TOWN OF DUCK
PLANNING BOARD
REGULAR MEETING
July 12, 2006
The Planning Board for the Town of Duck convened at the Duck Municipal Offices at 6:30 p.m. on Wednesday, July 12, 2006.
Present were Chairman Ron Forlano, Vice Chairman Jon Britt, Members Anne Darnall, and Joe Blakaitis.
Also present were Council Liaison Denver Lindley, Jr., Planning Director Suzanne Cotellessa and Zoning Technician Sandy Cady.
Member John Jenkins was not present for the meeting.
Others Present: Nanette Jernigan and Shirley Cook of the Outer Banks Wedding Association and Willo Kelly of the Outer Banks Homebuilders Association.
Chairman Forlano called to order the Regular Meeting of the Planning Board for July 12, 2006 at 6:30 p.m.
PUBLIC COMMENTS
None.
Chairman Forlano asked for the Board’s permission to move Agenda Item C to be the first discussion of the meeting to accommodate the Outer Banks Wedding Association and the Outer Banks Homebuilders Association. It was consensus of the Board to move the item up on the agenda.
OLD BUSINESS
C. Continued Discussion of Policy Recommendation to Town Council regarding Event Houses (ref. by TC 3/1/06)
Chairman Forlano stated that since he has an interest in event houses, he would recuse himself from the discussion. He then turned the meeting over to Vice Chair Jon Britt.
Planning Director Suzanne Cotellessa was recognized to speak. Planning Director Cotellessa stated that the Planning Board has been discussing this issue for the past three to four (3-4) meetings and whether the Board would consider permitting, registering or dealing in any way with event houses. She stated that input was received from the Outer Banks Wedding Association and the Board discussed parties – whether they were vacation homes, weddings or large gatherings – and how the issue should be dealt with. She stated that a draft policy was carried forward from the last meeting as well as a draft registration form. She stated that she also placed at the Board’s seats email input from Nanette Jernigan of the Outer Banks Wedding Association. She suggested that the Board ask for the input of the Wedding Association if they needed to, to get more input and then decide what direction to head.
Vice Chair Britt stated that he did not receive the email input and asked for a moment to read through it. He stated that since he missed the last meeting, he wasn’t sure where to start on the issue. He suggested looking over the policy and getting some input from the Wedding Association. Planning Director Cotellessa stated that the draft minutes reflect the discussion from the last few meetings. She stated the discussion seemed to stop on whether all events should be included versus delineating specific types of events.
Member Blakaitis asked how the new form is different from the old one. Planning Director Cotellessa stated that the proposed changes were in blue ink. She also noted some helpful additions such as cottage names and where the parking will be. She stated that the Wedding Association suggested changing the language from “special event” to “impact event”.
Vice Chair Britt asked if Duck had a noise ordinance in effect at all times. Planning Director Cotellessa stated he was correct. She stated that there are certain hours for construction activity noises, but if there is a noise off-site that is bothering people, the police can be called.
Council Liaison Lindley asked if there was anything that would require people giving notice to the adjoining properties. Vice Chair Britt thought there was. Planning Director Cotellessa stated that the neighborhood associations have something in effect but that there isn’t anything to let adjacent properties know. She felt it was a good suggestion. Zoning Technician Cady suggested notifying the rental companies that rent the adjoining houses as well. Planning Director Cotellessa stated that it would be a lot of work to notify the adjacent properties.
Member Blakaitis asked if the notification would be for any event. Planning Director Cotellessa stated it was subject to discussion and that exemptions could be considered.
Willo Kelly was recognized to speak. Ms. Kelly had a question about noise and using a decibel meter. Planning Director Cotellessa stated that the Town of Duck does not have any established decibel levels in the ordinance. She stated that noise meters do not work when the wind exceeds twelve (12) miles per hour. She pointed out that ambient noise also skews the meter. She stated that the Town’s noise ordinance states that if two (2) separate people from two (2) different households call the police and complain about the noise, it would constitute a noise violation.
Member Blakaitis asked what the decibel noise level was that the Town of Nags Head uses. Willo Kelly stated that she did not know what level they use. Member Blakaitis thought it would be difficult to determine.
