Town of Maggie Valley

Regularly Scheduled Board of Aldermen Meeting

November 2, 2004

MINUTES

Members Present: Mayor Jo Pinter Aldermen: Phil Aldridge

Linda Taylor

Mark DeMeola

Staff Present: Manager Bob Shepherd, Police Chief Scott Sutton, Planning Director Kevin Byrd, Public Works Director Mike Mehaffey, and Town Clerk Vickie Best

Others Present: Approximately 75 people

Public Announcements

Foley Alabama Cultural Exchange

Meeting Called to Order

Mayor Pinter called the meeting to order at 1:40 p.m. on Tuesday November 2, 2004 in the Town Hall Boardroom.

Public Comment Period

Ms. Brenda O’Keefe a resident of Maggie Valley for over forty years and an adjacent property owner to the proposed Campbell Creek subdivision spoke in opposition of the R3 zoning stating that the town board would be remiss if a traffic and flood plain study is not completed. Ms. O’Keefe will submit an application to serve on the planning board.

Mr. Jim Redmond addressed council seconding Ms. O’Keefe’s words. Mr. Redmond went on ask that the police officer on duty carry a cell phone for residents/business owners to call. There are times that a business may want an officer but does not want the report going out over the radio or the police car come with lights flashing.

Mayor Pinter asked that police cell phones be placed on the agenda for discussion.

The red telephone outside the police department calls 911 directly.

Consent Agenda

Minutes: September 21, 2004

September 27, 2004

October 4, 2004

October 5, 2004

October 11, 2004

Resolution 04-22 Financing Police Car at 3.56%

ALDERMAN DEMEOLA MADE A MOTION TO APPROVE THE CONSENT AGENDA AS PRESENTED.

ALDERMAN TAYLOR SECONDED THE MOTION.

MOTION CARRIED UNANIMOUSLY.

Public Hearing: Recreation Impact Fee

Mayor Pinter opened the public hearing at 1:56 p.m. stating this is the time and place for comments as advertised regarding the proposed Recreation Impact Fee Ordinance.

The proposed ordinance:

Section Dedication of Open Space and Recreational Land.

(1) General Provisions. The subdivider of each major subdivision for residential purposes shall dedicate a portion of such land or pay a fee in lieu thereof, in accordance with this section, for public park, greenway, recreation and open space sites to serve the recreational needs of the residents of the subdivision.

(2) Amount of Land to be Dedicated. At least one thirty-fifth (1/35) of an acre shall be dedicated for each dwelling unit planned or proposed in the subdivision plat.

The minimum amount of land which shall be dedicated for a public park, recreation, or open space site shall be no less than two acres in size. When the area to be provided is less than two acres, the subdivider shall be required to make payment in lieu of the dedication to be used for the acquisition or development of recreation, park, or open space sites which would serve the needs of the residents of the subdivision.

(3) Nature of Land to be Dedicated. Except as otherwise required by the Planning Director at the time of preliminary plat approval, all dedications of land shall meet the following criteria:

(a) Unity. The dedicated land shall form a single parcel of land, except where the Planning Board determines that two or more parcels would be in the best interest of the public, given the type and distribution of open spaces needed to adequately serve the proposed development. In such cases, the Town Council may require that such parcels be connected by a dedicated strip of land at least 30 feet in width.

(b) Usability. Two-thirds (2/3) of the dedicated land shall be useable for active recreation. Furthermore, lakes and other bodies of water may not be included in computing any of the dedicated land area. Land dedicated only for greenways need not follow the requirements of the sub-section.

(c) Shape. The shape of the portion of the dedicated land which is deemed suitable for active recreation shall be sufficiently square or round to be usable for any or all recreational facilities and activities, such as athletic fields and tennis courts, when a sufficient amount of land is dedicated to accommodate such facilities. Land dedicated only for greenways need not follow the requirements of this sub-section.

(d) Location. The dedicated land shall be located so as to reasonably serve the recreation and open space needs of residents of the subdivision.

(e) Access. Public access to the dedicated land shall be provided either by adjoining public street frontage or by a dedicated public easement, at least 30 feet wide, which connects the dedicated land to a public street or right-of-way. Gradients adjacent to existing and proposed streets shall allow for reasonable access to the dedicated land. Where dedicated land is located adjacent to a street, the developer or subdivider shall remain responsible for the installation of utilities, sidewalks and other improvements required along that street segment. Public access to greenway dedications only shall be at least 20 feet wide.

(f) Topography

(g) Landscaping. Dedicated parks, recreation, and open space areas shall have a sufficient natural or manmade buffer or screen to minimize any negative impacts on adjacent residents.

