Town of Swansboro Board of Commissioners August 13, :00pm Workshop & Special Meeting Minutes

Transcription

1 Town of Swansboro Board of Commissioners August 13, :00pm Workshop & Special Meeting Minutes CALL TO ORDER The Regular Workshop Meeting was called to order at 5:00 p.m. Those attending were: Mayor Scott Chadwick, Commissioner Jim Allen, Mayor Pro Tem Harry Pugliese, Commissioner Tina Siegel and Commissioner John Lister. Staff attending was: Pat Thomas Town Manager, Paula Webb Town Clerk, Marina Williams Finance Officer, Jennifer Holland Planner, and Public Works Director Steve Edwards. DISCUSSION ITEMS a. Future Town Hall Floor Plan A basic floor plan has been developed for the adaptive reuse of the former St. Mildred s Church property as a town hall. Within the limits of the available space, this plan which has been reviewed by the affected departments appears to be a reasonably good layout for the internal improvements needed to create offices in the building. Manager Thomas introduced the idea of a modest addition that could be added within the existing budget that would provide additional space, storage and would create a nice entrance area for this section of the building. Discussion included that the sanctuary area will most likely be used for Town Hall meetings and be used by community groups and that the staff should have a separate restroom(s) from the public. There was some question as to why the administrative personnel could not be located in the vestibule area; Manager Thomas explained that these employees handle cash and this area would not provide a secure and un-disturbed working atmosphere since we expect the multiple purpose room (sanctuary) to be used on a regular basis. It was the consensus of the Board to authorize the manager to proceed with preparation of more detailed construction plans that will include the addition. b. Recreation Dedication/Fees Formula During the Board s July workshop meeting, a discussion was conducted regarding potential changes to provisions of the subdivision ordinance relating to the dedication of land for recreation or the payment of fees in lieu of dedication. This discussion was held pursuant to the Board s growth management goals. In addition, staff was asked to provide several sample calculations comparing the recreation fees paid under the existing formula to the recreation fees that would be due under one of the proposed alternative formulas. Manager Thomas identified several differences and discrepancies in the current formula that include family size factor, valuation methods, re-evaluation, location of property, and density factor. In addition, further research identified uncollected funds over a period of 10 years based on a variety reasons. He recommended several actions that would improve the basis for which recreation land dedications and recreation fee payments are made. Z: BOC WM Page 1

2 Board members discussed opinions on credits for facilities constructed within a subdivision, such a swimming pool and on-site park areas. These areas are not public, but provide some recreation. However, it was noted that even though these facilities are provided within the development the public park facilities are still utilized through organized sports by those citizens who live within such housing developments. Most agreed that the density factor should be a set figure. Manager Thomas explained that recreation fees are currently not collected for development project such as condos or townhouses but suggests that in the future we should require either on-site space, which would not be public. Special legislation would need to be sought to implement these regulations. He also believes that we could require a developer to provide some open space within the development, but also require a payment by changing the ordinance. Regarding the recreation fee protest by the developers of Hammocks at Port Swansboro, board members agree that some credit may be due, but also recognized that the space and facilities that they claim have been provided are not open to the general public. Manager Thomas will work towards developing a proposal with dimensions for the Board to consider. c. The Hammocks at Port Swansboro Recreation Fees Protest - Jeff Gillette of PCR Investments has submitted a letter of protest regarding the requirement for The Hammocks at Port Swansboro to pay $11,750 in park fees in conjunction with the final plat recently submitted for Section 5. Mr. Gillette contends that the private common areas within the development should serve to meet the subdivision ordinance requirements for parks and open space. (There is no provision in the ordinance that currently allows the substation of private open space or recreational facilities). Mr. Gillette explained that the project was thoroughly researched to assure that it was what the town wanted and needed. He gave the history of how they obtained the property and how they assisted the town and the Prescott family with a defaulted grant. He made note of numerous discrepancies within the Unified Development Ordinance that should be addressed. He further stated that they have complied with every request that has been asked of them. Their interpretation of the UDO recreation space requirements is that the space must be provided within the project development. They have provided 2.71 acres within the project for recreation, which will keep residents from becoming a strain on the existing public parks system. He indicated that he discussed this Richard Banks and not until they reached phase III of the project did he inform them that they had to pay a fee. Again at phase IV, Richard indicated that a fee was due of $30,000. Two weeks ago, when they were ready to record phase V Richard called Mr. Gillette and ask him to call the manager and tell him that he would pay the fee. To which, he told him no. He later got a call indicating that he owed $70,000. When he contacted the manager about the information, he was informed that Richard would no longer handle the fee collection and that the fee was $11,500. Mr. Gillette disagrees with the calculations used to calculate his fees. When the entire project is complete, he indicates that they will have paid $250,000 in recreation fees. Before the town signed off on the final plat, these fees should have been discussed with the developers and taken in. He asked how he is suppose to convince his Z: BOC WM Page 2

