Town of Seven Devils

Planning Board Minutes

Regular Meeting

October 15, 2007

 

Call to Order

 

The meeting was called to order at 5:30 pm by Chairman David Hooper. Other members present were Members Loren Williams, George Ehlinger, Butch McLean, Mike Tarlton and Sarah Manning.  Absent and excused was Vice Chairman Bob Haugh.  Also present was Town Manager Brad Lambert and Zoning Administrator Don Fulkerson.  Town Clerk Karen Daniels recorded the minutes.

 

Adopt Agenda

 

Chairman Hooper requested a letter the Zoning Administrator had received regarding Non-livestock use on property zoned Recreation Business to be added as New Business Item B.   

 

Member Tarlton made a motion to adopt the agenda as amended.  Member Williams seconded the motion.  The members agreed unanimously.  

 

Approval of Minutes of September 17, 2007 Regular Meeting

 

Member McLean noted his name was misspelled in the September 17, 2007 minutes.  The Town Clerk was requested to make this correction.    Member McLean made a motion to approve the September 17, 2007 minutes as amended.  Member Williams seconded the motion.  The members agreed unanimously.             

 

Citizen Comments

 

None

 

Administrative Comments – Don Fulkerson

 

None

 

Old Business

 

  1. Storm Water Handling – Don Fulkerson – The Zoning Administrator presented a draft of a proposed amendment to the Zoning Ordinance Section 11.4.1.4 for the Boards consideration.  The Board then reviewed the proposed amendment and agreed the amendment should read as follows:

 

11.4.1.4           Single Family Dwellings

                        The Town Engineer will evaluate each lot when a single family dwelling                             has been permitted for the purpose of developing a written plan for                           drainage and storm water management.  The owner/contractor is                                              responsible for implementing the plan.

 

Further the Planning Board recommends:  A grading permit be required for each single family home to pay for the engineer's plan.

 

Member McLean made a motion to recommend the Town Council adopt Amendment 11.4.1.4 to the Zoning Ordinance.   Member Manning seconded the motion.  The members agreed unanimously. – CLOSED -

 

  1. Discussion and possible action on Zoning for High Quality Water Area (HQW) within a mile of the Watauga River – Bob Haugh – Chairman Hooper said Vice Chairman Haugh is out of town but he has it lined up for Corey Basinger from the North Carolina Division of Water Quality (DENR)  to come to Town Hall and discuss this  subject on October 18th at 10:00 a.m.  He suggested recessing this meeting until that time.  - OPEN –

 

  1. Committee Report – Recreation Plan for Seven Devils – Loren Williams – Member Williams stated we welcomed our new members and had a very good meeting.  Some items focused on were carrying out a survey of town residents to find their interest in recreational activities in the town and to tap into the expertise which has been offered to us by the ASU Recreational Management Group.  Loren estimated the survey would cost about $1000.00 ($500 for mailings and something for the students); Carol Isquith suggested asking the Tourism Development Authority and Loren agreed to send a memo to Bill Wilkinson.  We reviewed the First ROUGH ROUGH ROUGH Draft of What a Recreation Plan Might Look Like focusing on the VENUE section.  As we reviewed each item, volunteers were solicited to obtain and bring back the requested information before our November 19th meeting. – OPEN -

 

  1. Discussion and Possible Action – Tree Triming Section of the Zoning Ordinance possible changes from the Board of Adjustment – Chairman Hooper said, "At the last meeting my charge was to check with the Town Attorney and see if he had any comments on this from an attorney's point of view.  I sent the Town Attorney an e-mail and mentioned the four areas we had talked about:  1) the size of the fine; 2) possibility of requiring replacement of trees verses a fine; 3) not allowing tree trimming on weekends and 4) requiring tree cutters to be insured."  Chairman Hooper then read this response from the Town Attorney.  "David, the only one of your 4 (four) that I would change is the size of the fine.  I would be glad to discuss individual merits of each change but people would probably opt for replacement.  I can not think of a reason to limit cutting to weekdays except for Don or town employees to be present.  Enforcing cutters to have insurance would be difficult."  Discussion followed among the Board regarding requiring a licensed arborist.  Cathy Copley said, "The Mayor and I had an opportunity to sit down with Chief Davis regarding the weekend cutting and Chief Davis is looking into some minor adjustments to the Ordinance that would make it possible for him to enforce the Ordinance just as the Zoning Administrator can currently enforce it. So they would have the power to stop the work immediately until a judge could review it on a weekday.  Another thing that Chief Davis suggested is for the Zoning Administrator to run  copies of the permit so the Police, Owner, and Tree Cutter all have copies in their hands"  After discussion the Board agreed to wait until they hear from the Town Council.  – OPEN -    

 

New Business

 

