TOWN OF MAGGIE VALLEY

REGULARLY SCHEDULED PLANNING BOARD MEETING

MAY 31, 2006

MINUTES

 

Members Present:         Chairman Pat Tilley, Brenda O’Keefe, Richard Pierce, and Jerry                                               Zerbock

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

Others Present: Dan Massey and Selena Keller

 

Meeting Called to Order

Chairman Tilley called the meeting to order at 3:12 p.m. in the Town Hall Boardroom.

 

Approval or Correction of Minutes

MS. O’KEEFE MADE A MOTION TO APPROVE THE MINUTES OF MAY 3, 2006 AS PRESENTED.

MR. PIERCE SECONDED THE MOTION.

MOTION CARRIED.

 

Selena Keller: Eagle Nest Entertainment: Musical Festival Permit

Ms. Keller, General Manager of Eagle’s Nest Entertainment is requesting Article X Section 1008 of the Zoning Ordinance be amended. Eagle’s Nest Entertainment would like to begin offering “rough camping” for bluegrass festivals.

 

At the last meeting, the issue was discussed and several ideas were considered such as revising the ordinance or issuing a Conditional Use Permit.

 

Director Clark proposed the following text to manage outdoor music events with camping in conjunction with the issuance of a Special Event Permit.

 

PERMITTING PROCESS FOR OUTDOOR MUSIC FESTIVALS WHERE THERE WILL BE A GATHERING OF MORE THAN 500  250 PEOPLE AND OVERNIGHT CAMPING.

 

Definitions

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

 

Musical or entertainment festival means any gathering of groups or individuals on private property for the purpose of listening to, watching or participating in entertainment which consists primarily of musical renditions conducted in open spaces not within an enclosed structure.

 

Overnight Camping means where camp or sleep on the festival premises or otherwise to remain on the premises between the hours of 11:00 p.m. and 8 a.m. The term does not include festivals in which only festival personnel, security personnel, etc. are permitted to remain on the premises

 

Purpose

This article is enacted for the purpose of providing necessary regulations for any gathering of groups or individuals on private property, for an event at which more than 500 250 persons are expected to temporarily gather, for the purpose of listening to, watching or participating in entertainment which consists primarily of musical renditions or entertainment conducted in open spaces not within an enclosed structure, and where festival patrons camp or sleep on the premises or otherwise to remain on the premises between the hours of 11:00 p.m. and 8:00 a.m.

 

Special Music Festival Entertainment Permit required.

If a person, firm, partnership, or corporation desires to conduct, promote or manage an Outdoor Music Festival where festival patrons camp or sleep on the premises within the Maggie Valley Town Limits or within the Town's ETJ area he or she must obtain a Special Music Festival Entertainment Permit for such an event from the Town Board of Aldermen Planner or Town Manager.

 

Special Music Festival Entertainment Permit not required.

A musical or entertainment festival held at a publicly owned park or a venue that is publicly owned. A musical or entertainment festival that prohibits patrons from camping overnight or remaining on the festival grounds between the hours of 11:00 p.m. and 8:00 a.m. does not require a special entertainment permit. A musical or entertainment festival where attendance is not expected to exceed 500  250 persons does not require a special entertainment permit.  A special Events permit would still be required.

 

Applicant must submit a completed Town of Maggie Valley Special Event Permit along with the following plans and information needed to allow outdoor camping. Applications must be submitted to the Town at least 60 days before the schedule event:

 

A)        Landowner release: The applicant for a permit required under this article must provide a statement in writing from the owner of the fee title in and to the lands the applicant intends to use during the event certifying that permission to use the land has been obtained for the proposed dates, location, and times of the event.

 

B)        Persons responsible: The applicant must provide a statement listing his or her

name, address(es), and the contact numbers where he or she can be reached before, during, and for 30 days after the festival.

 

C)        Times, Dates, Location, and Attendance: The applicant must provide a

statement of the proposed start and end times for the event, the exact location of

the event, the expected number of patrons, and the maximum number of patrons

campers the applicant will permit or allow at the festival.

 

D)        Waste Water, Portable Restrooms & Handwashing Facilities: Plans showing either (1) municipal sewer and permanent sanitary facilities are available at the site, or (2) a statement that the applicant will contract with a portable toilet service company. The statement must provide that the minimum number of portable toilets required by

Table PR 1 (below) will be provided on site, the date the facilities will be on the event site, and the service frequency, assumed daily, or as often as needed to maintain and ensure sanitary conditions, whichever is greater. Also portable handwashing facilities will be required at a ratio of one (1) handwashing facility per ten (10) portable toilets.

Further, the applicant must provide a statement provision has been made for holding tank(s) of the minimum required capacity for the collection and the appropriate disposal of wastewater from travel RVs and travel trailers. Copies of contracts with vendors hired to provide the services may be submitted instead of the statements required by this subsection, providing that the contracts demonstrate that the facilities to be provided meet the requirements outlined above.

