Town of Maggie Valley

Special Called Planning Board Meeting

October 4, 2004

MINUTES

Members Present: Chairman Pat Tilley, Jerry Zerbock, Richard Pierce, Billy Brede, and Joann Lyons

Staff Present: Planning Director Kevin Byrd and Town Clerk Vickie Best

Others Present: Mayor Jo Pinter and Alderman Linda Taylor

Meeting Called to Order

Chairman Tilley called the meeting to order at 3:32 p.m. on Monday October 4, 2004 in the Town Hall Boardroom.

Zoning of Campbell Creek/ Rocky Top Road/ Deer Run Road (Area 01-B)

Mr. Byrd informed the board that he would present the planning board’s position on the proposed zoning as well as the planner’s position. After completing a windshield survey of the area, Mr. Byrd felt the land most suitable for high-density zoning would be the lower portions of area 01-B. The land is flat and below the fresh water intake. Storm water run-off and the speed of water creating erosion problems would not be as detrimental as on land that slopes. The east side of Campbell Creek already has a planned unit development (PUD) in place. Crockett Meadows is zoned R3. Mr. Byrd agreed that the upper portions within the watershed should be zoned Residential 1; especially with the restrictions placed by the county and the proposed overlay district.

After reviewing notes taken during the presentation by Haywood Waterways, Soil and Water Conservation, County Planner, and the Maggie Valley Sanitary District Manager, Chairman Tilley still had concerns about high-density zoning. The Planning Board feels that the decision will be sincerely regretted in future years.

Mr. Byrd explained that there are storm water run-off management tools available and these issues can be negotiated.

Mr. Pierce felt that major developments should be required to set aside green space and/ or parks. Mr. Brede agreed, adding that areas should to be designated for additional parking and lots large enough for homeowners to have garages.

Mr. Byrd agreed that these are legitimate concerns.

The planning board felt safety issues should be considered first and foremost especially in light of recent flooding. Chairman Tilley felt that when FEMA remaps the area, a larger portion of Maggie Valley would be in the flood plain.

After the annexation of area 01-B, it was some time before zoning came to the planning board for review. The planning board was unfamiliar with watershed regulations and desired to become as knowledgeable as possible; consequently the reason for the meeting with experts in these fields.

Mr. Byrd explained that if zoning is not in place, developers must meet minimum standards (R3). The same would apply to the ETJ areas.

Chairman Tilley reiterated that when looking at land use, the tax base is not considered.

Municipalities are required to allow for R3 zoning somewhere within the corporate limits. The most reasonable areas would be in the lower portions of town.

If an area is zoned R3, mobile home parks would be allowed, which creates more apprehension among the planning board members.

The planning board recessed from 4:10 p.m. until 4:15 p.m.

The members again discussed the long-term effects of having high density in the watershed areas. The amount of information to consider is overwhelming.

Referring to the Strategic Plan, Alderman Taylor felt the most restrictive areas should be on the mountainsides. Alderman Taylor went on to inform the planning board that she received a call from Mr. Blyth stating that he had waited for the zoning of Campbell Creek long enough. With R1, there is the possibility that the remaining acreage, not inside the corporate limits, will have septic tanks which Alderman Taylor felt would be undesirable.

The members then discussed requiring recreation/green space for subdivisions. If green space was required then there is a possibility, the planning board would consider higher density.

MR. BREDE MADE A MOTION TO CREATE AN ORDINANCE FOR GREEN SPACE TO BE INCLUDED IN ALL RESIDENTIAL ZONING DISTRICTS AS WELL AS ADDRESSING OFF PREMISE PARKING.

MR. ZERBOCK SECONDED THE MOTION.

MR. PIERCE VOTED IN THE AFFIRMATIVE.

CHAIRMAN TILLEY VOTED IN THE AFFIRMATIVE.

MS. LYONS VOTED NO BECAUSE RESIDENTIAL 1 WOULD NOT NEED OFF PREMISE PARKING.

Residential 1 can not be singled out, if a green space ordinance were adopted.

Chasing/ Animated Lights

The wording “not to get attention” is a contradiction because signs are used to get attention.

After talking with Mr. Massey concerning his request for animated lights, Mr. Byrd will be prepared to address the aldermen at the next scheduled meeting.

Mr. Zerbock will provide Mr. Byrd with the history of flashing lights and negative journalists stating how the flashing lights in the early years of Maggie Valley was a distraction from the beauty of the valley.

Many residents have made it known that they are against flashing lights. The town staff and planning board members, both previous and present, have worked diligently trying to bring the signs throughout Maggie Valley into compliance.

Chasing lights on buildings are already allowed.

Any decisions made will affect the area permanently especially in light of new legislation prohibiting amortization.

In the early years of development, there were motels that used colored flood lights that flashed. It is difficult to regulate good taste. Flashing signs can certainly be an area that could become insufferable.

Alderman Taylor suggested requiring signs made by a professional sign company with the lights being part of the manufactured sign.

Due to the tourist season coming to an end, the planning board felt it imperative to get an appearance/architect committee in place before amending the sign ordinance.

Mr. Byrd will begin research on appearance committees.

The Planning Board members wish to resolve the matter and move on to more important issues.

MR. PIERCE MADE A MOTION THAT THE PLANNING BOARD RECOMMEND THE ALDERMEN POSTPONE MAKING ANY CHANGES TO THE SIGN ORDINANCE UNTIL AN ARCHITECTURAL / APPEARANCE COMMITTEE CAN BE APPOINTED AS AN ADVISORY BOARD TO THE PLANNING BOARD.

MR. BREDE SECONDED THE MOTION.

MOTION CARRIED.

Other Business

Ms. Lyons informed the board that effective October 31, 2004 she would be resigning her position on the planning board because she will be moving outside the corporate limits. Ms. Lyons’ knowledge of planning and development along with her sense of humor will be a tremendous loss to the planning board.

Mr. Brede’s term expires in November. The remaining members ask that Mr. Brede be re-appointed because he is such an asset to the board.

There being no further business to discuss, the meeting adjourned at 6:40 p.m. on motion by Ms. Lyons’, seconded by Mr. Brede.

___________________________

Patricia Tilley, Chairman

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Vickie Best, Town Clerk