TOWN OF MAGGIE
VALLEY
REGULARLY
SCHEDULED PLANNING BOARD MEETING
SEPTEMBER 7, 2005
MINUTES
Members Present: Chairman Patricia Tilley, Billy Case, Jerry Zerbock, Richard Pierce, and Billy Brede (3:50 p.m.)
Staff Present: Manager Tim Barth and Town Clerk Vickie Best
Others Present: John Schreiber, Mike Tooey, Attorney John Kirsten, and Greg Stephenson
MEETING CALLED TO ORDER
Chairman Tilley called the meeting to order at 3:10 p.m. in the Maggie Valley Town Hall Boardroom.
APPROVAL OR CORRECTION OF MINUTES: JUNE 13, 2005 &
JULY 6, 2005
MR. CASE MADE A
MOTION TO APPROVE THE MINUTES AS PRESENTED.
MR. PIERCE
SECONDED THE MOTION.
MOTION CARRIED
UNANIMOUSLY.
FINAL SUBDIVISION PLAN REVIEW: TRINITY COVE: PHASE 1
The following information was provided to the Board.
8 All roads will meet Maggie Valley Road Standards. After construction, the roads will be given to the Town.
The Board asked that this be indicated in the notes of the plat. As-built surveys will be given to the town.
8There will be an 8” sewer line with 4” lines running to each home
8The drainage ditches will be rip-wrapped and the silt basin continually cleaned by the developer/Homeowners Association
8The stream buffers will be met
8The subdivision will be buffered from the surrounding areas
8 Due to the lay out of the subdivision, there will be a lot of green space and park area
Manager Barth recommended approval.
MR. PIERCE MADE A
MOTION TO APPROVE THE PLAT SUBJECT TO THE ADDITIONS DISCUSSED.
MR. ZERBOCK
SECONDED THE MOTION.
MOTION CARRIED.
PRELIMINARY SUBDIVISION PLAN REVIEW: BRANNON FOREST
LOTS 107-109, 117-133
Mr. Stephenson addressed the Board stating that lots 134 & 135 were sold four years ago and have since been combined. There will be 20 new lots in Phase II of the Brannon Forest Subdivision. Phase II is in the process of being annexed. Sewer capacity has been dedicated. The Erosion Control Plan has been approved. There will be walking trails throughout the area that will be deeded to the Home Owners Association upon completion.
The Board reviewed the plat asking that the following notes be indicated on the plat.
8Road names
8Road widths and that the roads will be paved to 18’ with a 45’ R-O-W
8 R1 with 25-10-10 setbacks: setbacks are to be calculated from the road right-of-way or property line, which ever is greater
8 Private Drive named and noted
Lot 129 could have two front entrances. Mr. Stephenson will need to go before the Zoning Board of Adjustments to seek a variance for lots 129 & 130 (interior and exterior setbacks).
Manager Barth recommended approval of the preliminary plat.
MR. PIERCE MADE A
MOTION TO APPROVE THE PRELIMINARY PLAT CONTINGENT ON NOTES INCLUDING: ROAD
NAMES, ROAD WIDTHS, PRIVATE DRIVE DESIGNATION, ROADS SHOWN 18 FEET IN WIDTH
WITH A 45 FOOT RIGHT OF WAY, ZONED RESIDENTIAL 1 WITH SETBACKS MET FOR DISTRICT
AND CREEK BUFFER, LOTS 129 & 130 SUBJECT TO A VARIANCE.
MR. BREDE SECONDED
THE MOTION.
MOTION CARRIED.
MR. BREDE MADE A
MOTION THAT THE TITLE BLOCK BE ADDED TO SHOW BRANNON FOREST PHASE II ON FINAL
PLAT.
MR. PIERCE
SECONDED THE MOTION.
MOTION CARRIED.
PRELIMINARY SUBDIVISION PLAN REVIEW: MAGGIE VALLEY
CLUB: PHASE II: CONDOMINIUMS
As earlier stated, for safety purposes, the road going through the parking lot will be redesigned to slow traffic.
