MINUTES
Town of Blowing Rock
Board of Commissioner
Reconvened Meeting - June 16, 2008
The
Town of Blowing Rock Board of Commissioners reconvened on Monday, June 16, 2008
at 2:00 p.m. Present were Mayor J.B. Lawrence,
Commissioners Bobby Ball, Keith Tester, Albert Yount and Tommy Klutz. Others in attendance were Town Manager Scott
Hildebran, Town Attorney Allen Moseley, Legal Consultant Tom Terrell, and Town
Clerk Sharon Greene.
A
motion to recuse Commissioner Pickett from the meeting due to a conflict of
interest was made by Commissioner Tester, seconded by Commissioner Ball. Unanimously approved.
Several
representatives from Chetola Severn Partners were also present.
DISCUSSION ITEM
Mr.
Terrell explained the reason for the work session between Council and Chetola
Severn Partners was to discuss the proposed project on
Mr.
Terrell advised during the public hearing held in February, the project was
postponed due to issues that needed further review. He spoke of a Development Agreement tool
provided by the General Assembly to help towns and counties such as the one
between Chetola Severn Partners and the Town.
Mr. Terrell explained that he, Town Manager Hildebran, Planning Director
Kevin Rothrock, and Town Attorney Allen Moseley had worked diligently on the document
in order to protect the Town’s interest.
After finishing the document, it was given to Chetola Severn for their
review. They made changes to the document
and returned it to the Town as a CUP whereas the Town changed the document to
reflect what was originally in the Development Agreement. Mr. Terrell stated that is where it stands at
the present time.
Mr.
Terrill reminded Council this work session was a “quasi-judicial”
decision-making process and everything discussed was also disclosed to the
public. He stressed the need for Council
to keep an open mind until another public hearing could be held on this
project. At some point a final
conclusion would need to be made and a solution found to satisfy the Town and
the developer. He spoke of two things to
help guide the meeting, the first being “what are the Town’s concerns” and
“what are the responsibilities of the developer”?
Commissioner
Tester asked for clarification regarding the “quasi-judicial” process and how
it concurred with this work session. Mr.
Terrell responded this was part of the complete process, proper notice had been
given of the meeting, the media were present and this was a very transparent
process. He reiterated the need for
impartiality to be maintained during this work session.
Commissioner
Tester wanted clarification that any comments made in this meeting or any other
meeting prior to the CUP process would not be binding. Mr. Terrell assured Mr. Tester they would
not.
Attorney
Tony diSanti representing the developer thanked Council for meeting with
Chetola Severn and conveyed very productive meetings between his client and the
town staff had taken place and issues of concern had been incorporated into
their plan. However, they felt a direct conversation with Council was needed.
Mr.
diSanti stated that several changes had been made to the project such as to the
site plan, elevation, etc. but the three significant issues that needed further
discussion were parking, traffic study and water issues.
Commissioner
Tester’s responded that he wanted to make sure that everyone understood that he
would accept the information presented, but he did not have adequate time to
review the information properly because he had only received it Saturday
morning of a holiday weekend before the meeting to be held on Monday. Mr. Tester reiterated the fact that he would
not make any binding decision on anything during this work session. Mr. diSanti assured Mr. Tester his clients
were not expecting final decisions to be made but needed more guidelines from
Council. In response to Mr. diSanti’s
statement, Commissioner Tester advised two months had been spent on the project
plus taxpayer money, he felt the document between Council and the developers
reflected Council concerns and their position.
Mr.
Kent Tarbutton approached Council and presented them with a hand out of changes
incorporated into the plan per comments from the February 12, 2008 Council
meeting. Also listed on the hand out
were items agreed to, per proposed terms incorporated in the draft agreement,
as well as items needing further discussion between Council and the developers.
Blowing Rock Conditional Use Permit Summary by Chetola
Severn - Exhibit A
Planned Changes Incorporated per
Comments of February 12, 2008 Meeting
Mr.
Tarbutton began discussion regarding parking.
