MINUTES OF THE REGULARLY SCHEDULED MEETING OF THE EMERALD ISLEI PLANNING BOARD MONDAY, July 22, 2024. -6 6:05 P.M. TOWN BOARD MEETING ROOM  1.Callt to Order  The regular meeting of the Emerald Isle Planning Board was called to order by Chairman Sullivan at  approximately 6:05 PMi in the Town Board Meeting Room.  2.Roll Call  Present for the meeting: Chairman Kenny Sullivan, Vice Chairman Chad MacAvery, Susan Monette, Athan Parker, and Ty Cannon. Members absent were Andrea Beasley, and Jim Dubovec. A quorum  was present.  A motion was made by Athan Parker to excuse members Andrea Beasley and Jim Dubovec from the meeting. Ty Cannon seconded the motion. The Board voted  unanimously ini favor of the motion. The motion carried. 3. Election of the Planning Board Chairman and Vice Chairman The Board discussed nominees for both positions.  A motion was made by Athan Parker to nominate Kenny Sullivan as Planning Board Chairman. Susan Monette seconded the motion. The Board voted unanimously in favor A motion was made by Ty Cannon to nominate Chad MacAvery as Planning Board Vice- Chairman. Susan Monette seconded the motion. The Board voted unanimously in favor  of the motion. The motion carried.  of the motion. The motion carried. 4. Approval of the June 24, 2024 Meeting Minutes minutes from the June 24, 2024, meeting.  There were no concerns expressed by members of the Planning Board regarding the draft meeting  A motion was made by Chad MacAvery to approve the June 24, 2024 Planning Board meeting minutes as written. Susan Monette seconded the motion. The Board voted  unanimously in favor of the motion. The motion carried.  5.F 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  Page 1of3    near a physical structure selling similar products. Staff has provided recommended changes to Section 10-43/(2)b)ii) of the Emerald Isle Code of Ordinances on this Planning Director Seaberg provided the Board with aj presentation (attached to these minutes for record) of the proposed changes to Section 10-43(2)b)(i)(4) of the Emerald Isle Code of Ordinances. He stated thatt the 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 Isle Code of Ordinances states "lt is the intent of these regulations to promote a fair and competitive business environment in the town. Because of its reliance on tourism, iti isi important for the 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 byi increasing numbers of visitors inc 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 thej proposed amendment to Section 10-4312)b)()(4). of the Emerald Isle Code of Ordinances is the addition of subsection 4 and have its state" 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 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 Mr. Seaberg stated that during the June 24, 2024, review of these proposed changes, members of the Board expressed concerns that a 500-foot setback from competing permanent businesses may be too excessive. They requested that staff provide similar Mr. Seaberg provided in his presentation digital maps showing the extent of 500 feet, 250 feet, and 100 feet from various restaurants near the approved satellite merchant sites. AI motion was made by Athan Parker to recommend to the Board of Commissioners approve the staff recommended code change with a 250 -foot setback versus the original 500-foot setback. Ty Cannon seconded the motion. The Board voted 4-0 in favor of the motion with member Susan Monette abstaining from the vote. The I motion  request.  edge of the building to the proposed location of the Satellite Merchant."  visuals showing a 250-foot setback from the same areas.  carried.  5.F Report from Planning Director  MINUTES OF THE JULY22, 2024, REGULAR MEETING OF THE EMERALD ISLE PLANNING BOARD  Page 2of3    Planning Director Seaberg provide the Board members with the. June 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  A motion was made by Athan Parker to adjourn the meeting with a second by Ty Cannon. The Board voted unanimouslyini favor of the motion. The motion carried. The meeting concluded at  R  Planning Director  Chairman  L7  MINUTES OF THE JULY22, 2024, REGULAR MEETING OF THE EMERALD ISLE PLANNING BOARD  Page 3of3