TOWN OF BLACK MOUNTAIN 160 Midland Avenue Black Mountain N.C. 28711 Phone: (828) 419-9300 Fax: (828) 669-2030 MEMORANDUM To: From: Re: Date: Town of Black Mountain Planning Board Jennifer Tipton, Zoning Administrator Agenda Packet for January 26, 2015 January 22, 2015 The Town of Black Mountain Planning Board will meet on Monday, January 26, 2015 at 6:00 p.m. in Town Hall at 160 Midland Avenue. Please find the following items for your information and use at the meeting: 1. The proposed agenda; 2. Draft minutes from November 14, 2014; 3. Rezoning – Padgettown Road – Anne Hensely 4. Rezoning – Tabernacle Road – Givens Highland Farms 5. Text Amendment – Congregate Care Facilities/Nursing Homes 6. Text Amendment – Setbacks 7. Code of Ordinance Amendment – Tobacco Use 8. Resolution of Appreciation – John Clements Please let Jennifer Tipton know if you are unable to attend this meeting. [email protected] or (828) 419-9373. The Town of Black Mountain is committed to providing accessible facilities, programs and services for all people in compliance with the American with Disabilities Act. Should you need assistance or a particular accommodation for this meeting, please inform Jennifer Tipton at (828) 419-9373 or by email at [email protected]. CC: Josh Harrold, Planning Director PUBLIC NOTICE Town of Black Mountain Planning Board Monday, January 26, 2015 6:00 p.m. The Town of Black Mountain Planning Board will hold its regular monthly meeting on Monday, January 26, 2015 at 6:00 p.m. in Town Hall at 160 Midland Avenue, Black Mountain, N.C. The meeting is open to the public. ______________________________ Darlene R. Whisenant Town Clerk The Town of Black Mountain is committed to providing accessible facilities, programs and services for all people in compliance with the American with Disabilities Act. Should you need assistance or a particular accommodation for this meeting, please inform Jennifer Tipton at (828) 419-9373 or by email at [email protected]. Posted on Town Hall Bulletin Board: 01/12/15 Planning Board January 26, 2015 6:00 p.m. PROPOSED AGENDA I. CALL TO ORDER II. ADOPTION OF AGENDA III. ADOPTION OF MINUTES November 24, 2014 IV. BUSINESS 1. 2. 3. 4. 5. Rezoning – Padgettown Road – Anne Hensley Rezoning – Tabernacle Road – Givens Highland Farms Text Amendment – Congregate Care Facilities/Nursing Homes Text Amendment - Setbacks Code of Ordinances Amendment—Tobacco Use V. PLANNING BOARD/STAFF COMMENTS – Reports and Communications 1. Resolution—John Clements Service VI. PUBLIC COMMENT VII. ADJOURNMENT TOWN OF BLACK MOUNTAIN PLANNING BOARD November 24, 2014 The Black Mountain Planning Board held its regular meeting on Monday, November 24, 2014 at 6:00 p.m. in Town Hall at 160 Midland Avenue, Black Mountain, North Carolina. I. CALL TO ORDER The meeting was called to order with the following members present: Jesse Gardner, Chair E.V. Gouge, Vice Chair Michael Raines, Secretary Pam Norton Dawn Trutwin Peter Vazquez Absent: John Clements Staff: Jennifer Tipton, Zoning Administrator Josh Harrold, Planning Director Others: Elaine Loutzenheiser The meeting was called to order at 6:01 p.m. and duly constituted and opened for business with a quorum of five (5) regular members. Pam Norton arrived later. II. ADOPTION OF AGENDA Chair Jesse Gardner made a change to the agenda to move the rezoning request to the last item on the agenda. Michael Raines made a motion to adopt the agenda as amended. The motion was seconded by Dawn Trutwin and approved by a vote of 5-0. III. ADOPTION OF MINUTES – October 27, 2014 Michael Raines made a motion to adopt the minutes as written. The motion was seconded by Peter Vazquez and approved by a vote of 5-0. IV. BUSINESS 1. Text Amendment for Pedestrian Circulations Josh Harrold presented this text amendment to the board. There are some discrepancies in widths of sidewalks and this amendment would fix those discrepancies while also making sure that the widths are in line with Department of Transportation Standards. The amendment will also clarify a maximum slope that is in line with Department of Transportation Standards. E.V. Gouge asked if