Shirley Cook was recognized to speak. Ms. Cook asked if people are given a warning. Planning Director Cotellessa stated that the police usually give a warning. Vice Chair Britt didn’t think the idea was to disrupt or overly regulate, but to keep things in control. Ms. Cook stated that education should be key.
Member Blakaitis asked if the events usually taper off around 11:00 p.m. Planning Director Cotellessa stated that it depended on when the event started. Shirley Cook stated that the average wedding reception lasts about four (4) hours.
Nanette Jernigan was recognized to speak. Ms. Jernigan stated that the Wedding Association’s hope is that by creating a fact sheet, it will get into the hands of the property managers and brides so they don’t book a house without proper knowledge beforehand. She stated that with an emergency situation, the renter may not know their actual address and having a fact sheet on hand could be helpful. Willo Kelly pointed out that Elan and Twiddy have their own coordinators for weddings.
Nanette Jernigan hoped to have the rules and regulations on each town’s website. Member Blakaitis asked if other towns have regulations in place. Ms. Jernigan felt that they were gearing up to regulate. She stated that everyone has acknowledged that something needs to be done. Planning Director Cotellessa pointed out that most of the other towns do not have anything currently in place.
Shirley Cook noted that the registration form they submitted was geared towards rental homes and not commercial venues.
Member Darnall stated that she liked the use of the term “impact events” versus an overarching policy. She stated that Member Jenkins had wanted a strict policy but was upset about charging a fee. She stated that she could live with a gathering of fifty (50) or more people in a vacation rental home. She pointed out that there have been events held in Town such as the annual pig pickin’, the Advice 5 Cents Turkey Trot and more recently the Town’s 4th of July parade.
Vice Chair Britt stated that the Town Council wanted the Planning Board to address events in rental homes. He felt the Board should stay focused on that. Member Darnall felt the Board should start with just weddings. Planning Director Cotellessa advised that the policy thus far was for events like the Relay for Life and the 5k Run. Member Darnall stated that family reunions typically rent multiple houses. Member Blakaitis agreed.
Vice Chair Britt felt that the impact definition pulls in weddings. He stated that there may be something the Board is not thinking of right now.
Member Darnall stated she would not vote for the policy unless it specifies weddings. She stated that most complaints come from weddings and she did not want to control anything else. She suggested that the Board start with weddings and expand later on if necessary.
Planning Director Cotellessa stated that the term “impact” may be misunderstood by some people. She stated that if the Board only wanted to deal with weddings, she suggested the form be called a Wedding Registration Policy. Vice Chair Britt thought that the term “wedding” would need to be defined. He asked if it should be done for a small wedding. Member Darnall thought fifty (50) people would be a sufficient number for a threshold.
Planning Director Cotellessa suggested changing the draft form from the Outer Banks Wedding Association to read: “Wedding Registration Policy” with the definition in the beginning to state: “Weddings with fifty (50) or more people are required to register.” She felt it made sense for people to have the form even if they are not having fifty (50) people. She stated that everyone should have the parameters but it should be specified that weddings would have to register.
Willo Kelly asked if tent permits are required. Planning Director Cotellessa stated that the State of North Carolina Building Code requires a tent permit for a certain size tent if it’s on commercial property. She stated that if it is on residential property, it is not required.
Vice Chair Britt thought that the back page of the policy which discusses penalties and fines, should have them set and should also be put in the registration form as well. Member Darnall suggested that the form have a statement regarding the sound ordinance being in effect at all times. Planning Director Cotellessa discussed signs with the Board.
Shirley Cook asked who was responsible for distribution to the Town officials. Planning Director Cotellessa stated that she would be responsible for it. Ms. Cook asked how people will know if their event is approved or not. Planning Director Cotellessa stated that the Town will send an acknowledgement letter.
Member Darnall asked if this policy would add an administrative burden to the Town. Planning Director Cotellessa stated it would. She thought it wasn’t a bad idea to have a fee to cover the burden, but that the main purpose was to inform. She stated she would not be approving or disapproving an event. Council Liaison Lindley thought that the form could be amended as needed.
Vice Chair Britt asked how an event would be dealt with that is registered with the Town. Planning Director Cotellessa stated that if the police are called to the house because of a wedding with cars parked on the street and they don’t have the form for that location, they will go to the house and disrupt the event.
