Town of Seven Devils

Planning Board Minutes

August 20, 2007

 

 

 

Call to Order

 

The meeting was called to order at 5:31 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

 

Member Manning made a motion to adopt the agenda.  Member Tarlton seconded the motion.  The members agreed unanimously.  

 

Approval of Minutes of July 16, 2007 Regular Meeting

 

Member Williams made a motion to approve the July 16, 2007 minutes.  Member Ehlinger seconded the motion.  The members agreed unanimously.       

 

Citizen Comments

 

None

 

Administrative Comments – Don Fulkerson

 

The Zoning Administrator stated, "I just received a phone call from the Surveyor representing the Subdivision at Nettles Knob and he is in a County Commissioners meeting in Ashville.  He requested I postpone his agenda item until next month."

 

Chairman Hooper noted Agenda Item VIII-B (Recommendation for Nettles Knob Preliminary Plat Approval) would be postponed until next month. 

 

Old Business

 

  1. Discussion and possible action on Zoning for High Quality Water Area (HQW) within a mile of the Watauga River – Bob Haugh – Chairman Hooper postponed this Agenda Item in lieu of the absence of Vice Chairman Haugh until the September 17, 2007 Planning Board meeting.  - OPEN –

 

 

  1. Creating a Recreation Plan for Seven Devils – Loren Williams – Member Williams stated, "At the last Town Council meeting on August 13th, the Town Council approved the Planning Board to appoint a committee with members from the Planning Board and others as needed to prepare a Recreation Plan for the Town of Seven Devils.  I have a committee to suggest.  The committee would include me, Sarah Manning, Butch McLean and Mike Tarlton." 

 

Kathy Copley asked, "Have you considered having members of the community at large."  Member Williams responded, "Yes, after we get organized."

 

Member Williams made a motion to appoint the four above mentioned to the Recreation Committee.  Member Ehlinger seconded the motion.  The members agreed unanimously.

 

Chairman Hooper stated, "We have seven members on the Planning Board.  Four (4) members create a majority of the Planning Board and that makes a Planning Board meeting.  This creates a problem.  I think the easiest way to handle this is for one Planning Board member to drop off the Committee."  Discussion followed regarding the number of Planning Board members legally allowed on the Recreation Committee.  Member Williams suggested it be left up to the Zoning Administrator and Town Manager to determine how the meetings can be legally scheduled. - CLOSED -      

 

  1. Committee Report – Storm Water Handling – Member Manning stated, "We will be meeting with The Town Engineer David Poore tomorrow at 9:00 am.  I would like to postpone this report until September if it pleases the Board."  Chairman Hooper stated, "We will look forward to the report in September." – OPEN -    

 

New Business

 

