Town of Maggie
Valley
Special Called
Joint Meeting
Board of Aldermen
and Planning Board
August 8, 2005
MINUTES
Members Present: Mayor Pinter, Aldermen Roger McElroy & Mark DeMeola
Members Absent: Aldermen Linda Taylor & Phil Aldridge
Planning Board Members Present: Chairman Patricia Tilley, Richard Pierce, Jerry Zerbock, and Billy Brede
Planning Board Members Absent: Billy Case & Brenda O’Keefe
Staff Present: Manager Tim Barth, Chief Scott Sutton, Planning Director Kevin Byrd, Attorney Chuck Dickson, and Town Clerk Vickie Best
Others Present: Approximately 48 people in attendance
Mayor Pinter called the meeting to order at 4:45 p.m.
The purpose of the meeting was to discuss the road deviations in the Maggie Valley Resort.
Chairman Tilley questioned why and how the Board of Aldermen arrived at the decision to allow the deviation from the street standards.
Before answering, Mayor Pinter informed the audience that Alderman Taylor is not present because she owns land adjacent to the Maggie Valley Resort and felt there could be a conflict of interest.
Mayor Pinter went on to inform the Planning Board Members that the Aldermen were the deciding Board for deviations from both the street standards and the sewer use ordinance. The private roads were approved contingent on the Planning Board approving the plat.
The Fire and Police Departments provided a positive recommendation for safety.
Chairman Tilley stated that the Planning Board received the Maggie Valley Resort Master Plan in March. The plan then went to the Zoning Board of Adjustments to be deemed a Planned Unit Development.
The Home Owners Association will maintain the roads and have agreed that the Town will never be asked to assist.
Chairman Tilley stated her concerns from both personal experience and time served on the Planning Board.
Attorney Kirsten provided a history of how approvals have come about to date. The roads will be constructed to Town and State standards. The Aldermen granted a variance on road widths only. The road rights-of-way will remain clear of any vegetation that may impede traffic. Again, the Planning Board could not approve the final plat if the Aldermen had not granted the road variance. The Resort had an engineer present at the Aldermen meeting to answer questions. For every one (1) foot of road width four (4) feet of earth is disturbed.
Attorney Kirsten went on to explain that the Planning Board seemed to have been sidetracked with the adjacent homeowners’ presence. The issues got confused from roads within the development and the roads adjacent and leading into the development. The Resort felt that a Planning Board Meeting was not the proper arena to discuss those matters. The Attorney General says that the roads adjacent to the development are public roads.
Again, Attorney Kirsten clarified that the roads will meet all standards other than width.
Many of the Planning Board members felt the Planning Board should listen to the adjacent property owners out of courtesy.
Mr. Brede stated that his subdivision meets the road standards but the subdivision will be a gated community.
Attorney Dickson explained that if the Planning Board approved the subdivision plat, they would only be ratifying what the Aldermen have already approved. The authority to deviate from the roads standards belongs to the Town Council.
Mr. Pierce stated that the Planning Board has worked very hard on the Subdivision Ordinance and would hate to see a precedence set by allowing deviations from the road standards.
Precedence would not be set as the request comes from extenuating circumstances. There will be six homes on the road on a 30-degree slope. Attorney Kirsten added, “A 124 foot road cut, to serve six homes is not logical”.
Chairman Tilley thanked the Town Council for meeting with the Planning Board.
ALDERMAN DEMEOLA
MADE A MOTION TO ADJOURN AT 5:30 P.M.
MOTION CARRIED.
Mayor Jo Pinter Vickie Best, CMC Town Clerk
THE PLANNING BOARD RECESSED FROM 5:30 P.M. UNTIL 5:50
P.M.
Chairman Tilley allowed Mr. CB Turner to address the Board.
As previously expressed, Mr. Turner felt the Town should require the Resort to assist with maintenance of the road leading into the Resort. Mr. Turner contends that the Town owns the road to centerline. The other side belongs to the Property Owner’s Association. Mr. Turner felt the three most important reasons the Town should “step in”: the current road does not provide proper access into the new subdivision, the road is unsafe, and the new construction will damage the road.
The Planning Board is looking at the roads inside the subdivision (PUD). The road being discussed by the homeowners has no bearing on the issue at hand. Mr. Byrd agreed that any agreement must be between the two entities rather than the Town.
The Planning Board discussed the possibility of requiring an agreement between the two entities.
Both Attorneys Dickson and Kirsten felt the road being questioned by the property owners is irrelevant to the issue at hand.
Chief Sutton again stated that the Fire Department’s concerns are the integrity of the roads with proper shoulders, drainage, etc. The apprehension is more about the driveways leading to the homes providing proper access for emergency vehicles.
Chairman Tilley continually receives complaints about narrow, deteriorating roads. “We cannot do anything about the past, but we can control the future.”
MR. BREDE MADE A
MOTION TO APPROVE THE TWENTY LOTS WITH THE FOLLOWING STIPULATIONS: ROAD NAMES,
ROAD WIDTHS BE SHOWN IN THE NOTATION.
MR. PIERCE SECONDED
THE MOTION.
CHAIRMAN TILLEY
OPPOSED THE MOTION.
MOTION CARRIED BY
MAJORITY.
Chairman Tilley explained that she opposed because in the future, those people will be contending with the same problems that many residents are dealing with today.
Mr. Brede suggested the Planning Board look at revising the ordinance to address private and public roads.
MR. BREDE MADE A
MOTION TO ADJOURN AT 6:45 P.M.
MR. PIERCE
SECONDED THE MOTION.
MEETING ADJOURNED.
____________________________________
Chairman Patricia Tilley
____________________________________
Town Clerk Vickie Best,
CMC