TOWN OF MAGGIE VALLEY

REGULARLY SCHEDULED BOARD OF ALDERMEN MEETING

OCTOBER 4, 2005

MINUTES

 

 

Members Present:       Mayor Jo Pinter         Aldermen:       Roger McElroy

                                                                                                Linda Taylor

                                                                                                Phil Aldridge

                                                                                                Mark DeMeola

Staff Present:              Manager Tim Barth, Public Works Director Mike Mehaffey, Police Chief Scott Sutton, Planning Director Nathan Clark, Attorney Chuck Dickson and Town Clerk Vickie Best.

Approximately five people were in attendance.

 

Before the meeting began, Manager Barth directed Mr. Mehaffey to remove all non-conforming real estate signs from US-19.

 

MEETING CALLED TO ORDER

Mayor Pinter called the meeting to order at 3:45 p.m.

 

CONSENT AGENDA

a.  Certificate of Sufficiency:  Arminda Guillama,

Resolution No. 05-50 Setting Date for Public Hearing:

Annexation for Arminda Guillama, 129 Teagues Loop,

Parcel #8606-19-3891:  October 18, 2005 at 6:30 p.m.

b.  Certificate of Sufficiency:  Gary Beasley,

Resolution No. 05-51 Setting Date for Public Hearing:

Annexation for Gary Beasley, 60 Filly Lane, Parcel

#7697-12-3154:  October 18, 2005 at 6:30 p.m.

c.  Petition for Annexation:  Steven and Gayle Virgo, Lot 23

Maggie Valley Estates (0.62 acres):  Resolution No. 05-52

Directing Clerk to investigate an annexation petition.

d.  Petition for Annexation:  Brannon Forest:  96 parcels

Resolution No. 05-53 Directing Clerk to investigate an

annexation petition.

e.  Correction or Approval of Minutes for: July 21, 2005, and August 2, 2005.

 

As previously stated, Alderman Taylor desires all properties within the same location, owned by the same person, to be annexed into the Town at the same time.

 

ALDERMAN MCELROY MADE A MOTION TO ACCEPT THE CONSENT AGENDA AS PRESENTED.

MOTION CARRIED UNANIMOUSLY.

 

APPEARANCE OF KYLE EDWARDS REGARDING CERTAIN LAND HE OWNS THAT IS UNDULY RESTRICTED BY THE TOWN’S ZONING ORDINANCE.

Mr. Edwards addressed Council stating that the area in question has been lots of record for seventeen plus years. After the initial zoning of Residential 1, approximately $50,000 has been spent since the Board of Aldermen informed him that his property would be grandfathered. Mr. Edwards felt that he and other residents within the R1 area have a vested interest. The parcels in question have sewer and water. The lots to the front are 90% occupied. There are lots that have been sold and some already have homes built on them. Lot number 32 just recently sold and the new owner was told he could get a building permit.  More than one hundred sewer taps has been used with the need to purchase more.  Mr. Edwards also felt that requiring large lots in all districts would make land unaffordable to a majority of people. 

 

Council discussed revising Section 1000 of the Zoning Ordinance regarding lots of record. 

 

Mr. Edwards’ development does not meet the R3 standards, therefore deeming the area a Planned Unit Development would not correct the problem.

 

Alderman McElroy felt the Board would need to honor what was told to Mr. Edwards.

 

Attorney Dickson informed Council that use may be grandfathered; but zoning may not.  At this point, the best way to rectify the situation would be to revise the section concerning lots of record. 

 

There are several areas with the same problem i.e. Stoney Ridge, Prescott Park, etc.

 

Chairman Ring spoke from the floor stating that subdivisions platted before being annexed should be allowed as is. Lending institutions will not loan money on non-conforming uses.  The owners may not rebuild if a structure is destroyed.

 

ALDERMAN MCELROY MADE A MOTION TO SEND THE ISSUE BACK TO THE PLANNING BOARD FOR REVIEW AND A RECOMMENDATION.

