Town of Maggie
Valley
Regularly
Scheduled Board of Aldermen Meeting
February 15, 2005
MINUTES
Members Present: Mayor Jo Pinter Aldermen: Roger McElroy
Mark DeMeola
Phil Aldridge
Members Absent: Alderman Linda Taylor (1:30 session only)
Staff Present: Manager Bob Shepherd, Chief Scott Sutton, Planning Director Kevin Byrd, Attorney Chuck Dickson, and Town Clerk Vickie Best
Others Present: Approximately 35 people
A public hearing on the question of zoning area 01-B commonly known as Campbell Creek Road, Deer Run Road and Rocky Top Road will be conducted at 1:30 p.m. and again at 5:30 p.m.
Meeting
Called to Order
Mayor Pinter called the meeting to order at 1:40 p.m. in the Town Hall Boardroom.
Public Hearing: Zoning of Area 01-B Commonly Known as
Campbell Creek Road, Deer Run Road, and Rocky Top Road
Attorney Dickson reported that he had talked with attorneys at the Institute of Government regarding Maggie Valley conducting a public hearing at 1:30 p.m. and 5:30 p.m. The public hearings are legal.
Mayor Pinter opened the public hearing at 1:45 p.m.
Mayor Pinter asked that people within the proposed zoning area address council stating their name and address.
Planning Director Kevin Byrd distributed color-coded maps of the area in question. Mr. Byrd reported that the Planning Board recommends Residential 1 zoning for the entire area. Staff recommends Residential 2 for the area in blue with the remainder being Residential 1.
Alderman McElroy responded that the proposed area of R2 by staff is “built out” so it would make no difference.
Mr. Byrd agreed that 95% of the area is “built out”. Non-conforming use is not based on lot size so residential use would never be a problem.
Mary Nice 71 Donald Circle
Ms. Nice desires the area zoned R1- low density because of the increase flow of traffic in an already congested area.
Brenda O’Keefe 4369 Soco Road
Ms. O’Keefe provided a history of the Campbell Creek area and described one of the last pristine areas in Haywood County. Ms. O’Keefe is opposed to high density.
Comments from adjacent property owners:
Peter Hessen 561 Caldwell Dr (500 feet from corporate
limits)
Mr. Hessen is opposed to high density zoning in the area. Mr. Hessen felt the developers were interested in using up the land and then they would be gone leaving Maggie Valley with the problems.
James Carver 168 Red Oak Drive
Mr. Carver already lives inside the corporate limits through personally requesting to be annexed. Mr. Carver questioned why another hearing was being held after the R1 zoning passed at the last public hearing.
Attorney Dickson responded that there was a technical error in notification and a developer had sued the town. The town went through the notification process and scheduled another public hearing.
Attorney Dickson went on to explain that the planning board must make a recommendation to the town council for zoning.
Shirley Pinto 3710 Soco Road
Ms. Pinto opposes high density. Ms. Pinto went on to talk about environmental concerns and distribute information from ecological experts informing people of the “fan effect” often created by high-density building. All of Maggie Valley is within the fan of landslides.
Blanch Campbell 373 Campbell Creek Road
Ms. Campbell opposes high-density housing, going on to describe the beauty of Campbell Valley with the pristine water feeding the watershed. Ms. Campbell also had concerns about the influx of traffic on an already busy road.
Larry Wright 391 Johnson Branch Road
Mr. Wright opposes high density expressing concerns about the watershed and the impact of septic tanks, pavement, fertilizer and such.
Mayor Pinter thanked everyone for their comments.
ALDERMAN ALDRIDGE
MADE A MOTION TO RECESS THE PUBLIC HEARING UNTIL 5:30 P.M.
ALDERMAN DEMEOLA
SECONDED THE MOTION.
MOTION CARRIED.
Mayor Pinter reconvened the meeting at 5:34 p.m. There were approximately 70 people present.
Mayor Pinter reopened the pubic hearing at 5:35 p.m. explaining the reason for a second public hearing due to a technical error in notification.
