TOWN OF SWANSBORO

PLANNING BOARD

REGULAR MEETING AGENDA

July 1, 2019 Town Hall Community Room

Monday 6:00 PM 601 W. Corbett Avenue

1. Call to Order

2. Meeting Minutes

A. April 1, 2019 Regular Meeting

B. May 6, 2019 Regular Meeting

C. May 9, 2019 Special Meeting

3. New Business

A. UDO Text Amendment Related to Stormwater Certification Standards

This draft text amendment is proposed to modify Section 152.355 and Appendix IV to

include standards for As builts and engineer’s certifications documenting the stormwater

structure(s) is built as designed and approved by the NCDEQ and sealed by a licensed

surveyor.

Action Needed: Consider recommending approval of the UDO text amendment to the

Board of Commissioners for their review.

4. Chairman/Board Thoughts/Staff Comments

5. Public Comments

6. Adjournment

Swansboro Planning Board

Regular Meeting Minutes

April 1, 2019

Page 1 of 3

Call to Order

The meeting was called to order at 6:00 pm. Board members in attendance were: Ralph

Kohlmann, Christina Ramsey, Brad Vinson, Laurent Meilleur, Larry Philpott, and Jerry

Seddon. Walter Hancock arrived at 6:11 pm.

Approval of Minutes

On a motion by Mrs. Ramsey, seconded by Mr. Vinson, the meeting minutes for

February 4, 2019, were approved unanimously.

On a motion by Mrs. Ramsey, seconded by Mr. Meilleur, the meeting minutes for

February 7, 2019, were approved unanimously.

New Business

McKnight Rezoning Request/Hammocks Beach Road

Mrs. Correll reviewed that the McKnight family was seeking to rezone approximately

1.348 acres along Hammocks Beach Road from RA – Residential/Agricultural to B1 –

Highway Business. The parcels were identified as tax parcels 1319-63 and 1319-63.1.

Mrs. Correll noted that the rezoning would be consistent with the 2009 Land Use Plan

(Future LU Map) which identifies the parcels as commercial and the 2019 CAMA Land

Use Update (Future LU Map) which identified the parcel as Suburban Town Center

(STC). Three of the adjoining parcels were zoned commercial/townhouse development.

Jay McCloud of Stewart Engineering presented on behalf of the applicant and reviewed

the following slides.

Page 2 of 3

The board allowed for public comment. Those who spoke were:

Mr. McKnight shared that Mrs. McKnight grew up in the area and was not coming from

out of Town to develop.

On a motion by Mr. Philpott, seconded by Mr. Vinson the rezoning request was

approved unanimously.

Swansgate Subdivision Preliminary Plat Review

Parker and Associates, on behalf of A. Sydes Construction, Inc., was requesting

preliminary plat approval for the Swansgate subdivision, located near the intersection

of Main Street Extension and Swansboro Loop Road. One entrance would connect to

Main Street Extension and the other to Swansboro Loop Road. No direct driveway

accesses were proposed on Main Street Extension or Swansboro Loop Road. The

property was within the Town’s ETJ and could be voluntarily annexed by the

developer. Swansgate was contiguous to the town limits.

The subdivision would consist of 35 lots on 21.95 acres and is zoned R20SF and would

be developed on the Residential Cluster Development option using R-20SF dimensional

standards. The subdivision would be served on by Onslow Water and Sewer Authority.

Recently some land clearing on the site had begun that was not allowed. Mrs. Correll

addressed the violation and indicated that the developer would be required to plant 115

three-inch trees to meet buffer requirements.

Mrs. Correll reviewed that a deed of 4.48 acres of open space to the Town was

recommended to be accepted instead of the fee in lieu of recreation space. She shared

that this would be the wetlands portion and would most likely remain in wild state

until greenway planning was further along.

In response to inquiries from the Board, Mrs. Correll reviewed/clarified the following:

• Fencing requirements

• Fee in lieu of Recreation space would be $10,000+/-

• If deed of open space accepted the recreation area would be accessed by a

sidewalk from Main Street Extension and Swansboro Loop Road

• Lot 5 needed to be condition to 12,000 square feet to meet the criteria for lot

design per Town code

• The state stormwater permit application had been submitted – still pending

approval

• Erosion and sedimentation control plans were approved March 21, 2019 by

NPDES

Page 3 of 3

In response to an inquiry from the Board, Jonathan McDaniel of Bell and Phillips

reviewed the proposed stormwater control drainage and indicated that the drainage

towards the Deer Run subdivision would not be anymore than what already naturally

went to Deer Run. He shared that the ditches were designed to be flat to slow drainage.