3 homeowners and potential buyers that they now need to help funds the $250,000 that is due for recreation fees. To date they have spent $158,000 on a lift station that they cannot even use unless they upgrade it and $40,000 on building permits. The project is bringing high end residential homes to the area, which will increase the tax base substantially. Mr. Gillette suggested that the Board consider adopting some of the recommendations made by the manager with minor changes and to make them retroactive. Those being; change the density multiplier to range from.5 1.0, provide 80% credits for private recreation facilities that are provided within development projects, and for subdivisions with 50 lots or more and a density of at least 6 lots per acre put a cap of $200/lot and $30,000/subdivision. They feel that this would allow the Board to use the sewer allocations as a tool to control the recreation fees, and it would be better for the environment because it would mandate greater storm water control for any subdivisions that want that high density. Mayor Chadwick indicated to Mr. Gillette that the town in not trying to hammer the developer. The UDO is there to be enforced. He does feel the process (in which it was handled for Mr. Gillette) has been unfair. He further stated that staff would develop some options for the board to review and consider. The Board took a brief recess at 6:55pm and reconvened at 7:15pm. Mayor Pro Tem Pugliese asked the Manager if the Town has lost the ability to collect the recreation fees for the first four phases since they were not collected when the final plat was signed off on. Manager Thomas indicated that a legal opinion should be sought on this matter. He further informed that the staff has now developed a check off list for subdivision reviews. He believes Mr. Gillette is sincere when he indicated that he thought the private facilities he was providing satisfied the fee requirements, however he should have gotten this in writing. Commissioner Allen asked what actions the Board is going to take relative to the UDO amendments that were overturned during the Valente lawsuit. Mayor Chadwick stated that Richard Banks prepared a document that provided the changes that were made and voided. If the Board wants to make changes they need to bring them to the table. d. August 19, 2008 Agenda - Manager Thomas and staff provided an overview of each item on the proposed agenda for August 19, No items were identified to be pulled or added to the agenda for August 19, Rental of Municipal Spaces - Commissioner Allen asked if a fee for the use of the new visitor s center should be added to the room rental policy update for next week. Manager Thomas indicates that the policy refers to room rentals. The visitor s center space will be leased, which will require a more detailed document. Closure of Seashore Park property - Manager Thomas informed that research of Seashore Park indicates that this property is actually a street end, it is not an individual parcel that the Town owns; we have simply maintained it for a number of years. Abandonment procedures can be undertaken that would allow the property to fall to the adjacent property owners. Mayor Chadwick suggests that it would add value to those adjacent property owners and in turn provide Z: BOC WM Page 3

4 more tax base. Commissioner Allen expressed concern that if we abandon it, wouldn t it set precedent for property owners to request that we abandon other streets ends such as those that dead end at the water. Manager Thomas suggests that those street ends provide a different scenario and the Town would most likely not want to abandon those. Sewer Capacity Allocation Applications - The Board discussed each application and the recommendations by the Manager at length. In addition to the terms and conditions already suggested by the Manager, the Board agreed that site specific language discussed would be added to each requests when considered next week. Such language included; MCRB LLC/Ron Saucier (SPEC Daycare Facility) 1. Turn Lanes. The owner and/or project developer will insure that the necessary turn lanes for the project are installed, in a manner approved by the North Carolina Department of Transportation, to help manage traffic in this roadway area. 2. Roadway Design and Construction. The entrance roadway shown on the site will be built to comply with the street construction standards in the Town subdivision regulations, and all other site improvements shown on the plans submitted with the application will be constructed in a timely manner. 3. Water Main Loop. The water main shown on the plan will be looped to connect with a water main at the Pirate s Cove development, with the route and design to be approved by ONWASA. 4. Allocation. The approved treatment capacity of 10,800 gallons per day shall be as follows: a. If both buildings are built simultaneously, the full allocation shall be available immediately. b. If only one building is built initially, the initial allocation shall be for 6,000 gallons per day, and, if that allocation is utilized (that is, a certificate of occupancy has been issued), the remainder of the allocation shall be available in the following 12 months. Additional discussion included that bus transportation before/after school would be provided to the center. Hours of operation will be 6:30am - 6:30pm. When fully operational the facility will house up to 400 students. They hope to have the first building constructed and operational by Fall There was some discussion whether requiring a site design plan should be required during this phase of review. Manager Thomas indicates that some developers would not be willing to bear the cost of this type of plan until they know for certain that they have capacity allocation. Wyatt Panos - parcel located at 921 W. Corbett Ave. (Las Palmas Restaurant) 1. Annexation. The property at 923 W. Corbett Avenue will also be voluntarily annexed into the town limits. Z: BOC WM Page 4