Mr. Byrd explained that a recommendation of R2 had been made in October coinciding with a request to adopt an ordinance requiring green-space. In November after much deliberation, the Planning Board recommended zoning the area R1.
There was discussion on Pioneer Village (resort) being a commercial use. When commercial is zoned residential or vice-verse, there is an impact from lending institutions.
Alderman Taylor confirmed the impact, going on to describe a situation she was involved in when selling a residential home located behind Teague’s Grocery that was zoned commercial due to being in the vicinity of US-276.
Attorney Dickson concurred.
Mayor Pinter opened the floor for comments.
Carol Carson 386 Stoney Ridge Loop
Mr. Carson asked Council to make the right decision by zoning the area low density. Mr. Carson added that cluster housing is fine when they are surrounded by green space that can be used for farming and a habitat for wild life. Small housing clusters surrounded by larger clustering of homes will destroy the area.
Mary Nice 71 Donald Circle
Mr. Nice opposes high density adding that the reason people come to Maggie Valley is for the beauty of the mountains and valleys. High-density development affects travel and all aspects of everyday life. Regarding the Planning and Zoning Board of Adjustments, Ms. Nice felt realtors, developers and builders should not be allowed to vote because high-density housing increases their income.
Derrick Cole 4007 Soco Road
Mr. Cole owns and operates the Apple Cover Inn. Mr. Cole asked that council give consideration to businesses when zoning the area.
Jim Beaver 55 Windswept Frive
Mr. Beaver explained that he had signed a petition requesting R1 zoning. Mr. Beaver asked that Council consider the petition when the zoning decision is made.
Sherry Griffith 639 Caldwell Drive
Ms. Griffith explained that six generations have lived on the land where she currently lives and now traffic has become so heavy that she is afraid to let her children outside to play. Mr. Griffith felt the developers would use up the land and then they would be gone leaving all these small log cabins behind for the neighbors to deal with the problems.
Gayle Shashy McIntosh Lane
Mr. Shashy addressed Council pleading that the area be zoned low- density. Ms. Shashy felt poor zoning is worse than no zoning. What once was a beautiful pasture is now covered with log cabins with green roofs. High-density affects the air and water leaving a low supply for future generations.
ALDERMAN ALDRIDGE
MADE A MOTION TO EXTEND THE PUBLIC HEARING TIME FRAME.
ALDERMAN DEMEOLA
SECONDED THE MOTION.
MOTION CARRIED.
Shirley Pinto 3710 Soco Road
Again, Ms. Pinto addressed Council, providing information about the “Fan Effect” of mudslides. Maggie Valley is a cluster of fans because of the soil structure and topography. Ms. Pinto opposes high-density housing because of the danger of mudslides and the negative impact on the environment.
Jay Ring 55 Bennett Drive
Mr. Ring felt the town is trying to limit growth. State laws must be adhered to but Mr. Ring felt the actions of the hearing were not legal. The Town has listened to legal council and it ended up costing the taxpayers in excess of $10,000. As for new homes causing people to loose their view, Mr. Ring questioned if they [existing homeowners] took someone’s view.
Peter Hesson 561 Caldwell Drive
Mr. Hesson responding to Mr. Ring stated that Mr. Ring would benefit from high-density because he is a builder.
Mayor Pinter closed the pubic hearing at 6:25 p.m.
Alderman DeMeola felt the Flea Market and Pioneer Village Resort should be zoned commercial but the remaining area should be low-density.
Alderman McElroy concurred.
Alderman Taylor explained to the audience how Crockett’s Meadow came about. The subdivision met county standards and then met town standards by being required to petition for annexation when of seeking sewer service. Alderman Taylor talked with several mortgage companies and confirmed the adverse impact of trying to sell or refinance a home that is non-conforming to the zoning district.
Mr. Byrd and Planning Board Co-chair Billy Brede again went over the reasons and events of the Planning Board changing their recommendation from R2 to R1.
Alderman McElroy discussed the impact of storm water run off in the Campbell Creek area and the financial brunt the town will be hit with in trying to fix the problem. The State is now requiring these issues to be addressed by the municipality.
