REGULAR BOARD MEETING of April 4, 2007, with Mayor Don Mullen and
Commissioners Alan Marsh, Amy Patterson, Hank Ross, H. N. James, and
Dennis DeWolf present.
Also present were Richard Betz, Bill Coward, Lamar Nix, Bill Harrell,
Josh Ward, Sonjia Stewart, Kim Lewicki, Jim Lewicki, Linsey Wisdom,
Eric NeSmith, Jeff Weller, Tony Potts, George Mathis, Mario Gomes,
Billy Clarke, Don Chandler, Henry Lyngos, Ray McPhail, Will Stolz,
Louis & Judy Michaud, Gary Nicholson, Fred Jones, William Morris,
and others.
A. PUBLIC HEARING - Zoning and Subdivision Ordinance
amendments on clustering, equipment sheds, and non-conforming uses.
The Mayor called the public hearing to order at 7:00 p.m There
were no comments from the public.
B. PUBLIC HEARING - Variance request for
Smathers/Rainwater Subdivision for road radius, grade, and shoulder.
The Mayor called the public hearing to order at 7:01 p.m. There
were no comments from the public.
C. REGULAR BOARD MEETING.
I. Call to Order.
The Mayor called the meeting to order at 7:02. p.m.
II. Approval of Agenda.
Copies of the agenda had been distributed by mail. The Clerk
requested that two additional items of New Business be added: set
dates for Spring Cleanup and consult with Gary Nicholson on
applications for employment in closed session.
MOVED BY COMM. MARSH, SECONDED BY COMM. PATTERSON, AND UNANIMOUSLY
CARRIED TO APPROVE THE AGENDA AS AMENDED.
III. Approval of Minutes.
Copies of the minutes of the March 21 Regular Board Meeting had been
distributed by mail.
MOVED BY COMM. DEWOLF, SECONDED BY COMM. MARSH, AND UNANIMOUSLY CARRIED
TO APPROVE THE MINUTES AS DISTRIBUTED.
IV. Public Comment Period.
The Mayor stated that this was the public comment period required by
law. There were no comments from the public.
V. Reports.
1. The Mayor reported that he and other officials
would be meeting the next day with Rep. Heath Shuler to discuss needs
of the area.
2. The Finance Committee agreed to meet at 5:00 p.m.
on April 17 to discuss the FY 07-08 budget.
Comm. Ross and Comm. DeWolf had met and evaluated proposals from
Camille Alberice, Sorin & Fisher, and Dungan Nequette for the Town
Hall architectural study. The Board agreed to place this matter
on the agenda of the April 18 meeting; the Clerk was asked to provide
copies of the proposals to each Commissioner.
Comm. Dewolf reported that work was progressing on the porte-cochere at
the Civic Center and the final painting of the Community Building.
3. Town Attorney Bill Coward was present but had no
report.
4. Each Board member had received a copy of the Town
Engineer/ Public Service Administrator's report for the month; Lamar
Nix was present to review the report. It was reported that the
sidewalk on Fifth Street had been completed.
Comm. Ross felt that when driveways for new businesses were
constructed, old curb cuts should be removed; it was agreed that an
amendment to the Zoning Ordinance would be drafted and sent to the
Planning Board for review.
5. Each Board member had received a copy of the
Police Chief's report for the month; Bill Harrell was present to review
the report. He informed the Board that the grant for the K-9 dog
had been denied. The Finance Committee agreed to discuss this at
its upcoming meeting.
6. Each Board member had received a copy of the
Recreation Director's written report for the month; Selwyn Chalker had
not been able to attend the meeting, but had attached the list of
recommended summer part-time employees for his Department.
MOVED BY COMM. PATTERSON, SECONDED BY COMM. DEWOLF, AND UNANIMOUSLY
CARRIED TO APPROVE THE PART-TIME EMPLOYEES.
7. Each Board member had received a copy of the
Interim Zoning Administrator's written report for the month,
accompanied by minutes of the Zoning Board minutes of March 14 and the
Planning Board meeting of March 26. Josh Ward, the new Planning
& Development Code Official, was also present; he had started work
the previous day.
8. Each Board member had received a copy of the
Treasurer's Report for the month.
