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Table of Contents Agenda 2 Budget Amendment #2018-5 Agenda Memo and Budget Amendment #2018-5 5 Historic Preservation Commission Appointments Agenda Memo 7 Special Use Permit/Edward Radley for a Bar (Sweet Edventures) at 118-2 Front Street Agenda Memo and Expanded Overview 11 Background Exhibits 13 1

Agenda 2 Agenda Memo and Budget Amendment #2018-5 5C7A9863B... · 6/12/2018  · Agenda Item Submittal Reviewed By: Town Manager Finance Director 06/7/18 Town Clerk Town Attorney

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Page 1: Agenda 2 Agenda Memo and Budget Amendment #2018-5 5C7A9863B... · 6/12/2018  · Agenda Item Submittal Reviewed By: Town Manager Finance Director 06/7/18 Town Clerk Town Attorney

Table of Contents

Agenda 2Budget Amendment #2018-5

Agenda Memo and Budget Amendment #2018-5 5Historic Preservation Commission Appointments

Agenda Memo 7Special Use Permit/Edward Radley for a Bar (SweetEdventures) at 118-2 Front Street

Agenda Memo and Expanded Overview 11Background Exhibits 13

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BOARD OF COMMISSIONERS MEETING AGENDA

Town of Swansboro Tuesday, June 12, 2018

Board Members John Davis, Mayor | Frank Tursi, Mayor Pro Tem | Pat Turner, Commissioner | Roy Herrick, Commissioner | Angela Clinton, Commissioner | Brent Hatlestad, Commissioner |

I. Call to Order/Opening Prayer/Pledge Mayor John Davis

II. Public Comment Citizens have an opportunity to address the Board for no more than three minutes per speaker regarding items listed on the agenda. There is a second opportunity at the end of the agenda for the public to address the Board on items not listed on the agenda.

III. Adoption of Agenda and Consent Items Board Members The Town Clerk respectfully submits to the Board, the Regular Agenda and the below consent items, which are considered to be of general agreement and little or no controversy. These items may be voted on as a single group without Board discussion “or” if so desired, the Board may request to remove any item(s) from the consent agenda and placed for consideration separately.

Consent Items: a. Budget Amendments for FY 2017-18 Funds were collected for payment in lieu of sidewalks of $1,345 and sale of 1996 E-One Freightliner Pumper (#1704) of 46,430. Requesting for $44,524.90 (gross amount minus commission fee of 7%) to be transferred to the Capital Reserve Fund. ($1,345 for sidewalks and $43,179.90 set aside for fire apparatus replacement. Source: Sidewalk Development Fee & Sale of Fixed Assets.

Fire Department: Incurred commission fees of $3,250.10 from the sale of 1996 E-One Freightliner Pumper. Source: Sale of Fixed Assets

Public Building Department: The heating/air unit at the Heritage Center needs to be replaced. Funding in the amount of $9,285 will be taken from the Fund Balance for this emergency repair. Source of Funds: Fund Balance

Legal Department: Request $11,000 to be appropriated from fund balance to pay for unfunded legal fees incurred from litigations subject to closed session. Source of Funds: Fund Balance

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Admin Services Department: The Town received a $8,611.89 grant from Duke Energy for 2 public charging stations. Source of Funds: Grants Various

IV. Appointments/Recognitions/Presentations a. McCullar Family Recognition Mayor John Davis b. Historic Preservation Commission Appointments Paula Webb, Clerk There are two (2) vacant regular seats and one (1) vacant alternate seat to consider for the HPC. A Talent Bank Thumbnail Resume Sheet is provided showing those interested in serving on the HPC.

V. Public Hearing a. Special Use Permit/Edward Radley for a Bar

(Sweet Edventures) at 118-2 Front Street Andrea Correll, Planner Edward Radley seeks a Special Use Permit pursuant to §152.210 of the Unified Development Ordinance to locate a bar at 118-2 Front Street. The Planning Board and Staff recommend approval of the Special Use with certain conditions to include: a. The use shall be limited to the interior of the building only. b. All conditions outlined in the TRC response found in Exhibit 3 must be addressed before site plan approval. Action Needed: 1) Hold the Evidentiary Hearing; and 2) Consider the evidence/sworn testimony and approve or deny the Special Use Permit based upon the criteria provided in §152.210 of the UDO to include a statement of consistency, which is in keeping with the spirit of the ordinance.

