Regular Council Meeting Minutes
October 4, 2005
Page 4
Town of Surf City
Regular Council Meeting Minutes
October 4, 2005
Mayor Guy called the regular monthly meeting of the Surf City Town Council to order at 7:00 p.m. Councilman Medlin gave the invocation, and Councilman Curley led the Pledge of Allegiance. Also present for the meeting were Mayor Pro Tem Albury, Councilmen Helms and Fowler, Attorney Charles Lanier, Town Manager J. Michael Moore, Finance Clerk Jane Kirk and Town Clerk Patricia Arnold.
Beautification and Appearance Recognitions
Mayor Guy announced the recipients of the Beautification and Appearance Committee’s Awards for October 2005. Home of the Month for October 2005 owned by Jeff & Jackie James is located at 130 Atkinson Rd. Business of the Month for October 2005 is Sheas Landing Homeowners Association.
National Fire Prevention Week
Mayor Guy presented Councilman/Fire Fighter Don Helms and Retired NYFD Fireman Rick Duden with the National Fire Prevention Week Proclamation.
Approval of Minutes
Minutes of the September 6, 2005 Regular Meeting were recommended for approval by Town Attorney Charles Lanier. Motion was made by Mayor Pro Tem Albury and seconded by Councilman Fowler to approve as presented and was carried unanimously.
Minutes of the September 11, 2005 Emergency Meeting were recommended for approval by Town Attorney Charles Lanier. Motion was made by Councilman Helms and seconded by Councilman Fowler to approve as presented and was carried unanimously.
Public Hearing
Mayor Guy recessed the regular council meeting at 7:07 P.M. to open the public hearing for comment on satellite annexation of 80.58 acres located on Hwy 210 and is owned by Emmett Sniff and Alvin Davis.
Manager Moore stated that the Town received a request for voluntary annexation of property located on Hwy 210 belonging to Emmett Sniff and Alvin Davis of 80.58 acres. Petition was submitted to the clerk and the clerk did do her certificate of sufficiency on September 29, 2005. The Planning Board recommends that if this property is annexed that it would be zoned at R-10. He wanted to make all petitioners aware that the Town cannot guarantee water and sewer for up to 18 months.
Kathleen Conti, 503 Groves Point Drive, asked if several of the properties were going to be annexing from Hampstead to Surf City.
Manager Moore stated that the Sniff property is located on Hwy 210 just outside of Surf City in an unincorporated area. Hampstead is not an official municipality, basically just a community with no corporate jurisdiction in place.
Kathleen Conti asked if this property were annexed by Surf City it would not have any impact on the tax structure of Hampstead, i.e. that the taxes in Hampstead will go up because there is less land available to be taxed.
Manager Moore stated that was correct. Hampstead resident only pay Pender County taxes and when a property is annexed they pay Surf City taxes as well as Pender County taxes.
Bill Macomber, 511 Groves Point Drive, asked where this property was on the map.
Planner Rademacher pointed out the property on the zoning map in the Council Chamber.
Donald Worsfold, 489 Groves Point Drive, asked how far the town was going to grow, and are they going to annex Groves Point Drive at some time.
Manager Moore stated that the Town has no plan at this particular time to go into that area.
He stated that so far with this Council there have only been people that have requested Surf City to annex that they have not done any involuntary annexations since he has been here or has not heard them talk about involuntary annexation. It’s strictly when the property owners come here and make the request of Surf City to annex them.
Jack Solak, 2408 S. Shore Drive, asked if at the last Council meeting didn’t the Council vote not to have any anymore satellite annexations.
Mayor Guy stated that the Council did but these request were excluded from that, the Council would have other requests later that will address.
Dee Stone, representing owners that own property on Hwy 210, asked if the sewer and water would be coming from Surf City toward Hwy17, if they had not asked for voluntary annexation can they do so at this point and time and that it would be possibly 18 months after annexing then would even have access to the water and sewer.
Manager Moore stated that yes, they would have to make a petition for the clerk to bring to the board and the board would direct the clerk to do her sufficiency, to make sure the property owners own the property that they had stated, then it would come back for a public hearing. It takes 60-90 days to get a tract annexed.
