TOWN OF DUCK
PLANNING BOARD
REGULAR MEETING
April 12, 2006
The Planning Board for the Town of Duck convened at the Duck Municipal Offices at 6:30 p.m. on Wednesday, April 12, 2006.
Present were Chairman Ron Forlano, Vice-Chairman Jon Britt, Members Marilyn March and John Jenkins.
Also present were Council Liaison Denver Lindley, Jr., Planning Director/Zoning Administrator Suzanne Cotellessa and Administrative Assistant Sandy Cady.
Member Darnall was not present for the meeting.
Others Present: Willo Kelly, government liaison for the Outer Banks Home Builders Association and Association of Realtors and members of the Outer Banks Wedding Association and others.
Chairman Forlano called to order the Regular Meeting of the Planning Board for March 8, 2006 at 6:35 p.m.
PUBLIC COMMENTS
None.
OLD BUSINESS
A. Discussion of Town Council-referred Zoning Text Amendment regarding Event Houses (ref. by TC 3/1/06)
Chairman Forlano stated that since he has an interest in the event houses, he must recuse himself from the Board and turn the meeting over to Vice Chair Britt.
Planning Director Suzanne Cotellessa was recognized to speak. Planning Director Cotellessa stated that Council referred the Zoning Text Amendment regarding the effects and impacts of event homes. She stated that some of the issues discussed were noise, parking, traffic issues, septic, public health issues, frequency of events, quasi-commercial nature of the homes, trash overflow, number of people on the decks from a safety aspect, covenants, and whether or not the Board should consider a permitting or formal procedure to address houses that have recurring events in them on a regular basis.
Planning Director Cotellessa stated that she had met a few weeks ago with the members of the Outer Banks Wedding Association and the Association of Realtors regarding event homes to share their concerns. She stated that she had a long discussion with the Dare County Health Department regarding septic issues. She stated that the Health Department believed that this type of use is not as significant as a weekly use of twelve (12) people in a home. She stated that the twelve (12) people staying in the home take showers, use the washer and run the dishwasher, which are of a greater impact on a septic system than the flush of a toilet. She stated that the Wedding Association wished to have a discussion with the Planning Board at this time.
Member John Jenkins stated that it seemed like the Health Department have separated vacation rental homes from event houses. He stated that in his mind he felt they were one and the same. Planning Director Cotellessa stated that the Health Department did not separate the homes; she was simply discussing the impacts of a rental home versus an event home.
Nanette Jernigan of The Proper Settings was recognized to speak. Ms. Jernigan stated that the Wedding Association became interested in the number of weddings being held in homes. She stated that there are not enough facilities for the amount of weddings in the area. She stated that it needs to be defined what an event is. She stated that, according rental companies, an event is anything that exceeds the occupancy of a home. She stated that seventy-five percent (75%) of the weddings that are performed do not exceed the occupancy of a home. She stated that the Wedding Association wanted to know what the Town thought would be an event that is over the occupancy. She wanted to know what that number would be so that if any permitting is established, the Association and others would know what the number would be. Ms. Jernigan stated that the Wedding Association would like to establish a liaison for Duck that could be put on their website that would have rules, regulations, permits, etc. that would concern the Town so that everyone is on the same page.
A member of the audience stated that the Wedding Association felt that no one was educated or on the same page. She stated that by having a link to their website on the Town’s website, it would let brides know what they need to expect and what questions to ask.
Nanette Jernigan felt that brides do not know what the rules are. She stated that if they can help them with what can and cannot be done, it would help. She stated that she would like to work out a trade off for parking in the evenings or having a shuttle service. She stated that the Association wants to respect the neighbors surrounding the event houses, especially with respect to noise. She stated that anything that the Association can do to help the Town would be appreciated.
Vice Chair Britt felt that this is something that needs to be worked out. He asked what other jurisdictions are working on this issue. Planning Director Cotellessa stated that she had heard that the Towns of Nags Head and Manteo have talked about it. Ms. Jernigan stated that the Association hoped to go to the Town of Nags Head next.
Planning Director Cotellessa felt that better and stronger information is needed from the rental companies. She stated that they will often charge a premium if someone is holding a wedding at a home. She asked what the guests are getting in return for that premium being charged. She stated that accountability is important.