  1. Rezoning request – Land on Skyland Drive from Transitional to Recreation Business – Don Fulkerson – Member Manning said, "Mr. Chairman I would like to offer myself for recusing in this discussion as I have been accused of trespassing on this property."  Member Tarlton said, "Isn't there a similar situation with Butch McLean?  When he came on the Board didn't he agree not to participate on items that involved the golf course or the Cottoms?"  Member McLean stated, "I agreed not to participate in a vote until December.  I did not agree not to participate in discussions."   The Zoning Administrator said, "I think you all know where this piece of property is.  It is four (4) acres on Skyland Drive just pass Fifth Fairway.  In 2004 this Board recommended the Town Council rezone this property to Transitional.  The request we have is to rezone this property back to Recreational Business."  Chairman Hooper said, "The Application for Change in zoning classification was presented by James Hendrix."  Chairman Hooper asked James (Noble) Hendrix to explain his request to the Board.  Noble's argument to the Board was in 2004 upon the request of the Owners this property was rezoned from Recreational Business to Transitional.  He stated, "There are feelings that keeping this property as open space and recreational property will be better for the Town and will increases the value of all the property in Seven Devils.  There does need to be more living units and development in the Town but the Town doesn't have any parks or open space and the center portion of the Town needs to be preserved.  I own a home and lots at Seven Devils and I believe Recreational Business Zoning of that property would enhance the value of my property and all my neighbors' property.  I think it is the best use of the property for the Town."  He then presented a copy of the North Carolina Statutes GS 160A-385.1 to the Planning Board and referenced   (c) Establishment of vested right A vested right shall be deemed established with respect to any property upon the valid approval, or conditional approval, of a site specific development plan or a phased development plan, following notice and public hearing by the city with jurisdiction over the property. (d) Duration and termination of vested right (1) A right which has been vested as provided for in this section shall remain vested for a period of two years.  This vesting shall not be extended by any amendments or modifications to a site specific development plan unless expressly provided by the city.  Noble said, "As this has passed the two year window and no provisions have been made by the city I believe it would be better to save this land for future use.  This property should remain green space and possible public recreational use because it is of great value to every property owner in Seven Devils."  The Board then discussed vested rights and liability.  Lenny Cottom stated, "I want to go on record that I am here representing my father because his trust owns this piece of property and we protest this rezoning.  Also Mr. Hendrix has twisted the facts to the way he sees fit.  The very first sentence (#1- This property was originally zoned RB) is wrong.  That property was originally zoned multi-family recreational when we bought it in 1992.  It was zoned to Transitional in 2004.  And if you think there is no loss in value by rezoning this property, you are wrong again.  There would considerable harm and damage done to the property.  Also, in sentence #5 he states six (6) units to a building which is wrong.  Seven Devils only allows four (4) units to a building.  In sentence #6 he says we degraded the seventh hole which is untrue we moved the tee boxes and actually made this hole better than it was before.  In #7 he says we failed to maintain it as a golf course.  It is no longer a golf course therefore it does not need to be maintained as a golf course.  #10 shows that the real fact behind trying to rezone this property is nothing less than a land grab.  Mr. Hendrix has taken on a serious liability by doing this.  I can't find anyone in the State who has ever allowed a third party individual who has no interest in a piece of property to apply for it to be rezoned.  #11 is just more proof that this is nothing more than a land grab.  #12 talks about Fifth Fairway and Fifth Fairway does not even look onto this property so, it has no relevance to this.  If you go back and look at the old Seven Devils Zoning Map, you will see that everything on Skyland Drive where the golf course is was all zoned Transitional Multi-Family.  So, it has been taken away bit by bit through the rezoning process.  Again, I want to stress I think this is improper and I severely protest it."  Chairman Hooper asked the Zoning Administrator if there is anything in the Ordinance regarding who can request a rezoning.  The Zoning Administrator said, "I saw no limitation specified in our Ordinance as to who can request a rezoning.  However, in my twenty five years in this field I have never heard of it occurring in this way."  Member Williams read from the Zoning Ordinance Article 4.2.1 Zoning Map Amendment - The Official Zoning Map, as provided for in this article may from time to time be amended or may be repealed through the following procedure:  1)  A proposal to amend or repel the Official Zoning Map with regard to a certain area or a particular piece of property may either be initiated by the Planning Board or otherwise submitted to the Planning Board through the Zoning Administrator by any person who owns property or resides within the zoning jurisdiction of the Town.  Chairman Hooper then asked all the Board Members for their opinions.  After discussion, it was the consensus of the Planning Board that the Town Attorney be contacted for a legal opinion in this matter.   

 

Member Tarlton made a motion the Planning Board recommend to the Town Council, pending legal review, to rezone the land on Skyland Drive from Transitional to Recreation Business.  Member Ehlinger seconded the motion.  Members Tarlton, Ehlinger and Williams agreed.  Members Manning and McLean abstained from voting.  Chairman Hooper was opposed.  The vote carried three to one. – OPEN -

 

  1. Recommendation for Nettles Knob Preliminary Plat Approval – Don Fulkerson – Postponed until September 17, 2007 Planning Board meeting. – OPEN -

 

  1. Proposed Amendment to Section 12.3.1 of the Zoning Ordinance – The Zoning Administrator explained at the Preliminary Conference for Ken Canter, there were some documents in his office that were not required by the Zoning Ordinance to be submitted for the Preliminary Conference.  The Board of Adjustment suggested an amendment of the Ordinance so all relevant documents are submitted for future Preliminary Conferences.  He then read the following change:

Proposed Amendment to Section 12.3.1

Application Submittal

Of the Zoning Ordinance

 

Insert after the 4th sentence of the 4th paragraph of Section 12.3.1:

 

The Zoning Administrator shall submit all relevant documents.

 

Member Manning made a motion to recommend to the Town Council the Zoning Ordinance be amended as requested.  Member Ehlinger seconded the motion.  The members agreed unanimously. – CLOSED -    

 

Board Member Comments

 

 The Town Manager was asked to explain the requirements for a Special Meeting.  He replied, "You need to give forty eight (48) hours notice and either the Chairman, Vice Chairman or two (2) other members need to sign a letter stating when you are going to meet and what the meeting is for."  Member Williams requested a Special Meeting be scheduled for the Recreation Committee to meet.  After discussing meeting dates with the Recreation Committee, Member Williams is to contact the Town Manager to schedule the Special Meeting.   

 

 

Adjourn

 

At 6:14 pm, Member Williams made a motion that the Planning Board adjourn.  Member McLean seconded the motion.  The members agreed unanimously.

 

 

 

 

____________________________                            ____________________________

David Hooper, Chairman                                              Karen E. Daniels, Town Clerk