TOWN OF MAGGIE VALLEY

REGULARLY SCHEDULED PLANNING BOARD MEETING

OCTOBER 5, 2005

MINUTES

Members Present: Chairman Patricia Tilley, Jerry Zerbock, Billy Brede, and Billy Case, and Brenda O’Keefe

Members Absent: Richard Pierce

Staff Present: Manager Tim Barth, Planning Director Nathan Clark, and Town Clerk Vickie Best

Others Present: Six People

Meeting Called to Order

Chairman Tilley called the meeting to order at 3:10 p.m. in the Town Hall Boardroom.

Approval or Correction of Minutes: August 3, 2005

MS. O’KEEFE MADE A MOTION TO APPROVE THE MINUTES AS PRESENTED.

MR. BREDE SECONDED THE MOTION.

MOTION CARRIED.

Consideration of Zoning Fugate’s Flea Market/ Hazel Bradshaw

Ms. Bradshaw requested the board members to physically come and inspect her property in question. The front portion is used for commercial, but the rear portion is considered wasteland. The property lines should be redrawn. The Town taxes all properties the same as Haywood County.

MR. BREDE MADE A MOTION TO POSTPONE THE ZONING OF THE CAMPBELL PROPERTY UNTIL FURTHER EVALUATION HAS BEEN DONE IN ORDER TO BE FAIR TO THE FAMILY.

MS. O’KEEFE SECONDED THE MOTION.

MOTION CARRIED UNANIMOUSLY.

Amended Final Subdivision Plat Review- Trinity Cove, Phase 1

At the last Planning Board Meeting, the members discussed zoning designations. To meet R2 standards certain lots needed to be increased in size. Although the lots have been enlarged, there are still issues with lots 1 through 11 and lot number 22 because of the developers plans to build duplex units.

John Schreiber, the developer, informed the Board that the surveyor made several mistakes on the plat. The development was originally approved as R3, and then he had to revise the plat to meet R2 requirements. Mr. Schreiber will meet with the surveyor and correct the errors.

The Planning Board members agreed to call a special called meeting for October 10, 2005 at 4:30 p.m. to review the revised plat.

MR. BREDE MADE A MOTION TO GIVE PRELIMINARY APPROVAL FOR PHASE 1. LOTS 2,3,4,5,9,AND 10 TO BE ADJUSTED TO CONFORM TO 11,000 SQUARE FEET REQUIREMENT NOT TO INCLUDE THE ROAD RIGHT-OF-WAY.

MR. CASE SECONDED THE MOTION.

MOTION CARRIED UNANIMOUSLY.

Consideration of Zoning Trinity Cove Subdivision

MR. BREDE MADE A MOTION TO TABLE CONSIDERING THE ZONING UNTIL AFTER THE SPECIAL CALLED MEETING IS HELD.

MS. O’KEEFE SECONDED THE MOTION.

MOTION CARRIED.

Final Subdivision Plat Review- Maggie Valley Club, Scarlet Oaks Subdivision, Persimmon Point and Millers Landing Subdivisions

After reviewing the final plat, the following motion was made.

MR. BREDE MADE A MOTION TO ACCEPT SCARLET OAKS WITH ONE CORRECTION TO SHOW 20 FOOT SETBACKS FROM THE RIGHT-OF-WAY/ PROPERTY LINE. THE FINAL SHOULD BE BROUGHT BACK TO THE SPECIAL CALLED OCTOBER 10 MEETING.

MS. O’KEEFE SECONDED THE MOTION.

MOTION CARRIED.

While reviewing the preliminary plat, the Board Members felt it would be advantageous to increase parking spaces for the condominiums and townhouses.

The engineers are currently designing a learning range that will have cart parking at the top and the bottom of the range. These areas could double as parking spaces.

By the Board’s calculations, the area would be shy three spaces not including the garages and aprons for parking.

As the discussion continued, the Board Members were reminded that the entire club has been deemed a Planned Unit Development. Setbacks are waived for P. U. D’s

The Board asked that Planned Unit Development be noted on the plat.