(4) Procedure for Dedication of Land. The dedication of land shall be reviewed and approved as part of the preliminary plat. The subdivider shall designate on the preliminary subdivision plat the area or areas of land to be dedicated pursuant to this section. Upon receipt of the preliminary subdivision plat, the Planning Director shall submit a copy thereof to the Planning Board for review. The board shall submit any and all recommendations concerning the land to be dedicated to the Board of Aldermen. The Board of Aldermen reserves the right to refuse or accept dedication of parcels for public park, recreation, or open space.

(5) Submission of Deed and Survey. If deeding property to the Town, an executed general warranty deed conveying the dedicated land to the Town of Maggie Valley, and a reproducible mylar boundary survey, shall be submitted no later than two years after the approval of the preliminary plat, or by the time that 50 percent of the certificates of occupancy have been issued, whichever is earlier. The Planning Board may grant an extension of time after the initial two years after subdivision plat approval has elapsed. If keeping the property for exclusive use of the subdivision, the developer must include notes on the recorded mylar indicating access to the property for residents of the subdivision.

Section Payments of Fees in Lieu of Land Dedication.

(1) General. The payment of fees, in lieu of the dedication of land under Section ___ above, may occur at the request of the subdivider or developer. However, the decision to require the dedication of land for recreational purposes, or a payment of fee in lieu, shall be made by the Board of Aldermen after having received a recommendation from the Planning Board and having evaluated the proposed dedication and the relationship such dedication would have with the Town's overall recreational needs.

The preliminary plat approval and the decision to either accept land for recreational purposes or fee in lieu of shall rest with the Board of Aldermen.

(2) Procedure for Approval. The payment of such fees in lieu of land dedication shall be reviewed and approved as part of the preliminary plat. Any subdivider wishing to make such payment shall attach to the application for the preliminary plat approval a letter requesting the payment of fees in lieu of land dedication. Upon receipt of the preliminary subdivision plat, the Planning Director shall submit a copy thereof, along with the letter, to the Planning Board for review. The Planning Board shall submit any and all recommendations concerning the payment of fees in lieu of dedication to the Board of Aldermen.

(3) Time of Payment. The fees in lieu of dedication shall be paid prior to recording any lot(s) in the subdivision to which the fees relate.

(4) Amount of Payment. The amount of payment shall be the product of:

(a) The number of acres to be dedicated, as required by Section ___ above;

(b) The assessed value for property tax purposes of the land being subdivided, adjusted to reflect its current fair market value at the time such payment is due to be paid.

Procedures for determining the amount is as follows:

1. An appraisal of the land in the development shall be performed by a professional real estate appraiser selected by the developer from a list maintained by the Board of Aldermen. The appraisal shall not be done prior to submission of the preliminary plat. The cost of the appraisal shall be borne by the developer.

2. Professional real estate appraiser who is licensed by the State of North Carolina and has a general State appraisal certification and has expertise in performing raw land appraisals who, in the opinion of the Board of Aldermen, has the expertise and/or certification to perform an adequate appraisal.

(5) Disagreements as to Amount. In the case of disagreement between the Town and the applicant regarding the fair market value of the property, such determination shall be made by a special appraisal committee consisting of one professional appraiser appointed by the Town Manager, one professional appraiser appointed by the applicant, and one professional appraiser appointed by the first two committee appointees. This committee shall view the land and hear the contentions of both the Town and the applicant. The findings of the committee shall be by a majority vote and shall be certified to the Town Council in writing within 30 days of the date the third member is appointed to the committee. The costs of the professional land appraiser appointed by the applicant shall be borne entirely by the applicant; the Town shall bear all other costs associated with the committee.

(6) Use of Funds. All monies received by the Town pursuant to this section shall be used only for the acquisition or development of parks, greenways, open space sites, and related facilities.

Section Authority to Sell

The Board of Aldermen shall have the authority to sell land dedicated pursuant to Section (whole chapter). The proceeds of such sale shall be used for the acquisition and/or development of other recreation, park or open space sites.

Section Provisions of Equivalent Facilities Under Neighborhood or Community Home Owners

Association Management

The Town encourages neighborhood or homeowner associations or management to construct, operate, and maintain private parks and recreation. The construction, operation, or maintenance of such private facilities shall not, however, diminish or eliminate the responsibility and obligations of the subdivider subsection (whole chapter).

Section Greenways

Greenways may be credited against the requirements of Section (whole chapter) provided that such greenways are part of the Town's greenway plan and are dedicated to public use.