Mr. Case, a planning board member agreed with Alderman McElroy, adding that well water would be affected as well.
Mr. Byrd reported that the State is looking into a problem area where the storm water ponds up and covers the road.
Alderman Taylor questioned where development would take place, if not on the valley floor or on the mountainsides. The strategic plan calls for high density in the area.
Mayor Pinter agreed that larger lots are needed up the mountain slopes but higher density could be on the valley floor. Mayor Pinter also asked that council put the Blyth project to the side and focus on the existing use. “There are people living on lots that do not meet R1 standards but are still asking for R1 zoning. These people would be restricted when trying to sell, refinance, or rebuild.”
Mr. Byrd again explained that use is considered as being non-conforming, not lot size.
Mr. Carver spoke from the floor, asking that council make a motion and move forward.
ALDERMAN MCELROY
MADE A MOTION TO ZONE THE AREA R1 THEN AMENDED THE MOTION TO EXCLUDE PIONEER
VILLAGE, THE FLEA MARKET TO BE ADDRESSED AT A FUTURE MEETING.
ALDERMAN ALDRIDGE
SECONDED THE MOTION.
When questioned about the motion, Mr. Brede agreed with Alderman McElroy.
Mr. Ring felt that if consideration was being given to Pioneer Village and the Flea Market, consideration should be given to the Blyth project.
Alderman DeMeola asked if the portion of the Blyth project where vested rights are being questioned could be broken out of the proposed motion.
Mr. Byrd responded that due to topography and the need (State Required) for defined boundary lines, those properties could not be excluded.
Mayor Pinter recommended the council members conduct a hearing to determine if there are vested rights before facing the expense of another lawsuit.
Alderman DeMeola felt that such a hearing would be based on speculation.
Alderman McElroy agreed with Alderman DeMeola adding that he did not see vested rights because it is the developer’s responsibility to get approval from the town and to follow the proper procedures.
Alderman Taylor felt Mr. Blyth acted within the ordinance. “He had approval on the preliminary plat.”
ALDERMAN DEMEOLA
VOTED IN THE AFFIRMATIVE.
ALDERMAN TAYLOR
VOTED NO.
MAYOR PINTER VOTED
NO.
MOTION CARRIED BY
MAJORITY.
There was a brief recess between 7:35 p.m. and 7:50 p.m.
Consent Agenda: a. Approval or Correction of Minutes: September 23, 2004
November 17, 2004
November 22, 2004
b. Resolution No. 05-1 Repealing the Discounts for Taxes Levied for Fiscal Years Beginning on and After July 1, 2005
c. Tax Release
d. Budget Amendments: ordinances: 336, 337
ALDERMAN TAYLOR
MADE A MOTION TO ACCEPT THE CONSENT AGENDA AS PRESENTED.
ALDERMAN MCELROY
SECONDED THE MOTION.
MOTION CARRIED.
Proposed Text Amendment to Zoning Ordinance
Mr. Byrd explained the proposed amendment and the need to have the ordinances interconnect for clarity.
Current: Ord. #279 Extraterritorial Jurisdiction (ETJ)-
Page 3
Duties as to subdivisions.
(a) The Board of Adjustment shall review from time to time the existing regulations for the control of land subdivision in the area and submit to the Board of Aldermen its recommendations, if any, for the revision of such regulations.
(b) The Board of Adjustment shall be the review authority for all proposed plats of land subdivision.
Proposed: Ord. #279 Extraterritorial Jurisdiction (ETJ)-Page 2
General powers and duties.
In addition to the duties prescribed by state law, it shall be the duty of the Planning Board to do the following:
(1) Acquire and maintain in current form such basic information and materials as are necessary to an understanding of past trends, present conditions, and forces at work to cause changes in these conditions;
(2) Prepare and from time to time amend and revise a comprehensive and coordinated plan for the physical development of the area;
(3) Establish principles and policies for guiding action in the development of the area;
(4) Prepare and recommend to the Board of Aldermen ordinances promoting orderly development along the lines indicated in the comprehensive plan;
(5) Determine whether specific proposed developments conform to the principles and requirements of the comprehensive plan for the growth and improvement of the area;
(6) Keep the Board of Aldermen and the general public informed and advised as to these matters;
(7) The Planning Board shall be the review authority for all proposed plats of land subdivision.