there would be any exception to this standard and was told there was not one at this point but staff may be able to work with someone administratively. E.V. Gouge made a motion to accept the amendment as written. The motion was seconded by Dawn Trutwin and approved by a vote of 6-0. Planning Board Regular Meeting November 24, 2014 2. Text Amendment for Conditional Use Applications Josh Harrold presented the board with the text amendment for conditional use applications. The land use code requires that a master plan be submitted with each application; however, there are times when a master plan would not be needed. This amendment gives the zoning administrator the authority to decide what is applicable when submitting a conditional use application. E.V. Gouge made a motion to accept the amendment as written. The motion was seconded by Dawn Trutwin and approved by a vote of 6-0. 3. Discussion of Fence Regulations Josh Harrold presented a draft of fence regulations that were taken from several jurisdictions. The main highlights of the draft are height, material, which way the fence faces and location. The board held discussion on exceptions to fences in certain situations such as an electrical fence around a fish pond. Elaine Loutzenheiser, 410 Avena Road, also mentioned the use of invisible fences for dogs and that those are considered electric fences. The board clarified that invisible fences would not be considered a fence since it cannot be seen. The board had concerns about distance from property lines, neighbor disputes and permitting. Mr. Harrold will bring back fence ordinances from other locations for the board to look at. 4. Rezoning Request – Padgettown Road Jennifer Tipton presented the board with a rezoning request for two lots on Padgettown Road. The owner is requesting that the two lots be rezoned commercial due to the amount of commercial uses in front of the property. The board would like notices to be mailed out to all property owners that would be affected by this rezoning request so that they may come to the meeting. The board tabled any further discussion until property owners are notified and will take this issue back up at their January meeting. V. PLANNING BOARD/STAFF COMMENTS – Reports, Communications and Announcements Josh Harrold said there are some issues with the Settings Development and their lot sizes and setback requirements. The development may want to request a rezoning but staff is waiting to hear back from the HOA. Staff will let the board know as soon as possible if there will be a need for a meeting in December. VI. PUBLIC COMMENT None at this time. VII. ADJOURNMENT Pam Norton made a motion to adjourn at 6:50 p.m. The motion was seconded by E.V. Gouge and approved by a vote of 6-0. ~2~ Planning Board Regular Meeting November 24, 2014 Prepared by: ______________________________ Jesse Gardner, Chair ___________________________ Jennifer Tipton, Zoning Administrator ______________________________ Michael Raines, Secretary ~3~ Town of Black Mountain 160 Midland Avenue Black Mountain, North Carolina 28711 Phone: 828-419-9300 Fax: 828-669-2030 OFFICE OF THE ZONING ADMINISTRATOR NOTICE OF APPLICATION FOR CHANGE OF ZONING CLASSIFICATION Date: 01/12/2015 To: Name Address City, State, Zip DESCRIPTION/PIN #’S OF THE PROPERTY AFFECTED BY THE PROPOSED ZONING CHANGE: PIN #0619-67-1516 and PIN #0619-67-0496 NAME AND ADDRESS OF THE PEOPLE AFFECTED BY THE PROPOSED ZONING CHANGE: (NEIGHBORS WITHIN 200 FEET OF AFFECTED PROPERTY) Please see attached list AN APPLICATION FOR A ZONING CHANGE HAS BEEN APPLIED FOR BY: Ann S. Hensley THIS PROPERTY IS CURRENTLY ZONED: UR-8 THEY WOULD LIKE TO HAVE IT REZONED: HB-8 or NMU-8 THE REASON FOR THE ZONING CHANGED IS: Nine commercial buildings around the property and in front of it. THE APPLICANT BELIEVES THE ZONING CHANGE SHOULD BE GRANTED FOR THE FOLLOWING REASONS: No on would buy this residential property and build a nice home on it with NINE commercial buildings around it and in front of it. This is your notice that the Planning Board will be hearing the rezoning application on Monday, January 26, 2015 at 6:00 