MOVED BY COMM. JAMES, SECONDED BY COMM. PATTERSON, AND UNANIMOUSLY
CARRIED TO ACCEPT THE TREASURER'S REPORT.
9. The Town Administrator distributed copies of a
petition concerning ETJ in Horse Cove received from Luther Turner,
Kimberly Turner, John Flippen, and Barbara Flippen; copies of a letter
written to Macon County as requested at the previous meeting requesting
funding for the Town's School Resource Officer for FY 07-08; copies of
a letter to Macon County from the Recreation Committee requesting
$500,000 in Recreation Funding, plus an additional $50,000 for exercise
equipment, for FY 07-08; and a report from D. Brian Kruger on the
Riverwalk project.
VI. Old Business.
1. Each Board member had received a letter dated
March 27 from Robert Nass requesting clarification of Board action of
February 28 designating some of his property B-5; the letter indicated
that he had understood that three additional lots were to have been
designated B-5. Copies of the minutes of the February 28 meeting
were distributed, together with a map showing the lots in
question. The Board agreed by consensus that the intent was that
the additional lots were not part of the B-5 zoning and were to remain
residential.
2. The Town Administrator reported that the Planning
Board had reviewed a petition for re-zoning submitted by William and
Susanne Morris for property on NC-106. from R-1 to B-5; they had
recommended denying the petition, but instead zoning the property
B-4. Comm. Ross asked about the procedure; B-5 zoning had been
requested but B-4 recommended. He was told that Mr. Morris had
been at the meeting and had agreed to the B-4 zoning. Mr. Morris
was present and said that he preferred B-5 zoning but would accept B-4
zoning. Comm. Marsh pointed out that this property could be used
as a home occupation under the new amendment on the agenda later.
Mr. Morris said that the Jones property across the road had been zoned
B-5, but it was pointed out that only part of that property was
B-5. Comm. James said he thought this would set a precedent
whereby others would request the same thing.
MOVED BY COMM. MARSH, SECONDED BY COMM. JAMES, AND UNANIMOUSLY CARRIED
TO DENY THE PETITION FOR RE-ZONING.
VII. New Business.
1. Each Board member had received copies of the
clustering, equipment shed, and non-conforming use amendments to the
Zoning Ordinance, subject of the public hearing earlier in the
meeting. Comm. Patterson felt that a provision requiring that
open space remain natural and undisturbed should be included in the
clustering amendment, and in modifying the proposed provision the Town
Attorney noted some other ways to clarify the language.
MOVED BY COMM. JAMES, SECONDED BY COMM. DEWOLF, AND UNANIMOUSLY CARRIED
TO DEFER THIS ITEM UNTIL THE NEXT MEETING, AND FOR THE TOWN ATTORNEY
AND TOWN ADMINISTRATOR TO REVIEW THE CLUSTERING AMENDMENT IN THE
MEANTIME.
The amendment on equipment sheds had been reviewed and the Planning
Board had recommended approval.
MOVED BY COMM. ROSS, SECONDED BY COMM. MARSH, AND UNANIMOUSLY CARRIED
TO ADOPT THE AMENDMENT TO THE ZONING ORDINANCE (SEE BELOW).
The non-conforming use amendment had been reviewed and the Planning
Board had recommended approval.
MOVED BY COMM. ROSS, SECONDED BY COMM. PATTERSON, AND UNANIMOUSLY
CARRIED TO ADOPT THE AMENDMENT TO THE ZONING ORDINANCE (SEE BELOW).
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EQUIPMENT SHEDS
Add the highlighted words to Section 201.3(A)(2) and 215.3(A)(2) of the
Zoning Ordinance:
"(2) Any customary accessory outbuildings appurtenant to
single-family dwellings, including private garages and non-commercial
buildings such as greenhouses and workshops. Outbuildings for the
storage of tractors, lawnmowers, and similar equipment for the care or
cultivation of property may be constructed on vacant lots subject to
issuance of a Zoning Certificate. In addition, not more than one
camping trailer, motor home, or similar recreational vehicle may be
parked by any property owner on his own property, provided that it is
not occupied, not connected to any water, sewerage, or power supply,
and is parked within applicable setback lines. This provision
shall not apply to trailer parks, whether or not the property is being
used for a conforming or for a permissible non-conforming usE."
