REGULAR BOARD MEETING of April 16, 2008, with Mayor Don Mullen and
Comms. Amy Patterson, Hank Ross, Dennis DeWolf, Larry Rogers, and John
Dotson present.
Also present were Richard Betz, Lamar Nix, Joe Cooley, Josh Ward, Alan
Marsh, Marlene Alvarez, Nancy Hart, Debbie Grossman, Kim Lewicki, Jim
Lewicki, Melody Spurney, Allan Schultz, Thomas Craig, Rick Siegel,
Patricia Bolinger, Jerry Moore, Hillrie Quin, Carter & Nancy Bruns,
and others.
A. PUBLIC HEARING.
The Mayor called the public hearing to order and stated that the
purpose was to hear comments from the public on a proposed amendment to
the Zoning Ordinance permitting use of adjacent street and dual use
parking for restaurants, and exempting the
B-5 district from the outdoor display of merchandise prohibition.
The Town Administrator noted that two letters had been received in
opposition to the proposal, from Allan Schultz and L. A. Lard.
The Mayor then asked for comments from the public.
Rick Siegel spoke in favor of the parking proposal; he hoped the Board
would make some accommodations for restaurants so that the season could
be expanded.
Thomas Craig, member of the Planning Board, spoke in favor of the
proposal.
Debbie Grossman, restaurant owner and resident, spoke in favor of the
proposal; she thought the Town needed to support businesses and work
together with them long-term if it wanted to grow.
Patricia Bolinger, resident, spoke in favor; she thought it was OK to
walk to restaurants and noted that there was plenty of parking in Town.
Jerry Moore spoke in favor of the proposal on behalf of the Highlands
Chamber of Commerce; it seemed reasonable to use public parking areas
and encourage walking.
Allan Schultz said he felt the issue was who is providing the parking;
the last estimate for re-surfacing Wright Square's parking was $40,000,
paid for by the owners of that property. He thought that changing
the rules for one restaurant provided an unfair advantage.
Marlene Alvarez, owner of On the Verandah, pointed out that she had
spent $100,000 on her parking lot, but she nevertheless felt that, in
order for the Town to grow in a sustainable fashion, the rules could
and should change for restaurants in walking distance to public parking.
Debbie Grossman also felt that the times were changing, and some of the
existing rules were antiquated; she felt that all businesses should
work together and support one another.
On the issue of the B-5 exemption for outdoor display of merchandise,
Jerry Moore felt that the Board should tread carefully; he was in favor
of outdoor display of merchandise on private property, but felt it was
unfair to treat B-5 in a different way from other districts. He
wondered what the major concern was.
B. REGULAR BOARD MEETING.
I. Call to Order.
The Mayor called the Regular Board Meeting to order at 7:00 p.m.
II. Approval of Agenda.
Copies of the agenda had been distributed by mail.
MOVED BY COMM. PATTERSON, SECONDED BY COMM. ROGERS, AND UNANIMOUSLY
CARRIED TO APPROVE THE AGENDA AS DISTRIBUTED.
III. Approval of Minutes.
Copies of the minutes of the April 1 Special Board Meeting had been
distributed by mail.
MOVED BY COMM. ROSS, SECONDED BY COMM. DEWOLF, AND UNANIMOUSLY CARRIED
TO APPROVE THE MINUTES AS DISTRIBUTED.
Copies of the minutes of the April 2 Regular Board Meeting had been
distributed by mail.
MOVED BY COMM. ROSS, SECONDED BY COMM. ROGERS, AND UNANIMOUSLY CARRIED
TO APPROVE THE MINUTES AS DISTRIBUTED.
IV. Reports.
1. Comm. Dotson said that he and Comm. Rogers had
attended the County Commissioners meeting and there seemed to be some
interest in helping to find funds for the Hudson Library expansion.
2. The Town Administrator reported that the Fire
Department had been inspected by the State Fire Marshall, and had
retained its rating of nine inside Town and five outside. He also
distributed copies of a memo from the Planning Director concerning a
parking study; the estimated cost was $25,000 to $40,000. Comm.