He felt that much attention had been given to the parking situation over
the past several years. Mr. Tarbutton advised 10 parking spaces had been added
to the plan over what was required by the Town.
He went on to explain the project was not a destination, it was
something else for people to do while they were here, unlike Chetola which was
a destination. He felt a distinction needed
to be made because the 398 spaces proposed in the project were very significant
because the project was not a destination people were already in Blowing Rock
for other reasons. Mr. Tarbutton conveyed changes had been made to the plan
regarding hotel parking. As shown on the original plan, the hotel parking was
now a green space area, with hotel parking underground.
Mr.
Tarbutton stated due to lack of adequate parking for condominiums located in
the northeast section, 18 spaces had been added to that area as recommended by
the Town.
According
to Mr. Tarbutton, all suggested changes regarding sidewalks had been incorporated
into their revised plan and neighboring property owners had been agreeable
regarding easements needed in order to extend the sidewalk to Knights on
Mr.
diSanti urged further discussion regarding the redesign of town homes located
in the project. Mr. Wilkins stated the
town homes which were originally in longer rows with several units were clustered
more, due to Planning Director Rothrock’s suggestion. He advised with the
topography of the area the town homes could be moved further away from the
retail area.
The
green space area was discussed, which according to Mr.Tarbutton, would be a
park area where activities could be held. Commissioner Tester advised Council was
more concerned with the depth of the green space rather than the area. Mr. Tarbutton felt the green space was an
important addition to the project.
Storm
water filters to capture oils and solids from the surface parking areas were
also discussed. Mr. Tarbutton elaborated
how important it was to him to protect
Commissioner
Yount stated the Town Engineer had a problem regarding the catch basin, and
since Mr. Chapman was not present, Mr. Yount requested this be tagged as a
concern for further discussion.
The
“No Right Turn” sign located across the street from the
Items Agreed to Per Proposed
Terms/Incorporated into Draft Agreement
Mr.
Tarbutton advised a contribution of $151,800 would be made toward the Town’s
cost for the water interconnection project.
He
also stated the original plan had been changed regarding the sanitary sewer
system. They were no longer going to
hook onto the town’s sanitary sewer at the manhole at
Mr.
Tarbutton advised following discussion regarding the
Architectural
issues were elaborated upon by stating comments and suggestions from Council
and Town Staff had been incorporated into the plans for the hotel and retail
spaces. The retail area now had a more
residential look and the motel was more in keeping with the area and all
changes met Town Code.
Mr.
Wilkins explained the colored and scaled elevations photos were currently being
prepared for Council’s review. Commissioner
Tester stated photos were not adequate.
He advised a 3-D computer based model of the project showing all angles
of the project were needed. Commissioner Ball reiterated Council wanted to be able
to see what the project would look like in comparison to surrounding properties
and renderings were not realistic.
Commissioner Tester continued by stating a project of this size would
change the look of Blowing Rock to a certain degree and there was technology available
to develop what was needed. Mr. Wilkins advised they were unable to do exactly
what Council was requesting.
Commissioner Tester responded that he needed the highest level of
confidence knowing exactly what a project of this significance would look like
before approving anything and something was needed on file to make sure the
project was being done exactly as it should be.
Commissioner Klutz advised the 3-D model needed to be from an easement
point instead of the street and clearly marked.
Materials
were discussed next. A rendering was shown to Council of the residential
units. Commissioner Ball advised there
were too many materials being used, it was too busy. Mr. diSanti stated originally the plans were
too plain. It was consensus of Council
to continue working on the materials being used for the residential units.
After
some discussion from the applicant regarding the soil and geotechnical report,
Commissioner Tester advised he needed a level of confidence this project would
not be started and problems arise and then abandoned. Chetola Severn stated they were not
comfortable with sharing this report in a public meeting. Mr. Tester responded they would not
necessarily have to share the information in the public meeting as long as the
town engineer reviewed it and was satisfied.
Mr.