Olin Finch of 116 Sandy Ridge Road was recognized to speak. Mr. Finch asked for an example of an approved event. Planning Director Cotellessa stated that the Town is not approving anything, but are asking people to think of where they will park vehicles as well as letting them know where they cannot park. She stated it is an education process.
Shirley Cook asked if fees would be charged. Member Darnall stated that no fees would be charged to start, but maybe in the future. Member Blakaitis felt the Town should take a friendly approach and see how things progress.
Vice Chair Britt asked if the wording should be changed immediately. Members Darnall and Blakaitis felt it should. Planning Director Cotellessa stated that it could since the appropriate people were present to help.
Planning Director Cotellessa, the Planning Board and members of the Outer Banks Wedding Association reviewed the form and made the appropriate changes as discussed.
Member Blakaitis moved to recommend that a wedding event policy as described in the form and information presented to the Planning Board by the Planning Director with the changes made earlier in the meeting be forwarded to the Town Council.
Motion 3-0.
Planning Director Cotellessa pointed out that it would go forward to Council with a recommendation for no fees.
A. Flood Damage Prevention Ordinance Modifications and New FEMA Flood Insurance Rate Map Adoption
Chairman Ron Forlano was called back to the meeting and thanked Vice Chair Britt for running the meeting.
Planning Director Suzanne Cotellessa was recognized to speak. Planning Director Cotellessa stated that new flood maps will need to be used for flood insurance as of September 20, 2006. She stated that since Duck is a FEMA community, the Town will be required to adopt the new maps and the concurrent flood insurance study. She stated that the Board had in their packets maps that show the difference between the current maps and the future ones and also included an italicized change to the flood damage prevention ordinance. She stated that the flood damage prevention ordinance is based on FEMA’s model ordinance, of which the Town was one of the first to adopt in Dare County. Since then, there have been changes in definitions. She stated that the Town must let every property owner in Duck know of the change by first class mail of the changes that will be adopted to be consistent with FEMA. She stated that the letter will state that the Town Council will be holding a public hearing for the adoption of the changes to the flood maps and ordinance. She went on to show the Board a copy of the letter that would be mailed to all property owners.
Planning Director Cotellessa stated that if a property owner believes that their property is mapped in error, they can apply to FEMA to amend the map for their case. She passed out copies of the new flood maps to the Board. She stated that there will be a new measurement system using a 1988 benchmark instead of a 1929 benchmark.
Chairman Forlano asked if the X zone increased over the years. Planning Director Cotellessa reviewed with the Board the major changes for the Town of Duck. She stated that oceanfront properties were previously mostly split between high velocity and AO or X zones. With the new maps, oceanfront properties are now mostly high velocity wind zone and will need to be built to V-Zone standards. She stated there would not be any more AO Zones which had no established base flood elevations.
Planning Director Cotellessa stated that the Town can adopt stricter floodplain regulations. She stated that some localities require a one to two foot (1-2’) freeboard so a homeowner would be required to build two (2) feet above flood elevation. She stated that when the ordinance was originally adopted, the Town chose not to have a freeboard regulation. She stated that the Town’s ordinance is as permissive as it can be.
Chairman Forlano asked if there will be construction considerations on oceanfront properties that will be changing. Planning Director Cotellessa stated he was correct. Chairman Forlano asked when that would be happening. Planning Director Cotellessa stated it would change on September 20, 2006.
Chairman Forlano asked what a structural slab was. Olin Finch explained structural slabs to the Board.
Willo Kelly stated that at a meeting with the Town of Kill Devil Hills, it was discussed that they did not want anything below base flood elevation and anything below base flood elevation has to be constructed with floodproof material. She wondered when a homeowner purchases a garage door, where would they find a floodproof one. She stated that there are conflicts with what the Town is asking and what FEMA and the building code are.
Olin Finch stated that there has been confusion with the slab on the grade. He stated that Currituck County has not written any CAMA permits since the new flood maps have been adopted. Planning Director Cotellessa stated that Currituck County has never had any V Zones before. She stated that the State flood officials are conflicting with the CAMA officials.
Olin Finch asked if there would be changes in the logistics of building a home with the new flood maps. Planning Director Cotellessa stated that she does not anticipate problems.