Planning Director Cotellessa stated that she will be looking to work with the realtors and the Wedding Association to bring back to the Board some parameters that may be recommended. She stated that she has not felt a sense of resistance and that everyone would like to be on board. She stated that she will work with the realtors and Wedding Association to get a fact sheet out and maybe work up some parameters for permit forms to see what they would do. She felt it should be an administrative permit and that the Town would not want them to come before a board for a permit. She thought it could be an administrative permit where the police would be informed of the event and all the facts for it.
Member Jenkins asked if the permit cost should encompass the administrative cost of the Town as well as police patrols to control traffic. Planning Director Cotellessa stated that one way or another, the police will have to control traffic. A plan would have to be provided that may involve off-duty police. She thought that the permit fee itself would be fairly minimal. Member Jenkins asked if tent fees should apply. Planning Director Cotellessa stated that for commercial sites, North Carolina Building Code requires a tent permit if an event is above a certain size. It does not have similar regulations for residential properties.
Willo Kelly of the Outer Banks Home Builders Association and Association of Realtors was recognized to speak. Ms. Kelly stated that when she attended the March 28, 2006 meeting, one of her questions was what the actual definition of an event house was. She asked if there was a definition on the books. Planning Director Cotellessa stated that the Board was trying to get at the definition. Ms. Kelly pointed out that parking, noise and septic is already regulated in Town. She stated that she was concerned that once one (1) layer of regulations is started, more layers would be added. She stated that everyone wants to be educated and informed. She stated that there are some realty companies that have been proactive, but some homes are not listed with the realtors as an event house. She suggested coming up with a checklist of questions that people could ask. She suggested having links on the Chamber of Commerce website to the Outer Banks Wedding Association. She stated that the important issue is education.
Vice Chair Britt agreed that educating the realty companies would be very important but that the Board needs to define what an event house is first.
Planning Director Cotellessa stated that the “big gorilla” on the table was what is commercial and what is residential. She stated that the homes are rented by the week and not by the hour or day. She stated that they are not commercial buildings for the use of a wedding.
Linda Flannery of Twiddy and Company was recognized to speak. Ms. Flannery stated that she has done weddings for a company for a few years now. She stated that Twiddy charges an extra fee to homes holding weddings that goes towards having the septic system pumped and the extra trash removed. She stated that they have narrowed their homes down from two hundred (200) to twenty-five (25) homes that are considered event homes. She stated they take a proactive approach and their website has links to the Town’s ordinances as well as one to the Outer Banks Wedding Association.
Member Jenkins stated that Twiddy takes an interesting approach. He thought that Twiddy has set a standard for everyone.
Nanette Jernigan asked if Twiddy has anything regarding a contact person or accountability for the event or did it fall back to the person that rented the house. Ms. Flannery stated that she calls the bride before she comes to Town as well as the day they check in, discusses parking and recommends a shuttle the bride can use. She stated that tents are only at two (2) houses. She stated that she does not know what the other rental company’s procedures are. She stated that the homes are limited to one hundred (100) people with the homes that are usually eight or nine (8 or 9) bedrooms. She stated they use a tiered approach to which houses can be used for a specific number of people.
Planning Director Cotellessa asked what would happen on the day of an event if there is a noise or parking issue. Ms. Flannery stated that she has never been called on any issues. She stated that she has tried to be very proactive and has told the brides that the event should be over by 10:00 p.m. She thought that educating people is important.
Vice Chair Britt felt that Ms. Flannery was doing things the right way. Ms. Flannery stated that Twiddy is also a member of the Outer Banks Wedding Association.
Member Jenkins asked how many subdivisions were in Duck. Planning Director Cotellessa stated that there are over fifty (50) subdivisions. Member Jenkins stated that most of them have covenants. He stated that most of the covenants are a moot point and cannot be enforced. Planning Director Cotellessa stated that covenants are a matter of private organizations. Member Jenkins stated that most covenants are so old that they are no longer legally valid. He stated that when that happens, the Town ordinances prevail. He asked if the ordinances would prevail in most cases. Planning Director Cotellessa stated that the ordinances prevail in all cases, however in communities with covenants that are binding; a homeowner would be bound by the rule that is more strict.
Member March asked if it would be a mandatory requirement for brides to contact the Wedding Association before a wedding is held in a home. Planning Director Cotellessa thought the idea was to provide information to people by putting it on the websites. She didn’t think it would be a requirement. Member March asked if there was a wedding with people not getting a permit, would they be in violation. Planning Director Cotellessa stated that if the Town makes a requirement for a permit for fifty (50) people or more, it would be a violation if they did not get a permit.