Tarbutton advised
Items Needing Further Discussion
between Town Council and Applicant
The
connection to the Town’s water system was discussed. The applicant stated they would work with the
Town to obtain NCDENR approval and should approval not be granted, they asked
to be permitted to construct wells until approval could be granted. Mr. Pat McAteer gave more detail regarding
the system in which to supply water to the project. According to the Chetola
Severn representative, they spoke with Mr. Lee Spencer at NCDENR and he advised
there was no legal moratorium on water and a service line could be run from
each proposed building out to the town’s main line. According to NCDENR, a loop system would be
more appropriate and it was the applicant’s view that water was in fact
available to their project. They also
stated NCDENR needed documentation from the town stating they could tie into
the town system in order for this to be done.
Mr.
Hildebran stated Mr. Terrell had a letter from NCDENR that addressed this issue
differently. He stated other issues
needed to be discussed also. Commissioner
Tester stated there were two issues, the moratorium on water and the impact
this project would have on the system.
He asked if any calculations had been done on the impact once this
project was completed and occupied. Mr.
Hildebran stated the calculations were approximately 37,000 gallons a day which
according to NCDENR was not over burdensome to the town system. It was decided the applicant and town staff
should meet and come up with a joint solution agreeable to NCDENR and others involved.
Regarding
the left turn lane issues, Mr. Tarbutton advised he was frustrated with the
request for a traffic study to be done on a July 4th weekend. In his
opinion the impact was already there and this project was providing more
parking not causing more of an impact.
He stated this area was already congested and the project would not
change that. Commissioner Tester
conveyed the project would have a major impact on the area because of the
addition of the entrance and exit, and the substantial amount of traffic
turning in and out of the area would create safety issues. Commissioner Tester
advised public health and safety was the main issue and if the applicant could
not see that this project created more of a safety issue, he was not confident
in their ability to build this project. According to Commissioner Tester, an
extensive study was needed to convince him there were no safety issues and the
turn lane was more for safety not traffic flow. Commissioner Tester stated that
was the condition and they could deal with it however they felt was best. He also implied that he would need to hear
from the Town’s engineer and NCDOT that no safety issues were evident if turn
lanes were not installed and without being convinced of this, he did not think
this project was viable. Commissioner Ball agreed with Mr. Tester’s stance on
this issue.
The
final issue of discussion was emergency parking. Mr. Tarbutton advised there were two
designated loading zone areas that could also be used as emergency
parking. Commissioner Ball advised that
she felt strongly about the emergency spaces, because this would be a congested
area and separate emergency parking spaces were needed. A representative from Chetola Severn advised
emergency vehicles would be going to where the emergency occurred not to the
designated areas. Commissioner Ball
asked for input regarding this issue from Kent Graham, EMS Director. Mr. Graham stated emergency parking would be
useful so parking would be available in the congested areas of the project in
case more than one emergency vehicle responded to the call.
Mr.
Tarbutton advised $399,300 had been added to the project costs after the water
interconnections donation, sewer upgrades, donation of a segway, etc. Mr.
Tarbutton felt this project would have a positive impact on the town.
Mayor
Lawrence called for a short break at this time.
Upon
reconvening the meeting, traffic and parking were further discussed.
Commissioners Tester and Ball reiterated the fact that public safety was of
utmost importance.
Chetola
Severn thanked Council for their time and honesty in regard to their
project.
After
the work session ended, a motion was made to recess the meeting until June 30th
at 9:00 a.m. by Commissioner Tester, seconded by Commissioner Ball. Unanimously approved.
After
a brief time, a motion was made by Commissioner Tester seconded by Commissioner
Ball to reopen the meeting. Unanimously
approved.
Commissioner
Ball made a motion to enter into executive session pursuant to N.C.G.S.
143-318.11(3) to consult with legal counsel, seconded by Commissioner
Ball. Unanimously approved.
At
6:30 p.m. Council returned to the regular work session, with no further
business to discuss, the meeting recessed until June 30, at 9:00 a.m.
MAYOR_______________________________
J.B. Lawrence
ATTEST:
_____________________________
Sharon Greene, Town Clerk
Attachments (June 16, 2008)
Blowing
Rock Conditional Use Permit Summary (by Chetola Severn) –
Exhibit A