SPECIAL BOARD MEETING of March 24, 2008, with Mayor Don Mullen and
Comms. Amy Patterson, Hank Ross, John Dotson, Larry Rogers, and Dennis
DeWolf present.
Also present were Griffin Bell, Ginger Slaughter, Pat Taylor, Thomas
Craig, Linda Clark, Ricky Bryson, Mike Bryson, Richard Betz, Joe
Cooley, Josh Ward, Geoff Slade, Eric NeSmith, Allan Shultz, Charles
Simmerson, Jerry Moore, Jimmy Strahan, Ellen Westnedge, Bill & Nell
Martin, Tom Clark, Janet Avery, and others.
I. Call to Order.
The Mayor called the Special Board Meeting to order at 7:00 p.m. and
stated that the purpose of the meeting was to discuss Land Use
Priorities, as well as Outdoor Display of Merchandise and Restaurant
Parking, with members of the Planning Board. Both Boards gathered
around the table together.
II. Business.
1. The Mayor said that before the joint meeting
began, there were two items of Town Board business to discuss.
Charles Simmerson was present on behalf of Towne Place, a multi-family
development approved pursuant to a Conditional Use Re-Zoning on the
Werder property on February 15, 2006. As discussed at the
previous meeting, the sidewalk approved for the project was under
construction, and questions had been raised about parking along the
south side of Hickory Street used for the Town Ball Park. Mr.
Simmerson submitted a drawing showing five parallel parking spaces
between US-64 and the driveway to the development, with a sidewalk
behind the spaces, which he had agreed to install instead of the
curb-and-gutter and sidewalk in the original approved plan; the
rhododendron screening would be maintained.
MOVED BY COMM. ROSS, SECONDED BY COMM. ROGERS, AND UNANIMOUSLY CARRIED
TO APPROVE THE AMENDMENT OF THE CONDITIONAL USE RE-ZONING PURSUANT TO
THE PLAN.
The Mayor pointed out that no second was required for small boards like
the Board of Commissioners when taking action.
MOVED BY COMM. ROSS, SECONDED BY COMM. DOTSON, AND UNANIMOUSLY CARRIED
TO KEEP THE PROCEDURE FOR MAKING SECONDS AS IT IS.
2. Comms. Patterson and Rogers had reviewed the
proposed changes to the Performing Arts Center parking lot with the
Town Engineer, as discussed at the previous meeting. Comm. Rogers
said he liked the plan; it would provide both street parking, PAC
parking, and a small rain garden extension, and the cost would be
between $15,000 and $18,000, most of the working being down by Town
crews.
MOVED BY COMM. ROGERS, SECONDED BY COMM. ROSS, AND UNANIMOUSLY CARRIED
TO APPROVE THE PROJECT.
3. The Mayor said that the Board had received many
public comments at the March 12 meeting questioning the adoption of an
amendment of the Zoning Ordinance on February 6 prohibiting outdoor
display of merchandise except for produce, firewood, fertilizers, and
garden plants, and had agreed to discuss it with the Planning
Board. Both Boards then engaged in a wide-ranging discussion on
the issue. Ricky Bryson said he had no problem with such displays
on private property. Pat Taylor agreed, provided merchandise did
not block sidewalk; he said it was in the tradition of arts and crafts
displays. Mike Bryson asked about the gravel being stored at his
business, and thought that items such as birdhouses looked
attractive. Comm. Dotson asked if the Town should permit
everything, if it should accommodate the lowest common
denominator. Comm. Patterson asked how the Town could regulate
good taste. Griffin Bell suggested that the Appearance Commission
be given the authority to approve outdoor display on a case-by-case
basis. Ginger Slaughter pointed out that sidewalks were narrow in
the downtown area and not suited for outdoor display. Comm.
Rogers thought that merchants needed to make money to pay taxes in
order to keep the Town alive. Mayor Mullen said he did not see
why displays on private sidewalks, such as in front of Scudders or
Dutchmans, could not be allowed. Comm. Ross said that he had done
some research that found that most municipalities did not prohibit
merchandise, but many regulated display; he thought that neither Board
had come up with an amendment that satisfied all of the concerns.
Thomas Craig asked why an amendment could not be drafted that would
identify what is not permitted, rather than what is permitted.
The Mayor suggested going back to the drawing board. Planning
Director Joe Cooley said that whatever was drafted needed to be
enforceable.
