DRAFT
MINUTES
Town of Blowing Rock
Board of Commissioners
Special Meeting-August 11, 2008
The
Town of Blowing Rock Board of Commissioners held a special meeting on Monday,
August 11, 2008 at 7:00 p.m. The meeting
took place in the Council Chambers at
Commissioner
Phil Pickett was recused from the meeting due to a conflict of interest.
CALL TO ORDER
Mayor
Lawrence called the meeting to order at 7:00 p.m. He announced the regular meeting on Tuesday,
August 12, 2008 would be called to order at Town Hall then recessed and moved
to the Blowing Rock School Auditorium to insure seating for all who attend.
PUBLIC HEARING
Mayor
Lawrence gave a brief summary of the proposed CUP #2007-04 request from Chetola
Severn Partners, LLC for a multi-phase project to include a 72-room hotel, 2
restaurants, 21,000 SF of retail mixed with 16,000 SF of office space and 36
condominium units on a 7.28 acre vacant parcel along
Town
Legal Counsel Mr. Tom Terrell was called upon to give a brief synopsis
regarding the legal aspects of the proposed request. Mr. Terrell commended Town Staff and Attorney
Moseley for their work regarding this project.
Mr. Terrell continued by stating this was a quasi-judicial proceeding to
be based on factual evidence given and by sworn testimony. The evidence should be competent (not hearsay),
material (relating to specific issue) and substantive (such as that a
reasonable person would accept as adequate).
Mr. Terrell stressed the need for an impartial decision to be made.
Mr.
Terrell addressed the following standards in which Council should base their
decision. They were as follows:
4.
The project conforms
with the Town Master Plan.
At
this time, several attendees were sworn to speak during the public hearing.
Planning
Director Rothrock advised the project was planned for the 7.28-acres vacant lot
across from Boxwood Lodge, and based on proposed density, the project would
require 2.98 acres of off-site pervious areas instead of 1.47 acres previously
thought.
A
brief site overview was given regarding zoning, setbacks, and access. According to Mr. Rothrock, on February 13, 2008,
a public hearing was held. Upon conclusion of the hearing, Council agreed to
table their decision until further information could be attained. Over the past few months, Town Staff, Attorney
Moseley and outside counsel, Tom Terrell had worked with the Applicant to
resolve Council issues.
Mr.
Rothrock continued with several resolved issues such as; storm water detention,
impervious surfaces, parking, access, design review process and commercial
design, sidewalks, water availability, and retaining walls. Issues to be resolved were building height
and tree protection.
In
reference to storm water detention, Mr. Rothrock advised the Applicant was
proposing to convey all of the storm water generated from the site directly
into the Middle Fork of the New River in an area that presently serves as the
forebay for
The
Applicant also proposed to install a storm water detention device to treat the
flow (remove hydrocarbons, such as oil, grease, etc.) before it entered into
Next,
Mr. Rothrock addressed impervious surfaces by stating the residential portion
of the project (2.76 acres) was limited to 24% impervious surfaces and the
proposed project met the requirements.
The
Applicant was requesting a Special Intensity Allocation to exceed the standard
built-upon surfaces areas (36%) of the commercial portion of the project. The commercial portion (4.52 acres) would
need more than the 70% impervious surfaces Special Intensity Allocation. Proposed in the project was 2.98 acres of
off-site pervious areas along the southern shoreline of
In
reference to parking for the project, Mr. Rothrock stated 388 parking spaces
were required and 402 spaces were proposed. Previously the project was 28
spaces short of Town requirements, but now had 14 surplus spaces and through
negotiations with the Town, the Applicant would pay $165,000 into the Parking
Fund the equivalent of 11 spaces.
Mr.
Rothrock summarized access to the site would be provided through a driveway
connection onto Main Street south of the entrance to Chetola Resort and a
connection onto Hill Street. According
to Mr. Rothrock, a Traffic Impact Analysis (TIA) summarizing traffic patterns
associated with the project was done by Kimley-Horn and Associates. Previously Council had concerns about the
accuracy of the TIA and the need for a left turn lane at the driveway located
on
According
to Mr. Rothrock, the designs for the buildings were changed and improved from
the original submittal to better reflect the Land Use Ordinance standards. Each building or group of buildings will have
to be approved by Council prior to issuance of a building permit.
A
sidewalk was proposed along the entire length of
Regarding
water availability, due to the State’s inability to issue permits for public
water line extensions in Blowing Rock, the entire project would not be eligible
for public water service at the present time. Buildings fronting
Mr.
Rothrock stated all retaining walls along
Issues
unresolved were building heights and tree protection. Mr. Rothrock stated that all buildings as
proposed met the applicable building heights except residential building
labeled A and G on the plans. The
four-unit buildings in the design packet indicate an overall building height of
40 feet. According to code, buildings A
&G cannot exceed 30 feet above the proposed sidewalk unless approved by
Council.