  1. Discussion and Possible Action – What can the Planning Board do to create team work with the Town and Hawksnest  - All -  Chairman Hooper stated this is an item that Lenny Cottom brought up at the last meeting and requested it be put on the agenda.  There was discussion of the dredging of the ponds at Hawksnest and concerned citizens asking people to investigate.  It was suggested Hawksnest let the Town know in advance of such activity and the possibility of the TDA publishing a newsletter related to town businesses or articles being published in the Echo was discussed.  Vance Duggan stated keeping people informed would be a benefit to prevent the State being called and prompting unnecessary investigations.  A lengthy discussion followed regarding how the town and Hawksnest could work together in harmony.  Chairman Hooper asked the Zoning Administrator for his comments.  The Zoning Administrator said, "For this Board to do anything we have to get specific.  This Board can make recommendations to change our regulations and I feel that is what Lenny, people on this Board and maybe others in this town are looking for.    I would hate to see the Boards hands tied because a Recreation Commission is not formed for a year.  This board has responsibilities and duties that need to be carried on as best we can without a Recreation Commission."  Member Ehlinger suggested Lenny get an individual independent of Hawksnest and the town to do a plan that works for all the property owners and fits into the Vision Statement and Land Use Plan.  The Board discussed reviewing the Land Use Plan now instead of waiting for it to come up for review.  The Zoning Administrator stated, "It seemed the parking lot was a problem for the Board of Adjustment so another location for the parking lot that would be agreeable for the town would seem to be a good place to start and would be a significant change in the plan."  He said, "From a private industries point of view the town could look at permitted uses.  Like Lenny suggested, making tubing a permitted use in the Table 5.1.  It seems like there is potential for the town to work on changes while the Cottoms' are working on changes in their plans."  

 

Chairman Hooper made a motion that he and the Zoning Administrator get together to discuss the permitted uses table and zoning regulations to see what changes may be appropriate.  Member Ehlinger seconded the motion.  The members agreed unanimously.

   

Non-livestock use on property zoned Recreation Business – The Zoning Administrator explained in Table 5.1 in the Recreational Business District non-livestock agricultural uses are not permitted.  He said he had received a complaint from a citizen that the harvesting of the hay was a non-livestock agricultural use and it is not permitted.  He explained this could be rendered by giving a (P) in the permitted use table.  The Zoning Administrator explained this would make it farm land and you could grow anything cabbage, peanuts, shrubbery, etc.  After discussion the Board felt this would be expanding the use too much.  The Zoning Administrator then suggested putting and * (asterisk) where it is not permitted and adding a statement "This does not apply to harvesting hay – which is allowed."  The Board then agreed the recommendation to the Town Council should read as follows:

 

Recommendation:  The Planning Board recommends the Zoning Ordinance Table 5.1 – Table of Permitted Uses be modified to allow harvesting of hay in areas zoned Recreation Business.  This could be done by putting an * (asterisk) in the line for Agricultural Uses – Non-livestock, greenhouses, and adding a "statement at the bottom "This does not apply to harvesting hay – which is allowed."     

 

Member Ehlinger made a motion to recommend to the Town Council Table 5.1 – Table of Permitted Uses of the Zoning Ordinance be amended.  Member Williams seconded the motion.  The motion carried five (5) to one (1). – CLOSED -    

 

Board Member Comments

 

Member Manning passed out a sheet to the Board for their consideration on redefining zoning districts.

 

Recess

 

At 6:56 pm, Member Manning made a motion that the Planning Board recess until Thursday, October 18, 2007 at 10:00 a.m.  Member Williams seconded the motion.  The members agreed unanimously.

 

 

 

 

 

Town of Seven Devils

Planning Board Minutes

Continuation Meeting

October 18, 2007

 

The Town of Seven Devils reconvened at 10:00 am on Thursday, October 18th at Town Hall.  Members present were Vice Chairman Bob Haugh, Loren Williams, George Ehlinger, Butch McLean, and Sarah Manning.  Absent and excused was member Mike Tarlton.  Also present was Zoning Administrator Don Fulkerson.  Town Clerk Karen Daniels recorded the minutes.

 

Vice Chairman Haugh welcomed and introduced Corey Basinger from the North Carolina Department of Water Quality (DENR).  He explained Corey is present to give Seven Devils some insight into how High Quality Water may impact Seven Devils and how to get our Ordinances requirements in line with the State requirements.  Corey presented a map of the High Quality Water area prepared by the North Carolina Center for Geographic Information & Analysis.  Corey explained the consequences of High Quality Water area, State regulations, the Universal Storm Water Program and answered Board questions. 

 

At 11:10 a.m. Vice Chairman Haugh made a motion to adjourn.  Member Williams seconded the motion.  The members agreed unanimously.

 

 

 

 

 

______________________                            ____________________________

David Hooper, Chairman                                Karen E. Daniels, Town Clerk