TOWN OF SWANSBORO Planning Board Regular Meeting Community Room AGENDA

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1 TOWN OF SWANSBORO Planning Board Regular Meeting Community Room April 4, 2016 Monday 6:00 pm Town Hall 601 W. Corbett Ave. AGENDA 1. Call to Order 2. Roll Call and Quorum Verification 3. Approval of Meeting Minutes A. March 7, 2016 Regular Meeting Minutes 4. Public Comment 5. New Business 6. Old Business A. Major Subdivision Preliminary Plat/Planned Building Group (The Hammocks at Port of Swansboro Phase II): 85 lots located s. side of NC Highway 24 between Hammocks Beach Road (SR 1511) and Old Hammocks Road (SR 1512) Please bring previous information provided. 7. Chairperson / Board / Staff Comments 8. Adjournment Board Members/Applicants: Please notify Eileen Sawyer whether or not you will be able to attend this meeting. Phone: esawyer@ci.swansboro.nc.us All applicants and/or representatives must be present for requests to be heard.

2 Minutes for March 7, 2016 to follow under separate cover.

3 Agenda Item 6-A Request for Planning Board Action To: Planning Board From: Subject: Date: April 4, 2016 REMINDER: J. Scott Chase, AICP Town Manager and Andrea Correll, Planner The Hammocks at Port of Swansboro Phase II (Preliminary Plat and Planned Building Group application for Townhomes (2 nd reading) Please bring previous materials provided in the January 5, February 2, and March 7 packets. Overview On Monday March 21 st at 4 pm two neighborhood representatives, the developer along with his engineer and staff meet to discuss neighborhood concerns and needed improvements. The changes to the neighborhood covenants, drainage improvements and three speed tables on the existing streets is outlined in Dr. Favata s memo and shown as attachment C. After meetings and phone calls received from both parties it is our professional opinion that the preliminary plat is ready for your consideration. JEJ Investors, Inc. is requesting preliminary plat and planned building group approval for The Hammocks at Port of Swansboro Phase II located on the s. side of NC Highway 24 between Hammocks Beach Road (SR 1511) and Old Hammocks Road (SR 1512). The subdivision will consist of 85 units on approximately acres. The property is within Town limits, and will be served by ONWASA water and sewer. The property is zoned B-1 and R-6 respectively. Per the plan and applicant, there will be no townhomes proposed in the B-1 zoned area, only an access road to the zoned R-6 property. Per the applicant, On November 19, 2013 the Town of Swansboro Board of Commissioners approved the Preliminary Plan and the Planned Building Group Plan. On September 21, 2015, the developer requested an extension of the approval of the Preliminary Plat/Preliminary Sketch Plan Planned Residential Development until November 11, 2016 (1.11). The request was denied per Section 20-13: Procedures for Plat Approval (G) Preliminary Plat Review and Approval Procedures (6) Preliminary Plat Duration. Per Section 20-13: Procedures for Plat Approval (G) Preliminary Plat Review and Approval Procedures (6) Preliminary Plat Duration. The subdivision shall submit to the Town Manager or his/her designee the final plat within one year (that is before the anniversary date) of the date upon which the Board of Commissioners as per subsections (4) and (5) above approved the preliminary plat. The Town Manager or his/her designee may in its sole discretion permit one (1) extension of one (1) year after approval upon the preliminary plat before the final plat must