(8) Perform any other duties which may lawfully be assigned to it.
The above proposed text amendment removes the section (b), "Duties as to Subdivisions" and places it under the Planning Board's "General Powers and Duties" and is reflected in item #7.
Current: Ord. #279 Extraterritorial Jurisdiction (ETJ)- Page 3
Regular
meetings required; nature of meeting; quorum.
(a) The Board of Adjustment shall hold at least one (1) meeting monthly, and all of its meetings shall be open to the public.
(b) There shall be a quorum of five (5) members for the purpose of taking any official action required by this article.
Proposed: Ord. #279 Extraterritorial Jurisdiction (ETJ)- Page 3
Regular
meetings required; nature of meeting; quorum.
(a) The Board of Adjustment shall hold at least one (1) meeting monthly, and all of its meetings shall be open to the public.
(b) There shall be a quorum of four-fifths (4/5) members for the purpose of taking any official action required by this article.
The above proposed text amendment changes item (b) from a quorum of five (5) members to a quorum of four-fifths (4/5) to reflect consistency with the NC State Statutes for taking official action.
Zoning Board Chairman Ring agreed with the amendments adding that the Zoning Board desperately needs alternates and ETJ members. “The ordinances must be revised.”
ALDERMAN MCELROY
MADE A MOTION TO SET MARCH 1, 2005 FOR THE PUBLIC HEARING ON THE PROPOSED
ZONING ORDINANCE AMENDMENT.
ALDERMAN DEMEOLA
SECONDED THE MOTION.
MOTION CARRIED.
Mr. Byrd reported that a volunteer is currently taking an inventory of structures, units, etc within the flood plain area of Jonathan Creek.
Request to Use Festival Grounds: Western Carolina Dog
Fanciers Association
September 10 and 11, 2005: Joe Moody
The association’s goal is to become an actual points system dog show. The non-profit association has adequate insurance and hope to break even on the cost of the event.
Alderman Taylor questioned the show being on the same weekend as the Cherokee Rally.
Mr. Moody was willing to check with the association to see about scheduling another date.
Mr. Moody will talk with the association and attend the next meeting of the Board of Aldermen.
Recommendation from Staff and Jarred Bullock of the
Chamber: Festival Grounds Clean up for Craft Show after Rodeo
Mr. Mehaffey talked with Mr. Sanford and feels there would not be a problem with clean up and if there is, the $1,500 deposit would cover the cost of the town fixing the grounds.
ALDERMAN DEMEOLA
MADE A MOTION TO APPROVE THE RODEO.
ALDERMAN ALDRIDGE
SECONDED THE MOTION.
MOTION CARRIED.
Chamber Craft Show
Council discussed the benefits to the businesses by bring people into town and the burden on the taxpayers for making the payments on the festival grounds.
A deposit will be needed to cover the expense of cleaning the property in the event the chamber does not.
ALDERMAN DEMEOLA
MADE A MOTION TO APPROVE THE EVENT WITH ONE ROLL-OVER DEPOSIT TO BE DETERMINED
BY THE MANAGER AND PUBLIC WORKS DIRECTOR AND A 50/50 SPLIT OF NET PROFITS.
IN FAVOR OF THE
MOTION: ALDERMEN ALDRIDGE AND MCELROY
AGAINST THE
MOTION: ALDERMAN TAYLOR AND MAYOR PINTER
MOTION CARRIED BY
MAJORITY.
Close out Account to Reinvest for Better Interest Rate
ALDERMAN TAYLOR
MADE A MOTION TO CLOSE THE ACCOUNT AND SEEK A BETTER INTEREST RATE.
ALDERMAN DEMEOLA
SECONDED THE MOTION.
MOTION CARRIED.
Delinquent Tax List to Advertise
ALDERMAN TAYLOR
MADE A MOTION TO ADVERTISE THE DELINQUENT TAX LIST.