The plans are for thirty-two units of condominiums. The project will consist of a mixture of units. Some units will be apartment style (3 stories) with the first floor below grade. The remaining units will be more like town houses. Each unit will have a parking garage. All units will be landscaped.
The Zoning Board of Adjustments has deemed the project a Planned Unit Development.
The single-family phase of the project will meet the R1 standards, while this phase will meet R3 standards. A Planned Unit Development allows mixed uses.
Overflow parking will be available for all units as well as addition parking at the Club House.
Several board members were concerned about there being enough parking, especially, for guests visiting the residents.
Mr. Pierce asked if five spaces could be added Adjacent to Condominium Building D, making sixty-two (62) spaces.
Mr. Tooey reported that topography could be a problem.
Mr. Case suggested leaving the area in grass, consequently having the extra space if needed.
MR. BREDE MADE A
MOTION TO ACCEPT THE PRELIMINARY PLAT DATED AUGUST 4, 2005 BUT TO SHOW COUNTY
CLUB DRIVE EIGHTEEN (18) FEET IN WIDTH AND ADD ADDITIONAL PARKING ON THE LEFT
SIDE OF THE PROPOSED PARKING LOT FOR AS MANY SPACES AS POSSIBLE WITHOUT CUTTING
ANY OF INDIGENOUS TREES.
MR. PIERCE
SECONDED THE MOTION.
MOTION CARRIED.
The Board recessed from 4:55 p.m. until 5:00 p.m.
CONSIDERATION OF ZONING LOTS 3 & 4 AT COUNTRY CLUB
ESTATES, TRINITY COVE SUBDIVISION, AND THE MARK BENITEZ PROPERTY
The Mark Benitez property will not be discussed because of being zoned through Extra Territorial Jurisdiction.
Lots 3 & 4 at the Country Club are surrounded by Residential 1 zoning, therefore R1 zoning would apply.
The Trinity Cove Subdivision meets Residential 3 standards.
MR. PIERCE MADE A
MOTION TO ACCEPT THE STAFF RECOMMENDATION AND PROPOSE R1 ZONING FOR THE COUNTRY
CLUB ESTATES PROPERTY AND R3 ZONING FOR TRINITY COVE SUBDIVISION.
MR. BREDE SECONDED
THE MOTION.
MOTION CARRIED.
CONSIDERATION OF AMENDING AN ORDINANCE REGARDING
OVERGROWN LOTS
Overgrown lots are now under the Nuisance Ordinance and require several weeks to remedy the problem.
The proposed amendments:
Weeds and Unwanted Vegetation
Between Curb and Sidewalk:
No plantings or other obstruction more
than thirty (30) inches high may be made on
the right-of-way between the curb and sidewalk for a distance of 50 feet from the
corners of intersections.
Duty of Owner to Control; Authority
of the Town to Remove:
(a)
Heavy undergrowths and
excessive accumulations of plant growth such as
grass
and weeds shall not be permitted to exceed ten (10) inches in height,
whether
upon occupied property or vacant lots within the Town or within
one
(1) mile of the Corporate limits.
Every owner, lessee, occupant or person
in
possession of property in the Town or within one (1) mile thereof shall cut
down,
within ten (10) inches of the ground, all weeds, grass or other noxious
growth
thereon as often as may be necessary and at least twice each year, the
first
time not later than June 15th and the second time not later than
August 15th of each year.
(b)
If such weeds, grass or
other noxious growth are not cut in compliance with this section, the Town of
Maggie Valley, through its agents and employees, shall proceed to have such
weeds, grass or other noxious growth cut out, and the owner, lessee, occupant
or person in possession of the property shall be
responsible
to the Town for the cost thereof as provided in G.S. ş 160A-193.
Investigation By Town; When Deemed
Public Nuisance:
(a) The Town Manager, or his assignee, upon notice from
any person of the
existence
of the conditions described in ş 2B-3 (b) , shall make or
cause
to
be made such investigations as may be necessary to determine whether,
in
fact, such conditions constitute a public nuisance.