Mr.
Rothrock also stated, given the extensive grading required for the project, it
was apparent that most of the trees on the southwest corner of the hotel near
Hill Street could be retained if efforts were made on the front end during the
design and review phase. Mr. Rothrock
stated trees in this area would enhance the visual impact of the project on the
northbound side of
Mr.
Rothrock summarized that the project complied with the ordinance requirements
for storm water detention, parking, sidewalks, and water service.
Waivers
requested for the project were as follows:
Commissioner
Yount questioned the summary given by Mr. Rothrock regarding storm water
detention. He assumed this would be
voted on by Council. Mr. Rothrock stated
the Applicant had met the requirements especially with the device to remove
hydro carbons and Council would have to approve the system.
Mr.
Yount inquired how many cars the proposed turn lane would hold. Mr. Rothrock stated the turn lane would store
no less than three cars at a time.
Commissioners Yount, Tester, and Ball were unclear regarding the process
for the design review plan. Mr. Rothrock
clarified this by stating the building designs would first come to Staff for
review, but Council would have the final approval of the design.
Mr.
Tom Terrell gave a brief recap of the proposed project. He thanked Town Manager Hildebran and members
of staff for their efforts in looking out for the Town’s best interests. He advised the Applicant had met or exceeded
90% of Council’s concerns regarding their project. Mr. Terrell mentioned one of
Council’s main concerns was preservation of the environment. He advised the Applicant had met the off site
and on site storm water detention requirements.
He
also stated the proposed project had exceeded parking requirements by 25
spaces.
Regarding
access to the project, Mr. Terrell stated originally NCDOT and the traffic
study did not require a turn lane, but with this being a key concern of
Council’s, a turn lane would be installed.
Sidewalk
requirements for the project were also met and the Applicant would pay for any
utility poles that needed to be moved and other expenses incurred.
During
the original CUP request, the Applicant asked to be exempted from water/sewer
availability fees because of improvements they would be making, but, they now
would pay all availability fees and pay $151,000 into a fund earmarked for the
water interconnection between Blowing Rock and Boone.
Regarding
building designs, Mr. Terrell stated the intent was for Council to have the
final say over any building design before a building permit could be
issued. They would have ultimate control
over all building designs.
Commissioner
Tester stated in reference to Council’s approval of the concept and later
detailed design plans he was concerned if a future Council decided they wanted
the concept to change what the process would be? Mr. Terrell responded if the concept were to
be changed, the Applicant would have to go through the CUP process again with
another public hearing, etc. but a minor concept change could be handled by
staff.
Representing
Chetola Severn Partners, LLC, Mr. Tom Griffin began by thanking Town Staff, Town
Attorney Moseley and Mr. Terrell for their countless hours spent on the
project. He felt this was a “win/win”
situation and their project was better off in the process with changes Council
had suggested they make. He advised it
was their intent for Council to have final approval of all building designs for
the project and clarification would be made to the CUP stating this.
Mr.
Griffin also advised that Council had received a notebook from the Chetola
Severn Group. He went on to highlight several areas of concern noted in the
book. He stated it was very important
that Council know their group was not asking for a waiver regarding the height
of Buildings A and G. He advised these
buildings would not exceed 30 feet.
Also,
regarding storm water, the device to be installed on site would capture 80% of
all total suspended solids.
Mr.
Griffin continued in regard to the Special Intensity Allocation request. He stated their group had worked hard and he
felt their project was consistent with Blowing Rock and the business core
density. He stated calculations had been
made to off-set the pervious area ratio 2.92 acres to 1 acre. According to Mr. Griffin, part of this would
be located off-site on Chetola property, but a title transfer would be done for
this area to their group. He felt this
would satisfy the code requirements regarding pervious and impervious areas.
Commissioner
Tester had questions regarding the transfer of property to Chetola Severn. Mr. Tester felt the calculations did not work
unless the land was rezoned commercial.
After
further discussion on how the 3 to 1 ratio calculation were attained,
Commissioner Tester asked the record to reflect that in Mr. Moseley’s, Mr.
Griffin’s, and Mr. DiSanti’s opinion it was legal to use off-site property to
off-set density requirements for the project and should this come before a court
of law, the record would state this was legal for the Town to do. Mr. Griffin stated in his opinion this was
legal due to the fact the land was owned by the Chetola Severn Group.
Mr.
Moseley concurred with Mr. Griffin. He
stated Town Ordinance did not specifically address this, but he felt there was
legal basis for the Town to allow this request and he was comfortable allowing
this to be done.
Mr.
Terrell also agreed by stating he had traveled extensively throughout
Commissioner
Tester felt that reverse engineering was done to come to the calculations they
were proposing. Mr. Griffin assured Mr.
