MINUTES OF THE REGULARLY SCHEDULED MEETING OF THE EMERALDI ISLE PLANNING BOARD MONDAY, APRIL 22, 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 6:00 PM int the Town Board Meeting Room. Sullivan introduced Planning Director Chris  Seaberg. 2.Roll Call  Present for the meeting: Chairman Kenny Sullivan, Vice Chairman Chad MacAvery, Susan Monette, Andrea Beasley, Athan Parker, and Ty Cannon. Members absent were Jim Dubovec, A quorum was  present.  A motion was made by Athan Parker to excuse member Jim Dubovec from the meeting. Ty Cannon seconded the motion. The Board voted unanimously in favor. The motion  carried.  3. Approval of the March 25, 2024 Meeting Minutes minutes from the March 25, 2024 meeting.  There was no concerns expressed by members of the Planning Board regarding the draft meeting  A motion was made by Andrea Beasley to approve the March 25, 2024 Planning Board meeting minutes as presented. Chad MacAvery seconded the motion. The Board voted  unanimously in favor. The motion carried.  4.R Review of Request  a. Stormwater Review Committee - Planning Board Appointment  Planning Director Seaberg explained to the Planning Board that the Emerald Isle Board of Commissioners, on ar recommendation by the Planning Board att the March 25, 2024, meeting, created a Stormwater Review Committee. The Committee shall be composed of five (5)  individuals.  1. One representative from the Board of Commissioners 2. One representative from the Planning Board 3. One citizen from the eastern portion of Town 4. One citizen from the central portion of Town 5. One citizen from the western portion of Town.  The committee shall have 121 months to review the existing code andi recommend tot thel Planning Board necessary changes. As part oft the review, the Board of Commissioners have includedi in  Page 10 of4    their instructions that the committee also review the draft documents on an Innovative Stormwater Ordinance provided by Commissioner Brownlow via email on March 24, 2024. Board member Susan Monette asked Mr. Seaberg why there was not a specific representative from the building community. Mr. Seaberg stated that the Board of Commissioners did not specifically approve that in its creation. He further explained that there are three seats for representatives living in Town, which could be a contractor or George Moore of 5804 Emerald Drive raised a concern on having a contractor on the committee. Hes stated that het feels that a contractor on this committee would be a conflict of interest. Board member Athan Parker can give the insight from an individual or firm that implements these regulations. Mr. Parker further stated that he does not believe that any contractor would like the Town to do away with stormwater regulations because everyone is seeing the need fort them. Mr. Moore stated that his concerns are from the fact the Board of Commissioners meeting in which the stormwater code was reverted to its previous version. He stated that they seemed to present more of ap profit motive versus compliance motive. Mr. Moore explained to the Board that their job was to protect the citizens. He further stated that their input is necessary, but he feels that they should not be in a position to decide on the Roy Brownlow stated that there are good doctors and bad doctors. The same goes for contractors. He further stated that their input is necessary for these potential regulations. Amotion was made by Susan Monette to recommend the Board Member Athan Parker to be their representative on the committee. Ty Cannon seconded the motion. The  someone else from the building community.  code.  Board voted unanimously ini favor. The motion carried. b. UDO Amendment Discussion - Section 6.8 Sidewalk Dining  Discussion of adding an additional section to Chapter 6 of the Emerald Isle Unified Development Ordinance to establish code pertaining to Sidewalk Dining as permitted by the North Carolina Department of Transportation through, but not limited to, NC General Statutes Section 136-18(9) and 136-27.4. Section 10.2 of the Emerald Isle Unified Development Code must also be amended to add relevant definition for this Planning Director Seaberg provided thel Board with a presentation (attachedi tot these minutes) of the proposed regulations specific for the regulating and permitting sidewalk dining as spelled outi in the agreement between the Town and NCI Department of Transportation. Mr. Seaberg went through the presentation, specifically on the proposed regulations and permitting. He did state that when investigating how to write this proposed code, it was understood that the City of Greenville has adopted similar code. Their code was used as a reference ont this development. Mr. Seaberg further stated that, ifapproved, these regulations will be part of Appendix A oft the Emerald Isle Code of Ordinances, also known as the Unified Development Ordinance, with additions to Chapter 2, 6, and 10 of that document. Chapter 2  process.  