(b) The uncontrolled growth of noxious weeds and grass,
causing or threatening
to
cause conditions dangerous and prejudicial to the public health or a
fire
hazard dangerous to the public safety, upon any premises or upon any
vacant
lot is hereby declared to be a public nuisance.
Section 2B-4
Notice to Owner to Abate; When Notice
Cannot be Given:
(a)
Following the
investigation provided in ş 2B-3 (a), and upon
determination
by
the Town Manager, or his assignee, that such conditions constitute a
public
nuisance, the Town Manager, or his assignee, shall notify, in writing,
the
owner, lessee, occupant or person in possession of the premises in
question
of the condition constituting a public nuisance and shall order the
prompt
abatement thereof.
(b)
In any case in which the
Town Manager, or his assignee, is unable to give
written
notice to the owner, lessee, occupant or person in possession of the
premises
upon which a nuisance exists, whether by reason of inability to
identify
the person or to ascertain his address, the Town Manager, or his
assignee,
shall give notice by publication in a newspaper of general
circulation
which is qualified under G.S. ş 1-597 to publish legal
advertisements in the County. At
the same time, the Town Manager, or his assignee, shall post a copy of such
notice at a conspicuous place upon the premises in question.
The
ten (10) day period provided in ş 2B-5(a) shall
commence to run from
the
date of publication, and the cost of such publication shall be included in
the
cost of removal of the conditions which constitute the nuisance.
Abatement
by Town; Lien:
(a)
Any person who, under
the provisions of ş 2B-4(a) has been ordered to abate
a
public nuisance may, within ten (10) days from receipt of such order, request
the Town Manager, or his assignee, in writing to remove the conditions
constituting the nuisance, the costs of such removal to be paid by the person
making the request. If not paid,
such costs shall be a lien upon the land and premises where the nuisance was
situated and shall be collected as unpaid taxes as provided in G.S. ş 160A-193.
(b)
If any person who, under
the provisions of ş 2B-4(a), has been ordered to
abate
a nuisance, fails to do so or fails to request the Town Manager, or his
assignee,
to do so, within ten (10) days of receipt of such order, the Town Manager, or
his assignee, shall proceed to remove the conditions constituting
the
nuisance. The costs of such
removal shall be a lien upon the premises
where
the nuisance was situated and shall be collected as unpaid taxes as
provided
in G. S. ş 160A-193.
MR. CASE MADE A
MOTION TO ACCEPT THE DRAFT FOR ARTICLE 2 OF THE NUISANCE ORDINANCE WITH THE
AMENDMENT TO REMOVE THE LAST SENTENCE REFERRING TO “TWICE A YEAR” FROM SECTION 2b-2 PARAGRAPH A.
MR. BREDE SECONDED
THE MOTION.
MOTION CARRIED
UNANIMOUSLY.
CONSIDERATION OF AMENDING ORDINANCE REGARDING THE
ACCUMULATION OF SOLID WASTE
Definition. The term
“solid wastes” as used in this ordinance shall be construed to include all
useless, unwanted or discarded nongaseous and non-liquid material resulting
from domestic, industrial, commercial or community activities.