The Board made referenced to the Public Works Director/Building Inspector’s TRC

comment of “Storm water runoff not to be directed in the direction of Deer Run Subdivision”

and felt that further clarification from him was needed.

On a motion by Mr. Meilleur, seconded by Mrs. Ramsey, the Swansgate Preliminary

Plat Review was unanimously tabled to the next regular meeting to obtain further

clarification from Mr. Stipe on his TRC comment pertaining to stormwater runoff.

Old Business

Unified Development Ordinance Amendment related to MI Light Industrial

After discussion at the February 7th, March 4th and March 7th meetings, the ordinance

amendment related to MI Light Industrial was finalized for review and approval.

The board reviewed the amendment and provided the following edits to the note on MI

uses in the Table of Permitted Uses.

**** In the MI Light Industrial Districts as provided under Section 152.180 (LL) Note 38

setback of 200 feet from NC Highway 24 and stepback one foot for each foot over 35 feet not to

exceed 45 feet. The building size of 160,000 square feet is permissible for manufacturing and/or

distribution uses only. All other uses in the MI are limited to 40,000 square feet. Only up to one

2,000 square foot portion of any MI building may be used for retail or service purposes.

On a motion by Mr. Kohlmann seconded by Mr. Vinson the proposed amendment with

the indicated wording edit to the note on MI uses in the Table of Permitted Uses was

unanimously recommended for approval to the Board of Commissioners.

Special Meeting Dates Discussion

On a motion by Mr. Kohlmann seconded by Mr. Seddon, the April 4, 2019 special

meeting was canceled. The item scheduled for discussion on that date would be

handled at the May 9, 2019 special meeting.

Adjournment

On a motion by Mr. Meilleur, seconded by Mr. Philpott, the meeting was adjourned at

8:10 pm with unanimous approval.

Swansboro Planning Board

Regular Meeting Minutes

May 6, 2019

Page 1 of 4

Call to Order

The meeting was called to order at 6:00 pm. Board members in attendance were: Ralph

Kohlmann, Christina Ramsey, Laurent Meilleur, Larry Philpott, and Jerry Seddon.

Walter Hancock and Brad Vinson were absent.

Approval of Minutes

On a motion by Mr. Philpott, seconded by Mr. Seddon, the meeting minutes for March

4, 2019, were approved unanimously.

On a motion by Mr. Meilleur, seconded by Mr. Philpott, the meeting minutes for March

7, 2019, were approved unanimously.

New Business

Special Use Permit – Bubba’s Pizzeria/108-3&4 Front Street

Fred Smith was seeking a Special Use Permit to operate Bubba’s Pizzeria at 108 W.

Corbett Avenue in units 3 and 4 adjacent to Bicentennial Park. The property was zoned

B-2 (General Business) with the 2009 CAMA Core Land Use Plan depicting the parcel as

commercial and the 2019 CAMA Land Use Update depicting the parcel as Traditional

Town Center. The proposed use was consistent with the Land Use Plan. The property

was further identified as tax reference map number 1407-1.1 containing 0.09 acres was

located along the northwest side of Corbett Avenue with frontage along the White Oak

River. A CAMA permit would be required for the proposed open deck.

The Board allowed for public comment, those who spoke were:

Applicant, Fred Smith and property owner Tony Howell addressed the board and

shared that they were in discussion with neighboring property owner to utilize the

parking located behind the building.

Brent Lanier shared that he owned and operated the Swansboro Paddle Board Shop

located next to the proposed pizzeria. He felt that the only time there were parking

issues at the location were on Saturday’s from 10 am to noon.

On a motion by Mr. Meilleur, seconded by Mr. Philpott, the Board unanimously

recommended approval of a Bubba’s Pizzeria/131 Front Street Special Use Permit to the

Board of Commissioners based on the following criteria:

(1) The special use was allowed pursuant to § 152.210 and meets all the required

conditions and specifications, including without limitation, those set out in §

152.211. All Board members agreed.

Page 2 of 4

(2) The special use will not materially endanger the public health or safety if located

where proposed and developed according to the plan as submitted and

approved. All Board members agreed.

(3) The special use will not substantially injure the value of adjoining or abutting

property. OR the special use was a public necessity. All Board members agreed.

(4) The location and character of the special use, if developed according to the plan

as submitted and approved, will be in harmony with the area in which it was

located. The special use shall demonstrate conformance to the Land Use Plan or

other plan in effect at the time and address impacts of the project as required by

G.S. §160A-382(b). All Board members agreed.

Special Use Permit – Sander’s Ford Repair Shop/924 W. Corbett Avenue

Dave Newsom, PE of Crystal Coast Engineering was seeking a Special Use Permit for

Sanders Ford to locate a repair shop at the existing dealership. The repair shop would

be located on a 2.24 - acre tract located east of the current dealership building at 924 W.

