“As restrictive as possible,” is the consensus reached by the Foxfire Village Council on updating the Zoning Ordinance to address Internet sweepstakes gaming.
While the sweepstakes parlors can't be banned, they can be regulated. That was the advice the Council received from the Village's attorney, Michael Brough, contained in a memorandum that Mayor George Erickson distributed during a Thursday, October 25 Work Session.
There are no gaming operations within the Foxfire Village limits. The issue came to the Council's attention when a resident, earlier this month, suggested that the Foxfire General Store – which is currently listed for sale on the real estate market -- could be an attractive site for a sweepstakes parlor.
“I don’t want to have one come in here, and then look like we’re trying to pass new regulations after the fact,” cautioned Councilman Mick McCue.
Sweepstakes operations are technically not considered gambling establishments under North Carolina law, because winners are predetermined, and the parlors have flourished over the last few years throughout the state, despite opposition from many municipalities.
The Council took no action in its Work Session, but conversation at the table suggested Foxfire Village will not attempt an outright ban. Instead, the Council appears to be looking at revising the Village ordinances to restrict the number of hours a business can be open each day.
“If we want the Village to grow, we need a commercial district -- so I don’t want to discourage that,” said Finance Director Leslie Frusco. “But I would rather see us manage it through setting up applicable hours.”
Councilman McCue noted that other municipalities have controlled gaming businesses through limiting the number of machines permitted in any one location, and suggested that Foxfire should also consider setting “reasonable” taxes for such businesses.
Woodland Circle Property
Eyeing year's end as a turning point, Councilwoman Frusco said, if the 160-acre property on Woodland Circle remains unsold, the Council must consider other options.
The large tract of equestrian-zoned property was accepted as a donation in lieu of a $1.4 million assessment following construction of the roadway extension project, leaving the Village responsible for repaying the construction loan. In the past few years, Frusco has managed the unanticipated expense by negotiating two years of interest-only loan payments, paying down the principal using a portion of the Village’s fund balance, re-amortizing the nearly $2 million loan, and successfully requesting a lower interest rate.
However, Village finances continue to be held hostage while the property sits, unsold.
Frusco suggested advertising the tract in high-end magazines targeted at equestrian interests; but Grande Pines developer Pete Mace, speaking from the floor, advised against that strategy.
“It would be better to let local realtors know about it: what it is, what is available, and what are the options,” Mace said. “The local market is picking up, and that would be the best thing to do.”
Offering to review a survey of the property and provide the Council with his own recommendations, Mace expressed confidence that real estate sales are improving.
“The military is getting more comfortable with this area," he said. "It used to be considered too far out, but many are coming now. They like the school district, and that is a big thing. Also the club [golf course] is changing hands, and there is something solid there again.”
Specifically, Mace identified Foxfire as a prime location for a new upscale townhouse project.
“People are downsizing, and they don’t want to deal with the maintenance,” he said. “Yes, there are some who are still willing to buy a ten-acre lot and build a farm, but I see more of a market for homes priced under $400,000.”
Frusco agreed that options moving forward include subdividing and possibly rezoning the 160-acre undeveloped tract. The asking price, she added, has been lowered to $1.2 million.
Pineland Preserve
In another discussion that touched on both real estate and commercial zoning concerns, Mace presented a few requests related to the Pineland Preserve development.
Specifically, Mace expressed concern about commercially-zoned, undeveloped lots that front along Hoffman Road, but are adjacent to potential building lots in the subdivision.
“They [the residential lots] will be hard to sell, because there is only a small berm [buffer area] and then the possibility of a business being built there,” he explained, noting that the commercial lots are not located on a corner and, therefore, much less attractive for commercial use.
Another option, Mace recommended, would be to allow privacy fencing on lots in the Pineland Preserve development; however, current zoning ordinances prohibit such structures.
“The problem is, how do we allow a fence there, but not in the rest of Foxfire,” cautioned Frusco.
In discussion, Mace responded that he could request a Conditional Use Permit with restrictions on fencing that could include total square footage, that it not be installed along property lines, fencing in back yards only, and height restrictions.
Unlike Grande Pines, Mace said, the Pineland Preserve development will not be gated and, as such, is looking to dedicate its streets Foxfire Village, assuming they meet road standards.
Frusco cautioned him that, in addition to core sample work, Mace needed to address any potential drainage problems.
“Within the Village limits we are encountering a lot of drainage issues,” she said. “We don’t want houses to be put in on roads that have drainage issues that the Village does not have the funds to address. We need to know the streets are up to DOT standards and do not have drainage problems, because, once we take them over, it will become our problem.”
Financial update
Reporting that forty-seven percent of budgeted ad valorem taxes have been collected, Frusco described the process as “very encouraging,” with several very large property owners already making good on this year’s owed taxes, including Stonehill Pines and Foxfire Resort & Golf Club.
“I’m not sure if money is starting to flow better or the reason, but I’m not going to argue with it,” she said.
Foxfire Village has an exceptional track record of taxes collected, at 99.66% in, 99.54% in 2010, and 98.69% in 2011; however, there are few outstanding accounts from those same years, primarily as a result of bankruptcies or foreclosures.
“We are diligent about going after anything that makes sense to go after,” she said. “Some of them are taxes owed that is a miniscule amount and it is not worth going after with attorney fees; but, if the property ever changes hands, we will collect on it then, or whenever someone wants to build on that land.”
Long Range Planning
The dilapidated tennis courts have been demolished, resulting in a major improvement to the appearance of the central recreation area.
Turning attention to the pool building, Councilman McCue said he received an informal estimate for renovation work to include new plumbing fixtures, windows, and drywall replacement.
“This is a fairly extensive remodel; but this contractor’s estimated costs were quite low,” he said.
Mayor Erickson cautioned McCue that any renovation work must meet ADA requirements, and Frusco reminded the Council the pool building septic system will also need to be tested.
In other discussion on Long Range Planning, McCue presented a draft version of a tri-fold marketing brochure the committee has developed.
McCue said the final product will include lots of photographs, with emphasis on equestrian opportunities in Foxfire, the Village Green Park, the pool and golf course, and photos of the Foxfire Police and Fire Department.
Other business
In other discussion during the Thursday, October 25 Work Session, the Foxfire Village Council:
• Heard from McCue that concerns have been raised over road maintenance by residents of the Pine Ridge area of Foxfire Village. Frusco said the road is publicly owned and maintained, including drainage work.
• Heard from McCue that Village Attorney Michael Brough recommends the Planning & Zoning Committee be restructured as a five-member group, with a set quorum of three. In addition, he recommended that one member be a resident of the Extra-Territorial Jurisdiction [ETJ], until such time as the population of that area increases.
• Heard from McCue that the Foxfire Police Department is still waiting on delivery of the new K9 vehicle. He presented a proposed resolution to donate the existing vehicle to West End Fire & Rescue, to be voted on at the November 13 meeting.
• Called a Public Hearing for the voluntary annexation of two properties in the Grande Pines subdivision, to coincide with the November 13 meeting.
• Approved the schedule of proposed Work Sessions dates for 2013; those dates will be listed on the Foxfire Village community website.
• Heard from Erickson that he has previewed the new community website, currently under development. He described it as outstanding with many new features.