NON-CONFORMING USES
Replace Section 110(A) of the Zoning Ordinance with the following::
"(A) Non-conforming uses. The lawful use of any
building or premises at the time of the enactment of this Ordinance, or
immediately preceding any applicable amendment thereto, may be
continued even though the use does not conform with the provisions of
this Ordinance, under the following conditions.
(1) A non-conforming use may not have
its use changed to another non-conforming use.
(2) A non-conforming use may not be
re-established after its discontinuance for a period of twelve (12)
consecutive months. If the discontinuance of the use is caused by
damage from an unintentional fire or other natural disaster, then the
building in which the use is located may be repaired and/or
reconstructed and the use may thereby be re-established provided:
(a) Repair or
reconstruction is initiated within twelve (12) months and completed
within two (2) years of such damage. ?Initiated,? as used in this
section, shall mean the actual installation of building materials or
demolition in preparation for such installation. ?Initiated?
shall not include placement or storage of building materials,
surveying, or other activities in anticipation of or related to such
actual installation or demolition. ?Completed,? as used in this
section, shall mean the issuance of a Certificate of Compliance in
accordance with this Ordinance.
(b) The total built-upon
area may not be increased, nor the setbacks extended, beyond those of
the original building, except in conformance with this Ordinance.
(3) A non-conforming use may be
expanded, notwithstanding the foregoing provision, by an increase in
size of the building in which the use is located, or by extending the
use to an additional building or buildings on the same property, only
upon issuance of a Special Use Permit in accordance with this
Ordinance."
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2. Each Board member had received a copy of a
preliminary plat from McPhail Properties Inc. & The Stolz Companies
for a subdivision on the Smathers/Rainwater property on Hudson Road,
together with an application for a variance to be able to use the
existing driveway as the access road. The Town Administrator
reported that the grade, curve radius, and shoulder width for the road
did not meet subdivision road standards, but the Planning Board had
recommended approval, contingent on widening the curve so that vehicles
could pass without crossing into the other lane. The water,
sewer, and electrical plans had not yet been submitted for
approval. The Town Engineer said that a garbage truck had been
taken to the road and it had been determined that it could megotiate
the curve, and it was similar in wheelbase to emergency vehicles.
Comm. Ross commented that, as he had stated in earlier meetings, he
thought the Town's design criteria for roads for small subdivisions was
too strict; he would prefer narrower roads. Ray McPhail and Will
Stolz then reviewed the plat and the variance request in some detail;
the application had answered in writing the four criteria in Section
206 of the Subdivision Ordinance.
MOVED BY COMM. JAMES, SECONDED BY COMM. ROSS, AND UNANIMOUSLY CARRIED
TO APPROVE THE PRELIMINARY PLAT AS PRESENTED, CONTINGENT ON APPROVAL OF
WATER, SEWER, AND ELECTRICAL PLANS, AND TO GRANT THE VARIANCE REQUEST.
3. It was reported that the Planning Board had
completed work on a proposed amendment expanding the definition of home
occupations and permitting them in all residential zoning
districts. Comm. Marsh said that he would prefer that the
amendment apply only in the R-1-ETJ district; Comm. James said he had
understood that was all they were working on. The Board agreed by
consensus to defer consideration of the amendment until the April 18
meeting.
4. The Town Administrator reported that, according to
Section 303(E) of the Subdivision Ordinance, the preliminary plat for
Riverwalk Subdivision had expired on November 2, 2006. Billy
Clarke was present on behalf of Riverwalk LLC and said that, in
reliance of approval in 2005, the subdividers had proceeded with work;
he requested extension of the preliminary plat, and also requested that
the subdivision be phased. Seven phases were indicated by colored
markings on a plat which had been prepared by Reece, Hoopes, and
Fincher; a letter had been received from Bronce Pesterfield objecting
to the use of his plat. Comm. James said he thought that the main
road would have to be completed before phases could be approved because
the developers had agreed not to use Cullasaja Drive for access.