ALDERMAN ALDRIDGE
SECONDED THE MOTION.
MOTION CARRIED.
Appoints to the Zoning Board of Adjustment
Mr. Pinter will volunteer as an alternate until the board has a sufficient number of members. A press release will be in the Wednesday edition of the Mountaineer. Each council member was to talk with people and submit names of people willing to serve. Council could conduct interviews and make the appointments at the next meeting.
Mr. Ring opposed, stating that there are candidates willing to serve.
Alderman DeMeola felt new applicants should be sought in order to have more diversity.
Alderman Aldridge agreed, adding that realtors, builders, and people directly involved with development hold the positions.
After clarifying, Ms. Dennis would need to excuse herself from voting on any issues involving the Blyth project:
ALDERMAN TAYLOR
MADE A MOTION TO APPOINT MS. DENNIS.
ALDERMAN TAYLOR WITHDREW THE MOTION adding this is why we have no applicants.
ALDERMAN DEMEOLA
MADE A MOTION TO APPOINT MR. TORRY PINTER AS AN ALTERNATE AND THEN CONDUCT
INTERVIEWS AT A LATER DATE.
ALDERMAN ALDRIDGE
SECONDED THE MOTION.
Chairman Ring opposed the motion stating that these people are willing to serve and there are variances coming up before the Zoning Board when a quorum is needed.
Alderman DeMeola felt the board should follow protocol the same as any appointments on other boards.
MOTION CARRIED.
ALDERMAN MCELROY
MADE A MOTION TO SCHEDULE INTERVIEWS FOR ONE WEEK AFTER THE PRESS RELEASE AND
MAKE THE APPOINTMENTS AT THE NEXT COUNCIL MEETING.
ALDERMAN DEMEOLA
SECONDED THE MOTION.
MOTION CARRIED.
Update on Brannon Forest Subdivision
Mr. Mehaffey reported that forty-three property owners have signed an annexation agreement. Ten of the forty-three properties are vacant. The original buyer owns twenty-three of the forty-three properties. The town has no paperwork on seven lots and three of those lots are vacant.
Attorney Dickson felt the town was providing the service and there should not be anyone that wasn’t aware of the agreement by the developer.
Council discussed resolving the situation by increasing sewer user rates, by disconnection of service, or by seeking special legislation.
The issue was tabled until the next council meeting.
Resolution Rules and Procedures for Agenda Setting
Meeting
After Council directed Manager Shepherd to add, “That in an emergency, a public hearing could be held the first Tuesday of the month” the issue was tabled until the next board meeting.
Otis Sizemore Request to Address Council
Mr. Sizemore asked to be removed until the next meeting agenda.
Other Business
Mayor Pinter felt a special hearing should be conducted for vested rights on the Blyth property. Alderman DeMeola disagreed, responding that the town is acting under the advice of an attorney and should continue to operate under the advice of an attorney.
Mr. Ring stated that the board’s actions are illegal if there is not a contract with the attorney.
Council recessed briefly from 9:45 p.m. until 9:55 p.m.
Alderman McElroy stated that the next cycle for grant funding ends March 15, 2005. Alderman McElroy would like for the funding, if awarded, to go toward an engineer study on the Villa L’ Abri property. The area should be handicap accessible.
Council authorized Manager Shepherd to research the possibility and to contact Mr. Joe Moody to get endorsement from the Haywood County Greenways Association.
Council discussed the hiring of a town manager and affects of council members going to staff rather than through the manager. Alderman DeMeola stressed the need for every issue to be addressed in the open before all board members. There is a need for better communication between board members. Alderman Aldridge felt the board should stop micro-managing and allow the manager to do his job.
There was a discussion on a breach of trust between council members and the credibility of some issues pertaining to the negotiations for a proposed manager and the events leading to the potential applicant pulling his application.
Any information gathered by one board member should be provided to all board members.
On motion by Alderman Aldridge, the meeting adjourned at 10:30 p.m.
__________________________________
Mayor Jo Pinter
__________________________________
Vickie Best, CMC Town Clerk