SURF CITY TOWN COUNCIL MINUTES

September 5, 2017 – 7:00 P.M.

Council Members Present:Staff Members Present:Member of the Public:

Douglas Medlin, MayorLarry Bergman, Town ManagerPeter Solan

William J. Buddy Fowler,Mayor Pro TemAshley Loftis, Asst. Town ManagerSolan & Donna Thigpen

Nelva AlburyStephanie Hobbs, Town ClerkStephanie Kenneway

Teresa BattsCharles Lanier, Town Attorney

Michael CurleyChad Merritt, Parks & Recreation Director

Don HelmsRon Shanahan, Police ChiefCharles Poindexter

Barry Newsome, Welcome CenterBobby Owings

Allan Wilson, Fire ChiefDaniel Beam

Pete Wilson

Jody Beam

Lora Rose

Will Tate

Jim Conway

Dorothy Royal

A.Call to Order – Mayor Douglas C. Medlin
B.Invocation
C.Pledge of Allegiance
D.Proclamation

Constitution Week

E.Beautification & Appearance Recognition

Home of the Month –Sandra Maddox at 701 S. Topsail Drive

Business of the Month –Surf City School House & Shaka Taco at 107 N. Shore Drive

F.Consent Agenda
1.Approval of the Regular Meeting Minutes August 1st 2017
  1. Popular Branch Subdivision Street Dedication
  2. Volunteer Firefighter Incentive Policy Change
  3. Parks & Recreation / Beautification & Appearance Committee Appointment
  4. Disaster Recovery / Response Contract - DRC

Mr. Helmsmade a motion to approve the consent agenda as presented. Mrs. Albury seconded the motion and it was carried.

  1. New Business
  1. Ordinance Amendment Section 4-.4 When and Where Vehicles are Permitted

Mr. Bergman stated that in the past few years the population of beach goers has increased due to warm weather and population growths. In the past few years it has been a public safety issue with people laying on the beach and the vehicular traffic.

Mrs. Albury made a motion to approve the ordinance amendment as presented. Mr. Fowler seconded the motion and it was carried.

  1. Parks & Recreation Equipment Lease

Mr. Merritt stated the parks and recreation department has one mower currently in working condition. The other mower is a 2004 model with over 100,000 miles and these are used daily for commercial use. Generally, they are in use for 5-6 years, this one is 13 years old. We are trying to get 4 new mowers on a lease, which will give us a fleet to maintain parks and town property and right-of-ways. One mower purchased out right would be around $12,000, this would be $12,000 a year for four mowers. Currently, it is taking about all day to mow the park because of the condition of the working mower. The maintenance budget has grown to be very expensive over the past couple of years.

Mr. Helms made a motion to approve the lease as presented. Mrs. Albury seconded the motion and it was carried.

  1. Public Hearing

Open at 7:14

  1. Rezoning Surf City Resorts LLC R-5m to R-10

Mr. Rademacher stated this is a zoning map amendment request, the applicants are requesting the rezoning of property currently zoned R5M to be rezoned R10 Residential. The property is 72 acres in size and is located adjacent to Saltwater Landing zoned R10 and the Water Plant owned by the Town zoned G-1 Government. Adjacent properties within the jurisdiction of the County are zoned for a variety of rural and residential uses.The current R5M zoning permits the development of manufactured home parks and campgrounds. The original plans for this property were for the development of a large campground facility. A rezoning to R10 would allow for development of single family homes on 10,000 square foot lots as well as for the development of duplexes. Due to the fact that this area is not addressed in the current Land Use Plan for Surf City we are required to get consistency for land development for this property from the Pender county Land Use Plan. The land use plan shows this property as a Mixed Use Area which allows for residential development in line with this rezoning.Staff recommends a rezoning of this property to R 10 would be consistent with the Land Use plan on file and is also consistent with the surrounding area and developing uses along the Highway 210 corridor.

Mrs. Royal questioned how many lots or homes they are hoping to build.

Mr. Rademacher stated probably around 120 depending on wetlands.

Closed 7:18

Mrs. Albury made a motion to approve the rezoning to R10. Mr. Helms seconded the motion and it was carried.