The
existence of an accumulation of solid wastes on any lot or parcel of land
within the corporate limits, uncovered or enclosed or under circumstances
otherwise resulting in or threatening to cause any of the following conditions
is hereby declared to be dangerous and prejudicial to the public health or
safety and to constitute a nuisance;
(c)
A fire hazard;
(d)
Accumulation of stagnant
water;
(e)
Inhabitation therein of
rats or other vermin of any kind;
(d) Substantial risk of injury to minors or
other persons, such as but not limited to
open
storage or accumulation of any abandoned refrigerator or other appliance,
glass,
building materials or similar items;
(e) The collection of garbage, food waste,
animal waste or any other rotten or
putrescible matter of any kind in an open space;
(f) The accumulation of rubbish,
trash, junk or combustible items, causing or
threatening to cause the accumulation of stagnant water or causing or
threatening to cause the inhabitance therein of mosquitoes, harmful
insects,
rats, mice, snakes or vermin of any kind;
(g) The obstruction of public streets,
highways or alleys;
(h) The accumulation of yard waste, dead
trees, fallen trees, sections of tree trunks,
tree
limbs or tree stumps not removed within thirty (30) days after it has
acquired
a situs on the property. This
shall not apply to accumulations of less
than two
(2) cubic yards or to natural accumulations on vacant parcels of land
when such
parcels are larger than two (2) acres and such natural accumulation
is not
within 50 feet of any property line of adjoining developed propert;
(i) Conditions that block, hinder or
obstruct in any way the natural flow of
branches,
streams, creeks, surface waters, ditches or drains;
(j) Any activity that causes or
allows grass clippings or similar material to blow,
scatter
or be placed upon any public street or sidewalk. In the event that grass
cutting
or similar activity causes aforesaid material to accumulate upon a
public
street or sidewalk, the person(s) responsible shall remove said material
immediately after completing grass cutting or similar activities;
(k) Emission or effluence of noxious or
offensive particulate matter, dust, sludge,
or
other materials or substances which tend to pollute or contaminate land,
water
or air, rendering or tending to render it injurious to human health,
habitation
or welfare, to animal or plant life or to property; provided that
this
subsection shall be construed consistent with and supplementary to, and
not
in conflict with, applicable State and Federal laws and regulations; and
(l) Any condition detrimental to the
public health which violates State or Federal
law,
or the rules and regulations of the Haywood County Health Department.
The Building Inspector, upon notice from
any person of the possible existence
of any of the conditions
described in Section 2A-2, shall cause to be made by the
appropriate Haywood County
Health Department Official, or Building Inspector, such
investigation as may be
necessary to determine whether conditions exist which may
constitute a public nuisance as
declared in Section 2A-2.
the Town Manager, or his
assignee, shall notify, in writing, the owner and lessee or occupied of the
premises in question of the conditions constituting such public nuisance and
shall order the prompt abatement thereof within fifteen (15) days from the
receipt of such written notice.
If
the owner, or lessee or occupier, having been ordered to abate such a public
nuisance, fails, neglects or
refuses to abate or remove the condition constituting the
nuisance within fifteen (15)
days from receipt of said order, the Town Manager, or his assignee, may cause
said condition to be removed or otherwise remedied by having employees of the
Town of Maggie Valley to go upon said premises and remove or otherwise abate,
such nuisance under the supervision of an appropriate officer or employee. Any person who has been ordered to abate
a public nuisance may within the time allowed by this ordinance request the
Town of Maggie Valley in writing to remove such condition, the cost of which
shall be paid by the person making such request.
The total costs incurred by the Town of
Maggie Valley in removing or otherwise remedying a public nuisance shall be
charged to the owner of such lot or parcel of land,
and it shall be the duty of
the Tax Collector to mail a statement of such charges to the
owner or other person in
possession of such premises with instructions that such charges
are due and payable within
thirty (30) days from the receipt thereof. In any case in which
such costs are imposed under
the provisions of this ordinance, the Town Manager, or his assignee, shall
properly certify to the Tax Collector, in writing, the nature of the work and
date performed, the name of the property owner, the address of the property,
materials, investigation of ownership and violation, inspection, etc.
Disposal of Removed Items. In the event charges for the removal or abatement of a public
nuisance are not paid within thirty (30) days after the receipt of a statement
of charges
as provided for in this
ordinance, such charges shall become a lien collected as unpaid taxes,
together with any legal
expenses including attorneys fees, as provided in G.S. 160A-193.
Section 2A-8
The procedure set forth in this
ordinance shall be in addition to any other remedies
that may now or hereafter
exist under law for the abatement of public nuisances and this
ordinance shall not prevent
the institution of criminal charges against any person, firm or
corporation violating the
provisions of this ordinance.
Section 2A-9
In addition to other available remedies,
this ordinance may be enforced by an
appropriate equitable remedy
issuing from a court of competent jurisdiction and applied
for the Town of Maggie Valley
as provided in G.S. 160A-175(d).