MOVED BY COMM. ROGERS, SECONDED BY COMM. ROSS, TO PERMIT OUTDOOR
DISPLAY OF MERCHANDISE ON PRIVATE PROPERTY. Comm. Ross suggested
adding language drafted by the Planning Director which regulated the
outdoor display, and Comm. Rogers agreed. The motion did not
carry; Comms. Rogers and Ross voted "aye," and Comms. Patterson,
Dotson, and DeWolf voted "nay."
Ricky Bryson asked where he could go for relief; he intended to display
lawn mowers on the front porch of his business as he had for more than
30 years, and he wondered if the Town would enforce the
prohibition. Comm. Dotson thought the Board should deal
specifically with merchandise in the ETJ area.
MOVED BY COMM. DOTSON, SECONDED BY COMM. PATTERSON, AND CARRIED, THAT
BUSINESSES IN THE B-5 DISTRICT BE EXEMPTED FROM THE PROVISION
PROHIBITING OUTDOOR DISPLAY OF MERCHANDISE. Comms. Dotson,
Patterson, and Rogers voted "aye," and Comms. Ross and DeWolf voted
"nay."
MOVED BY COMM. ROSS, SECONDED BY COMM. ROGERS, AND UNANIMOUSLY CARRIED
TO SEND THE ISSUE BACK TO THE PLANNING BOARD FOR REVIEW.
MOVED BY COMM. DOTSON, SECONDED BY COMM. PATTERSON, AND CARRIED, TO SET
A PUBLIC HEARING FOR APRIL 16 TO CONSIDER AMENDING THE ZONING ORDINANCE
TO EXEMPT BUSINESSES IN THE B-5 DISTRICT FROM THE PROVISION PROHIBITING
OUTDOOR DISPLAY OF MERCHANDISE. Comms. Dotson, Patterson, and
Rogers voted "aye," and Comms. Ross and DeWolf voted "nay."
4. The Board then engaged in another wide-ranging
discussion
on the issue of parking for restaurants. The Planning Director
explained that the Planning Board had taken a broad look at the issue,
initially referred to it by the Town Board, in a version they had
recommended. The Land Use Committee subsequently met and focused
more on parking for restaurants specifically and only adjacent parking
pending completion of a parking study. Pat Taylor expressed
concern over the need for better communication and clarification of the
roles of the Land Use Committee and Planning Board in making
recommendations. Mr. Cooley said he saw the former as a sounding
board for recommendations to staff; the time urgency in this case had
pushed the process along a little faster than usual. Comm. Ross
agreed; he felt the Committee should be meeting with the Planning
Director prior to Planning Board review rather than after.
Griffin Bell said he did not think it was a good idea to rush to
judgement because of one business. Mr. Cooley agreed, but pointed
out that it was common to provide some credit for public parking in
mixed use areas. He thought that setting a cap of 12 spaces, or
36 seats in the case of restaurants, could limit the concern of
"building creep" raised by the Land Use Committee and provide a
reasonable solution for now. The Mayor suggested that the parking
requirement be set at one space per four seats, rather than
three. Comm. Patterson suggested that employees could park
off-site, and also that an amendment apply only to existing restaurants
or buildings. After some additional discussion, Mr. Cooley
distributed copies of a rough draft of an amendment which he
recommended adopting, providing for credit for parking within 300 feet
of a business, dual use of parking spaces, and a cap of 12 spaces,
applicable in the B-2 and B-3 districts.
MOVED BY COMM. ROSS, SECONDED BY COMM. DEWOLF, AND UNANIMOUSLY CARRIED
TO ADOPT THE RECOMMENDATION OF THE PLANNING DIRECTOR, AND TO SET A
PUBLIC HEARING FOR APRIL 16 TO CONSIDER AMENDING THE ZONING ORDINANCE
ACCORDINGLY.
5. The Mayor suggested deferring discussion of Land
Use Priorities until another time because of the late hour.
Comm. DeWolf expressed his appreciation for the deliberations of the
Planning Board and said he hoped they could continue to communicate.
III. MOVED BY COMM. ROGERS TO ADJOURN.
There being no further business to come before the Board, the meeting
was declared by the Mayor to be adjourned at 9:15 p.m.
________________________________
Richard Betz, Town Clerk