Corbett Avenue. The property was further identified as tax reference number 1319-199

and was zoned B-1 (Highway Business). The 2009 CAMA Core Land Use Plan depicted

the parcel a commercial and the 2019 CAMA Land Use Update depicted the parcel as

Gateway Corridor. The proposed use was consistent with the Land Use Plan.

Mr. Newsom shared that approximate 4,000 square feet of the existing asphalt would be

removed where the building was proposed and then all stormwater runoff would sheet

flow to the rear of the property. An easement to the Town of maintenance of the

drainage ditch would be provided in addition to providing fencing and vegetation

plantings to meet buffer requirements.

Michael Elks of Atlantic Contracting & Design out of Jacksonville shared that the

building was designed to be able to accommodate larger vehicles such as RVs and that

there was not any intent to be a need for a paint booth in the building now or in the

future. The proposed use would be for a vehicle service/repair not body work.

Additionally, he shared that the building façade would be brick and stucco with no

exposed metal.

The board did not feel that Recreational Vehicle repair was an appropriate use under

the special use permit request. The applicant agreed to remove RV repair as an offered

option.

On a motion by Mr. Meilleur, seconded by Mr. Philpott, the Board unanimously

recommended approval of Sander’s Ford Repair Shop/924 W. Corbett Avenue Special

Use Permit to the Board of Commissioners based on the following criteria:

Page 3 of 4

(1) The special use was allowed pursuant to § 152.210 and meets all the required

conditions and specifications, including without limitation, those set out in §

152.211. All Board members agreed.

(2) The special use will not materially endanger the public health or safety if located

where proposed and developed according to the plan as submitted and

approved. All Board members agreed.

(3) The special use will not substantially injure the value of adjoining or abutting

property. OR the special use was a public necessity. All Board members agreed.

(4) The location and character of the special use, if developed according to the plan

as submitted and approved, will be in harmony with the area in which it was

located. The special use shall demonstrate conformance to the Land Use Plan or

other plan in effect at the time and address impacts of the project as required by

G.S. §160A-382(b). All Board members agreed.

(5) Upon the issuance of any special use permit, the Board of Commissioners shall

consider whether it was necessary or appropriate to affix conditions thereto for

the purposes of protecting neighboring properties and/or the public interest

assuring that the use was harmonious with the area, and ensuring that the use

was consistent with the spirit of the ordinance, and shall affix to such permit

such reasonable and appropriate conditions as it finds are necessary for any of

those purposes. If any conditions affixed to any special use permit or any part

thereof was held invalid by any competent authority, then said special use

permit shall be void.

a. In the event the applicant elects to have Recreation Vehicle repair,

and/or a paint/body work, an amendment to the Special Use permit

will be required.

Old Business

Swansgate Subdivison Preliminary Plat Review

At the April 1, 2019 regular meeting, Parker and Associates, on behalf of A. Sydes

Construction, Inc., requested preliminary plat approval for the Swansgate subdivision,

located near the intersection of Main Street Extension and Swansboro Loop Road. The

item was tabled for further clarification on TRC comments provided by the Building

Inspector related to stormwater runoff.

Mrs. Correll shared that since their last meeting to review this item she found issue with

the proposed fencing and recommended the fencing requirement be a 3-post farm like

fencing with hog wire.

Jonathan McDaniel, PE with Parks & Associates address the Board and confirmed that

the only changes made since the April meeting was the increase in the size of Lots 5 & 6.

Page 4 of 4

He reviewed that approval had been received from ONWASA to provide the water and

sewer, but the stormwater permit submitted to the state was still pending.

The Board members shared that they were concern with the impact of stormwater

runoff on the already stressed infrastructure in the area.

Charles Lanier, Attorney for the developer addressed the Board sharing that his client

has satisfied the requirements to apply for plat approval and the board should not add

requirements that are not applicable.

On a motion my Mr. Meilleur, seconded by Mr. Seddon the Preliminary Plat Review for

Swansgate Subdivision was approved for consideration by the Board of Commissioners

with the following conditions:

• Approved Stormwater and DNR permits

• Rural board fence abutting the agriculturally zoned properties

• Completion of a study by the Town’s Public Works Department or designee on

the impact to the Towns stormwater infrastructure from the proposed Swansgate

subdivision development.

Adjournment

On a motion by Mr. Meilleur, seconded by Mr. Philpott, the meeting was adjourned at

8:00 pm with unanimous approval.

Swansboro Planning Board Special Meeting Minutes

May 9, 2019

Page 1 of 1

Call to Order The meeting was called to order at 6:00 pm. Board members in attendance were: Ralph Kohlmann, Christina Ramsey, Laurent Meilleur, Larry Philpott, Walter Hancock and Jerry Seddon. Brad Vinson was absent.