Member March asked if the Wedding Association charges a fee for their services. A member of the Wedding Association stated that the role of the Association is to serve as an advertising vehicle for businesses related to the wedding industry. She stated that its purpose is to bring wedding business to the Outer Banks and for brides and grooms to visit their website to find what they will need. She stated that the Association does not charge for their services and is only used as a resource.
Willo Kelly stressed holding off on having any permits for weddings for some time. She thought that everyone should be informed and educated first. She stated that she didn’t want to make things difficult for a bride and groom but that the Town wants to help and to inform and to make sure they have the best event possible.
Vice Chair Britt didn’t think the Town wanted to get into a situation where it would be fining people. Nanette Jernigan agreed. She stated that education is the key. She stated that there already is a fine line between commercial and non commercial. She felt that by establishing a permit, the Town is saying that the use is commercial. Planning Director Cotellessa disagreed. She stated that there are home occupations that are appropriate in a residential setting. She stated that the whole permitting use is to look at the parameters and make sure it’s an appropriate use in a residential area. She stated that the purpose of this issue is not to get a layer of bureaucracy but to get a handle on it.
Council Liaison stated that the reason for the discussion was not to come up with a layer of bureaucracy but to be sensitive to the people that live here and are here for a vacation.
Linda Flannery suggested contacting the rental companies to get a monthly list of the weddings being held in Duck.
Member March asked what makes event homes different from the average home that is rented with seven to nine (7 to 9) bedrooms. She asked if the homes are registered as event homes with the Town. Nanette Jernigan stated that they aren’t. Member March pointed out that any home in Duck could be an event house. She asked how the parking is justified. Vice Chair Britt stated that that would be the point of the permit process – to have a parking plan and a plan to address the impacts. Member March didn’t think the permit process would be fair to those that are not event homes.
Planning Director Cotellessa stated that there are two (2) issues. She stated that the Board would be looking at every event that occurs in Town in reference to the permit. She stated that the other issue is the “event house” – which is a house that is specifically set aside for recurring events and is advertised and leased as a house for these events. She stated that the impacts of having a few events in a year or having one every weekend would be something to discuss – single event permitting versus using the home consistently for events.
Member Jenkins asked if it would make sense for the Town to have year round permits to operate a house as an event house. Planning Director Cotellessa stated that it was another thought.
Willo Kelly stated that by labeling a home an event home, it does not give permission for people to park where they want. She stated that if the Town does decide to move forward with permitting, realtors would have to decide on some type of plan to have in effect to have an event in a home.
Vice Chair Britt asked if the majority of the events are in the spring and fall. Nanette Jernigan stated that he was correct.
Chairman Forlano didn’t think there were any homes on the Outer Banks that are labeled strictly as an event house. He thought that the word “house” should be taken out of the mix. He felt there should be a fact finding sheet for the event.
Nanette Jernigan stated that the term “event house” was developed by realtors. She stated that the definition was that the particular homeowner will allow weddings to be held at their home. She stated that the term came out of establishing what is a wedding and what is a weekly rental.
Chairman Forlano stated that what is happening is a lot of the homeowners are not accepting weddings anymore.
Vice Chair Britt stated that the Board should look at having people register an event with the Town. He stated he would like to see the Town keep it at a low financial impact, but down the road, rental companies should be held responsible if something happens.
Planning Director Cotellessa suggesting having a policy instead of an ordinance for event houses. She stated that the Town could do it as a matter of policy and require registration and show how the Town deals with all of them. She proposed to work with the Wedding Association and come back with a proposed registration sheet and information to see how the Board feels about recommending adopting that procedure.
Member Jenkins felt that the Town should be compensated for police patrols. He referenced the SCORE book and stated that the Town has a peddler’s license process and asked if there should be an event license. Vice Chair Britt stated he would like to keep things simple.
Member March stated that it bothered her that homeowners that allow the events are not considering the homes surrounding the house. She stated that the proliferation of event houses would not be a good thing. She stated that if a home wants to be an event house, the homeowner would still need to abide by all the rules and regulations that any town would have to abide by.
A member of the Outer Banks Wedding Association was recognized to speak. She stated that an event is for one day, the rest of the week the home is a regular rental. She stated that when people started building the larger homes, parking and noise issues were created.
Member March felt that event houses should not have better leeway than any other home. She stated that she is not in favor of charging a large fee for permits.