Planning Director Kevin Byrd addressed council explaining the proposed ordinance. The Planning Board feels that R3 subdivisions are not providing for recreation/green space. The proposed ordinance requires dedication of land or payment to the town to enhance the town owned parks. This ordinance is based on the minimum state regulations. Maggie Valley’s Comprehensive Plan calls for recreation/ green space.

The proposed ordinance would help the esthetics of R3 subdivisions, impervious surface, storm water run off, and provide residents with an area for recreation.

The area does not have to be dedicated to the town and the homeowners association could be responsible. Chairman Tilley explained that Valley Creek Run Subdivision has green space and the homeowners carry a small inexpensive insurance policy. This is common in subdivision all over the state.

Alderman Taylor felt council needed time to research the issue and gather input from the community.

Ms. Shirley Pinto explained the procedure of obtaining park/recreation grants and the restrictions placed on the area when grants are awarded. Ms. Pinto was in favor of green space/ greenways but asked that council wait until an expert that goes to small towns and provides seminars to realtors comes to the area and provides more data on high density development.

Mr. Jim Blyth, a local realtor and developer addressed council in opposition of the proposed ordinance stating that the ordinance puts everyone at a disadvantage. Major subdivisions are considered four lots or more. The requirement puts a burden on the developer at the on-set of the project. Mr. Blyth felt that people will end up paying twice. There will be a continued maintenance issue and a cost for the city.

Mr. Jess Osborne, a local realtor, agreed with Mr. Blyth adding that this is a controversial issue across the state. Many communities do not want recreation.

Referring to the following section of the ordinance: Access. Public access to the dedicated land shall be provided either by adjoining public street frontage or by a dedicated public easement, at least 30 feet wide, which connects the dedicated land to a public street or right-of-way. Gradients adjacent to existing and proposed streets shall allow for reasonable access to the dedicated land. Mr. Osborne went on to add that access, as described, means giving up part of the prime land.

Ms. Thelma Glover addressed council asking that the Soco Garage be required to follow the ordinances and remove the junk cars.

Mr. Otis Sizemore addressed council stating that the planning board needs to protect the interest of the people prior to development. Recreation set aside is desirable if you have a natural resource such as access to a creek or overlook. Mr. Sizemore felt this issue should go back to the planning board for further review.

Mr. David Pope of Smoky Mountain Retreat sets aside 1/10 of the land for greenspace and also dedicated park land along the creeks. This works great for larger subdivision and becomes part of the homeowners association’s responsibility.

Ms. Blanch Campbell a resident of Campbell Creek supported the proposed ordinance adding that if the ordinance had been in place a few years back Campbell Creek would not be in the mess it is today with the high density development.

Mayor Pinter closed the public hearing at 2:25 p.m.

Alderman Taylor acknowledged the importance of greenspace and described the pond she is installing as well as being instrumental in getting the town the waterfall at Villa L’Abri. Alderman Taylor had concerns about this creating a hardship for families giving land to their children.

Mr. Byrd informed Alderman Taylor that this ordinance would not apply to family subdivision.

Alderman Taylor questioned the impact if parents wanted to sell the land to send a child to college or start a business.

It is the consensus of the board that more time is needed to research the issue. Council will discuss the issue at a workshop.

Alderman DeMeola asked that research be done on the legalities of the ordinance.

Public Hearing: Zoning of Campbell Creek/ Rocky Top Road/ Deer Run Road

( Area 01-B)

Mayor Pinter opened the public hearing.

Mr. Carroll Avera addressed the board in opposition of the proposed R3 zoning for Campbell Creek adding that it is the most beautiful valley in the state. People stop and tell him thank you for preserving the land and the old home place.

Ms. Betty Avera read the attached letter entitled Document 1 Campbell Creek Concerned Property Owners as well as a signed petition opposing the zoning.

A letter from Jane Beaver was submitted for the record (Entitled Document 2 Concerned Property Owner).

Ms. Shirley Pinto stating her opposition ask that a traffic study be completed for the area and that the seven historical homes located within the gorgeous valley be considered, since heritage tourism is an upcoming industry. “High density ruins the tourist dollar.”

Alderman Taylor stated that there is a need for affordable housing.

Ms. Pinto asked that council listen to the voice of the people.

Chairman Tilley again stressed that the planning board does not want high density in the Campbell Creek area because of environmental concerns.

Ms. Pinto questioned Alderman Taylor’s ability to vote on the issue because of her real estate license being with Elk Realty.

Alderman Taylor informed council that her license is with M. V. Properties.