Ross said that he was more interested in traffic circulation as relates
to parking. The Board agreed for Mr. Cooley to get more
information by the next meeting. The Town Administrator also said
that Sen. Snow had reported that the additional funds had been approved
by the Board of Transportation for the paving of Hickory Hill Road,
Cullasaja Drive, and Chowan Drive. Right-of-way had not been
conveyed by three property owners along Wyanoak Drive, however;
therfore that project, approved in 2006 contingent on acquisition of
right-of-way, could not proceed. Comm. Rogers asked that the Town
Attorney provide his opinion on whether or not the Town could pave this
private road without conveyance of right-of-way. The Town
Administrator also reported that the County Fire Marshall was requiring
a County permit for the Fourth of July fireworks display; the Statute
permitted the County to delegate this authority to municipalities, and
he understood the Chamber of Commerce would be requesting the County to
do that at the May meeting. Finally, he said that the Recreation
Director had reported that the exercise equipment should arrive next
week.
V. Old Business.
1. The Board again discussed a letter from McGavran
Engineering and a memo from the Town Administrator. He said that
the McGavran "audit" had cost $22,670, and only 700 additional poles
had been inventoried, approximately 25% of the total. GIS/IT
Technician Matt Shuler had already done 700 before McGavran had
interfered with the process and was prepared to complete the
inventory. He said that in his opinion the Town had wasted the
$45,000 it had spent in all on McGavran Engineering, and he considered
the contract terminated. Comms. Dotson and Patterson asked if
McGavran was obligated to complete its contract, and the Town
Administrator agreed to ask the Town Attorney this question.
VI. New Business.
1. The Board again discussed at length the parking
proposals for restaurants. Comm. Ross felt that the parking
regulations needed revision, but that the proposal seemed overly
complicated; he thought the Town should consider changing the seat per
space ratio to 4:1. Comm. DeWolf favored the proposal because it
reduced the amount of impervious areas, but he agreed that the 4:1
ratio ought to be studied. Comm. Dotson also felt that 4:1 made
more sense, and he was concerned over several restaurants "owning"
public parking.
MOVED BY COMM. DOTSON, SECONDED BY COMM. ROSS, TO TABLE THE CURRENT
PROPOSAL, AND ASK THE PLANNING DIRECTOR TO LOOK INTO CHANGING THE SEAT
PER SPACE RATIO, WITH EVERYTHING ELSE ON HOLD IN THE MEANTIME.
The motion failed, with Comms. Dotson and Ross voting "aye," and Comms.
Patterson, Rogers, and Dewolf voting "nay."
Nancy Bruns, owner of Wild Thyme, said that if the Board delayed, they
would be forced to close their businesses because the season was right
around the corner.
MOVED BY COMM. ROGERS, SECONDED BY COMM. DEWOLF, AND UNANIMOUSLY
CARRIED TO ADOPT THE PROPOSED AMENDMENTS AS A STOP-GAP MEASURE, WITH
THE POSSIBILITY THAT IT MIGHT BE CHANGED AFTER A PARKING STUDY.
The motion carried, with Comms. Rogers, DeWolf, and Patterson voting
"aye," and Comms. Dotson and Ross voting "nay." The
amendment is as follows:
*
* *
Section 305. Use of Public On-Street Parking by Restaurants
Section 305.1 Purpose.
The Town of Highlands finds that the use of public on-street parking
and dual-use parking by restaurants in the B-2 and B-3 zoning districts
is an efficient method of meeting the unique parking needs of the
Town's restaurants. The Town of Highlands further finds that the
regulation of such parking as set forth in this Section will promote
the public, health, safety and welfare of all of the people of the Town
of Highlands.
Section 305.2 Definitions.
The following definitions shall apply only to the provisions of Section
305 of this Ordinance:
(A) "Public Parking Space". Any parking space, not governed
by hourly parking restrictions, which is located on a public street and
duly marked by the Town of Highlands for public parking, located within
300 feet from the restaurant's main entrance, as measured by the
shortest walking distance along existing sidewalks and designated
crosswalks.
(B) "Dual-use Parking Space". Any parking space that is shared by
a restaurant and one or more other existing use(s), which is located no
more than 500 feet from the restaurant's main entrance, as measured by
the shortest walking distance along existing sidewalks and designated
crosswalks, and which is not separated from the restaurant by NC 106 or
US 64, unless a marked and signalized crosswalk is provided for safe
pedestrian access.
Section 305.3 General Regulations.
(A) Public Parking Spaces and Dual-Use Parking Spaces may be used to
increase the number of seats allowed for restaurants only in the B-2
and B-3 zoning districts, and only upon full compliance with the
provisions of Section 305 of the Zoning Ordinance of the Town of
Highlands.