Tester that was not the case.
After
further discussion on this issue, Mr. Griffin continued discussion regarding
the group’s intent to save as many healthy trees as possible and this would be
reflected in the CUP. He advised a Tree
Save Plan would be given to Council for their review.
Commissioner
Ball asked Mr. Terrell for his opinion regarding the Special Intensity
Allocation. Mr. Terrell explained that
General Statutes mandate that towns adopt watershed regulations and incorporate
them into the land use ordinance. If the
regulations were to be changed a public notice and hearing would be
needed. He stated regulations were
different for a Class IV watershed such as this project was located, than in
other watershed areas. Class IV was not
to exceed 70% impervious service.
Commissioner
Tester requested the formula used be clearly documented for future
reference. Mr. Terrell assured Mr.
Tester that he and Mr. Rothrock had looked at this and felt Chetola Severn had
exceeded legal requirements regarding this issue. Mr. Tester again stated that he wanted the
formula documented should this situation arise again with someone else.
Commissioner
Ball conveyed that she did not understand the concept regarding density and
swapping property to fulfill the requirements, and while looking at the project,
the density/mass was still visible. She was unclear how the property proposed
to offset this could be located elsewhere, and why. Mr. Griffin answered the
density regulations pertained to watershed only, not viewshed and a certain
percentage of pervious surfaces had to remain for the percentage of developed
surface and the SIA is authorized by the Town from watershed rules and
regulations.
In
reference to storm water, Mr. Tester asked that someone address the treatment
process that is to be used on water entering the
Commissioner
Tester asked what level of filtering would happen before the water entered into
Commissioner
Ball inquired how long the device had been in use. Mr. Chapman stated he was unsure but in all
probability around 5 to 8 years. She
also asked who would be maintaining the device.
Mr. Chapman stated it would be the Applicant’s responsibility and an
agreement would be needed. Mr. Tester
stated according to his research, the device needed to be looked at every 3 to
4 months and the filter changed every 6 months, so regular maintenance would be
needed. Mr. Tester stated it looks
promising and was glad to see this being done.
Mayor
Lawrence called for a short recess at 8:50 p.m.
Upon
reconvening, Mr. Kent Tarbutton presented a power point presentation showing
the view of the project from
Commissioner
Tester had concerns regarding the impact this project would have on the town
water system. Doug Chapman stated, in
his opinion, the impact would be approximately 35,000 to 37,000 gallons per day
when the project was built out. Mr.
Hildebran stated these calculations were based on an average use of 500,000
gallons per day for the entire Town.
Public Works Director Johnny Lentz stated the town currently used approximately
700,000 per day in the summer and 200,000-300,000 gallons per day in the
winter. Mr. Tester asked if the buildings to be hooked to wells would be
treated at the WTP or flow directly to the buildings. Mr. Chapman stated the Applicant would run the
well water straight into the buildings, it would not be sent through the town
treatment system. The wells would also be permitted through the County Health
Department and there was a possibility of sharing wells. Mr.
Tester inquired if the loop system were installed what buildings would be
hooked up. He also spoke of the liability for the wells and supplying untreated
water to owners. Mr. Tarbutton stated all the condos would not go on line in 2
years. Hopefully the water situation would improve and the wells would not be
needed.
Mr.
Tester stated originally it was thought the project would be built out in a 2
year period and now it looked as if this would not happen. He wanted to know the timeframe on phase one
and what would be included in that phase. Chetola Severn stated in all
probability it would be 20 to 24 months for phase one after receiving approval
from the Town to build the hotel, retail spaces and offices.
Commissioner
Ball had questions regarding Item #10 on page 11 of the draft CUP pertaining to
lighting. Mrs. Ball stated that she
would like to see defused lighting in the residential area. Chetola Severn
agreed to that change. She also addressed Item #14 solid waste collection. She wanted the trash containers to be
screened. Mr. Tarbutton stated they
would be screened and the residential units would have roll-out containers.
Mr.
Griffin asked that all materials given during the public hearing be included in
the evidence.
Ms.
Ginny Stevens of
“Do
we know enough to answer these questions?” Mrs. Stevens asked. She urged Council to consider these concerns
while making their decision.
Mr.
John Aldridge of
·
What is the financial
capability of this group?
·
Will they do a
good job?
·
Who will the
contractors be?
·
Will the office spaces
be condominiumized and sold or be rentals?
·
Will this project
be done in a first class manner by financially sound people?
·
Are they strong
enough to do this project, because the entrance to the village is in their hands?
Douglas
Wilkins representative of Chetola Severn Partners asked to address some of Mr.