Mr. Clarke said that was correct, but he said that agreement had been
made before knowing about the location of the sewer force main and the
need to close the road intermittently when it could not be accessed
from US-64. Henry Lyngos, Project Superintendent, said that he
expected the main road to be completed in ten days. Billy Clarke
also said that he had met on site with Brian Kruger, Richard Betz, and
Scott Houston and discussed the two Notices of Violation issued for
soil erosion problems; all of the items in the NOVs had been addressed,
and an interim amended soil erosion plan had been submitted as
agreed. The Town Administrator verified that this was correct,
and said that there were no outstanding items in the NOVs that he had
issued; at the same time, an updated plan in permanent form would have
to be submitted. Mr. Clarke said that State Land Quality Section
official Mell Nevels had also inspected the site the previous week and
had made several suggestions; they had all been carried out. He
also said that a permit had been received from Division of Water
Quality approving restoration work in the central drainage
corridor. Mr. Clarke also requested that the Board set a hearing
for a subdivision setback variance in order to re-locate three houses
along Cullasaja Drive, and he briefly described the nature of that
variance using two drawings that had been prepared.
MOVED BY COMM. JAMES, SECONDED BY COMM. PATTERSON, AND UNANIMOUSLY
CARRIED TO APPROVE THE EXTENSION OF THE RIVERWALK SUBDIVISION
PRELIMINARY PLAT UNTIL NOVEMBER 5, 2007.
MOVED BY COMM. ROSS, SECONDED BY COMM. PATTERSON, AND UNANIMOUSLY
CARRIED TO SET A PUBLIC HEARING FOR THE REQUESTED VARIANCE FOR MAY 2.
Comm. Patterson asked about the expiration of the time period
permitting work to occur on weekends in violation of the Town's noise
regulations; the Town Administrator agreed to research the minutes and
report back.
5. The Town Administrator reported that a recent
increase in seating approved for Rib Shack restaurant by the Zoning
Board had resulted in re-counting of all of the parking spaces on the
property, revealing only 30 spaces for the valet parking; approval for
the two parking spaces on Main Street expired the next day and it had
been agreed that 40 spaces would be provided. The Board discussed
the matter at some length, and agreed that the ratio of parking per
valet spaces needed to be reviewed; in the meantime, consensus was that
approval should be extended.
MOVED BY COMM. JAMES, SECONDED BY COMM. ROSS, AND UNANIMOUSLY CARRIED
TO EXTENT THE VALET PARKING UNTIL DECEMBER.
6. Each Board member had received the proposed budget
for the Highlands Fire Department; the main features were two part-time
employees ($106,000 with benefits) and replacement of the 1990 rescue
vehicle ($300,000) in FY 07-08. The Town Administrator pointed
out that the proposed fire tax rate was 0.009, still the lowest in
Macon County.
MOVED BY COMM. PATTERSON, SECONDED BY COMM. DEWOLF, AND UNANIMOUSLY
CARRIED TO APPROVE THE BUDGET.
7. The Town Administrator said that three years ago
the Board had agreed to designate one of the weeks for the annual
Spring Cleanup as a week to instead clean streets in the downtown area;
he recommended doing so again. The Board agreed by consensus to
designate the week of May 21 as Spring Clean-up, and to have public
works employees clean the streets in the downtown area the week of
April 23.
8. MOVED BY COMM. MARSH, SECONDED BY COMM. PATTERSON,
AND UNANIMOUSLY CARRIED TO GO INTO CLOSED SESSION PURSUANT TO G. S.
§143-318.11(A)(6) TO CONSIDER APPLICATIONS FOR EMPLOYMENT, AND
PURSUANT TO G. S. §143-318.11(a)(3) TO CONSULT WITH THE TOWN
ATTORNEY ON LITIGATION. The Board, Town Administrator, and
Town Attorney adjourned to the adjoining conference room with
consultant Gary Nicholson.
A. The Board reviewed applications
for the position of Planning & Development Director with Gary
Nicholson.
B. The Board consulted with the
Town Attorney on the County ETJ lawsuit.
C. The Board consulted with the
Town Attorney on the Riverwalk litigation.
MOVED BY COMM. PATTERSON, SECONDED BY COMM. ROSS, AND UNANIMOUSLY
CARRIED TO GO INTO OPEN SESSION. The Board returned to the
meeting room.
VIII. MOVED BY COMM. PATTERSON, SECONDED BY COMM. MARSH, AND
UNANIMOUSLY CARRIED TO ADJOURN.
There being no further business to come before the Board, the meeting
was declared by the Mayor to be adjourned at 9:20 p.m.
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Richard Betz, Town Clerk