4 be submitted. The preliminary plat thus must be reviewed again in its entirety. As noted previously the plat received Preliminary Plat and Planned Building Group approval on November 19, 2013 and thus expired due to failure to submit final plat as prescribed above. Of note: some of the required improvements for the subdivision have been completed however will need up to date testing/review and approval documentation for all improvements. Action Needed: A motion to recommend approval or denial of the preliminary plat and planned building group for The Hammocks at Port of Swansboro Phase II to the Board of Commissioners for their review on March 22, Action by the Planning Board: The Planning Board shall review preliminary plat and take action (60) days of their first consideration of preliminary plat (January 5, 2016). Attachments: Attachment A Favata Attachment B Myers Attachment C Favata memo and revised drawing showing speed tables TRC Review: The TRC met on Wednesday, November 18, 2015 to review The Hammocks at Port of Swansboro, Phase II. A record of the meeting has been provided in the previous January 5, 2016 packet. Staff Comments The Board should discuss and consider observations provided previously before making a decision on the request for preliminary plat and planned building group approval. Of Note: Unique to this review however is that some of the infrastructure is in place based on prior preliminary plat approvals (particularly the western portion of development). In addition consideration should be given regarding comments provided at the February 2, 2016 meeting: A. Traffic continues to be of concern. It was noted that the street in Phase I would connect to a street in Phase II without an emergency gate. Concerns rose regarding road maintenance. B. Confirmation from staff that the gate exiting onto Hammocks Beach Road was not going to be removed although issues do exist with storage from Hammocks Beach road into the development and wear and tear on gate. C. The agreement between Phase I HOA and Phase II (Pierce s development) had not been executed as not to bind Mr. Pierce until the development had been approved. Agreement 2

5 was for the stormwater issues (violation exists with Phase I) to be resolved for Phase I as a result of Phase II being developed. D. A resident in Phase I expressed concern again regarding traffic impact within their section of the development and it being used as a cut-through. Suggestions were made regarding speed bumps as a discouragement for cut-through traffic. As of this meeting Phase I HOA (representatives Dr. Michael Favata. President and Linda Dawson, Vice-President) and the developer of Phase II, Mr. Pierce met on February 29 and are in concurrence with the agreement presented at the last meeting. Staff Recommendations Staff recommends that if the proposed preliminary plat and planned building group is forwarded to the Board of Commissioners with a recommendation for approval that such be contingent upon the following: 1. Access into to the development along Catamaran Circle should include a Type-B street yard within the area zoned B Fencing around development and stormwater features shall meet minimum standards and be aesthetically pleasing and functional. Perimeter of the property shall provide for opaque fencing proposed (6 ) and green/black chain link shall be considered along with planting materials around stormwater facilities. 3. Traffic calming measures should be provided that would discourage cut-through traffic through Phase I and back to Hammock Beach Road. 4. That the water and sewer system is approved by ONWASA and the state, and that asbuilt drawings are submitted to the Town within 30 days of installation. 5. All lots, structures, utilities, land disturbing activities, and filling activities shall comply with all applicable local, state and federal regulations, including but not limited to, the Coastal Area Management Act (CAMA); NCDOT encroachment and driveway permit; applicable state stormwater and sedimentation erosion control and the Town s flood damage prevention ordinance. 6. All private streets developed and constructed shall meet NCDOT standards. 7. Fire hydrant locations shall be included per Article 14 of the UDO or meet NFPA standards whichever is greater. 8. PB Recommendation regarding the ratio per Section 20-32: Parks and Recreation Space Requirements (N) Credit for Private Recreation Facilities. 9. Upon review of the Planning Board, additional recommendations may be considered and forwarded to the Board of Commissioners for their consideration. 10. A consistency statement shall be provided if favorable recommendation is forwarded to the Board of Commissioners. 3

6 Attachment A Scott Chase Subject: FW: Hammocks at port swansboro -----Original Message----- From: Michael Favata [mailto:favata.michael@yahoo.com] Sent: Tuesday, February 09, :58 AM To: Scott Chase; Eileen Sawyer Subject: Hammocks at port swansboro Good morning Mr Chase and Ms Sawyer, I am the president of the hammocks HOA. We had met at last week's planning board meeting. I want to thank you very much for allowing several of us to express our concerns (some going back several years) regarding the hammocks phase II development. I just wanted to re-express my concerns regarding the storm water issues we in phase I continue to have. I believe that the DENR permit for the storm water pond as it exists on the phase II property will expire this year. What happens if there is no development this year? Also, we have very big concerns regarding the drainage (or lack thereof) on outrigger drive. I look forward to working with you, the planning board, board of commissioners and JEJ developers as we embark on this project. Thank you very much and I would like to meet with you to discuss what our options are. We value your expertise in these matters as it seems we (hammocks phase I HOA) have "inherited" many shortfalls from the original development. My cell phone is Sincerely, Dr. Mike Favata 4 Schooner Dr Swansboro Sent from my iphone 1

