Town of Maggie Valley

Special Called Planning Board Meeting

June 28, 2006

Minutes

 

Members Present:        Chairman Pat Tilley, Brenda O’Keefe, Billy Brede, and Andy                                             Golly, and Richard Pierce

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

Others Present:            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

MR. BREDE MADE A MOTION TO APPROVE THE MINUTES OF May 31, 2006 AS PRESENTED.

MS. O’KEEFE SECONDED THE MOTION.

MOTION CARRIED.

 

Selena Keller: Eagle’s Nest Entertainment: Musical Festival Permit

As reflected in the minutes of May 31, 2006, changes were made to the proposal to go before Council for adoption to allow camping for outdoor music festivals.

 

The clean up time will be within twenty-four hours.  The permitting process or outdoor music festivals, where there will be a gathering of more than 500 people and over night camping, was dropped to 250 people.

 

The Planning Board previously directed Mr. Clark to research how garbage for outdoor camping could be properly regulated.

 

Mr. Clark explained that it was difficult to regulate garbage collection because it is labor intensive.  The more manpower present to empty cans, the less cans needed. Distributing enough cans is also dependent on the site design.

 

Portable restrooms are calculated by number of hours vs. the number of people. After a ten-hour event the portable restrooms would be pumped.

 

The key phase controlling water supply is that free drinking water must be available at all times for people attending the event.

 

Chairman Tilley had concerns about people sleeping in the back of their pickup trucks or station wagons for safety and sanitation purposes.

 

Wording will be added, stating no more than ten tents, travel trailers or RVs sites per acre.

 

Ms. Keller responded that Eaglenest Entertainment would not promote anyone sleeping in a vehicle but would not turn anyone away due to an emergency such as a travel trailer breaking down.

 

The Planning Board collectively acknowledged that Eaglenest Entertainment is historically known for hosting first-rate events but the ordinance has to be worded in a manner to protect the Town from other businesses having outdoor music festivals with camping. Eaglenest Entertainment is being used as the guidelines to write the ordinance.

   

 

MR. BREDE MADE A MOTION TO ACCEPT THE PERMITTING PROCESS ENTITLED AN ORDINANCE AMENDING SECTION 604.1 OF THE ZONING ORDINANCE REGARDING OVERNIGHT CAMPING FOR OUTDOOR MUSIC FESTIVALS WITH THE FOLLOWING CORRECTIONS: LICENSE WILL BE CHANGED TO REFLECT PERMIT, A SENTENCE WILL BE ADDED TO LETTER G STATING NO MORE THAN TEN CAMP SITES ARE ALLOWED PER ACRE, ALLOWED CAMPSITE ARE FOR TENTS, TRAVEL TRAILERS, OR RVS

MR. PIERCE SECONDED THE MOTION.

MOTION CARRIED.

 

 The proposal will go before Town Council July 18th with noted corrections.

 

Pat Bennett: Cardinal Place Preliminary Plat Approval

This issue was tabled due to the appropriate paperwork not being submitted to the Planning Department.

 

Application for Nomination to the Planning Board as an ETJ Member

Chairman Tilley was not present when Mr. Chamberlin was interviewed. The remaining members recommended him highly.  Mr. Chamberlin is willing to come in for a second interview if needed. He is very interested in serving as an ETJ member.

 

MR. BREDE MADE A MOTION TO RECOMMEND THE APPOINTMENT OF WILLIAM CHAMBERLIN AS A ETJ MEMBER TO THE MAGGIE VALLEY BOARD OF ALDERMEN TO THE BOARD OF ALDERMEN.

MS O’KEEFE SECONDED THE MOTION.

MOTION CARRIED UNANIMOUSLY.

 

Other Business

Mr. Brede stated his concerns about the three new businesses that have recently come to Maggie Valley i.e. modular home business, gas station, and the Dollar General Store.

Mr. Brede felt the Planning Board should be approving these businesses prior to being issued any permits. “The Planning Board needs to see these projects before they get off the ground.”

 

Members kept referring to a time when the carwash was built adjacent to a motel.  It was their impression that the zoning ordinance had been amended to allow review of all Commercial 1 projects.

 

The zoning as amended in 2004.

ORDINANCE 332

AN ORDINANCE AMENDING THE TOWN OF MAGGIE VALLEY

ZONING ORDINANCE

 

Add new section 1306.8 as follows:

No variance may be awarded within the C-1 (Commercial) District without being first submitted to the Town of Maggie Valley Planning Board for review and recommendation.  The Planning Board shall have thirty –days (30) within which to submit its report.  If the Planning fails to submit a report within the thirty-day period, it shall be deemed to have approved the proposed variance.

 

Sign Setbacks- Article IX General requirements – Sign Location – letter B

Except as specifically authorized herein, all pole (free standing detached) signs or signs detached from a building shall be placed outside the state (NCDOT) right-of-way.  No signs of any nature shall be permitted on any public right-of-way except those erected for orderly traffic control, and other municipal and governmental purposes, or directional signs of six (6) square feet or less and referring only to organizations, which are non-profit in character, or to construction projects in progress.

 

Section 900 entitled General Provisions- 900 Non-Conforming Use

It is the intent of this section to discourage the survival of nonconforming uses and to prohibit their enlargement, expansion, or extension.  Any building, structure, or use of land existing at the time of the enactment of this Ordinance or any amendment thereto may be continued subject to the following provision.

They shall not be:

Rebuilt, altered or repaired after damage exceeding seventy-five (75%) percent of its fair market value immediately prior to damage with the exception of being rebuilt within the boundaries of the existing footprints.

 

ADOPTED THIS THE 17 DAY OF February 2004.

 

Mr. Brede contends that the Planning Board should be able to oversee design control elements, and require where parking is located.  Mr. Brede does not like the way the Dollar General Store is situated on the property.

 

Mr. Pierce agreed.

 

If the use is an allowable use in the zoning ordinance, the use can not be denied.

 

Chairman Tilley would like to get more into environmental displays and get away from the display appearance common in today’s modular homes. Chairman Tilley also had concerns about light pollution.

 

The Planning Board would like to see an architectural review board in place. Even if it had to be in suggestion form.

Chairman Tilley asked that each member write down their concerns/desires and the Planning Board will begin work on the listed items.

 

MR. BREDE MADE A MOTION THAT THE PLANNING BOARD REVIEW ALL C1 PROPERTIES  IN THE CORPORATE LIMITS OR IN THE ETJ AREA OR IF THE PROPERTY OWNER IS REQUESTING ANNEXATION.

MS. O’KEEFE SECONDED THE MOTION.

MOTION CARRIED.

 

MR. PIERCE MADE A MOTION TO DIRECT TOWN STAFF TO REVISIT THE ZONING ORDINANCE AND IF NECESSARY MAKE AMENDMENTS TO ALLOW THE PLANNING BOARD TO HAVE A BROADER INSPECTION OF C1 BUILDINGS.

MR. BREDE SECONDED THE MOTION.

MOTION CARRIED.

 

Planning Director Clark will research how other appearance committees are created in other municipalities.

 

Mr. Clark updated the Planning Board on the proposed amended affecting the requirements for the Zoning Board to grant variances. The proposed amendment is common throughout North Carolina and the wording being proposed is similar to the Town of Sylva.

 

ON MOTION OF CHAIRMAN TILLEY, SECONDED BY MR. BREDE, THE MEETING ADJOURNED AT 4:35 P.M.

 

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Chairman Patricia Tilley

 

 

 

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Vickie Best, CMC, Town Clerk