Town of Maggie Valley

Regularly Scheduled Planning Board Meeting

March 8, 2004

MINUTES

Members Present: Chairman Patricia Tilley, Torry Pinter, Jerry Zerbock, Richard Pierce and Joann Lyons

Members Absent: Mark DeMeola

Staff Present: Code Enforcement Officer Tim Henson and Town Clerk Vickie Best

Meeting Called to Order

Chairman Tilley called the meeting to order at 3:15 p.m. on Monday March 8, 2004 in the Town Hall Boardroom.

Approval of Minutes

MR. PINTER MADE A MOTION TO APPROVE THE MINUTES OF FEBRUARY 9, 2004 AS PRESENTED.

MR. ZERBOCK SECONDED THE MOTION.

MOTION CARRIED.

Final Subdivision Plat Approval- The Meadows at Campbell Mountain Estates

Before reviewing the final plat submitted by Mr. Billy Brede for The Meadows at Campbell Mountain Estates, the board discussed phases of major subdivisions.

Mr. Henson felt the ordinance should be revised to include approval of a phase within a major subdivision. The phase should not consist of fewer than four lots and approved by the board.

In Haywood County, the planning board approves the first four lots with the outer boundaries then staff can approve the remaining lots. The lots must be adjacent to the first four parcels approved by the planning board.

Chairman Tilley asked that this issue be placed on the April agenda for discussion and comparison to Haywood County’s subdivision ordinance.

Mr. Brede addressed the board providing a final plat. This will be an historical subdivision with the homes having a front and back porch and a two car garage. The roads will be 20 feet in width with 18 feet paved (6” stone w/ 2” asphalt). There will be historical type street-lighting. The cul-de-sacs will have a radius of 30 feet. The development will be considered a Planned Unit Development with the developer taking care of yard maintenance. There will be a 15 feet front-yard setback with a 10 foot utility easement on each side of the road as permitted through a variance granted by the Zoning Board of Adjustments.

Excerpt from 2-10-04 Zoning Board of Adjustment minutes:

Variance Request- Billy Brede / Carolyn Properties – Road Standards and Setbacks

Mr. Billy Brede representing Carolyn Properties came before the board requesting a variance on the road standards and setback requirements for a proposed subdivision within the Town of Maggie Valley’s Extra Territorial Jurisdiction. The proposed subdivision is located at 56 Campbell Mountain Drive with approximately 4.429 acres. The parcel number is 8607-14-0112.

Mr. Don Hunley is designing the sewer collection system. The way the proposed subdivision lays with a creek flowing to the rear, the building sites (footprints) are limited. A twenty-five (25’) foot buffer is required from the top of the creek bank. The front yard setback in Residential 1 is twenty-five (25’) feet. The subdivision will meet the 14000 square foot lots and the seventy-five (75’) foot road frontage but with the buffer from the creek and the utility easement, the area becomes small especially for homes with a two-car garage with a two-car driveway.

The proposed roads, February Lane, Easter April Drive, and Burlington Avenue are to be sixteen feet and paved with a ten feet easement and twenty-foot right-of-way. The cul-de-sacs will have a thirty feet radius.

The roads in Campbell Mountain Estates vary from 45 feet to 20 feet. This area will be a planned unit development. The developer will maintain the grounds and exterior. The main access will come from Fox Run Road. February Lane and Easter April Drive are built to grade. Burlington Avenue has not been graded yet. There will be twenty houses in this phase.

After the Board members reviewed the proposed plat and discussed the disadvantages of having the creek buffer to maintain, the following motion was made.

MR. WIGHT MADE A MOTION TO GRANT A VARIANCE ON THE FRONTYARD SETBACK AND THE ROAD RIGHT-OF-WAY BUT THE ROADS SHOULD BE EIGHTEEN (18’) FEET IN WIDTH AS REQUESTED BY THE ORDINANCE.

MR. MACKEY SECONDED THE MOTION.

MOTION CARRIED UNANIMOULSLY.

The right-of-way will be twenty feet and the front yard setback will be fifteen feet. All setbacks are from road rights-of-way or property line which ever is greater.

The eight inch sewer line will be gravity fed with a 21 foot grade. The creek buffer will remain at 25 feet with the back porch of each home coming to the buffer.

The utilities will be underground.

Mr. Brede has been very professional throughout the approval process. The board briefly discussed Mr. Brede becoming an ETJ member. Mr. Brede would be very interested in serving after he moves to his new home in Campbell Mountain.

Due to the long and drawn out process of becoming an ETJ member through approval of the County Commissioners, the following motion was made.

MS. LYONS MADE A MOTION TO SUBMIT MR. BREDE’S NAME TO THE HAYWOOD COUNTY COMMISSIONERS FOR APPOINTMENT TO THE PLANNING BOARD.

MR. ZERBOCK SECONDED THE MOTION.

MOTION CARRIED.

Mr. Henson recommended that the board approve the final plat with the notation as noted.

20’ Road Right of Ways

15’ Front Building Setbacks for the following lots: 152,153,154,155,158,159,160,161,152,166,167,168,169

Lots 159,160,161,162, will have houses configured within variance setback lines

10’ Utility easements are reserved along rights of way of February Lane and Easter April Drive

MR. PINTER MADE A MOTION TO APPROVE THE FINAL PLAT AS PRESENTED WITH NOTATIONS.

MS. LYONS SECONDED THE MOTION.

MOTION CARRIED UNANIMOUSLY

Landscape approval for new C1 Business- RE/Max Reality

The Board of Aldermen asked that the planning board review and approve all landscaping design within the Commercial 1 District.