(B) Restaurants shall be limited to the use of a combined total of
twelve (12) parking spaces, in any combination, of Public Parking
Spaces and Dual-Use Parking Spaces, for the purposes set forth in this
Section 305.
(C) A maximum of three (3) additional seats will be allowed for each
Public Parking Space and each Dual-Use Parking Space.
(D) Public Parking Spaces shall continue to be available for
unrestricted use by the public unrelated to restaurant purposes and no
restaurant shall be allowed to limit or attempt to limit the use of any
Public Parking Space to its customers, employees, visitors, or vendors.
(E) This Section shall not be construed to increase the maximum number
of seats allowed for any restaurant under applicable building and fire
safety codes.
(F) Before any restaurant is allowed additional seats under this
Section, it shall first submit an application in a format specified by
the Planning and Development Department and receive written approval of
such application by the Zoning Administrator.
(G) Along with the applications required pursuant to this Section, each
restaurant shall submit an application for an amended special use
permit under Section 501. No application under this Section shall
be granted unless and until the restaurant applies for and obtains an
amended special use permit.
Section 305.4 Public Parking Spaces Allowed for Restaurants Under
Certain Conditions.
Upon approval of the application required under this Section,
restaurants shall be allowed to increase seating as set forth in this
Section.
(A) An application for the use of Public Parking Spaces for the
purposes of this Section shall contain at least the following
information:
(1) A survey or site plan drawn to a scale of not less than 1:30, and
showing or containing the following information:
(a) the floorplan of the restaurant, showing existing and proposed
seating areas (both indoor and outdoor);
(b) a notation of the existing square feet of the interior area of the
restaurant;
(c) adjacent street names;
(d) existing parking (both public and private);
(e) location of Public Parking Spaces requested to be utilized;
(f) identification of land uses of adjacent properties;
(g) the Macon County property identification number of the restaurant
parcel;
(h) the street address of the restaurant;
(2) A statement of the number of employees on the restaurant's largest
shift.
(3) Any other related information requested by the Zoning Administrator
shall be supplied by the applicant as part of the application.
(B) If the restaurant is located in a shopping center or unified
development, the following additional information shall be provided
with the Public Parking Spaces application and shown on the site plan:
(1) the location of all common
parking areas;
(2) the total number of common
parking spaces;
(3) the location of all parking
spaces in the common parking area that are allocated to the restaurant;
(4) the number of parking spaces in
the common parking area that are
allocated to the restaurant;
(5) the area, in square feet, of
all other uses in the shopping center;
(6) the parking requirements of all
other uses in the shopping center.
(C) The Town reserves the right to move, eliminate and alter, in its
sole discretion, any Public Parking Spaces, regardless of the
existence of any pending or approved applications under this
Section. If any Public Parking Space previously designated under
this Section becomes unavailable to a restaurant, the allowable seating
in the restaurant shall be reduced at the ratio of three (3) seats for
every one (1) Public Parking Space lost. No vested rights shall
be acquired by any restaurant under this Section.
Section 305.5 Dual-Use Parking Spaces for Restaurants.
Upon approval of the application required under this Section,
restaurants shall be allowed to increase seating as set forth in this
Section.
(A) An application for the use of Dual-Use Parking Spaces shall contain
the following:
(1) A parking study prepared by the applicant, at the applicant's
expense, which shall contain the following information:
(a) A site plan, to scale, showing the location of the following:
(b) all parking spaces on the property owned by the restaurant;
(c) all parking spaces to be designated as Dual-Use Parking Spaces;
(d) the schedule when the Dual-Use Parking Spaces will be used; and
(e) all Public Parking Spaces, as defined herein, whether or not such
Public Parking Spaces are the subject of an application under this
Section.
(2) A statement, with supporting information, showing that the sharing
of the Dual-Use Parking Spaces will not result in conflicting or
overlapping usage
of the parking facilities.
(3) A lease, for a term of at least 10 years, between the owner of the
real property where the restaurant is located and the owner of the
property where the proposed Dual-Use Parking Space is located, allowing
for parking under the provisions of this Section, and providing for
termination upon changes in schedules of use (by lessor or lessee) such
that there is substantial conflicting or overlapping usage; and
(4) Any other related information deemed necessary by the Planning
Director.
(B) In the event of a termination, for any reason, of the lease
required for herein, the approval of the restaurant's application shall
be suspended, and the restaurant shall be required to show, within 30
days, that it has, under this Section or otherwise, parking spaces
sufficient for the number of seats under the generally applicable
parking regulations. This showing can be made by the restaurant's
reduction in the number of seats. Failure of the restaurant to
make such showing shall result in a revocation of the restaurant's
zoning certificate.