VI. Business Non-Consent a. FY 2018/2019 Proposed Budget Update Sonia Johnson,

Finance Director J. Scott Chase, Manager

Action Needed: Discussion and further guidance

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VII. Items Moved from Consent VIII. Public Comment

Citizens have an opportunity to address the Board for no more than five minutes regarding items not listed on the Agenda.

IX. Manager’s Comments J. Scott Chase, Manager

X. Board Comments Board Members

XI. Closed Session Board Members Action Needed: Motion to enter closed session pursuant to NCGS 143-318.11 (a) (3) to consult with the attorney under attorney-client privilege.

XII. Adjournment Board Members

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Board of Commissioners Meeting Agenda Item Submittal

Reviewed By: Town Manager Finance Director 06/7/18 Town Clerk Town Attorney Date Action Approved by Board: Action if different from Recommended:

______________________________________________ Item To Be Considered: Budget Amendment #2018-5 Board Meeting Date: June 12, 2018 Prepared By: Sonia Johnson, Finance Director Overview:

1. Funds were collected for payment in lieu of sidewalks of $1,345 and sale of 1996 E-One Freightliner Pumper (#1704) of 46,430. Requesting for $44,524.90 (gross amount minus commission fee of 7%) to be transferred to the Capital Reserve Fund. ($1,345 for sidewalks and $43,179.90 set aside for fire apparatus replacement. Source: Sidewalk Development Fee & Sale of Fixed Assets.

2. Fire Department: Incurred commission fees of $3,250.10 from the sale of 1996 E-One Freightliner Pumper. Source: Sale of Fixed Assets

3. Public Building Department: The heating/air unit at the Heritage Center needs to be replaced. Funding in the amount of $9,285 will be taken from the Fund Balance for this emergency repair. Source of Funds: Fund Balance

4. Legal Department: Request $11,000 to be appropriated from fund balance to pay for

unfunded legal fees incurred from litigations subject to closed session. Source of Funds: Fund Balance

5. Admin Services Department: The Town received a $8,611.89 grant from Duke Energy for 2 public charging stations. Source of Funds: Grants Various

Background Attachment(s): 1. Budget Ordinance Amendment #2018-5

Recommended Action: Motion to approve Budget Ordinance Amendment #2018-5

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AN ORDINANCE AMENDING THE ANNUAL BUDGET FOR FY 17/18

BUDGET ORDINANCE AMENDMENT #2018-5 BE IT ORDAINED by the Board of Commissioners of the Town of Swansboro that the following amendment be made to the annual budget ordinance for fiscal year ending June 30, 2018: Section 1. To amend the General Fund budget, the following changes are to be made:

Appropriations Increase

Non-Departmental $44,524.90 Legal Department $11,000 Public Buildings $9,285. Fire Department $3,250.10 Revenues Sidewalk Development Fee $1,345 Sale of Fixed Assets $46,430 Appropriated Fund Balance $20,285

Section 2. To amend the Capital Reserve Fund budget, the following changes are to be made: Transfer from General Fund into Capital Reserve Sidewalk Development fee $ 1,345.00 Sale of Fixed Assets-Fire Truck #1704 $43,179.90 Section 3. Copies of this budget amendment shall be furnished to the Town Clerk, the Budget Officer, and the Finance Director, to carry out their duties. Adopted by the Board of Commissioners in regular session, June 12, 2018. ____________________________ John Davis, Mayor Attest: ________________________ Paula Webb, Town Clerk

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Board of Commissioners Meeting Agenda Item Submittal

Reviewed By: Town Manager 1.3.2018 Finance Director Town Clerk 12.28.2017 Town Attorney Date Action Approved by Board: Action if different from Recommended:

______________________________________________ Item To Be Considered: Historic Preservation Commission Appointments Board Meeting Date: June 12, 2018 Prepared By: Paula Webb – Town Clerk/Admin Services Director Overview: There are two (2) vacant regular seats and one (1) vacant alternate seat to consider for the HPC. A Talent Bank Thumbnail Resume Sheet is provided showing those interested in serving on the HPC. Action to Consider: Consider appointments to the Historic Preservation Commission Background Attachments: Talent Bank Sheet

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Board of Commissioners Meeting Agenda Item Submittal

Reviewed By: Town Manager 5.31.18 Finance Director Town Clerk 6.4.18 Town Attorney Date Action Approved by Board: Action if different from Recommended:

Item To Be Considered: Special Use Permit Request/Edward Radley for a Bar (Sweet Edventures) at 118-2 Front Street Board Meeting Date: June 12, 2018 Prepared By: Andrea Correll, AICP, Planner Overview: Edward Radley, seeks a Special Use Permit pursuant to §152.210 of the Unified Development Ordinance to locate a bar at 118-2 Front Street, further identified as tax map reference number 1407-37. Background Attachment(s):

1. Special Use Application and accompanying information (Exhibit 1) 2. Aerial of the Site (Exhibit 2) 3. TRC Comments (Exhibit 3) 4. Applicant’s Responses to Section §152.210 formerly 12-1 (Exhibit 4) 5. Planning Board Comprehensive Plan Consistency Statement (Exhibit 5)

In accordance with §152.210 of the UDO, the Planning Board on May 7, 2018, recommended approval with certain conditions:

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

specifications, including without limitation, those set out in §152.211. A bar is allowed with a Special Use Permit. There are no specifications in §152.211 for a bar.

(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. There will be no negative impact to public health or safety if the bar is approved.

(3) The special use will not substantially injure the value of adjoining or abutting property. OR the special use is a public necessity. There will be no negative impact to adjacent properties and their value.

(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 is 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). The bar will be located in the (B2HDO) commercial central business land use district (inside the Russell building). This location is consistent with standards of the comprehensive plan.

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

it is necessary or appropriate to affix conditions thereto for the purposes of protecting neighboring properties and/or the public interest assuring that the use is harmonious with the area, and ensuring that the use is 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 is held invalid by any competent authority, then said special use permit shall be void.

a. The use shall be limited to the interior of the building only. b. All conditions outlined in the TRC response found in Exhibit 3 must be addressed before

site plan approval. (Staff Recommendation)

Note: The motion should include a set of written findings. You may utilize the applicant’s responses (Exhibit 4) and add the Planning Board Comprehensive Plan Consistency Statement (Exhibit 5) other items deemed necessary, including the Comprehensive Plan Consistency Statement. Recommended Action:

1) Hold the Evidentiary Hearing; and 2) Consider the evidence/sworn testimony and approve or deny the Special Use Permit based upon

the criteria provided in §152.210 of the UDO to include a statement of consistency, which is in keeping with the spirit of the ordinance.

Expanded Overview: The proposed bar location at 118-2 is zoned B-2HDO zoning district. (Figure 1 below). The CAMA Core Land Use Plan depicts the parcels as commercial central business (Figure 2 below). The commercial use proposed is consistent with the CAMA Core Land-Use Plan.

Figure 1 - Town of Swansboro Zoning Map (above)

Figure 2 - Town of Swansboro Land Use Plan – Future Land Use Map (above)

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Exhibit 1

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Letter of Intent

My name is Ed Radley and I am a resident of Swansboro. I currently own and operate Candy Edventure here in downtown Swansboro. We are currently interested in opening Sweet Edventure’s in the historic Russell building. Our intentions are to have a family friendly environment that includes the sale of desserts, sweets, pastries, coffee, and spirits. We intend to maintain the historic features of the building and plan to include a early 19th century bar and counters. Also, we will be selling retail merchandise such as hats, shirts, novelties, cakes, pies, pastries and coffee to go. The menu will consist of baked sweets, milk shakes, specialty coffees and dessert drinks. We are hoping to create an environment that welcomes families, couples, and all who are craving a sweet edventure. Our plans are tentatively to operate between the hours of 10 am to 11 pm and are subject to seasonal business. We look forward to operating our business in a manner that is both professional and abiding by the guidelines and laws set forth by the town of Swansboro and the state of North Carolina. Thank you for this opportunity.