Council Liaison Lindley stated that the Board could start with a policy and then tighten things up.
Planning Director Cotellessa stated that she would come back to the Board with an outline of some policies and procedures for registering events at homes in Duck.
Vice Chair Britt thanked the Wedding Association for coming to the meeting.
NEW BUSINESS
A. Consideration and Recommendation on Conditional Use Permit 06-001 to Renew a Conditional Use Permit for a BD&A Model Home at 103 Duck Ridge Village Court
Planning Director Cotellessa was recognized to speak. Planning Director Cotellessa gave an overview on the Conditional Use Permit to the Board. She stated that a little over a year ago the Board considered a Conditional Use Permit to allow BD&A to operate a model home at 103 Duck Ridge Village Court. The approval was for one (1) year with BD&A coming back for a renewal. She stated that the zoning ordinance allows for Conditional Use Permits of model homes for a maximum period of two (2) years total. She stated that the permit expired on January 5, 2006 with the applicants coming in to request renewal of it. She stated she has received no complaints about the house and staff recommends renewal with conditions for the period ending January 5, 2007, which is the original two (2) year renewal period.
Vice Chair Britt asked if there were any new conditions from the last time. Planning Director Cotellessa stated that the end date was the only new condition. At that time, the permit cannot be renewed.
Eric Avery of BD&A was recognized to speak. Mr. Avery apologized for his lateness in renewing the permit.
Member March moved to renew Conditional Use Permit for BD&A with conditions, for a period ending January 5, 2007.
Member Jenkins seconded the motion.
Motion carried 4-0.
B. Introduction of ZTA/Code Changes to Comply with State Mandates (ref. by TC 3/15/06)
Planning Director Cotellessa was recognized to speak. Planning Director Cotellessa stated that the Town is further along compared to other municipalities. She stated that in North Carolina, before the State mandates passed, the Planning Board were not required to make a recommendation on the action taken by Council for zoning text amendments and Conditional Use Permits. She stated they are now a requirement. She stated there are articulated regulations on conflicts of interest. She has asked the Town Attorney to prepare paperwork for the Board and Council on what the procedures are for recusal and when the appropriate times are for excusing from action and what it means. She stated that the new regulations require the Planning Board and Town Council look at the consistency with regard to the Land Use Plan. She stated that it is not a requirement for an action to be consistent with the Land Use Plan, but it should be. She stated that a statement and finding must be made whether or not the action is consistent with the Plan. She stated that if that is the case, the Board must state it’s not consistent with the Plan but that they find it reasonable.
Planning Director Cotellessa stated that signs must be posted for a rezoning, which the Town has always done. She stated that there is a lot of information as well on protests and petitions. She stated that there is information in regard to regulation of flags. It also clarifies some language with regard to allowing alternates to serve on boards. The Town Council can, if they so choose to do so, allow the Planning Board to handle Conditional Use Permits and Special Exception hearings as an approving Board in a quasi-judicial setting. She stated there is clarification that use variances are not permitted, which have always been the case in Duck. She stated that the rest had to do with subdivision issues and the ability to place a moratorium, which requires a procedure and hearing. She stated that she would come forward with a giant housekeeping amendment.
APPROVAL OF MINUTES
A. Planning Board Regular Meeting March 8, 2006
Council Liaison Lindley had one correction to the minutes.
Member Jenkins made a motion to approve the minutes of the Planning Board Regular Meeting of March 8, 2006 as corrected with one section stricken.
Member March seconded the motion.
Minutes for the Planning Board Regular Meeting on March 8, 2006 were approved 4-0.
OTHER BUSINESS
None.
STAFF COMMENTS
None.
BOARD COMMENTS
Member March asked how long the Board has operated with one less person. Vice Chair Britt stated that this will be the last meeting Member Darnall would miss. Member March was concerned that another Board Member would have to attend something important and there wouldn’t be enough members for a meeting. Vice Chair Britt stated that he had spoken to Member Darnall and that she had intended to attend the meeting but could not get out of work.
Chairman Forlano asked if a letter was supposed to be received from Member Darnall. Vice Chair Britt stated that Member Darnall had weighed in on an opinion of the last meeting through email. Planning Director Cotellessa stated she had received the email as well and forwarded it to the Board. Chairman Forlano stated he never received the email.
ADJOURNMENT
Vice Chair Britt adjourned the meeting.
The time was 7:47 p.m.
Approved: ______________________________________________
/s/ Ron Forlano, Chairman