TOWN OF MAGGIE
VALLEY
REGULARLY
SCHEDULED PLANNING BOARD MEETING
JULY 6, 2005
MINUTES
Members Present: Chairman Patricia Tilley, Jerry Zerbock, Brenda O’Keefe, Billy Case, and Richard Pierce arrived at 4:25 p.m.
Staff Present: Planning Director Kevin Byrd and Town Clerk Vickie Best
Others Present: Approximately eleven people
Meeting Called to Order
Chairman Tilley called the meeting to order at 3:14 p.m. in the Town Hall Boardroom.
Approval or Correction of Minutes: February
15, 2005
March
2, 2005
March
15, 2005
April
6, 2005
May
4, 2005
May
19, 2005
MR. CASE MADE A
MOTION TO APPROVE THE MINUTES AS PRESENTED.
MS O’KEEFE
SECONDED THE MOTION.
MOTION CARRIED
UNANIMOUSLY.
Trinity Cove Subdivision: Present Master Plan and Phase
1- Preliminary Plan Review
Mr. Byrd reported that the entire property would be incorporated into Maggie Valley within the next three months. The annexation process has already begun. As with any project, changes may occur prior to the final.
Mr. Kevin Alford, of Alford Engineering addressed the Board stating that the Erosion Control Plan is approved. Sanitary District water will not serve the entire subdivision due to a low P.S.I. A pump will be installed to pump water to the lower lots. Lot 69 forward will be served by well water. Municipal sewer will serve the entire subdivision.
The road grade will not be over 14%. Green spaces / park areas will be included in the development.
The 94 lots meet Residential 3 standards.
The subdivision sign will be at the entrance on the back side of the bank outside the NCDOT right-of-way.
Spy Rock Road will be paved 18 feet with ditches. Mr. Alford discussed the normal problems encountered with erosion control and heavy rains. Parks/ Green space is incorporated into the Erosion Control Plan due to underground streams (Perennial Streams). The Corp of Engineers approved the method. Site evaluations have been completed.
Lorain Drive will access lots 87 through 94. These lots will not be part of the subdivision because the grade of Lorain Drive will not meet Maggie Valley’s Road Standards.
Mr. Byrd explained that the subdivision meets the ordinance guidelines. The Preliminary Plat must be approved by Haywood County until annexation is complete.
MR. CASE MADE A
MOTION TO ACCEPT THE TRINITY COVE PRELIMINARY PLAT FOR PHASE 1. THE PLAT MEETS THE GUIDELINES OF THE
ORDINANCE.
MS. O’KEEFE
SECONDED THE MOTION ADDING THAT THE HAYWOOD COUNTY PLANNER MUST APPROVE THE
PLAT.
MOTION CARRIED
UNANIMOUSLY.
Smokey Mountain Retreat Subdivision: Lots C69, C70,
C72 and E13 through E15
Mr. David Pope representing Smokey Mountain Retreat addressed the Board stating that the C lots were a challenge for the Health Department. There is a private drive going to lot number 72 with a wide Y turn-around. There are utility easements for C72 and C69 for septic systems. The Health Department has approved the system.
The elevation ranges from 3500 feet to 3600 feet.
Mr. Byrd recommended approval.
MS. O’KEEFE MADE A
MOTION TO APPROVE LOTS C69 THROUGH C72 AT THE SMOKEY MOUNTAIN RETREAT PHASE
III.
MR. ZERBOCK
SECONDED THE MOTION.
MOTION CARRIED
UNANIMOUSLY.
The road is inadequate going to the E lots. The Retreat has already sold the lots on the lower side of the road. The road will be built and resubmitted for Planning Board approval.
The drain field for lot 13 goes onto lot 15 with an easement recorded.
Mr. Byrd recommended approval.
MR. ZERBOCK MADE A
MOTION TO APPROVE THE PLAT AS SHOWN.
MS. O’KEEFE
SECONDED THE MOTION.
MOTION CARRIED.
Discussion on Text Amendment for Lot of Record
Ordinance
Section 900 of the Subdivision Ordinance references Amendment Procedures. Chairman Tilley researched the minutes and found that in November 2002 the Planning Board requested an increase in lot sizes. The discussions ended, because the Town Council was not receptive. There have been discussions about incorporating a C5 zoning for amusement parks to include the Ghost Town area.
Ms. O’Keefe spoke of non-conforming uses, such as homes, becoming damaged and not being able to be rebuilt. Although, the town would not want to give perpetuity to non-conforming commercial activities; residential uses should be allowed to rebuild.
Ms. O’Keefe suggested adding residential non-conforming uses as another section under Section 900.
A section 900.5 will be added for non-conforming commercial uses.
Chairman Tilley asked that the ordinance be amended to have the Planning Board approve the rebuilding of non-conforming uses. Chairman Tilley felt people should be allowed to rebuild their homes in the same footprint. If the structure were partially damaged, the property owner could rebuild.
Mr. Byrd responded that Mr. Craig Justice, a Land Planning/ Zoning Attorney suggested permitting approval at staff level.
There needs to be provisions for reconstruction. No one can rebuild in the flood way.
Ms. O’Keefe suggested waiting until more data is collected before moving foreword. The Board members need to know the ramifications to people in future years. The verbiage in the proposed amendment must be sufficient.
The issue was tabled until the August meeting.
Discussion on the Creation of Residential Zoning
Jurisdiction for Limited Lot Lines
Mr. Byrd discussed Stoney Ridge Subdivision being zoned Residential 1. In actuality, the subdivision does not meet Residential 3 standards.
The Stoney Ridge Subdivision could be deemed a Planned Unit Development similar to “The Cliffs”, a townhouse community within the corporate limits. This designation would take the subdivision out of being non-conforming. Being deemed a PUD would not affect the resale value.
Ms. O’Keefe recommended Stoney Ridge Subdivision be deemed a Planned Unit Development. The change in zoning would require a public hearing before the Town Council.
MS. O’KEEFE MADE A
MOTION TO REQUEST A PUBLIC HEARING AT THE JULY 19 COUNCIL MEETING FOR AUGUST
16, 2005 MEETING TO REZONE STONEY RIDGE SUBDIVISION A PLANNED UNIT DEVELOPMENT.
MR. CASE SECONDED
THE MOTION.
MOTION CARRIED
UNANIMOUSLY.
The Zoning Board of Adjustment gave an area variance to the Stoney Ridge Subdivision to encroach on the property line for porches and carports.
Other Business
A public hearing will be held on the proposed Subdivision Ordinance amendments on July 19, 2005 at 6:30 p.m.
ON MOTION BY MR.
CASE, THE MEETING ADJOURNED AT 4:45 P.M.
___________________________________
Chairman Patricia Tilley
___________________________________
Town Clerk Vickie Best, CMC