Open at 7:19pm

  1. Conditional Zoning Hwy 17 Holdings C-3 to MFC

Mr. Rademacher stated the developer has requested a conditional rezoning,the applicant is proposing the development of 76 homes on a little more than 40 acres of land adjacent to Lowes and the subdivisions of Dogwood Lakes and The Arbors. The applicant is requesting that a conditional zoning be granted to rezone to MFC and only allow for the construction of single family homes and eliminate all uses for multi-family and commercial developments.

This subdivision will connect the neighborhood of Dogwood Lakes at the required road connection point on Osier Dr. allowing connectivity all the way through to Highway 210.

A conditional zoning will require that the 7 findings of fact be met by the developer and allow for fair and reasonable conditions to be placed on this development.

  1. The use requested is listed among the conditional uses in the district for which the application is made.

Mr. Rademacher stated that single family is permitted by-right under MFC. The developer is requesting a condition to ensure multi-family is not constructed.

  1. The requested use will not impair the integrity or character of the surrounding or adjoining districts nor adversely affect the safety, health, morals or welfare of the community or the immediate neighbors of the property.

Mr. Rademacher stated the use will compliment surrounding properties as a majority of the adjacent lands are single family residential.

  1. The requested use is essential or desirable to the public convenience or welfare

Mr. Rademacher stated the proposed single family use provides more options for end users and matches the convenience and welfare of the surrounding area.

  1. The requested use will be in conformity with the land use plan.

Mr. Rademacher stated the applicant will work with town staff to ensure conformance with the Land Use Plan.

  1. Adequate utilities, access roads, drainage, sanitation, or other necessary facilities have been or are being provided.

Mr. Rademacher stated the applicant will follow all local and state regulations to ensure end user safety and welfare.

  1. Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize the traffic congestion in the public streets.

Mr. Rademacher stated suitable access is to be provided to satisfy local access necessity.

  1. The conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located.

Mr. Rademacher stated the applicant will work with town staff to ensure compliance with all local regulations.

The Planning Board Recommendation- Approval w/conditions

The planning board has reviewed the proposed property for conditional zoning as well as found all seven findings of fact to be true and recommends that the following conditions be added to the property if the Board finds the findings of fact have been met.:

  1. Only allow for single family homes
  2. Provide pedestrian connectivity to Lowes
  3. Provide Water connectivity to the The Arbors, Dogwood Lakes, Lowes Home Improvement and stub out to the property line towards 17 for future connectivity.
  4. Add a dense buffer between the road and the homes in Dogwood Lakes as determined by staff
  5. Add a dense buffer between the Lowes property and the proposed lot 31 as determined by staff.

Daniel Beam at 111 Osier Drive stated he is all about efficiency through the neighborhood and access. He has concerns with the buffer and the multi-family zoning, are the same standards for trees and sidewalk going to be the same in the Arbors? Traffic is a very high concern because at this time Dogwood Lakes is a nice quite neighborhood, I would like these same values upheld.

Mr. Rademacher stated that if the council approves the conditional rezoning is that a condition is that the land can only be used for single-family homes. In regards to sidewalks and street trees those are town ordinances and this developer will be held to the same standard.

Pete Wilson 136 Cornel questioned the hookup of the new water lines.

Mr. Rademacher there will be multiple water line connections going into this new neighborhood.

Jody Beam at 111 Osier Drive stated the roads at Dogwood Lakes are the narrow roads and some roads are narrower than others. She stated she lives one house from the dead end.

Mr. Rademacher stated the roads met the Fire Marshalls standard for the state of North Carolina. All public streets are a minimum of 20 feet wide.

Lora Rose at 114 Osier Drive stated she purchased this house because it was at the end of road. There is a neighborhood opinion to not have the inner connectivity.

Will Tate at 100 Cornel Lane was very supportive of the sidewalks. He stated he has concerns in regards to traffic and the speed at which the vehicles travel. He is requesting more control inside the neighborhood, an ask for more coverage from the police department. He also raised concerns about the stop signs inside the neighborhood.

Peter Solan at the Arbors stated he has spoken to the developer and he feels that the same traits will be upheld.

Jim Conway at 104 Hop Tree Branch stated he was a victim of a home break-in and increasing traffic will also raise crime.