(C) All Dual-Use Parking Spaces will be clearly marked with appropriate
signage to indicate the times that parking is allowed for the
restaurant.
*
* *
Section 304.B: Add to Section 304(B): "except as permitted
under Section 305 of this Ordinance."
*
* *
Joe Cooley pointed out that exempting businesses in the B-5 district
from the outdoor display of merchandise provisions could allow
unlimited display in those areas.
MOVED BY COMM. PATTERSON, SECONDED BY COMM. DEWOLF, AND UNANIMOUSLY
CARRIED TO TABLE THE PROPOSED AMENDMENT UNTIL THE PLANNING BOARD HAD
REVIEWED IT.
2. Hillrie Quin was present representing the
Greenways Committee; he requested $561 for the printing of brochures
and up to $1500 for construction of a section of Rhododendron Trail on
Big Bearpen. Funds had been budgeted in FY 07-08.
MOVED BY COMM. ROSS, SECONDED BY COMM. PATTERSON, AND UNANIMOUSLY
CARRIED TO APPROVE THE REQUEST.
3. Doug Landwehr was present to request that the Town
adopt an ordinance designating Highlands a bird sanctuary. He
said that such an ordinance would make it unlawful for anyone to kill
or harm any wild birds unless officially designated as pests; the
ordinance would be delivered to the D.O.T. and signs would be erected
at the Town limits. He said that habitat in Highlands is crucial
to the survival of many songbirds, and that the plateau had received a
designation as an important bird area. He also said that a
birding trail, which had been shown to promote ecotourism amounting to
$2.4 million in North Carolina last year, included five sites in and
around Highlands.
MOVED BY COMM. PATTERSON, SECONDED BY COMM. DEWOLF, AND UNANIMOUSLY
CARRIED TO ASK THE TOWN ATTORNEY TO DRAFT SUCH AN ORDINANCE FOR THE MAY
7 MEETING.
4. The Mayor said that the Board had been discussing
a personnel and salary study conducted by the MAPS group in 2006 for
some time; an Organizational Review Committee had been appointed
consisting of Comms. Ross and Patterson. Comm. Ross then reported
that the Board had consulted with Becky Veazey, president of the MAPS
group, concerning changing the form of government to a Manager Council
form. Ms. Veazey had said that such a decision should be based on
the number of services a municipality provided, the number of employees
(generally more than 25), and the growth in the community. He
felt that the Town was besieged with growth and was unable to make good
decisions. Ms. Veazey recommended going to a Manager Council form
of government. Comm. Rogers said that the change would not affect
any jobs; everything would remain the same except for job titles, and
the organizational structure would remain the same. The Town
Administrator asked if this would be a new position; Comm. Rogers felt
that the structure might change some, but not the people - nobody would
lose his job. Comm. Patterson said that Board members were not
professional managers; she felt the Town deserved a trained
professional. Comm. Dotson said he thought the change would also
give department heads some tools to work with. The Mayor pointed
out that the change was a big step and would involve amendment of the
charter; the Town could not revert to the old form of government for a
period of two years. Ms. Veazey had recommended that an
administrator could handle things until the charter was changed.
MOVED BY COMM. PATTERSON, SECONDED BY COMM. DOTSON, AND UNANIMOUSLY
CARRIED TO ASK THE TOWN ATTORNEY TO INITIATE THE PROCESS OF AMENDING
THE CHARTER.
5. The Board authorized the Town Engineer to
advertize for paving bids.
6. Marlene Alvarez requested, on behalf of the
Chamber of Commerce, permission to use Pine Street park for the
Culinary event on November 13 through 16, and permission to close Pine
Street from 3:00 to 12:00 p.m. on the 13th. Comm. Ross asked if
the tent could be erected in the street instead of on the park, and she
offered to look into that possibility.
MOVED BY COMM. PATTERSON, SECONDED BY COMM. ROSS, AND UNANIMOUSLY
CARRIED TO APPROVE THE EVENT.
7. Comm. Ross scheduled a meeting of the Public Works
Committee for Wednesday, April 30, at 8:00 a.m. to discuss public works
projects for the upcoming budget.
VII. MOVED BY COMM. PATTERSON, SECONDED BY COMM. ROGERS, 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 8:50 p.m.
________________________________
Richard Betz, Town Clerk