MINUTES OF THE REGULARLY SCHEDULED MEETING OF THE EMERALD ISLEI PLANNING BOARD MONDAY, JUNE: 24, 2024-6 6:00 P.M. TOWN BOARD MEETING ROOM  1.Call to Order  The regular meeting of the Emerald Isle Planning Board was called to order by Chairman Sullivan at  approximately 6:10 PMi in the Town Board Meeting Room.  2. Roll Call  Present for the meeting: Chairman Kenny Sullivan, Vice Chairman Chad MacAvery, Susan Monette, Andrea Beasley, and Jim Dubovec. Members absent were Athan Parker, Ty Cannon. A quorum was  present.  AI motion was made by Chad MacAvery to excuse members Athan Parker and' Ty Cannon from the meeting. Susan Monette seconded the motion. The Board voted unanimously  ini favor. The motion carried. 3.A Approval oft the May 20, 2024 Meeting Minutes minutes from the May 20, 2024 meeting.  There were no concerns expressed by members of the Planning Board regarding the draft meeting  A motion was made by Andrea Beasley to approve the May 20, 2024 Planning Board meeting minutes as presented. Susan Monette seconded the motion. The Board voted  unanimously ini favor. The motion carried.  4. Review of Request  a. Emerald Isle Code of Ordinances Amendment Discussion: At their May 14, 2024, regular meeting, the Emerald Isle Board of Commissioners instructed the Planning Board to review the Town's satellite merchant regulations with regards to locations near a physical structure selling similar products. Staff has provided recommended changes to Section 10-43(2)b)li) of the Emerald Isle Code of Ordinances on this Planning Director Seaberg provided thel Board witha ap presentation (attached tot these minutes forr record) oft the proposed changes to Section 10-43(2/b)()4) oft thel Emerald Isel Code of Ordinances. Hes stated that thel Emerald Isle Board of Commissioners, at their May 14, 2024, Regular Meeting, unanimously approved a motion instructing the Planning Board to review and recommend adjustments to the Satellite Merchant regulations to ensure that there is no competition with businesses within a permanent physical location. Mr. Seaberg stated that Section 10-40 of the Emerald Isel Code of Ordinances states "lt is the intent of these regulations to promote ai fair and competitive business environment in the town. Because of  request.  Page 1of3        itsr reliance on tourism, iti is important for thet town to preserve its small-town atmosphere and encourage adequate provision of goods and services. Itis important to protect business interests who have invested in the community with fixed establishments, employment opportunities, and tax contributions. It is also the intent of these regulations to offer opportunities for convenient access to goods and services by increasing numbers of visitors in commercial and mixed-use zoning districts, as well as locations with a highly transient visitor base, including ocean fishing piers, hotels/motels, campgrounds, condominium complexes, recreational vehicle parks, and public beach access facilities" Mr. Seaberg stated that the proposed amendment to Section 10-43(2)()()(4) of the Emerald Isel Code of Ordinances is the addition of subsection 4 and havei its state" No closer than 5001 feeti from any physical building providing a similar service. For the purpose of this section oft the code, the term "similar service" shall include providing desserts within 500 feet of a physical structure that provides ANY item considered a dessert or a food truck within a500 feet of a physical structure providing similar food. The 500 feet will be measured from the edge of the building Mr. Seaberg also provided in his presentation digital maps showing the extent of 500 feet from various restaurants near the approved satellite merchant sites. He also pointed out that Board instructions from thel May 20, 2024, meeting was to reach out to the Towno of Oak Island on how they came up with the 500-foot setback number and how successful it was. Mr. Seaberg pointed out that the response email is in the presentation and states that peddlers and itinerant merchants are required a 500-foot setback from completive static businesses. Andreal Beasley made ar motioni to recommend approval oft the code changes thats staff drafted and presented along with the accompanied consistency statement. Chad MacAvery stated that had questions on the draft code changes before considering ar motion. Chad MacAvery asked Mr. Seaberg where the 500-foot setback came from. He stated that he is concerned that it might be too excessive. Mr. Seaberg reminded the Board that enacting these regulations was a long and arduous process that included many meetings with interested parties. He reminded that Board that the introduction portion oft this section of code ensures that importance oft the "Brick and Mortar" businesses to the Town. Town Commissioner Roy Brownlow stated that the 500-foot recommendation came from Town Commissioner Josh Sawyer. Mr. Brownlow stated that he was not sure the resources used to make that Andrea Beasley stated that her concern is the negative potential these codes may have on the existing Brick and Mortar" businesses. She stated that they are in Emerald Isle all year and food trucks tend to only park on the island during the summer months. She stated that oncet they are gone, theya are gone. We dor notr needi tol losei thesel businesses. Susan Monette stated that she thinks the 500-foot setback is excessive. Chad MacAvery stated the same. Mr. Seaberg stated that the Board currently has a motion on the floor recommending the approval of the code changes and supporting documentation from staff. The Board could also request staff to look at alternative setback distances and present that information at another meeting. Jim Dubovec asked how many Satellite Merchant permits the Town has  tot the proposed location oft the Satellite Merchant."  