7 Attachment B Scott Chase From: Sent: To: Cc: Subject: Steve Myers <Steve.Myers@onslow.k12.nc.us> Friday, January 29, :30 AM Scott Chase John Pierce - John L. Pierce & Associates, P.A. (bettyb@jlpnc.com) RE: Port of Swansboro at Hammocks Phase Ii Hi Scott, In regards to the development and access for the buses is concerned, as long as the roads are built to state maintained roads specifications, we should be ok entering the development. The only caveats that we have to this is that buses don not handle cul de sacs well, so we normally do not go down streets that end in a cul de sac. Also, during the construction phase, there are a lot of vehicles on the roads within the developments (construction workers, trucks, etc.) and we wait until the construction phase is completed prior to going into that section of a development. In regards to the numbers of students that you were referring too. On average, single family units house ~.46 students. Of that, about ½ are elementary and ½ are middle/highschool students. Townhomes or multifamily units house fewer students than the single family units. It is difficult to get an accurate number for these units to the transient nature of the clientele in the County, but it is normally about ~.25 students per unit. We review the numbers on an annual basis. I also explained to John Pierce, that the school capacity numbers that we provide are for a reference point. In the past there have been several developers promising a certain school district with the units being built. As you can imagine, this can cause some disgruntled homeowners when we have to redistrict to accommodate growth. So what we do is provide the capacity charts so people can see if schools are overcapacity or not, and hopefully the realtors/developers do not promise that a certain school district will be in place for several years. Hope this helps, Steve Myers Chief Operating Officer Operations & Facilities Onslow County Schools 200 Broadhurst Rd. Jacksonville, NC (910) ext steve.myers@onslow.k12.nc.us From: Scott Chase [mailto:schase@ci.swansboro.nc.us] Sent: Monday, January 25, :09 PM To: Steve Myers Subject: Port of Swansboro at Hammocks Phase Ii Steve 1

8 I hope this finds you well. See the attachment below referencing John Pierce s conversation with you regarding the plat review. I am attaching our traffic engineer s review of the development as well. Could you confirm Onslow County s schools willingness to send a bus within the development. Also can you further explain the ½ child referenced in letter as well. Any information you can provide regarding is much appreciated. Thanks in advance!!! 2

9

10 Attachment C To Scott Chase From The Hammocks of Port Swansboro Dear Mr. Chase, As per our conversation on Monday we, The Hammocks of Port Swansboro, agree to the Development agreement between JEJ Investors, LLC and The Hammocks of Port Swansboro dated Aug 24, 2013 with the following exceptions: 1) Line item 7 page 3 titled Trash Dumpster and Access Easement needs to be deleted. The dumpster will be moved to a different location. 2) Line item 3 page 2 titled Separate Amenities and Maintenance, Paragraph 2 needs to be changed to the following: JEJ or the new HOA and HOA covenant and agreement to maintain their respective common areas and improvements in good condition, both parties agree to maintain their respective private streets. 3) JEJ will place speed tables to reduce the traffic on Outrigger in no less than 3 locations. 4) JEJ will place fencing around the perimeter of their property. 5) A bus stop will be placed within the JEJ community. As per phone call to Mr. Pierce this afternoon, he has spoken with Dave Newsom concerning the pipes and we have lines down to meet the new storm water system. We spoke of the above items and with this understanding we are in agreement with Mr. Pierce. Regards, Mike Favata, President of the Hammocks of Port Swansboro

11 S.F S.F S.F S.F S.F NOT RELEASED FOR CONSTRUCTION David K. Newsom, PE Crystal Coast Engineering, P.A. Civil and Environmental Consulting Engineers John R. Freshwater, PE

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