5 2. Building Finish. The façade of the building must be improved as described in the application, and the applicant is strongly encouraged to use brick or wood siding on the sides of the buildings. 3. Parking. The project must comply with the Town s parking requirements. 4. Signs. The proposed signage for the project must be submitted for review and approval by the Town Board of Commissioners. 5. Use. Any proposed change in the proposed use of the property (from that of a Mexican restaurant) must be approved by the Town Board. 6. Gateway Guidelines. If the project is completed after the recommendations of the Gateway to Swansboro Planning Committee are made, the project must comply with such recommendations. 7. Allocation. The approved wastewater treatment capacity allocation is 3,000 gallons per day. Additional discussion included that Mr. Panos has agreed to annex the adjoining parcel along with this parcel. He will upgrade the building with a brick façade. It was shared that the Gateway Corridor Committee will most likely recommend that future construction material not be metal, perhaps the applicant would consider bricking the entire building. Only 13 parking spaces are provided at this time. Upwards of 30 spaces will be required for a restaurant this size. They may have to use the rear properties for parking. Bo jangles - parcel located at 904 W. Corbett Ave. 1. Allocation. The provisionally approved treatment capacity allocation is 3,900 gallons per day. 2. Entrance. The driveway entrance nearest NC 24 on Phillips Loop Road will not be allowed. 3. Storm water. Satisfactory plans for handling storm water must be submitted and approved by the State. 4. Signage. The signage plan for the property must be re-submitted and approved by the Town Board. Additional discussion included that the developer does have building designs that do not look like the typical Bo jangles building and would be more in line with what the Gateway Corridor Committee will most likely recommend. The Manager indicated that he was disappointed that they submitted the typical design when he had encouraged them to present a non-typical design. He also suggested to them to install pervious pavers in the parking space. The Board recessed at 9:00pm and reconvened at 9:10pm. Z: BOC WM Page 5

6 Keith Walsh LLC/parcels , and located off Hammocks Beach Road (Park Place subdivision). 1. Lawsuit. The owners of the property must withdraw, within 30 days, their pending lawsuit against the Town relating to the availability of sewer for the property. 2. Subdivision Requirements. The applicant must comply, as a separate matter, with all requirements of the subdivision regulations contained in the Town s Unified Development Ordinance. 3. Easements. The applicant must include all offered easements (bike path, school walk, park walk) in the subdivision plat for the property. 4. Connector Street. The through-street connection to the Charles Stanley property to the west of this project must be a public street with a 60-foot wide right-of-way. 5. Donation. The applicant must submit, by January 1, 2009, the offered donation to the Town of $15, Allocation. The approved wastewater treatment allocation of 21,600 gallons per day shall be as follows: a. An initial allocation of 10,800 gallons per day shall be available January 1, b. A remaining allocation of 10,800 gallons per day shall be available on January 1, 2010, or in the 12 months following utilization of the first 10,800, if that should occur prior to January 1, c. Any allocations not used by December 31, 2010 shall expire. Additional discussion included that originally the streets were going to be private. Due to the access for adjoining properties staff suggested that the streets be public assuring that the adjoining property have access. Manager Thomas indicated that Mr. Walsh mentioned buffering the subdivision from Hammocks Beach Road. Materials of the buffer are not known at this time. There was also discussion on whether the town should ask for Mr. Walsh to pay its legal fees for the pending lawsuit. BOARD OF COMMISSIONERS COMMENTS NC 24 Gateway Corridor Ad hoc Committee - Mayor Chadwick informed that the committee s first meeting was last week. Their focus is on the building appearances from Main Street to Food Lion. Swansboro Softball/Baseball Association Sewer Request - Mayor Chadwick informed that the SBSA submitted a request for sewer allocation for the property located on Swansboro Loop Road. Their septic tank is failing. This organization provides recreation to youngsters each year. It was the consensus of the Board for staff to proceed with review of their request if they are willing to pay the fees and have their property annexed. Z: BOC WM Page 6

7 Economic Development - Junior Freeman informed that he is working with someone who is interested in constructing a hotel in Swansboro. Sewer capacity estimated amount that will be needed is 22,000gpd. NCLM Conference - Mayor Chadwick asked for clarification on who would be attending the conference in October so that registrations can be confirmed. Commissioner Allen and Commissioner Lister both indicated that they could not attend. Mayor Chadwick and Mayor Pro Tem Pugliese plan to attend. ADJOURNMENT Motion was made by Mayor Pro Tem Pugliese to adjourn at 9:50pm. Seconded by Commissioner Lister, all in favor, the motion carried. Minutes from the August 13th, 2008 were adopted on, Paula W. Webb, Town Clerk (Seal) Scott Chadwick, Mayor Z: BOC WM Page 7