Food trucks are only restricted to a 50-foot setback form similar.  recommendation.  MINUTES OF THE JUNE 24, 2024, REGULAR MEETING OF THE EMERALD ISLE PLANNING BOARD  Page 2of3        issued. Mr. Seaberg respondedi thatt there arer not many, but he didn'thave the exact number. Mr. Brownlow asked if Satellite Merchants are allowed to sell on the corner of Coast Guard Road and Emerald Drive. Mr. Seaberg stated that the Holiday Travel Park staff shifted that site for the summer months due to safety concerns. Chad MacAvery asked Mr. Seaberg if Oak Island was the only community regulations reviewed for this change. Mr. Seaberg confirmed they were the only one. Jim Dubovec stated that he feels that 500-feet is A motion was made by Andrea Beasley to recommend the approval of staff drafted code changes along with the supporting documentation as presented. No Board memberseconded the motion. The motion dies due to the lack ofasecond. A motion was made by. Jim Dubovec to table a decision on this matter until the July 2024 meeting. His motion also included a request that staff to provide information from similar beach communities and maps showing a 250-foot setback similar to the presentation received at this meeting. Chad MacAvery seconded the motion. The Board voted 4-1 in favor of the motion. Members voting in favor of the motion were Sullivan, MacAvery, Monette, and Dubovec. Board member Beasley voted against the  excessive.  motion. The motion carried.  5.F Report from Planning Director  Planning Director Seaberg provide the Board members with the May 2024 Planning Department Activity Report (attached to these minutes) and the July dates for the forthcoming Board of Commissioners and  Planning Board meetings. 6.B Board Comments  There were no comments by Planning Board members.  7.Adjourn  An motion was made by. Jim Dubovec to adjourn the meeting with a second by Andrea Beasley. The Board voted unanimously in favor. The motion carried. The meeting concluded at  approximately 6:41 PM./ Planning Director 27  REk.  Chairman  MINUTES OF THE. JUNE 24, 2024, REGULAR MEETING OF THE EMERALD ISLE PLANNING BOARD  Page 3of3        SATELLITE MERCHANT REGULATIONS        BOARD OF COMMISSIONERS INSTRUCTION  During their May 14, 2024, Regular Meeting, the Emerald Isle Board of Commissioners unanimously approved a motion instructing the Planning Board to review and recommend adjustments to the Satellite Merchant regulations to ensure that there is no completion with  businesses within a permanent physical location.        ARTICLE III OF THE EMERALD ISLE CODE OF  ORDINANCES  Section 10-40 lists the intent of this regulation as follows:  Itis the intent of these regulations to promote at fair and competitive business environment in the town. Because of its reliance on tourism, iti is important for the town to preserve its small-town Itisi important to protect business interests who have invested in the community with fixed establishments, employment opportunities, and tax contributions. Iti is also the intent oft these regulations to offer opportunities for convenient access to goods and services by increasing numbers of visitors in commercial and mixed-use zoning districts, as well as locations with a highly transient visitor base, including ocean fishing piers, hotels/motels, campgrounds, condominium  atmosphere and encourage adequate provision of goods and services.  complexes, recreational vehicle parks, and public beach access facilities.        STAFF RECOMMENDED CHANGES  Section 10-43(2)b)(,4) of the Emerald Isle Code of Ordinances is proposed to read as  follows:  is Satellite merchants shall only operate within thet following areas:  4. No closer than 500 feet from any physical building providing a similar service. For the purpose of this section of the code, the term "similar service" shall include providing dessert within 500 feet of a physical structure that provides ANY item considered a desert or a food truck within 500 feet of a physical structure providing similar food. The 500 feet will be measured from the edge of the building to the proposed location oft the Satellite Merchant.        Map of Areas for Satellite Merchant Operation  LEGEND Point Emerald Villas Pebble Beach Resort Holiday" Trav-LF Park Queens Court The Islander Suites Boardwalk RVI Park  Sound oft the Sea Camp Ocean Forest Bogue Inlet Pier Beachfront East & West RVI Park Pier Point/Pointe West Ocean Reef Islander Drive Properties  MAPE BY: TOWNO OFE EMERALDI ISLEF PLANNINGI DEPARTMENT        500 FEET FROM GAFFERS, LAZARRA'S, VILLAGE ICE CREAM AND CANDIES  Terrain Photography Measure Segment 502.57 Totailength 502.572 Dismiss        500 FEET FROM CARIBSEA  RoadMap Terrain Photography Measure Segment 501.91 Totall Length 501.915 Clear Dismiss  (1A)  Miles  187A  (GZAD        500 FEET FROM KOSTAS PIZZA (NORTHEAST)  p  Segme Totaller        500 FEET FROM KOSTAS PIZZA (SOUTH)  Measure Segment 500.73 TotatLength Dismiss        500 FEET FROM KOSTAS PIZZA (EAST)  Measure Segment 502.85 Totall Length 502.848 Clear Dismiss  Miles        500 FEET FROM SOL BOWLS  Measure Segment 500.07 TotalLength 500.0 Dismiss        500 FEET FROM SURF'S UP  Segment 505.05 TotalLength 505.053 Dismiss        PLANNING BOARD ACTION  Recommend approval of the proposed amendment as written along with approving the Modify and recommend the approval of the updated amendment along with approving the Continue (Table) decision to future meeting and request more miormaton.consultation (next  Consistency Statement as submitted modified Consistency Statement scheduled meeting is July 22, 2024)  Recommend the denial of the requested amendment