Public Hearing was closed at 7:15 P.M.
Mayor Pro Tem Albury made a motion to approve the satellite annexation of 80.58 acres located on Hwy 210, owned by Emmett Sniff and Alvin Davis and to set the zoning that was recommended by the Planning Board to R-10. Councilman Fowler seconded motion. Motion carried unanimously. Copy of Ordinance is attached to these minutes.
Public Hearing
Mayor Guy recessed the regular council meeting at 7:16 P.M. to open the public hearing for comment on satellite annexation of 92.28 acres located on Hwy 17 and is owned by Herman and Rebecca Strickland.
Manager Moore stated that the Town received a request for voluntary annexation of property located on Hwy 17 belonging to Herman and Rebecca Strickland of 92.28 acres. Petition was submitted to the clerk and the clerk did do her certificate of sufficiency on September 29, 2005. The Planning Board recommends that if this property is annexed that it would be zoned at R-15.
He wanted to make all petitioners aware that the Town cannot guarantee water and sewer for up to 18 months.
Sam Disarno, 501 Groves Point Drive, asked to show where Groves Point Drive was. His property backs up to Strickland’s property and he asked if this annexation in any way affect his property.
Planner Rademacher pointed out the property on the zoning map in the Council Chamber.
Manager Moore stated that the annexation shouldn’t affect his property.
Bill Macomber, 511 Groves Pont Drive, asked if there will be any impact of any extra territorial jurisdiction for any adjacent property and what uses are contemplated for this property after annexation.
Planner Rademacher stated that extra territorial jurisdiction (ETJ) could only come off the contiguous city limits and that must be approved by Pender County Commissioners
Manager Moore stated that the town has not requested or petitioned Pender County Commissioners to extend our ETJ in any length at this time. ETJ is when a town or city is trying to plan for the future, they can reach 1 to 3 miles depending on the size of the city, usually a mile from the furthest point that is contiguous to the current city limits and it notifies everyone that the Town is considering looking at this way so we can start requiring that the water and sewer be built to the Town’s specifications so people aren’t hit all at once. It gets the planning set up.
Planner Rademacher stated that the recommendation from the Planning Board is to zone that property R-15 and that would only allow single-family homes on 15,000 square foot lots. If the developer chooses to do something else that would have to come back for a rezoning and public hearing.
Robert Springer, 473 Groves Point Dr., asked to show where the water and sewer would enter that property, and would it come from Hwy 210 or Hwy 17.
Manager Moore stated that at this time he wasn’t sure, it would be up to that property owner to connect on to the Town’s system. He stated that he had heard they might try to come down the powerline and come in behind Lowes.
Robert Springer stated that the water and sewer is still going to run down Hwy 17.
Manager Moore stated that not at this point.
Kathleen Conti stated that the homes would have to be on a possible 15,000 square foot.
Mayor Guy stated that 15,000 square feet is the lot size.
Kathleen Conti asked if there is a particular size for the house.
Mayor Guy stated that there are setbacks that they will have to meet.
Planner Rademacher stated that the set back in R-15, off the top of his head, are 20’ in the front-15’ on the sides-20’ in the rear, and that there is no minimum house size.
Mayor Guy stated that unless you have restrictive covenants in a subdivision but as far as the town ordinance you would have to adhere to the setbacks that are established.
Planner Rademacher stated that stick build or modular homes only would be allowed.
Kathleen Conti stated that this is strictly residential, so there could be an association building or tennis courts or golf course.
Planner Rademacher stated that there is not a reason why they could not have a swim club with amenities with a workout room or anything like that
Dee Stone asked that when talking about the water and sewer coming in from behind Lowes where the power lines are in order to be able to tie in, you would have to have a voluntary annexation approved.
Manager Moore stated that yes, unless the Council changes their current policy, but that is the current policy.
Mark Justice, 1070 Sloop Point Rd. asked if sewer comes down the powerline, and if the power line in on their property will they have to petition to the property owner or will the Town handle that.