MINUTES OF THE APRIL22, 2024 REGULAR MEETING OF THE EMERALD ISLEI PLANNING BOARD  Page 2of4    presents the parameters of permitting. For the purpose of these proposed regulations, it guides the reader tot thei information int the proposed Section 6.8 under Chapter 6 oft the code. Additions to Chapter 10 oft the code is the additional definitions the use. Mr. Seaberg walked the Board through the proposed code on submission standards, project conditions, responsibilities of the permit holder, required documentation, and otheri items that Mr. Seaberg also read to the Planning Board an email from Carteret County Environmental Health division of the Health Department on their review of the proposed Code. He stated  would be needed to issue ap permit for this use.  summarized the email's content as follows:  Their only concern is with SEC. 6.8.2 (B) (this includes certification from Carteret County Environmental Health that the septic system for the site will be able tol handle the additional seats.) Environmental Health limits septic system site visits and permitting to those required by state laws and rules. They wouldi not make as site visit fort this purpose and issue any other documentation other than what already exists. They suggested having the restaurant operator just submit a copy of their septic permit to the town, which would include the total number of seats allowed. During Environmental Health's routine restaurant inspections the Food & Lodging inspector will count thet total number ofs seats and document any overage at thatt time. Board member Athan Parker asked Mr. Seaberg who is currently enforcing the number of seatsi fort the existing restaurants. Mr. Seaberg responded the Carteret County Environmental Health division oft thel Health Department. He asked Mr. Seaberg who would enforce the code when tables magically appear but are removed prior tol Health Department inspections. Mr. Seaberg stated that the Planning Department is tasked with that responsibility. Mr. Parker stated that there should be required additional parking for additional seating also. Chairman Sullivan stated that he also would like to see parking, toi include additional parking accompanying the additional seating, should be considered as part oft the review of this use. Roy Brownlow: stated that hei is concerned that this proposed code does not include at fence between the establishment and the road. He has seen on a couple of occasions at the Fish Hut Grill a child running toward Hwy 58. He: also expressed concerns onp permitting umbrellas. He stated thatt this Town experiences high wind events, and he would hate to see the Town permit an umbrella thati is blown into the street and potentially hitting a car. Board member Ty Cannon stated that the Town should look at the 1:00 AM removal portion oft the proposed code. He understood that Greenville's code was used as reference, but he A motion was made by Athan Parker to table this proposed regulation consideration for further discussion at the May 20, 2024 meeting of the Planning Board. He further stated that he would like the Planning Staff to adjust the proposed regulations based  feels that the 1AM could easily be 9or 10 pm.  MINUTES OF THE APRIL 22, 20241 REGULAR MEETING OF THE EMERALD ISLEI PLANNING BOARD  Page 3of4    on conversations Board members had at this meeting. Chad MacAvery seconded the motion. The Board voted unanimously in favor. The motion carried.  5.F Report from Planning Director  Planning Director Seaberg provide the Board members with the March 2024 Planning Department Activity Report (attached to these minutes) and the May dates for the forthcoming Board of  Commissioners and Planning Board meetings.  6. Board Comments  There was no comments by Planning Board members.  7.Adjourn  A motion was made by Ty Cannon to adjourn the meeting with a second by Athan Parker. The Board voted unanimouslyipfavor. The motion carried. The meeting concluded ata approximately  7:15PM.  Planning Director  28  Chairman  2ACL  MINUTES OF THE APRIL 22, 2024 REGULAR MEETING OF THE EMERALD ISLE PLANNING BOARD  Page 4of4