootten. Others present: Town Manager Frank Rush, Town Attorney Richard Stanley, and Town Clerk Rhonda Ferebee. Also present: Planning Board Chairman Ceil Saunders, and Bill Farris, Planning Consultant. After roll call all who were present recited the Pledge of Allegiance. PRESENTATION – DRAFT CAMA LAND USE PLAN AND FUTURE LAND USE MAP (A copy of Opinion Ranking survey, maps, and related reports are attached as part of these minutes) Commissioner John Wootten provided for the Board an overhead presentation showing the correlation between the Land Use Plan Survey and how these points are addressed in the Land Use Plan. He noted that the Subcommittee consisting of himself, Commissioner Nita Hedreen, Planning Board Chairman Ceil Saunders, and Planning Board Member Eddie Barber had reviewed and edited parts of the Land Use Plan. Commissioner Wootten displayed the Survey Opinion Ranking, which show the strongest indicators both positive and negative from the Community. Commissioner Wootten said that in going through the Draft Land Use Plan, the subcommittee worked to retain with wording changes, flexibility for this Board and future Boards of Commissioners, in terms of being a final directive. Bill Farris, Planning Consultant, reviewed with the Board the process they had been through and the requirements in place for the CAMA Land Use Plan. Mr. Farris said that the first part of this plan was called Community Concerns and Aspirations. This was used to develop a Planning Vision for Emerald Isle. He noted that this was quite detailed, painting a picture of what Emerald Isle wants to be, and look like at some point in the future. He also explained the technical basis for developing policies which included sub-elements such as population (permanent and seasonal), trends, forecasts, areas of environmental concern, community facilities, water, roads, and drainage, access, and existing land use. Mr. Farris described the Plan for the Future which included three sub-elements; 1) Goals and objectives; 2) Policies (requirements in 6 areas to include: public access, land use compatibility, infrastructure carrying capacity, water quality, natural hazards, and areas of local concerns); 3) Future Land Use Map which must depict the categories – (the categories being residential/living areas, commercial areas, and conservation areas). Mr. Farris added that an Implementation Strategy is a final piece that will be included with this plan, basically a 6-year program for how the plan will be implemented. Mr. Farris displayed on-screen the Future Land Use Map and described the areas and answered questions concerning the map for the Board. Commissioner McElraft questioned an area on the map that is zoned B-3 but shown on the Map as living area with a portion in the AEC (Area of Environmental Concern). She mentioned they had been told by the Institute of Government and Mr. Farris that if they had anything in the Land Use Plan that had anything to do with CAMA regulations that the permits would probably not be issued for environmental areas if it was in contradiction to the Land Use Plan. Town Manager Frank Rush clarified that he and Mr. Farris had talked about this being shown as a Living area on an alternate map, however, the main map as recommended by the Subcommittee shows that area to be part of Village West. Mr. Rush said he had included a 4-page document with potential amendments for the Board to consider at this meeting as well as an Alternate-4 Future Land Use Map. One issue for discussion is the possibility of designating areas where they only want single family and duplex housing, and designating other areas where it is okay to have multi-family housing, confronting that issue head-on as part of this plan. He noted that the alternative language establishes a low-density area (single family and duplex) and mixed residential area (single family, duplex, condominium) all within the current restrictions in the ordinance. Commissioner McElraft said she was not in support of doing anything that would require the Town to downzone property that was undeveloped. Mr. Rush said the intention of the Alternative Map was not to do any forced downzoning, the idea was to make a policy statement that they would prefer this be residential but not undertake any activities to rezone at this time, but to get the notion out there that this is what the Town would like to see. Also included in the Alternate is stronger language concerning resort hotel complexes with the statement that the Town does not want a large scale complex but would like to see small and medium size hotels, whether new or redevelopment. Commissioner Messer said he didn’t want to get in a situation where they were trapped or forced to do something later because they adopted it at this point. Attorney Richard Stanley said that the map is dividing the future land use categories. CAMA will look at how it is colored. If the Town labeled an area yellow living area we are giving them a strong case that they’re not going to allow anything other than residential and they’ll turn it down because it’s not consistent. He added its one thing to say in your plan what is preferred, but they should not change the Land Use Plan and move it into another category. Town Manager Rush said the intention was to plant a seed in the property owners mind that this is what the Town would like to see, and the Board must be comfortable in making that statement. Commissioner McElraft said she didn’t have a problem making the statement in the Land Use Plan as long as its not binding, but once you put it on the map it’s binding according to the Institute of Government in the Areas of Environment Concern, because CAMA will not issue a CAMA permit if you are violating a CAMA Land Use Plan. Mr. Rush went on to explain the Alternative-4 Future Land Use map to the Board. He noted this map is a slight deviation from the map presented by Mr. Farris, really an attempt to address the multi-family issue. Commissioner Wootten said they may want to consider changing the wording to single/dual family as opposed to low density residential. The Board discussed the areas designated as Village-East, New Town Center and Village West. Mr. Rush said he envisioned if the Board adopted either version that over the next year or two that they would start working on a special zoning district to encompass these areas that would allow a range of uses, maybe a mixture of residential and commercial. He hoped to work on ordinances tailored to create the Town Center concept. It was the general consensus of the Board that they were comfortable with the Alternate 4 map with three changes: 1) leave the acreage across from Food Lion commercial; 2) leave Bridgeview Campground commercial; 3) the parcel directly behind Town Hall left as mixed residential. They felt any undeveloped areas should be left “as is”. The Board also wanted the alternate language of low density residential to be changed to single/dual family residential. Town Manager Frank Rush then drew the Board’s attention to the last four pages with the heading - Alternate Language – Living Areas, Hotels and Motels. Mr. Rush said Bill Farris, in the opening paragraph, had essentially added language that basically said the Town does not support large scale resort hotel complexes that have more than 100 rooms, however they do support and encourage development and redevelopment of smaller-scale hotels or motels provided the development is consistent with the Land Use Plan and the existing ordinances in place. Commissioner McElraft was concerned with the verbage limiting pools and restaurants. Commissioner Hedreen said she would like to see wording included opposing a convention center. The general consensus of the Board was to reword the language to read –“Such hotels are characterized by more than 100 rooms.” Also, adding the sentence that the Town was opposed to a convention center in Emerald Isle. There was general discussion concerning the Eastern Commercial Area. Commissioner McElraft asked if the current wording would prohibit the Town downzoning in that area. Mr. Farris said that this area was not in the AEC. Attorney Richard Stanley said that you are supposed to look at your Land Use Plan in your zoning actions. He noted that you can do this a lot more easily when you are not involved with CAMA. Mr. Stanley continued that he didn’t see a problem if the Town Board said that - they recognize over the years this has been a commercial area but they think it is time for a change. Commissioner Messer said that this type of property was an “endangered species” and there was a need for commercial property on the eastern end. Commissioner Hedreen brought up the need to add the alternative language in the policy section. (See Page 20 - Section 6.8). Mr. Farris suggested a 3rd sentence in Section 6.8 – “The Town opposes hotels or motels with more than 100 rooms.” The Board agreed with this wording. The audience was given the opportunity to ask questions and express concerns of the Board and the Consultants. The Board/Consultants would take their comments and concerns into consideration. Motion was made by Commissioner Wootten to adjourn the meeting. The meeting was adjourned at 3:30 pm. Respectfully submitted: Rhonda C. Ferebee Town Clerk |