Town of Maggie Valley

Special Called Planning Board Meeting

February 15, 2005

MINUTES

Members Present: Billy Brede, Billy Case, Jerry Zerbock, Richard Pierce

Members Absent: Chairman Pat Tilley

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

Others Present: Phil Wight, Mayor Jo Pinter, Aldermen Roger McElroy, Jay Ring, and Wade Reese

Meeting Called to Order

Vice-Chairman Brede called the meeting to order at 12:10 p.m. on February 15, 2005 in the Town Hall Boardroom.

Proposed Zoning Ordinance Amendments

The Board members reviewed the proposed amendments. Ordinance Number 279 is in direct conflict with the Subdivision Ordinance. Attorney Dickson suggested amending the ordinances. Zoning Board of Adjustment Chairman Ring agreed.

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.

MR. CASE MADE A MOTION TO MAKE THE RECOMMENDED CHANGES AS DISCUSSED TO THE BOARD OF ALDERMEN.

MR. PIERCE SECONDED THE MOTION.

MOTION CARRIED UNANIMOUSLY.

It is difficult for the Zoning Board of Adjustment to get a quorum. Chairman Ring was in favor of the following proposal.

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.

The board discussed the importance of all members receiving all e-mails and maintaining the sunshine list.

MR. CASE MADE A MOTION TO PROPOSE THE ABOVE AMENDMENTS TO THE BOARD OF ALDERMEN.

MR. PIERCE SECONDED THE MOTION.

MOTION CARRIED UNANIMOUSLY.

The Board discussed placing a Planned Unit Development Overlay on Stoney Ridge Subdivision, a Residential 2 zoning for the Rocky Top area with the remaining portion of area 01-b being zoned Residential 1.

The Planning Board had several workshops to discuss protecting the watershed, controlling storm water run-off, and other environmental issues.

The staff recommended R3 Zoning then the Planning Board made a Residential 1 recommendation to the Board of Aldermen.

Mr. Ring spoke from the floor stating that it was unreasonable to zone an area Residential 1 when it is built out to Residential 2 and 3 densities.

After a informative meeting with experts within the field of environmental preservation and protection, the planning board member became more concerned with mudslides, watershed areas, and other related issues.

Mr. Ring countered that Dr. Cooper’s strategic plan called for Commercial 1 zoning. Mr. Wight stated that Stoney Ridge Subdivision would be non-conforming if zoned R1.

A non-conforming use does not reflect the size but rather the use of property. The zoning ordinance needs revising to more clearly define procedures and become more consistent with the Subdivision Ordinance.

Mr. Ring spoke from the floor stating that Mr. Case would be biased because of an on going lawsuit with the developer. Mr. Ring felt it was a clear conflict of interest.

Mr. Brede explained that even if Mr. Case had not voted, the recommendation would still have carried by majority. The Town will seek advice from the Town Attorney regarding conflict of interest.

Mr. Pierce responded to Mr. Ring stating that no personal interests are involved when the planning board makes recommendation and/or rulings. The educational workshop was advertised through legal notice and all interested parties were invited to attend and have the opportunity to discuss environmental concerns with the professionals in the field.

Mr. Ring reminded the members that the Planning Board is not a quasi-judicial board and that their decisions are having a great impact on the community and people’s lives. The need for documentation on how these decisions are made is of the utmost importance.

Mr. Pierce responded that the Planning Board acts in the best interest of the community’s health and welfare.

Mr. Ring stated that there is a feeling within the community that something is “going on”. Mr. Ring added that the accusations that the Planning Board had received pressure from the developer were untrue.

The Planning Board members attempted to explain the reason Town Council had to revote on the zoning was due to insufficient notice. Mr. Brede explained that the Planning Board works very hard to have a final consensus. The Board has researched the issues and has listened to the voice of the people. All recommendations have been with good intentions.

ON MOTION BY CASE, SECONDED BY MR. PIERCE, THE MEETING ADJOURNED AT 12:55 P.M.

Chairman Billy Brede Town Clerk Vickie Best