Olin Finch asked what would happen to a house that changes from a VE Zone and wants to add a room to a house where there was already rooms under there. He asked if it could be done. Planning Director Cotellessa stated that for regulatory and insurance purposes, homeowners are in the zone they were built in as long as they have an elevation certificate showing what zone they were in. She stated that if the homeowner crosses the fifty percent (50%) value threshold, the homeowner would have to bring the home up to current codes.
Chairman Forlano thought that according to the ordinance, homeowners could not close in the lower section of their homes. Olin Finch stated that it would only apply if the grade was being used for structural and if it is below base flood. Planning Director Cotellessa agreed. Mr. Finch stated that as long as a homeowner is above base flood level, they would not be enclosing below.
Chairman Forlano asked if a basement that is below base flood level floods, could it not be insured. Olin Finch stated that it could not be built. Planning Director Cotellessa stated that if a person is in an X flood zone, there is no a base flood requirement.
Vice Chair Britt moved to recommend sending to Town Council the flood damage prevention ordinance modifications and new FEMA flood insurance rate map.
Motion carried 4-0.
B. Continued Discussion of ZTA Revisions regarding Parking and Driveways in Lot Coverage Calculation (ref. by TC 4/19/06) and regarding Maximum Driveway Widths and Number of Curb Cuts (ref. by TC 3/15/06)
Planning Director Cotellessa stated that the Board had background information on the previous discussions. She stated that she had gone out in the field to start to take photographs of some of the sites that were based on surveys. But the problem with taking photographs was that she couldn’t get everything in the photograph. She stated that aerial photographs were a better representation of the development patterns and passed them around to the Board. She stated that the citizen questionnaires were also provided in the Board’s packets for reference. She stated that themes from the questionnaire ended up in the Land Use Plan.
Member Darnall stated that what stood out for her was the percentage of lot coverage with a gravel driveway. She pointed out that one house had 43.9% and another had 43.21%. Planning Director Cotellessa pointed out that this does not include counting decks. Member Darnall clarified that these two (2) instances were only able to occur because the homeowners put in gravel for their driveways.
Olin Finch asked if there were examples of homes that were too large from a curb appeal perspective. He asked if the Board could start with houses instead of aerial photographs. Planning Director Cotellessa stated that the topic was not just whether houses were too large. The Board was discussing lot coverage in general and what should be included in the definition of lot coverage as well as what the purpose of lot coverage is. Mr. Finch suggested that the Board identify the problem first and then the factors that affect the problem. Vice Chair Britt stated that the reason the issue was sent to the Board was because of house size. Member Darnall stated that she reviewed the questionnaires and there were a lot of complaints about big houses. She pointed out that from reading the questionnaires, the Town has addressed recycling and commercial development, but not house size. Willo Kelly noted that the average size of a home is now 2,500 square feet, according to the Home Builders Association.
Member Darnall stated that parking is how a town requires it and is not an easy issue to deal with. Council Liaison Lindley wondered if the real pressure is from the rental companies. Member Darnall didn’t feel it was the right of the Town to regulate what can or cannot be done on a property, but felt that excesses should be controlled and count parking in lot coverage.
Vice Chair Britt asked how many permits for new construction come in during any month. Zoning Technician Sandy Cady stated that there are approximately forty plus (40+), but for new houses, the Town has had twelve (12) come in for the year. Vice Chair Britt thought that it wasn’t many new houses for the Town. He felt that the issue is still the size of the house. He felt that the Town should perform some type of site plan review that wouldn’t be an architectural review but could possibly border on it.
Olin Finch pointed out that the size of a house has three (3) important components – the pool area, parking area and the house structure itself. Planning Director Cotellessa pointed out that the Board is discussing development area on a lot. Chairman Forlano stated that he did not get that from reading all the comments from the questionnaires. He stated that he did not see any comments regarding lot coverage. Vice Chair Britt thought that the comments did reference lot coverage but not in the terms that the Board was discussing. Council Liaison Lindley stated that he liked the idea of site plan review. He asked for a clarification on site plan review. Planning Director Cotellessa explained site plan review and stated that she does a review for every permit that comes in. Member Blakaitis pointed out that the Sanderling subdivision is an exception. He felt that there are a lot of large homes in Town. He wondered if the Town would need to continually see a large house as an issue or if it could be changed by making the home smaller. He felt it may be time to shrink homes in Duck. Vice Chair Britt didn’t think that the whole way to shrink and improve was through lot coverage. He stated that the impacts could be visually shrunk by looking at the landscaping and having more requirements for it. He didn’t think if there was a change if visually, anything would be different.