New Business UDO Text Amendment Related to the RA Residential Agricultural Zoning District Mrs. Correll reviewed that the proposed text amendment was to change the size of the building lots in RA from 1.5 acres to 3.0 acres and create zoning standards and strategies to address development in and near rural areas. Mrs. Correll shared that she had sent notice to 47 residents/stakeholders that would be affected by this change in hopes that they could provide their opinions. There we none in attendance of the meeting therefore she recommended the Board table their decision to allow another chance for input.

The board reviewed the amendment and Mrs. Correll clarified the following to address their inquiries:

• 3 acres was a consistent measurement to other municipalities • Property owners could apply to change the zoning of their property

On a motion by Mr. Meilleur, seconded by Mr. Philpott the UDO text amendment was tabled to the June 3, 2019 regular meeting. The motion carried 4:2. Ayes: Kohlmann, Meilleur, Philpott, Seddon Noes: Hancock, Ramsey

Adjournment On a motion by Mr. Seddon, seconded by Mr. Philpott, the meeting was adjourned at 6:25 pm with unanimous approval.

Planning Board Meeting

Agenda Item Submittal

Item To Be Considered: UDO Amendment Related to Stormwater Certification Standards

Board Meeting Date: July 1, 2019

Prepared By: Andrea Correll, AICP, Planner

Overview:

This draft text amendment is proposed to modify Section 152.355 and Appendix IV to include

standards for As builts and engineer’s certifications documenting the stormwater structure(s) is

built as designed and approved by the NCDEQ and sealed by a licensed surveyor.

Background Attachment(s):

Draft Ordinance

Recommended Action:

1) Motion to recommend the text amendment for approval to the Board of Commissioners.

TOWN OF SWANSBORO

ORDINANCE 2019-O6

AN ORDINANCE AMENDING THE TOWN CODE OF ORDINANCES CHAPTER 152:

UNIFIED DEVELOPMENT ORDINANCE (UDO) UTLITIES AND STORMWATER

MANAGEMENT, SECTION 152.355: PROVIDING STANDARDS FOR

STORMWATER AS BUILTS AND ENGINEERING CERTIFICATION.

NOW BE IT ORDAINED by the Board of Commissioners of the Town of Swansboro:

Section 1. The Town of Swansboro Code of Ordinances, Chapter 152, Section 152.355 (c)

(3) amended below:

152.355 UTILITIES AND STORMWATER MANAGEMENT.

(C) Public water, and sewer and stormwater construction requirements.

(3) As-built drawings shall be submitted to the Administrator within 30 days of the

completion or installation for required utility, stormwater, streets, parks, and recreational

improvements. Upon completion of construction of stormwater structures and prior to

acceptance of new infrastructure or issuance of a certificate of occupancy by the Town of

Swansboro, a signed/sealed As-built set of drawings shall be submitted. The As-built drawings

shall include the engineer’s sealed statement that the storm water structure(s) is built as designed

and approved by the NCDEQ and must also be sealed by a licensed surveyor. Final plat

approval shall be withheld until all required as-built drawings are provided to the Town.

(space left blank intentionally)

Section 2. The Town of Swansboro Code of Ordinances, Chapter 152, Appendix IV Information Required with Applications, Site Plans, Subdivision Plats to be

amended at the end of the submittal matrix:

Information

Subdivision Plats

Plot Plan Zoning Permit/ Site Plan

Minor Plat

Major

Preliminary Plat

Final Plat

As-Built Checklist

Upon completion of construction of stormwater structures and prior to

acceptance of new infrastructure or issuance of a certificate of occupancy

by the Town of Swansboro, a signed/sealed As-built set of drawings shall

be submitted. The As-built drawings shall include the engineer’s sealed

statement that the storm water structure(s) is built as designed and

approved by the NCDEQ and must also be sealed by a licensed surveyor.

The following check list is provided as a guide to indicate the items that

are expected to be included with the as built drawings. This checklist

should be included with the as built submittal, and each blank should be

initialed by the applicant as being included on the as built or marked n/a

if not applicable to the project.

All Final As-Built Submittal Packages shall contain:

___ 2 sets of signed and sealed plan sheets – 24”X36”

____ Sealed cover letter from the professional engineer certifying at

stormwater structure are built as designed and approved by NCDEQ.

As-Built Information

Submitted by _____________

Phone#___________________

Transmittal Date___________

X X

Section 3. This ordinance shall be effective upon its adoption.

Adopted by the Board of Commissioners in regular session, July 23, 2019.

Attest:

_______________________ __________________________

John Davis, Mayor Paula Webb, Town Clerk