MR. BREDE MADE A MOTION TO AMEND THE PREVIOUS MOTION FOR SCARLET OAKS AND APPROVE PLAT AS PRESENTED BY THE DEVELOPER ON OCTOBER 5, 2005.

MS O’KEEFE SECONDED THE MOTION.

MOTION CARRIED UNANIMOUSLY.

Regarding the additional parking, this will be a type of community where it is unlikely that all units will be full at any given time. A shortage of parking space is improbable.

MR. BREDE MADE A MOTION TO APPROVE THE PLAT AS SUBMITTED.

MR. CASE SECONDED THE MOTION.

MOTION CARRIED.

Consideration of Zoning Pioneer Village

The owners of Pioneer Village want the area zoned commercial. The area has always been used as commercial, the same as Twin Brook Resort.

MS. O’KEEFE MADE A MOTION TO RECOMMEND C1 ZONING FOR PIONEER VILLAGE.

MR. BREDE SECONDED THE MOTION.

MOTION CARRIED.

The first time the zoning of Pioneer Village came before the Board of Aldermen, they were concerned that C1 would allow too many uses to be intermingled with an R1 district. The Council had discussed the Planning Board developing a residential/commercial district.

Consideration of Zoning Brannon Forest Phase II

Initially the proposed zoning would be R1, but after further consideration, one section conforms to R3 standards.

MR. BREDE MADE A MOTION TO PUT COLLECTION OF FEES FOR PRELIMINARY PLAT REVIEW ON THE NEXT AGENDA TO ENSURE THAT THE FEES ARE BEING COLLECTED.

MS. O’KEEFE SECONDED THE MOTION.

MOTION CARRIED.

MS. O’KEEFE MADE A MOTION TO POSTPONE THE ZONING OF BRANNON FOREST PHASE II UNTIL THE NEXT MEETING.

MR. BREDE SECONDED THE MOTION.

MOTION CARRIED.

The members asked that Mr. Greg Stephenson, the developer, be present to answer questions.

Review of Section 1000 of the Zoning Ordinance Regarding Lot of Record

The ordinance currently reads:

Section 1000. Lot of Record.

Where the owner of a lot of official record in any district at the time of the adoption of this Ordinance or amendment thereto or his successor in title thereto does not own sufficient contiguous land to enable him to conform to the minimum lot size requirements of this Ordinance, such lot may be used as a building site provided that said lot requirements are not reduced greater than the minimum specified in this Ordinance by more than twenty (20) percent. If, however, the owner of two or more adjoining lots, with insufficient land dimensions, decides to build on or sell off these lots, he must first combine said lots to comply with the dimensional requirements of the Ordinance. Any lot requiring dimensional waivers below the twenty percent (20%) minimum set forth in this section may be approved as a variance by the Zoning Board of Adjustment provided that further decreased dimensional requirements shall conform as closely as possible to the required dimensions.

The question of amending the ordinance came about when Mr. Kyle Edwards sold property on Enchanted Way when the lots were less than 0.10 of an acre. The area is zoned R1.

After a lengthy discussion, it was the consensus to leave Section 1000 regarding lot of record as currently written.

MS. O’KEEFE MADE A MOTION TO DENY THE REQUEST FOR REVISION AND LEAVE ORDINANCE AS WRITTEN.

MR. CASE SECONDED THE MOTION.

MOTION CARRIED.

Other Business

Mr. David Hanhoeffer is requesting to put a Park Model Park behind the Rock Shop. Part of the area is within the flood plain.

The Planning Board has discussed park models verses RVs for the last couple of years. Maggie Valley currently has issues with FEMA because of park models, decks, RVs with additions, and sometimes structures built within the flood plain.

Park Models carry a HUD label the same as a manufactured home. This would make the proposed park fall under a manufactured home community.

The property owner would be satisfied with an RV park.

The property owner would also like to have a mobile home in the area as living quarters.

The area will need more review, especially having to meet the buffering requirements for Jonathan Creek with the limited amount of land available.

MR. BREDE MADE A MOTION TO ADJOURN AT 5:35 P.M.

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Chairman Patricia Tilley

ATTEST:

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Town Clerk Vickie Best, CMC