 

Procedures should be developed due to problems arising when the County approves a plat, the Town then annexes the property, and then Maggie Valley regulations apply. The developer has already installed roads, infrastructure, etc. This is a liability to the Town and affects people’s property rights. 

 

Council agreed there is a need for more zoning districts.

 

MOTION CARRIED UNANIMOUSLY.

 

CONSIDERATION OF APPROVING THE HAYWOOD COUNTY EMERGENCY OPERATION PLAN.

The topic was tabled because Mr. Greg Shupen, with Haywood County Emergency Services, could not attend.

 

MANAGER’S REPORT

4Manager Barth introduced Mr. Nathan Clark as the Planning Director.

 

4Manager Barth reported that Attorney Craig Justus has talked with Attorney Rusty McClain regarding the Quality Inn sign coming into compliance.  The owner is in the loan phase of converting the motel into condominiums. A timetable was not provided for bringing the sign into compliance.

 

No permits have been issued nor has anyone representing the Quality Inn come before the Planning Board for approval.

 

The attorney is still working on getting the Stone Bridge Campground sign into compliance. The campground did not sell as previously discussed.

 

Attorney Dickson informed Council that as part of the lawsuit, mediation would be court ordered.

 

Council discussed different options such as the Attorney writing the property owners another letter, mediation, or giving both parties two weeks before going into a lawsuit.

 

Alderman Taylor again stressed the need to be fair and consistent to all citizens.  Many business owners have brought their signs into compliance. The neighboring business owner Steve Ledford, had to bring the BP sign into compliance.

 

ALDERMAN TAYLOR MADE A MOTION TO HAVE ATTORNEY JUSTUS FILE THE LAWSUIT AND DURING THAT TIME, IF ANY OF THE OWNERS BROUGHT SOMETHING TO THE TABLE, CONCESSIONS COULD POSSIBLY BE MADE.

 

Manager Barth reminded Council that once the lawsuit is filed it might take six months or a year before going to court. This provides the property owners time to bring back an offer but it starts the “clock ticking”.

 

In addition to the Quality Inn sign, Council discussed the restaurant sign located on the property.  The previous Town Manager inadvertently gave a permit for the restaurant sign.

 

Attorney Dickson explained that if the Town required the restaurant sign to be removed, the Town could be legally responsible for the cost of the sign, removal of the sign and loss of revenue for a certain length of time. 

 

ALDERMAN DEMEOLA AMENDED ALDERMAN TAYLOR’S MOTION TO STATE QUALITY INN SIGN.

 

ALDERMAN TAYLOR MOVED TO DIRECT THE TOWN MANAGER TO CONTACT THE LAW FIRM OF VAN WINKLE AND SUBMIT THE PAPERWORK TO BEGIN ENFORCING THE ZONING ORDINANCE. FURTHERMORE, NOW THAT THE SALE DID NOT GO THROUGH, BEGIN ENFORCEMENT ON THE STONE BRIDGE CAMPGROUND.

 

Alderman McElroy asked if Council could direct the Town Manager to send a letter informing the property owners that a lawsuit will be filed in two weeks.

 

Alderman Taylor preferred the letter come from the attorney’s office.

 

ALDERMAN TAYLOR AMENDED HER MOTION TO INSTRUCT THE TOWN MANAGER TO CONTACT THE LAW FIRM AND HAVE THE ATTORNEY SEND A LETTER BY REGISTERED MAIL STATING THAT IN TWO WEEKS A LAWSUIT WILL BE FILED  FOR BOTH SIGNS [Stone Bridge Campground & Quality Inn]

MOTION CARRIED.

 

Alderman Aldridge stated his dissatisfaction with the whole situation. “The Quality Inn sign will be changed when the use is changed. Mr. Reece, the owner, has done more than any other individual has in the last two years to bring people into Maggie Valley.”

 

Alderman Taylor explained that the lawsuit would be against the property owner, not Mr. Reece.

 

ALDERMAN TAYLOR MADE A MOTION TO ADJOURN THE MEETING AT 5:00 P.M.

 

 

 

   Mayor Jo Pinter                                                      Vickie Best, CMC, Town Clerk