Sunset Beach planning board pushes back on UDO changes that would shift major approvals to staff

The Sunset Beach Planning Board on April 16 recommended changes to a draft amendment to the town’s Unified Development Ordinance that council forwarded to the board on April 7.

Board members said the proposed ordinance — which would clarify that the planning board acts at the town council’s request, remove the board’s role in certain quasi‑judicial proceedings, and transfer final approval authority for major site plans and major preliminary subdivision plans to the UDO administrator — would curb public participation in decisions with substantial community impact. “Moving preliminary and major approvals to staff removes a core public check on development,” a board member said during the meeting.

The board conducted a clause‑by‑clause review of Article 2 (Administration & Procedures). Members proposed a procedural fix that would replace multiple repeated phrases about acting "at the town council’s request" with a single, clear process: actions may proceed either on a majority vote of council in open session or by a planning‑board self‑initiation recorded in open session. The board also asked that any council request be formalized by an open‑session vote rather than by informal direction.

On the most consequential change — the transfer of final approval authority for major site plans and major preliminary subdivision plans to the UDO administrator — the board voted to strike the language (indicating it should not be removed from board authority). Members argued that retaining board review gives residents a public forum to review potentially large projects and that staff review alone would reduce transparency. Staff said the proposed change is consistent with state statute (N.C. Gen. Stat. ch. 160D) but acknowledged the draft as circulated required many cross‑references elsewhere in the UDO.

The board also objected to wording that would make members "serve at the pleasure of council" and allow removal "with or without cause." Members said that language could chill volunteer participation; they asked that removal provisions, if retained, be limited to removal "for cause" and include notice and an opportunity to be heard, consistent with established law and precedent. The board favored retaining multi‑year staggered terms to preserve institutional knowledge rather than moving to one‑year appointments.

The planning board asked staff to restore planning‑board review for major projects in the approval tables and to circulate a consolidated draft that incorporates the board’s edits. The board also requested formal input from the Board of Adjustment on the sections that affect that body. The meeting recessed and the board scheduled reconvening on April 23 to finalize recommended edits for council consideration.

What happens next: staff will prepare a revised draft reflecting the planning board’s redlines and any Board of Adjustment input. Council retains authority to adopt code changes; the board’s action is a formal recommendation for council to consider at a later meeting.