 

Table PR 1 Number of Portable Restrooms Required for Special Events

 

Number of Hours

# of people

1

2

3

4

5

6

7

8

9

10

250

2

2

2

2

2

3

3

3

3

3

500

2

3

4

4

4

4

4

4

4

4

1000

4

5

6

7

7

8

8

8

8

8

2000

6

10

12

13

14

14

14

15

15

15

3000

9

14

17

19

20

21

21

21

21

22

4000

12

19

23

25

28

28

28

30

30

30

5000

15

23

30

32

34

36

36

36

36

36

6000

17

28

34

38

40

42

42

42

44

44

 

E)        Potable Water Supply: The applicant shall submit a statement that free drinking water, from an approved source will be available to the public attending the event, at all times. Must meet Health Department Standards

 

F)         Garbage and Refuse Collection and Disposal: Applicants must provide a

statement that garbage and refuse will be disposed by dumpster and must state

that the event site will be cleaned and litter, refuse, and debris disposed of, within

7 days  24 hours of the conclusion of the event. Satellite dumpsters will be required throughout the area

 

G)        Camping Areas: Applicants must submit a statement providing the estimated number of campers that will camp on the site during the event. No more than ten (10) campers (tents, travel trailers or RVs) allowed per acre. Applicants must provide a statement that construction and/or operation of homemade toilet and shower facilities will be prohibited as well as dumping of wastewater holding tanks in unapproved areas and that campers will be notified of the prohibition, by posting a sign or otherwise. No campfires shall be allowed.

 

H)        Scaled Site Plan: Applicants shall submit a site plan or scaled rendering of the proposed event location, showing the location of the following areas and facilities: drainage facilities, location of camping areas, location of food service vendors, location of portable toilets, location of hand washing facilities, locations of potable and drinking water supply stations, location of holding tanks for wastewater, locations of garbage and refuse dumpsters, location command post, public entrances and exits, methods and/or areas of ingress and egress through the site by law enforcement and other public service vehicles, stage, areas off limits to attendees, fire lanes throughout the site, parking areas. The information is to be posted throughout the site.

 

 

<The Board members wanted the number dropped from 500 people to 250 people.

Ms. Keller stated that the inside of Eagle Nest’s Entertainment is permitted for 1,000 people

 

< The Board had great concerns about the campers staying too long before or after the event. Camping should be limited to 24 hours prior to the event until 24 hours past the closing of the event.

 

North Carolina does not regulate festivals/ events.

 

<The plan must be submitted 120 days prior to the event.

 

< A Special Events Permit is required for all events. If camping with outdoor music is part of the event, the Outdoor Music Festivals with Camping permit will be attached.

 

< If adopted, any business meeting the criteria cannot be refused a permit.     

 

< The promoter should be required to address provisions for additional parking.

 

<No campfires will be allowed.

 

< Several board members had concerns about grey water.

 

The Board directed Director Clark to investigate how other areas handle trash collection.

 

Due to a number of members being out of town and the 4th of July holiday, the Board scheduled the next Planning Board Meeting for June 28, 2006 at 3:00 p.m.  There will not be a meeting held in July.

 

Pat Bennett: Cardinal Place Preliminary Plat Approval

The appropriate paperwork was not submitted.

 

Proposed Text Amendment: Facsimile Signs

The following text amendment to the Zoning Ordinance was proposed due to two bikini and leather clad females seen waving people into Big Rick’s.  This is considered acting as a human sign. The current Town ordinance does not address human signs.

 

D. Facsimile Sign - An oversized, three-dimensional object, such as a chicken bucket, automobile (or automobile part), or human figure, which may or may not contain advertising matter, and may or may not contain information about products sold on the premises, and is located in such a manner as to attract attention.

 

Many businesses use human signs as advertisement such as Pizza Hut.  The appropriate human signs are not offensive.  The Board would like for Director Clark to research ways of controlling human signs so that they are allowable but tasteful.

 

Planning Board Discussion: Allow Multi Family Housing in C-1 Zoning District

As currently written, multi-family housing in Commercial 1 District requires a special exception granted through the Zoning Board of Adjustment.

 

The members discussed the amendment, but decided they needed additional information to make a decision. Slope and elevation should affect the decision to allow multi-family units.  The height limitation should remain at 45 feet.

 

Although the Board members liked the idea of having businesses located in the bottom of condominiums units, more information is needed.

 

Other Business  

Bill Chamberlin will be moving into the ETJ area within the month.  The group will need to meet with Mr. Chamberlin and then make a recommendation to the County Commissioners for the appointment if the outcome is positive. Mr. Chamberlin will try to attend the June 28, 2006 meeting.

 

The men wanting to put an RV park in behind the Rock Shop did not show up for their appointment.

 

The Zoning Board of Adjustment Board would like to meet with the Planning Board.  The Planning Board Members asked that they would like to have the Zoning Board of Adjustment clearly define why a joint meeting is needed.

 

ON MOTION OF MR. PIERCE WITH ALL IN FAVOR, THE MEETING ADJOURNED AT 6:22 P.M.

 

________________________________

Chairman Patricia Tilley

______________________________

  Vickie Best, CMC, Town Clerk