Member Darnall stated that if the Town wanted to get really crazy, Duck could be rezoned. She stated that the residential codes could be redesignated as well. She stated that the Town could change the entire code to make it unique to the various subdivisions. Planning Director Cotellessa pointed out that this would become an equity issue. Member Darnall stated that each subdivision, with the exception of Sanderling, does not have strong covenants. Olin Finch pointed out that Sanderling has lot of vegetation and felt that the Town should promote keeping trees. Planning Director Cotellessa stated that some properties may be limited as to the area around the site and keeping trees could be an issue if the area is small.
Council Liaison Lindley asked what would happen if the Town went to twenty-five percent (25%) lot coverage. Member Darnall stated that if the Town went in that direction, then mostly every lot in Duck would become nonconforming. Council Liaison Lindley stated that grandfathering would then take effect. Member Darnall pointed out that every structure in Town would have to be grandfathered. Vice Chair Britt agreed with Member Darnall. Olin Finch felt there could be different zoning results created. Planning Director Cotellessa stated that over time with any nonconforming use, when there is a need to rebuild, the homeowner would need to build to the newer standards. Mr. Finch stated that if it was known that the property would be devalued, a homeowner would do everything possible to make the house stay the same as it is now. Planning Director Cotellessa agreed and stated that there are pluses and minuses to everything. She stated that a town can’t not create a policy where the way a community should look is based on what can and cannot be accomplished. She stated that things take time. She pointed out that the Town is far more liberal than other towns.
Olin Finch thought that the Town would be using a shotgun if they didn’t identify the bull’s-eye of the target. Member Darnall stated that changes in septic have caused some overdevelopment in Town. Mr. Finch wondered if the Town allowed too much parking. He stated that having more parking encourages more vehicles. He stated that there are regulations already in place to deal with illegally parked vehicles, but felt that the Town needs to identify the problem before more rules are put in place.
Chairman Forlano asked Mr. Finch if he thought there was a problem. Olin Finch stated that he did not think there was a problem with the current definition, but felt there is overdevelopment. Chairman Forlano asked him to clarify overdevelopment. Mr. Finch stated that the current roads are inadequate and thought if there was a bridge built, it would help. Member Blakaitis agreed but still thought that something could be worked out. Willo Kelly stated that on the State level; a stormwater bill was highly debated that is addressing development. She stated that it was brought up that Dare County could develop stormwater ordinances that would reduce low density thresholds to 12% and 24% built upon areas. She stated that the bill does not include swimming pool areas, but there has been a lot of debate over it. Planning Director Cotellessa pointed out that this would not work well with areas that have high water tables. She stated that there are other things to discuss such as pool fences, open space, vegetation and wildlife corridors. Mr. Finch stated that the Town of Southern Shores tries to keep people from cutting trees down. Planning Director Cotellessa stated that in her opinion, Southern Shores’ policy is difficult to work with. She suggested that maybe the Town ask that when a homeowner is finished constructing their home, that they have a ten percent (10%) tree cover within ten (10) years. She stated that it would be advantageous to give the homeowner some flexibility. She stated that staff would try to develop a reasonable standard. Mr. Finch stated that the biggest impact would be to just maintain the trees and promote the growth of trees. He felt it would be idealistic to promote the growth of trees in Town. Planning Director Cotellessa, the Board and Olin Finch continued discussions of trees and growth of trees.
Member Darnall pointed out that the vegetation trend is changing due to development on the Outer Banks. She cautioned that the Town must be careful with the vegetation ordinance as to what type of vegetation is allowed to be planted.
Chairman Forlano asked how much land would need to be cleared for a septic field that would accommodate a six (6) bedroom home. Olin Finch thought it was about four hundred (400) square feet. Chairman Forlano pointed out that a lot of the cleared areas on lots could be because there are septic fields on them. Planning Director Cotellessa noted that the Board was looking at development patterns that did not require the parking the Town now requires.
Willo Kelly stated that the Town of Southern Shores is now looking at the east side of the road to require driveways rather than the west side as it was an oceanfront issue. Planning Director Cotellessa stated that Southern Shores had tried the forty percent (40%) oceanfront lot coverage but it didn’t work.