Closed 7:56pm

Mrs. Albury made a motion to approve the rezoning to MFC. Mr. Helms seconded the motion and it was carried.

Open 7:57pm

Conditional Use Permit

Donna Thigpen 7th St ask if the connectivity regulation was local or state.

Mr. Rademacher stated it is a local law.

Closed 8:14pm

  1. The use requested is listed among the conditional uses in the district for which the application is made.

Mr. Fowler made a motion to approve the finding to be true. Mrs. Albury seconded the motion and it was carried.

  1. The requested use will not impair the integrity or character of the surrounding or adjoining districts nor adversely affect the safety, health, morals or welfare of the community or the immediate neighbors of the property.

Mr. Fowler made a motion to approve the finding to be true. Mr. Helms seconded the motion and it was carried.

  1. The requested use is essential or desirable to the public convenience or welfare

Mr. Fowler made a motion to approve the finding to be true. Mrs. Albury seconded the motion and it was carried.

  1. The requested use will be in conformity with the land use plan.

Mr. Helms made a motion to approve the finding to be true. Mrs. Batts seconded the motion and it was carried.

  1. Adequate utilities, access roads, drainage, sanitation, or other necessary facilities have been or are being provided.

Mr. Helms made a motion to approve the finding to be true. Mr. Fowler seconded the motion and it was carried.

  1. Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize the traffic congestion in the public streets.

Mrs. Albury made a motion to approve the finding to be true. Mr. Fowler seconded the motion and it was carried.

  1. The conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located.

Mr. Helms made a motion to approve the finding to be true. Mr. Fowler seconded the motion and it was carried.

I.Public Forum

Dorothy Royal at Atkinson Point questioned the turn in at McDonalds, she stated that people drive over it all the time. There was the same one at Foodlion but has since been removed. She ask if the bumper could be removed.

Mr. Bergman stated this was a DOT improvement as a condition of the improvements at Wal-Mart. They have said in the past that intersections like this are under review constantly as traffic patterns change.

J.Council Forum

Mr. Fowler stated he thanked everyone for coming out tonight. It is always nice to hear all the comments. Some of the problems that have arisen tonight is a lack of communication. All the comments were heard and thank you for your courage. There is still a lot of activity at Parks and Recreation, there are tons of classes for any age group.

Mrs. Albury stated she thanked everyone for coming out. The comments have been heard and Dogwood Lakes will get the stop signs. She hoped everyone will come back next month.

Mrs. Batts stated that all the comments are greatly appreciated, and that is nice to hear all the concerns for our community. She stated she felt for the families on Osier and hopes they can find a solution. Crpl Peterson took time to take a picture with a child who had looked forward to meeting him and his service dog all summer.

Mr. Helms stated he thanked everyone for coming and for their comments and concerns. She stated Dogwood Lakes is a great neighborhood and we are going to address these stop sign issues. Hopefully there will not be any problems when this project is done, this connectivity is a public safety issue and it must be addressed. The fire department had 34 incidents last month and 13 of them were overlaps going two separate places at the same time. They had 155 training hours this month for the department.

Mayor Medlin stated he appreciated everyone coming out tonight. He welcomed everyone for coming and was thankful for all the comments and concerns. He hoped everyone would be back next month. The Gettigner Family sent a thank you note for the flowers provided for the funeral. Coffee with the Cops was at Surf City BBQ and there was a great turnout.

Two new officers have joined the team this past month.

K.Manager Reports

Mr. Bergman discussedthe previous work session with TI Coastal we discussed private beach nourishment, we are awaiting an estimate from Mr. Gibson at this time. The 9th St access is finished and opened.

L.Town Attorney Reports
M.Closed Session – NCGS 143-618.11(a)(6)

Mr. Albury made a motion to go into closed session. Mr. Helms seconded the motion and it was carried.

Mr. Helms made a motion to go into regular session. Mr. Fowler seconded the motion and it was carried.

N.Adjournment

Mrs. Albury made a motion to adjourn the meeting. Mr. Helms seconded the motion and it was carried.

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Douglas C. Medlin, Mayor

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Stephanie Edwards Hobbs, Town Clerk

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