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Proposed Floor Plan

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Find below the historic bar proposed for Sweet Edventure’s. This bar was hand built almost 100 years ago and was in a Chicago pub during the 20’s and 30’s. We feel it will make for a great addition to the historic nature of the Russell Building and the downtown district. Our intentions are to decorate the space with artifacts and art work depicting the history of North Carolina. We feel people will not only enjoy our great desserts and drinks but will also enjoy or setting as well.

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Exhibit 2

April 24, 2018 0 0.008 0.0160.004 mi

0 0.01 0.020.005 km

1:500

2018

:

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Exhibit 3

Town of Swansboro Friendly City by the Sea • Established 1783

www.swansboro-nc.org

Sweet Edventures Special Use Permit

TRC Meeting Comments April 25, 2018

Scott Chase, Town Manager

• Include narrative describing business, hours of operation, noise (will be exclusive to inside ofstructure)

• Answer 152.210 (B) 1-4 of UDO how the proposal will meet requirements• Include floor plan and if available exterior renderings for improvements to building, include

historic bar, pictures, menus, etc.Jim Stipe, Building Inspector/Public Works Director

• Awning must have engineered attachment for proper securing to buildingPaula Webb, Town Clerk

• Since the building is no longer a single use, the addressing should be:118-1 Russell’s118-2 Sweet Edventures118-3 Merrow

• A Beer &Wine Privilege License will be required once approved and licensed by the NorthCarolina Alcoholic Beverage Control Commission

Mark Tessing, Fire Chief • No comments.

Ken Jackson, Police Chief • No comments, if the business operates in the manner indicated

Board of Commissioners John Davis, Mayor Frank Tursi, Mayor Pro Tem Patricia Turner, Commissioner Roy Herrick, Commissioner Angela Clinton, Commissioner Brent Hatlestad, Commissioner

Town Manager J. Scott Chase, AICP

[email protected]

Town Clerk Administrative Services Director Paula W. Webb, MMC-NCCMC

[email protected]

Andrea Correll, Town Planner

• The proposed awning color will be approved by staff under the Historic Standards and Guidelines.Wynne Ray, ONWASA, Technical Operations Supervisor

• Installation of a grease trap

• Backflow prevention assembly

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Exhibit 4 Applicant’s Responses

152.210 PROCEDURE FOR SPECIAL USE PERMITS.

(B) In granting a special use permit, the Board of Commissioners shall give due regard tothe nature and state of all adjacent structures and uses, and the districts within which the proposed use is to be located, and shall make written findings of fact concerning the existence or absence of the following criteria:

(1) The special use is allowed pursuant to § 152.210 and meets all the requiredconditions and specifications, including without limitation, those set out in §152.211. A dessert bar is allowed with a Special Use Permit. There are nospecifications 12-2 for a bar.

(2) The special use will not materially endanger the public health or safety if locatedwhere proposed and developed according to the plan as submitted and approved.There will be no negative impact to public health or safety if my request for a dessertbar is approved.

(3) The special use will not substantially injure the value of adjoining or abuttingproperty. OR the special use is a public necessity. There will no impact to adjacentproperties and their value.

(4) The location and character of the special use , if developed according to the plan assubmitted and approved, will be in harmony with the area in which it is located. Thespecial use shall demonstrate conformance to the Land Use Plan or other plan ineffect at the time and address impacts of the project as required by G.S. §160A-382(b). My dessert bar will be located in the commercial central business land usedistrict inside the Russell building. This location is consistent with standards of thecomprehensive plan.

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