Aldridge’s concerns. Mr. Wilkins stated
he and Pat McAteer were primary owners of the property as well as having a
joint venture partner who is injecting quite a bit of equity in the
project. He stated the residential units
would be sold. However, the group would retain ownership of the remainder of
the project to keep the control they wanted for things to be done
properly. Mr. Wilkins stated his group
was very committed to this project and they were very fortunate to have someone
such as Mr. Tarbutton on board, and others who lived in the Blowing Rock area.
Mr.
Richard Goosman, of
He
also spoke regarding silt entering into the rivers and lakes in the area during
large storms and how it could not be stopped.
Mr.
Goosman advised that recently he had attended a meeting on what the residents
and merchants wanted to see in Blowing Rock and heard various suggestions, one
being less density. He thought there was a great disparity in the property
values between residential property near town and commercial property located
in town and with the values and cost of commercial property you needed to
utilize it to the fullest.
Mr.
Steve Clipp, of
With
no further questions or comments from audience members, Mayor Lawrence asked if
Council had further questions for the project developers or staff.
Commissioner
Tester thanked Chetola Severn Partners, LLC for their efforts in reworking
their plans to meet Councils concerns.
He had further questions regarding the proposed turn lane and widening
of the entrance to improve visibility.
He inquired if the traffic study was the reason for these improvements.
Mr.
Tarbutton stated per Council request Chetola Severn had another TIA done
including the turn lane and radius improvements at an extra cost of $75,000. He advised there were no technical basis from
NCDOT or from their study for the changes. He also stated the changes would reduce the
setbacks for the project. Mr. Tarbutton said the changes were made to meet
Council’s concerns regarding public safety.
Commissioner
Ball disagreed with Mr. Tarbutton, in her opinion the project would make a
large difference in traffic in that area because of the increase of entrances
and exits to the area.
Commissioner
Tester asked for someone to address the blasting issue. Mr. Tarbutton advised
Chetola Severn had gone beyond requirements getting bore samples of the site
and they did not intend to blast, but should this situation arise, they would
come back to Council to see how it should be dealt with.
Commissioner
Tester stated while looking at the diagrams presented in the notebook, there
would be a row of very large buildings at the road with parking for the project
inside. He wanted to know if the group
had ever considered moving the parking to the outside. Mr. Tarbutton responded aesthetically it
would be better with the parking on the inside so people wouldn’t be looking at
a large number of cars parked along the road.
Mr. Tester felt it would be easier to screen the cars than the back of
the large buildings with trees. He used
the large building located on
Mr.
Tarbutton stated the project would bring more people to town and increase the
length of their stay. He used
After
more discussion, Commissioner Tester stated maybe Council needed to step back
and review the Master Plan. Allowing a
project of this density would change the look of the town dramatically, and
some redesign was needed.
Commissioner
Tester said he was not against the retail shops, motel, and condos proposed,
but he was not in favor of how the project looked when you drove past it. The
Town had a beautiful remote entrance and this would change things dramatically.
And, if Council allowed this to happen, all control of anything short of mass
density would happen on Valley Boulevard because the Code is less strict in
that area.
He
advised that he would be in favor of the project if the density was within the
restrictions, but would not be in favor of allowing off-site property to be
applied toward density. Mr. Tester
stated he thought it was a clever idea for
Mr.
Tarbutton questioned why Council had not spoken of this before. He stated that Town Staff was aware as well
as Mr. Moseley. Mr. Moseley stated this
related to the issue of merging the properties to be included as part of
Chetola PUD because Chetola had property remaining in the residential area of
their PUD that could be carried over to the other property after the two merged
together.
After
further discussion regarding the merger of two properties, Mr. Tarbutton wanted
to know if this was a density issue only or aesthetic design. Commissioner Tester stated he was only
speaking for himself, but density was only a problem when it endangered public
health and safety or when it was staring you in the face. He stated if there was 50 feet between the
buildings and the road where trees could be planted to soften the look, instead
of looking at the backs of large buildings every time you drove through that
area, he wouldn’t have a problem with it.
Mr.
At
this time, members of Chetola Severn asked for a short break to consult with
one another. Mayor Lawrence called for a
short recess at 11:00 p.m.
Upon
reconvening at 11:15 p.m. Mr. Tony DiSanti spoke regarding the great deal of
work that had been done to accommodate the concerns of Council. He requested the public hearing for CUP
#2007-04 be continued until the next regularly scheduled meeting in September
in order for Chetola Severn to address Commissioner Tester’s concerns.
Commissioner
Yount stated he was in agreement with Mr. Tester’s concerns and made a motion
to allow for a continuance of the public hearing until September 9, 2008 at
7:00 p.m. The motion was seconded by Commissioner
Tester. Unanimously approved.
ADJOURN
There
being no further business to discuss the meeting adjourned at 11:25 p.m.
MAYOR
__________________________________
J.B. Lawrence
ATTEST__________________________________
Sharon Greene, Town Clerk
j