Excerpt from Zoning Ordinance

Section 1104. Specific Landscaping Requirements

(1) Street Yards. It is the intent of this section to establish a landscaped planting area, hereinafter called a street yard. This area shall contain plantings of trees and other live vegetation (e.g., lawns, shrubbery, ground covers, etc.). Such landscaping areas should allow for the identification of buildings and land uses.

(a) All land uses to which these landscaping requirements apply shall provide a street yard along and adjacent to any street right-of-way, and on the property being developed.

(b) Each street yard shall have a minimum width of ten feet, a maximum width of 25 feet.

(c) In the case where a lot abuts more than one street, an average street yard width of eight feet shall be maintained along all other street rights-of-way. No street yard shall be required along an alley.

(d) Impervious surfaces, such as driveways, within a street yard shall not exceed 25% of the required street yard, except that not more than two 25 foot drives may be permitted for any lot having a street frontage of less than 200 feet in length.

(e) Shade trees (a minimum of two small trees) shall be planted not more than 20 feet apart within the street yard. No such planting shall be installed more than 10 feet from the property line at either end of the street yard. Each small tree shall have a caliper of at least one inch and a height of at least six feet at planting. Silver Maple, White Pine and Lombardy Poplar trees shall not be permitted as required trees in complying with these requirements.

(f) Large shade trees shall not be planted under overhead electrical power lines. In this situation, two small trees shall be substituted for each required large shade tree, unless prohibited by the owner of such power lines or right-of-way for such lines.

(g) Adequate wheel stops or curbs shall be installed for the protection of required trees and plantings that are within five feet of a vehicular parking/display area or driveway. Wheel stops or curbs shall be a minimum of six inches in height and shall be anchored to the ground, and may be concrete, rot resistant heavy timbers or other effective materials.

(2) Vehicular Parking Area and Display Areas. The intent of this section is to provide for trees adjacent to and/or within vehicular parking areas and display areas in order to modify and reduce the deleterious, visual, environmental and aesthetic effects of these areas.

(a) All vehicular surfaces and display areas, whether temporary or permanent, to which these landscaping requirements apply shall be provided with a minimum of one large shade tree per each 2,000 square feet, or fraction thereof, of surface area, including drives, etc. Such trees shall be located and arranged that each tree trunk is no more than 50 feet from a designated vehicular parking space and shall be located within planting areas (i.e., islands) having a minimum of 300 square feet of contiguous and landscaped growing area and having a minimum dimension of seven feet; such landscaped area shall be planted or mulched with no bare ground.

(b) Large shade trees shall not be located under overhead power lines. In this situation, two small trees shall be substituted for each required large shade tree unless prohibited by the owner of said lines or right-of-way within which such lines exist.

(c) Adequate wheel stops or curbs shall be provided for the protection of trees that are within five feet of a vehicular parking/display area or driveway. Wheel stops or curbs shall be a minimum of six inches in height, shall be anchored to the ground, and may be concrete, rot resistant heavy timbers or other effective materials.

(d) Existing trees may be used to satisfy the requirements of this section under the conditions set forth in Section 1103.

(3) Trash Container and Dumpster Screen/Buffers. The large metal boxes commonly known as dumpsters are a type of trash container as such term is used herein. Such dumpsters are, however, referred to in this section by specific name for purposes of emphasis and clarity.

(a) It is the intent of this section to provide for visual screens and or buffers between trash container and dumpster locations and all street rights-of-way and adjoining properties.

(b) Trash containers and dumpsters shall not be located in the front yard of any property where practical and shall be screened from view on all sides, except for one opening not greater than 12 feet in width to allow for service access.

(c) Screens and/or buffers intended to satisfy this requirement shall be in accordance with the criteria for screens/buffers as defined in Section 1101of this ordinance.

The parcel is located across the road from the Stompin Ground. The structure will have approximately 1267 feet of floor space. There will be 12 parking spaces with 1for handicap parking.

The structure will meet the ten-foot front-yard setback with the plantings 20 feet on center. The area will be fully landscaped with holly and various annuals and perennials and large boulders. The front yard will be elevated. The parking lot will be constructed of rock dust as opposed to asphalt.

Mr. Ron Breese will be the owner. Mark Stevens will be the broker-in-charge. Dan Conner and David Hughes with Top Notch Log Homes will build and design the structure.

MR. PINTER MADE A MOTION TO APPROVE THE LANDSCAPE DESIGN.

MR. PIERCE SECONDED THE MOTION.

MOTION CARRIED.

Other Business

The board discussed the proposed outdoor sales zoning revision.

For public relations and notification, the board asked that after the proposed revisions are adopted that each business owner receives a letter with a copy of the revisions attached.

The board discussed the expense paid by vendors to the promoter of an event and the unfairness of some vendors trying to set up in vacant parking lots. Vendors will not be allowed to lease space from merchants/citizens inside the corporate limits. The intent of the proposed changes is to prevent outside vendors from coming in and setting up “shop” while other vendors pay a fee to set up inside the festival ground as well as competition for area merchants that pay taxes.

Local merchants may sell their merchandise outside their business as long as it is an extension (sell the items normally sold) of their business.

The Code Enforcement Officer can issue permits for outdoor sales without a fee charged to be used for tracking. The merchant will be asked to pick up their permit one week prior to the event.

The proposed changes will be presented to the board of aldermen for review and a public hearing set for April.

There was a brief discussion regarding park models and the FEMA guidelines.

Park models and manufactured homes can be elevated and remain but RVs must be relocated.

Mr. Pierce stressed that the town attorney needs to be present at the meetings as well as assist with drafting the amendments to the zoning ordinance.

On motion by Mr. Pierce, seconded by Mr. Pinter the meeting recessed until Wednesday March 10, 2004. at 4:00 p.m.

The meeting adjourned at 5:35 p.m.

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Patricia Tilley, Chairman

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Vickie Best, Town Clerk