Mayor Guy asked the attorney if the right of way was already established.
Attorney Lanier stated that he felt that I think it is the power company can grant that easement within the bounds of their easement. He stated that they would need to check the easement that the power company has but generally speaking yes.
Robert Springer asked about the current gravel road that is Strickland Lane. Is that going to be right of way solely for this property and do they have any plans to make a right of way off 210. He was wondering what kind of traffic would be coming from the property onto this single lane road.
Planner Rademacher stated that they have a 70-foot wide access from Hwy 17, which would allow for 2-way traffic with a turn lane depending on the design they wanted to do.
Robert Springer stated that he feels there is no way the could have 70’ right of way down the path between his house and John Whitley’s property.
Planner Rademacher after looking at boundary survey stated that this property actually has a 90-foot wide right of way from the road.
Public Hearing was closed at 7:26 P.M.
Mayor Pro Tem Albury made a motion to approve the satellite annexation of 92.28 acres located on Hwy 17 and is owned by Herman and Rebecca Strickland and set the zoning that was recommended by the Planning Board to R-15. Councilman Helms seconded motion. Motion carried unanimously. Copy of Ordinance is attached to these minutes.
Public Hearing
Mayor Guy recessed the regular council meeting at 7:27 P.M. to open the public hearing for zoning of 80.58 acres located on Hwy 210 and is owned by Emmett Sniff and Alvin Davis
No public comment.
Public Hearing was closed at 7:28 P.M
Mayor Pro Tem Albury made a motion to set the zoning that was recommended by the Planning Board to R-10. Councilman Fowler seconded motion. Motion carried unanimously.
Public Hearing
Mayor Guy recessed the regular council meeting at 7:29 P.M. to open the public hearing for comment on satellite annexation of 3.623 acres located on Hwy 17/210 and is owned by Wilco Hess.
Manager Moore stated that the Town received a request for voluntary annexation of property located on Hwy 17/210 belonging to Wilco Hess of 3.623 acres. Petition was submitted to the clerk and the clerk did do her certificate of sufficiency on September 29, 2005. The Planning Board recommends that if this property is annexed that it would be zoned at C-3. He wanted to make all petitioners aware that the Town cannot guarantee water and sewer for up to 18 months.
No public comment.
Public Hearing was closed at 7:30 P.M.
Councilman Helms made a motion to approve the satellite annexation of 3.623 acres located on Hwy 17/210 and is owned by Wilco Hess and set the zoning that was recommended by the Planning Board to C-3. Councilman Medlin seconded motion. Motion carried unanimously. Copy of Ordinance is attached to these minutes.
Public Hearing
Mayor Guy recessed the regular council meeting at 7:31 P.M. to open the public hearing for comment on satellite annexation of 1.14 acres located on Hwy 17/210 and is owned by Holt Oil Co.
Manager Moore stated that the Town received a request for voluntary annexation of property located on Hwy 17/210 belonging to Holt Oil Co. of 1.14 acres. Petition was submitted to the clerk and the clerk did do her certificate of sufficiency on September 29, 2005. The Planning Board recommends that if this property is annexed that it would be zoned at C-3. He wanted to make all petitioners aware that the Town cannot guarantee water and sewer for up to 18 months.
Dee Stone asked when they request for annexation would that be the time for requesting it to be zoned commercial.
Planner Rademacher stated that when you apply for annexation the Council typically directs the Planning Board to look at the zoning for a recommendation. It goes through some analysis by the Planning Board and by staff to see what is the appropriate zoning in that area.
Public Hearing was closed at 7:32 P.M.
Mayor Pro Tem Albury made a motion to approve the satellite annexation of 1.14 acres located on Hwy 17/210 and is owned by Holt Oil Co. and set the zoning that was recommended by the Planning Board to C-3. Councilman Helms seconded motion. Motion carried unanimously. Copy of Ordinance is attached to these minutes.
Public Hearing
Conditional Use Permit
Mayor Guy recessed the regular council meeting at 7:34 P.M. to open the public hearing for Condition Use Permit request for Sounds Edge Village.