TOWN OF MAGGIE
VALLEY
REGULARLY
SCHEDULED PLANNING BOARD MEETING
NOVEMBER 2, 2005
MINUTES
Members Present: Chairman Patricia Tilley, Brenda O’Keefe, Richard Pierce, and Billy Brede
Staff Present: Manager Tim Barth, Planning Director Nathan Clark, and Deputy Clerk Shayne Wheeler
Others Present: Diane Moomey Sara Crider, and Kyle Edwards
Meeting Called to Order
Chairman Tilley called the meeting to order at 3:11 p.m. in the Town Hall Boardroom.
Approval or Correction of Minutes: August 8, 2005, September
7, 2005, and September 26, 2005
The minutes of September 26, 2005 were not printed correctly in the agenda packet. Therefore, those minutes will be placed on the next agenda for approval.
MS. O’KEEFE MADE A
MOTION TO APPROVE THE AUGUST 8 AND SEPTEMBER 7 MINUTES AS PRESENTED.
MOTION CARRIED
UNANIMOUSLY.
Zoning Discussion of 125 Timberline Drive ( Diane
Moomey)
Mr. Clark felt R2 zoning designation would best suit the area although a preliminary plan for the Moomey property has not been submitted.
MR. BREDE MADE A
MOTION TO POSTPONE RECOMMENDING A ZONING DISTRICT UNTIL PRELIMINARY PLAT IS
SUBMITTED FOR PROPOSED USE.
MR. PIERCE
SECONDED THE MOTION.
MOTION CARRIED.
Zoning Discussion of Country Club Lot 3 & 4 (Kyle
Edwards)
After Mr. Clark inspected the area, he felt the area should be condemned or an agreement reached with Mr. Edwards to prevent development.
Mr. Edwards wants to build a log cabin on the property. A retaining wall has been constructed.
The Planning Board asked that Mr. Edwards not work on the site until the board and an engineer can visit the site.
Mr. Edwards agreed.
Chairman Tilley will call for a meeting prior to the next Council meeting.
MR. BREDE MADE A
MOTION TO POSTPONE ANY DECISION UNTIL FURTHER EVALUATION OF THE CURRENT CONDITIONS
ARE COMPLETED AND THE ISSUE IS BROUGHT BACK FOR A SPECIAL CALLED MEETING IS
HELD BEFORE NOVEMBER 15, 2005.
MS O’KEEFE
SECONDED THE MOTION.
MOTION CARRIED.
Examination of Section 1000, Lots of Record
Mr. Edwards’ property off Rocky Top Road has been platted since 1987. There is approximately 20 feet of space that can be built on if setbacks are met. The lots measure 70’ x 70’ to the center of the road.
Several members wanted to walk the area before making a decision.
Chairman Tilley polled the Board for their thoughts.
Mr. Pierce would like to find a solution, maybe a third alternative. Mr. Pierce emphasized the difficulty of deciding what is best for the Town as a whole.
Mr. Brede would like to have more information but added that maybe there should be exceptions for parcels that landowners have had platted for a long time.
Ms. O’Keefe was undecided on how to resolve the issue but felt exceptions should not be made.
Chairman Tilley agreed, adding that emotions often say one thing while the facts say “follow the ordinance as written”.
The options: 8Leave the ordinance as currently written and if guidelines are not met the property owner has the option of going to the Zoning Board of Adjustments.
8Revise ordinance to accommodate the situation.
The Planning Board recessed from 5:02 p.m. to 5:08 p.m.
Chairman Tilley then polled the board again.
Mr. Pierce: Aldermen should decide how best to handle the situation. The Planning Board’s recommendation should be “no recommendation”.
Mr. Brede: 8The ordinance needs to be revised.
Mr. O’Keefe: 8Believes in keeping with policy. Send issue back to Aldermen.
Chairman Tilley: 8No recommendation. Grandfather clause should be clarified.
The Planning Board would like to have a joint meeting with the Board of Aldermen to discuss several issues.
CHAIRMAN TILLEY
MADE A MOTION TO UPHOLD THE ORDINANCE AS WRITTEN.
MS. O’KEEFE
SECONDED THE MOTION.
MR. BREDE VOTED
AFFIRMATIVE.
MR. PIERCE
OPPOSED.
MOTION CARRIED
WITH GREAT TREPIDATION.
Definition Change, “Top of Creek Bank”
Mr. Clark prepared the following proposal.
WHEREAS, the Zoning Ordinance does not provide a definition for “top of creek bank’
WHEREAS, a definition needs to be in place in order to be able to interpret the requirements of the ordinance when determining buffer zones for creeks.
NOW THEREFORE BE IT HEREBY ORDAINED by the Board of Aldermen of the Town of Maggie Valley, North Carolina that:
Section 1 Section 700, paragraph 6 be amended by adding the following to the end;
, meaning the ordinary high
water level for a creek and the break in slope for a watercourse surrounding
topography which will be determined by the Planning Director.
MR. PIERCE MADE A
MOTION TO APPROVE THE RECOMMENDED REVISION.
MR. BREDE SECONDED
THE MOTION.
MOTION CARRIED.
Zoning Discussion of Brannon Forest Phase II
Due to the topography and the size of the lots, Residential 2 would be the most suitable zoning district.
MR. BREDE MADE A
MOTION TO RECOMMEND RESIDENTIAL 2 ZONING FOR BRANNON FOREST PHASE II.
MS. O’KEEFE
SECONDED THE MOTION.
MOTION CARRIED.
Zoning Discussion of Trinity Cove Subdivision Phase I
The developers have diligently worked with the Planning Board and Planning Director. The area will have some multi-unit homes but will have a lot of open green space.
MR. BREDE MADE A
MOTION TO RECOMMEND RESIDENTIAL 2 ZONING.
MS. O’KEEFE
SECONDED THE MOTION.
MOTION CARRIED
UNANIMOUSLY.
Other Business
The Planning Board discussed prohibiting trailer parks close to the creek.
ON MOTION BY MR.
PIERCE, SECONDED BY MR. BREDE THE MEETING ADJOURNED AT 6:37 P.M.
_____________________________________
Chairman Patricia Tilley
_____________________________________
Town Clerk Vickie Best, CMC