Section 2A-10
Also, in
addition to other available remedies, any violation of the provisions of
this ordinance may subject
the offender to a civil penalty in an amount up to $50.00 per
day, which may be recovered
by the Town of Maggie Valley in a civil action in the
nature of dept if the
offender does not pay the penalty within thirty (30) days after he
has been citied by the Town Manager,
or his assignee, for violation, as provided in
G.S. ş 160A-175(c).
This ordinance amendment is similar in nature to overgrow lots, other than providing 15 days rather than 10 days. The Town would clean up the area and then charge the property owner.
Chairman Tilley asked that business owners enclose all dumpsters as stated in the Zoning Ordinance. Manager Barth will review the ordinance and begin enforcement.
MR. BREDE MADE A
MOTION TO APPROVE THE AMENDMENT.
MR. CASE SECONDED
THE MOTION.
MOTION CARRIED.
CONSIDERATION OF AN ORDINANCE REGARDING PUBLIC HEALTH
AND PUBLIC SAFETY NUISANCES
AN ORDINANCE
REGARDING PUBLIC HEALTH AND PUBLIC SAFETY
NUISANCES
WHEREAS, the Town
may encounter situations where Town staff believes that the public health or
public safety is at risk; and
WHEREAS, the
North Carolina General Statutes expressly grant the Town authority to deal with
public health and public safety nuisances in Chapter 160A-193.
NOW THEREFORE BE IT HEREBY
ORDAINED BY THE TOWN BOARD OF ALDERMEN OF MAGGIE VALLEY, NORTH CAROLINA THAT:
Section 1: The Town
of Maggie Valley shall have authority to summarily remove, abate, or remedy
everything in the city limits, or within one mile thereof, that is dangerous or
prejudicial to the public health or public safety. Pursuant to this section, the Town of Maggie Valley Board of
Aldermen may order the removal of a swimming pool and its appurtenances upon a
finding that the swimming pool or its appurtenances is dangerous or prejudicial
to public health or safety. The
expense of the action shall be paid by the person in default. If the expense is
not paid, it is a lien on the land or premises where the nuisance
occurred. A lien established
pursuant to this subsection shall have the same priority and be collected as
unpaid ad valorem taxes.
Section 2: The
expense of the action is also a lien on any other real property owned by the
person in default within the city limits or within one mile of the city limits,
except for the person's primary residence. A lien established pursuant to this subsection is inferior
to all prior liens and shall be collected as a money judgment. This subsection shall not apply if the
person in default can show that the nuisance was created solely by the actions
of another.
The above amendment may be enforced in the ETJ area, but having a definite way of receiving payment for the work would be dependant on the County agreeing to attach the County Tax Bill.
MR. CASE MADE A
MOTION TO APPROVE THE AFOREMENTIONED AMENDMENT AND TO PRESENT ALL THREE
ORDINANCES TO THE BOARD OF ALDERMEN.
MR. BREDE SECONDED
THE MOTION.
MOTION CARRIED.
The discussion on public safety then led to swimming pools. For the safety of children, Mr. Pierce felt all swimming pools should be fenced.
Manager Barth agreed and provided an example from the Town of Spindale where there was an incident with a pool. Manager Barth will look into what other areas are handling both commercial and residential pools.
OTHER BUSINESS
In an effort to save time and money for people appearing before the Board, Mr. Pierce questioned if it would be best to have those people with an attorney do their presentation first. Mr. Tooey with the Country Club always brings Attorney Kirsten.
Manager Barth responded that people are placed on the agenda in the order of submittal.
The Board discussed going to the Resort to view the area and the 3-D projection of the project. Manager Barth will schedule the meeting.
Chairman Tilley also asked that the Maggie Valley Planning Board show their support in the County’s Storm Water Run-Off and Slope and Hillside Development. Input is encouraged by the County. If the data is collected and assimilated in a useful manner, Maggie Valley would have something to work from.
Mr. Case suggested reviewing the goals set at the beginning of 2005, and then prioritize a list from there.
ON MOTION BY MR.
BREDE, THE MEETING ADJOURNED AT 6:10 P.M.
Chairman Patricia Tilley Town Clerk Vickie Best, CMC