Though the fix may be temporary, the Foxfire Village Council reapproved on Tuesday night, October 11, an ordinance amendment originally drafted and approved in 2005 that increased the minimum lot size for equestrian district zoning from six to ten acres.
Responding to criticism from a local builder and a real estate professional that ten acres was more restrictive than neighboring areas, and not in keeping with today’s economy, the majority of Council members seemed to agree that a six acre minimum on equestrian lots may, in fact, be the preferable size.
However, Tuesday's Public Hearing was called to clarify an already established ordinance that was never properly filed into the Village record. So, the Council decided to correct the omission first, before sending the issue of equestrian lot size back to the Foxfire Planning & Zoning Committee for further review.
Mayor George Erickson offered a brief history of the original action, recalling that concerns were raised as outlying equestrian communities began to be developed. Reading from meeting minutes detailing the 2005 recommendation and decision, Councilman Mick McCue said the increase to ten acres was based primarily on an interest in aesthetics related to clustered buildings and setbacks.
“We are in the business of developing Foxfire, and we’ve heard from the two biggest developers in the area that they could sell more at six acres," McCue said. "I think the reasoning in 2005 was very flimsy for the increase. Six versus ten acres doesn’t mean much for aesthetics, and we need to develop property. We have a second chance here to bite at the apple, and I suggest we look at six.”
He noted that the recent Planning & Zoning review of minimum equestrian lot sizes involved a completely separate concern based on restricting the number of irrigation wells.
“We were looking at tying the water to lot size, but the new [North Carolina] law has divorced those issues,” McCue said.
Finance Director Leslie Frusco concurred.
“I agree with Mick in hundred percent," she said, "but I don’t think that this is something we can do tonight. We’ll need to follow Planning & Zoning procedures and hold another Public Hearing before we could change this ordinance back. But I agree that, if the county only requires six acres and Southern Pines requires six, then, if we want to develop this area, we can’t have an ordinance that is prohibitive. It makes no sense to the future of Foxfire; and the reasoning they had, I can’t find as valid.”
Grandfathering properties?
In a related discussion of the equestrian lot size amendment, local Realtor Greg Regan, engaged the Council in a lengthy discussion of how Foxfire ordinances affect annexed properties.
A resident of Grande Pines, Regan noted that six acre parcels in the development had been marketed and sold as horse property.
“A number of people bought property with the understanding that if they wanted a horse, they could do that. But as a result of not finding water, we petitioned the Village and were annexed in,” said Regan. “Nothing was said when we came in about six or ten acres.”
Erickson responded that all property owners must comply with Village ordinances, including those in annexed areas. On the question of grandfathering, he recalled that one exception had been granted to an annexed piece of land along Richmond Road that had existing horses on a lot just under ten acres in size; however, once the property is sold, the standard ordinance minimum will apply.
Regan cautioned the Council that such policies would devalue properties.
“If a resident buys a piece of horse property, he would expect to be able to sell his parcel as a horse property,” he admonished.
Western Connector
With all potential routes of the proposed Western Connector bypass of Pinehurst back on the table for discussion at the county level, Councilman McCue expressed concern that Foxfire Village — both the Council and residents — must stay involved in the process.
“It could be a long way off, even under the best of circumstances; but this is the time to get involved in the planning,” he said.
McCue said he has been in touch with local NC Department of Transportation [NCDOT] representatives and encouraged active participation in the upcoming charette workshops, when public input on possible routes will be collected.
“Ultimately, we can’t say no to NCDOT," McCue said. "So if we don’t want to play in the planning, in the end they may say that Hoffman Road looks good and they’ll widen it. It might never happen, but we need to be sure and stand up and say where we want it or, more importantly, where we don’t want it!”
He continued, “We want to make sure our vision, the Foxfire vision, is included. We have a vested interest in this too.”
Finance
Thirty-five percent of current property taxes have been collected, reported Frusco, and information on delinquent taxes and assessments has been forwarded to the Village Attorney.
The General Fund, as of September 30, stood at $819,559, including $11,512 in Powell Bill funds, $20,988 in Stonehill Pines account, and $75,052 in capital reserves. In addition, the first of two Powell Bill payments was recently received. At $19,000, Frusco said that was slightly higher than anticipated in the budget.
The Water Fund was reported at $285,438 and an additional $135,561 is held in restricted escrow for a new well.
Annual bank loan payments in July included $26,966 for the Village Green Park and $41,144 for water improvements. In April 2012, payment is due on the Woodland Circle Extension project loan with an interest-only payment of $75,810 from the General Fund and $5,357 from the Water Fund.
Reviewing pool records from this past Summer season, Frusco said revenue was slightly up and expenditures were slightly down, with some cost savings realized through use of an outside service for regular maintenance. Unanticipated expenses included several repairs required by Moore County prior to the pool opening, including new fencing, work in the pump house and restrooms, and resurfacing and repainting the pool itself.
Woodland Circle property
The Nature Conservancy considered and ultimately declined any interest in purchasing the Village-owned 160 acre property on Woodland Circle, reported Councilman McCue.
“They said it does not fit into their acquisition plans. I have also spoken to the Sandhills Area Land Trust and they will be looking into it next,” he said.
In addition, the property was declined by the Carolina Horse Park, but the facility has agreed to recommend the property to potential buyers.
Halloween Party
The Foxfire Property Owners Association will host the annual Halloween Party at the Village Green Park on Sunday, October 30 from 3:30 pm to 6:30 pm. Come ‘Trunk or Treat’ and enjoy a bounce house and other fun and games. The event is rain or shine.
Candy donations may be delivered to the office and volunteers are needed.
Streets
NCDOT will support the Council’s recommendation if a resolution is passed to upgrade the yield sign at Tie Road to a Stop sign, reported Councilman John Eltschlager; however, he argued that such a change may not be warranted.
“DOT said at this time they don’t have a traffic study or anything that would dictate either sign,” he said.
“My first thought is that, if people are not yielding, then they won’t stop either,” McCue said. “We can’t legislate against poor driving. The appropriate traffic device for this location is a yield sign. If you drive properly, that is the appropriate sign.”
Eltschlager anticipated that a representative from NCDOT will soon be meeting with Foxfire Police Chief Mike Campbell to review concerns at several key intersections. Rumble paint striping is one proposed option; however, the safety strips are difficult to remove once in place, and large vehicles and trucks often generate noise when crossing its bumpy surface.
Continuing the streets report, Eltschlager said the deadline has been eliminated on new Federal street sign requirements, specifically due to replacement cost impacts.
“As new signs or replacement signs are installed, they will adhere to the new requirements for size, height and reflectivity,” he said.
Other business
In other business on Tuesday, October 11, the Foxfire Village Council:
• Heard from McCue that results from the recent community survey have been published and will be included in the draft Long Range Plan currently under development.
• Accepted the resignation of Eileen Umland from the Planning & Zoning Board. Erickson noted this was the third resignation in just the last month. “We have started to discuss these boards and how many members are appropriate," he said. "We are having difficulty filling the seats, and these are fairly large boards for the size of our community.”