Ms. Jean Day also spoke in opposition to the R3 zoning and the affect high density has on her rental business.

When questioned about high density, Mr. Byrd stated that without zoning in place the subdivisions would be required to meet minimum standards, which would be R3.

The planning board members had mixed emotions about compromising for R2 zoning in the Campbell Creek area. The high density has such a negative impact on the environment within the fresh water intake, watershed and impervious areas. The planning board believes in growth, but planned growth.

Alderman Aldridge felt the beauty of the valley should be preserved for our children and visitors.

Mayor Pinter felt the issue was too important not to have legal representation available.

Alderman Taylor reminded council that other uses could be placed in the area such as a planned unit development or an outlet mall. The town has no jurisdiction over the outlaying area, which could be built out with septic tanks thus creating more environmental concerns.

Again council discussed there being a conflict of interest. Alderman Taylor has no contracts pending in the area nor stands a chance of financial gain.

Alderman DeMeola agreed with Mayor Pinter that legal representation should be available before moving forward with a decision. Alderman DeMeola thanked the audience both for and in opposition of the zoning of Campbell Creek and promised a resolution to the matter.

Mr. Jimmy Fisher, the property owner is aware of the situation. Mr. Blyth is speaking on his behalf.

The board will make a decision at the next regularly scheduled meeting on November 16, 2004. Mr. Byrd will research NCDOT data concerning the increased traffic pattern.

Mr. Blyth explained that the average lot in the proposed subdivision is larger than the R3 requirements.

After hearing such a united voice from the Campbell Creek residents, Chairman Tilley stated that the increased lot size proposed several months ago might need to be looked at once again.

Mayor Pinter closed the public hearing at 4:50 p.m.

Off-Premise Signs

Mr. Byrd reported that NCDOT installs signs known as tourist oriented directional signs. These signs are approximately 16” tall and 72” wide with blue with white lettering. The cost is approximately $800 but NCDOT installs and maintains the signs. NCDOT would also locate the sign within their right-of-way.

Sonja Michels/ Creekwood Village: Request for a Decision on the Installation of a Permanent Sign

Ms. Michels will address council at the next regularly scheduled Board of Aldermen meeting.

Planning Board Appointments: Two Vacancies

The Board of Alderman will conduct the remaining interviews next Monday.

Mr. Ring felt there was a conflict of interest appointing someone to both the planning and the zoning board of adjustment. Mr. Ring had previously submitted a letter (attachment 2 entitled Zoning Board Chairman Conflicts of Interest) explaining his thoughts.

Mr. Shepherd reported that the League of Municipalities reports there are no laws prohibiting someone from serving on both boards.

Mr. Pierce, while sitting on the Planning Board, was appointed to the Zoning Board of Adjustment. Chairman Ring informed council that Mr. Pierce has not taken an oath of office for the zoning board.

ALDERMAN DEMEOLA MADE A MOTION TO SET AS POLICY OF THE TOWN OF MAGGIE VALLEY THAT ALL APPLICANTS ARE LIMITED TO ONE SWORN BOARD SEAT AT A TIME.

ALDERMAN ALDRIDGE SECONDED THE MOTION.

Council is aware of the limited number of people willing to serve but diversity is needed and everyone is encouraged to solicit citizens to serve. The town will begin advertising for applicants.

The planning board and zoning board of adjustment were one board until a few years ago. One meeting would be adjourned then the members would open the second meeting. A different set of rules apply to each separate board. The advantage of being one board is understanding the intent of the ordinance.

MOTION CARRIED UNANIMOUSLY.

Mr. Byrd will review the proposed amendments (alternates) and draft an ordinance for council approval.

Request to Address the Board: Dan Massey: RE: Festival Board

Mr. Massey was not in attendance.

October Release of Taxes

ALDERMAN TAYLOR MADE A MOTION TO RELEASE THE TAXES AS PRESENTED.

ALDERMAN ALDRIDGE SECONDED THE MOTION.

MOTION CARRIED UNANIMOUSLY.

Other Business

Alderman Aldridge felt the vacant council member seat should be filled as soon as possible for the remaining board members as well as the employees. Alderman Aldridge asked that more applicants be solicited by running a public notice, put on festival ground sign and announce at all meetings until position is filled.

Meeting Adjourned

ALDERMAN DEMEOLA MADE A MOTION TO ADJOURN AT 5:40 P.M.

ALDERMAN ALDRIDGE SECONDED THE MOTION.

MOTION CARRIED.

_____________________________________

Jo Pinter, Mayor

____________________________________

Vickie Best, CMC

Town Clerk