TOWN OF MAGGIE VALLEY

CONTINUED PLANNING BOARD MEETING

SEPTEMBER 19, 2006

MINUTES

 

Members Present:        Chairman Patricia Tilley, William Chamberlin, Richard Pierce, and                          Billy Brede

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

Others Present:            None

 

Meeting Continued

Chairman Tilley continued the meeting at 11:06 a.m. in the Town Hall Boardroom.

 

Chairman Tilley announced that Andrew Golley has resigned.  The Planning Board needs two regular members and one ETJ member.  Chairman Tilley asked that the remaining members try to provide a weeks notice if a meeting is going to be missed.

 

Mr. Pierce stated for the record that he thought that Mr. Golley’s e-mail was reprehensive and that he had complete confidence in Chairman Tilley.  The Planning Board makes viable recommendations to the Town Council under Chairman Tilley’s guidance.

 

Revisiting Planning Board Review of C-1 General Business

Mr. Clark provided a history of how the issue has come full circle back to the Planning Board.  At the June 28, 2006 meeting, a motion was passed that the Planning Board desires to review all C1 development.  Staff thought that it was for informational purposes only. Previously the Planning Board reviewed C1 projects under another Planning Director and Manager.  

 

The Zoning Ordinance amendment that some members thought gave them the authority to review C1 projects reads: 

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 Board fails to submit a report within the thirty-day period, it shall be deemed to have approved the proposed variance. Adopted in February 2004.

 

The problem arises when a permitted use is required to come before the Planning Board rather than being approved at staff level.  If the proposed business is a permitted use and all requirements, currently in the Zoning Ordinance, are met, the business cannot be denied.  The issue was pulled from the Aldermen Agenda because Mayor McElroy felt more information was needed.

 

Mr. Brede felt strongly that the Planning Board should have recommendation authority on C1 activities. There is a lot of activity going on in the C1 district that needs careful review for parking, landscaping, etc.

 

Chairman Tilley disagreed with the way the item was removed from the agenda.  It appeared that the Aldermen and Planning Board was not working together as a team. 

 

When the agendas went out on Friday, staff was under the impression that the Planning Board and staff were on the “same page”. On Monday, after the agenda packets were delivered, it came to staff’s attention that staff had misunderstood the Planning Board’s intent. There were no Planning Board members present at the Aldermen meeting to explain the confusion. 

 

Mr. Pierce felt that with the reopening of Ghost Town, new businesses will locate to the area.  The Planning Board needs to review and grant approval for C1 businesses or the struggle between commercial and residential will create an even greater hardship for the Town. The Town will look like a hodge-podge of businesses, as with the new manufactured homes Sales Center. The Planning Board wants nice structures with well-groomed landscaping.

 

As for an Appearance Committee, Chairman Tilley stated that the Planning Board was told they were not qualified.  Based on the workshops with Dr. Cooper, the members know more than the average person does. There is a lot of documentation that can assist.  Chairman Tilley felt that with the limited amount of C1 land left, it should not be wasted like the area where the General Dollar is located.

 

Mr. Brede agreed, going on to discuss how dangerous it is trying to get back onto US-19 and US-276 coming out of the Dollar General Store due to the crest of the hill and no defined turn lane.

 

Chairman Tilley read the motion from the June 28 meeting.

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.

 

After further discussion, the following motion was made.

MR. BREDE MADE A MOTION TO AMEND THE ORDINANCE TO ADD A PROVISION THAT SAYS ALL NEW AND 50% OR GREATER REMODELING OFC1 PROJECTS FOR INSIDE THE TOWN LIMITS, ETJ AND ANNEXATION AREAS MUST BE APPROVED BY THE PLANNING BOARD BEFORE A BUILDING PERMIT IS ISSUED TO INCLUDE BUT NOT BE LIMITED TO DESIGN, SETBACK, LANDSCAPING REGULATIONS, PARKING AND LIGHTING GUIDELINES.

MR. PIERCE SECONDED THE MOTION.

MOTION CARRIED UNANIMOUSLY.

 

Mr. Chamberlin reminded the Board that people could still do what they want if the ordinance guidelines are met.  A set of guidelines needs to be in place or the ordinance needs to be amended.

 

Mr. Clark agreed there should be a “cut and dry criteria to base decisions”.

 

Mr. Brede wants the ordinance revised to require buffer zones, landscaping regulations, and parking location. Mr. Brede felt that Legends Sports Bar does not have enough parking.

 

The ordinance requires one parking space per four chairs.

 

Chairman Tilley stated that a plan should have been submitted so the Board knew how many seats there were verses the number of parking spaces.

 

Manager Barth asked that all the Planning Board members attend the Council meeting.

 

Mr. Chamberlin asked that Manager Barth alert the Aldermen that the Planning Board is looking at revising the ordinance.

 

The Board decided to make individual lists of concerns or “pet peeves” they wish to address i.e. setbacks, buffers, landscaping, green space, etc. All members will then bring those items to the table for discussion.

 

Review of Bylaws

Mr. Pierce will be out of Town from November until April.  Mr. Pierce stated that he was not opposed to setting time aside for the meetings over the phone. 

 

Chairman Tilley felt that Mr. Pierce was a valuable member and she did not want to loose him due to the attendance section in the bylaws. The Planning Board has made concessions for other members.  “Good Planning Board members are hard to get.”  Chairman Tilley asked if the Board could give Mr. Pierce a leave of absence.

 

After reviewing the bylaws, the board determined that it would be detrimental to the Board as a whole of the attendance section if the bylaws were discarded.

 

CHAIRMAN TILLEY MADE A MOTION TO ADD REGULARLY SCHEDULED MEETINGS AND TO ADD THE WORDING THAT THE PLANNING BOARD MAY GRANT LEAVES OF ABSENCES FOR DESIGNATED PERIODS OF TIME.

MR. CHAMBERLIN SECONDED THE MOTION.

MOTION CARRIED.

 

Mr. Pierce asked that the Planning Board revisit the issue of sex offenders entering Town parks. 

 

The Town of Woodfin’s sex offenders ordinance will be brought before the Planning Board at the next meeting.

 

ON MOTION OF MR. BREDE, SECONDED BY MR. CHAMBERLIN, MOTION CARRIED AND THE MEETING ADJOURNED AT 1:54 P.N.

 

 

 

 

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Chairman Patricia Tilley

 

 

 

 

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Vickie Best, CMC. Town Clerk