Chairman Forlano asked where the Board was on the issue. Vice Chair Britt stated that he was not ready to make any decisions and would not be for a long time. Planning Director Cotellessa pointed out that the Board had already recommended that Council go there, but that Council asked the Board to think about it again. She suggested that the Planning Board should respond back to Council. Council Liaison Lindley agreed.
Chairman Forlano asked if the Board could look at the vegetation preservation issue first. Vice Chair Britt suggested looking at ways to cut down the impacts of homes before cutting down the size of the house. He thought looking at vegetation would be one way to do it. Member Darnall suggested looking at parking and the specific requirements of the Town’s parking ordinance. Chairman Forlano wondered if in the future driving habits would change because of gasoline prices. Vice Chair Britt felt that driving habits would not change that much.
Member Blakaitis asked what the immediate direct effect of changing lot coverage by making pervious and impervious surfaces all included would be. Planning Director Cotellessa stated it would reduce the covered area on a lot, but something would have to give. Olin Finch asked if the Planning Board had been asked to address a particular problem. He asked if Council thought there were too many big houses. Vice Chair Britt stated that issue was sent to the Board due to the big houses. Council Liaison Lindley stated that clearly the direction of the Town is going bigger. Vice Chair Britt stated that it is Council’s job to direct the Planning Board of policy changes. He stated that he is only comfortable with looking at vegetation and parking. Council Liaison Lindley felt that the Planning Board was doing their job but thought they should continue with the issue. He stated that if there were an easy answer, it would have been found. Member Darnall stated that vegetation is mitigation for large structures. Council Liaison Lindley stated that if the large structures cannot be controlled, maybe they should be mitigated.
Member Darnall stated that it was obvious that the Board could not come to an agreement on what the definition of a big house is and what they thought was considered a big house. Chairman Forlano asked if size was part of aesthetics. Member Darnall stated it was. Chairman Forlano clarified that the Board did not want to touch aesthetics. Member Darnall and Vice Chair Britt agreed. Member Darnall suggested having a visual impact study done in an unbiased way. Olin Finch pointed out that Duck is not a year-round community, but is a rental neighborhood. Council Liaison Lindley thought there were two (2) communities. Mr. Finch agreed. Council Liaison Lindley stated that if the Board looks at the areas that have preserved the quality of the small village town, the values are still there. He stated that if places are looked at that cannot be changed, a town winds up with junk eventually. He stated that changes take time.
Chairman Forlano suggested looking at vegetation and parking regulations at the next meeting. Olin Finch suggested looking at a formula for rental homes.
NEW BUSINESS
None.
APPROVAL OF MINUTES
A. Planning Board Meeting May 10, 2006
Vice Chair Britt moved to approve the minutes of the Planning Board Meeting of May 10, 2006 as presented.
Olin Finch pointed out that franchise businesses were addressed at the May 10th meeting. He asked if there was an outcome. Planning Director Cotellessa stated that there hasn’t been direction from Town Council or initiative from the Planning Board to deal with it. She thought that if members of the community were interested in formula businesses, they should write in to the Council to see if it will get on the agenda. Council Liaison Lindley felt the reaction to it was very positive. Mr. Finch suggested discussing it at a Planning Board meeting. Member Darnall agreed that it should be on the Planning Board’s agenda. Chairman Forlano clarified that the Board would discuss the possibility of an ordinance prohibiting chain-type establishments. Member Darnall stated he was correct. Planning Director Cotellessa stated that the Board should be very careful of the definitions.
Minutes for the Planning Board Meeting on May 10, 2006 were approved 3-0.
B. Planning Board Meeting June 14, 2006
Member Blakaitis moved to approve the minutes of the Planning Board Meeting of June 14, 2006 as presented.
Minutes for the Planning Board Meeting on June 14, 2006 were approved 3-0.
OTHER BUSINESS
None.
STAFF COMMENTS
Planning Director Cotellessa stated that Duck Village Outfitters were approved for their CUP by Town Council as recommended by the Planning Board.
BOARD COMMENTS
None.
ADJOURNMENT
Chairman Forlano adjourned the meeting.
The time was 9:07 p.m.
Approved: ______________________________________________
/s/ Ron Forlano, Chairman