p.m. in the Board Room of Town Hall, 160 Midland Avenue, Black Mountain, N.C. 28711. The meeting is open to the public. PIN # 0619-67-6933 0619-67-0496 0619-67-1636 0619-67-5505 0619-68-1036 0619-57-7571 0619-57-6975 0619-67-3760 0619-67-4121 0619-67-1921 0619-67-8409 0619-57-8921 0619-57-7578 0619-57-7686 0619-57-8929 0619-57-8714 0619-57-3729 0619-57-8102 0619-57-7472 0619-57-7748 0619-57-4342 0619-67-6608 0619-67-0818 0619-57-8802 0619-68-6043 0619-67-4480 0619-67-5156 0619-67-3875 0619-57-6192 0619-57-8206 0619-67-0376 Owner BARBARA LORETTA DAUGHERTY ANN S HENSLEY DAVID PHILIP LANDY & MARIANNE SHEPARDSON CARL R BARTLETT TERRY LYNNE MCELRATH DANIEL A HOWACHYN & TERESA R HOWACHYN ANN MARIE GARDNER & JOEY A HAMMOND CARL R BARTLETT VIRGINIA H WOLTER MATTHEW T GARDNER & MONICA W GARDNER MAGGIE ANNETTE RAGAN MICHAEL E GARDNER & SUSAN GARDNER DANIEL A HOWACHYN & TERESA R HOWACHYN DONALD R BRADEN (ET AL) & LYNETTE R CLARK (ET AL) LESLIE JUCHNA & HAGEN MCDONELL DONALD R BRADEN (ET AL) & LYNETTE R CLARK (ET AL) BLACK MTN HIGH SCHOOL R BURTON OSTEEN DANIEL A HOWACHYN & TERESA R HOWACHYN DONALD R BRADEN (ET AL) & LYNETTE R CLARK (ET AL) CARL H RICKER CARL R BARTLETT GLADYS G BLANKENSHIP DONALD H CORDELL & SHERRY R CORDELL EMILY E WELSH CARL R BARTLETT JOSEPH NEW HALLOCK CARL R BARTLETT R BURTON OSTEEN WILLIAM C MCGEE & SARA D MCGEE C E SLAGLE & FRANCE SLAGLE Address PO BOX 702, BLACK MOUNTAIN, NC 28711 831 OVERTON HILLS DR, HENDERSONVILLE, NC 28739 208 PADGETTOWN ROAD, BLACK MOUNTAIN, NC 28711 PO BOX 156, BLACK MOUNTAIN, NC 28711 218 PADGETTOWN ROAD, BLACK MOUNTAIN, NC 28711 315 LOOKOUT TERRACE, BLACK MOUNTAIN, NC 28711 PO BOX 1172, BLACK MOUNTAIN, NC 28711 PO BOX 156, BLACK MOUNTAIN, NC 28711 13227 NE 145TH PL, WOODINVILLE, WA 98072 212 PADGETTOWN ROAD, BLACK MOUNTAIN, NC 28711 PO BOX 124, BLACK MOUNTAIN, NC 28711 213 PADGETTOWN ROAD, BLACK MOUNTAIN, NC 28711 315 LOOKOUT TERRACE, BLACK MOUNTAIN, NC 28711 99 SOURWOOD RIDGE ROAD, BLACK MOUNTAIN, NC 28711 215 PADGETTOWN ROAD, BLACK MOUNTAIN, NC 28711 99 SOURWOOD RIDGE ROAD, BLACK MOUNTAIN, NC 28711 99 LAKE EDEN ROAD, BLACK MOUNTAIN, NC 28711 110 EASTWOOD AVENUE, SWANNANOA, NC 28778 315 LOOKOUT TERRACE, BLACK MOUNTAIN, NC 28711 99 SOURWOOD RIDGE ROAD, BLACK MOUNTAIN, NC 28711 1300 TUNNEL ROAD, ASHEVILLE, NC 28805 PO BOX 156, BLACK MOUNTAIN, NC 28711 214 PADGETTOWN ROAD, BLACK MOUNTAIN, NC 28711 211 PADGETTOWN ROAD, BLACK MOUNTAIN, NC 28711 40 PEARL STREET, BLACK MOUNTAIN, NC 28711 PO BOX 156, BLACK MOUNTAIN, NC 28711 110 OLD STATE 10 ROAD, BLACK MOUNTAIN, NC 28711 PO BOX 156, BLACK MOUNTAIN, NC 28711 110 EASTWOOD AVENUE, SWANNANOA, NC 28778 117 SUTTON AVENUE, BLACK MOUNTAIN, NC 28711 PO BOX 685, BLACK MOUNTAIN, NC 28711 0619-67-1134 0619-67-1516 0619-67-7823 0619-67-1707 MARY R HEMPHILL ANN S HENSLEY ERIC R HYATT & ROBERT HYATT LAURA L ROBERTSON PO BOX 1183, BLACK MOUNTAIN, NC 28711 831 OVERTON HILLS DR, HENDERSONVILLE, NC 28739 28 PEARL STREET, BLACK MOUNTAIN, NC 28711 PO BOX 1133, BLACK MOUNTAIN, NC 28711 WORKSHEET FOR REZONING REQUESTS Applicant: Property Location: Parcel ID: Existing Zoning Designation: Proposed Zoning Designation: Anne Hensley Padgettown Road 0619-67-1516 & 0619-67-0496 UR-8 HB-8 or NMU-8 REASONABLENESS FINDINGS OF FACTS: A. Size of the tract: The overall size of the tract of land proposed for rezoning in reasonable when compared to the size of the zoning district in which the subject property is located. B. Compatibility with a comprehensive plan: The proposed rezoning is consistent with any comprehensive plan, small area plan, or elements thereof. C. Impact: The impact to the adjacent property owners and surrounding community is reasonable, and the benefits of the rezoning outweigh any potential inconvenience or harm to the community. D. Comparisons of uses: The allowed uses within the proposed zoning district are similar or comparable to uses permitted as currently zoned. Yes No Yes No Yes No Yes No GRANTING THE REZONING REQUEST Motion to grant the rezoning upon finding that the rezoning is reasonable considering one or more of the above findings of fact A-D being found in the affirmative and that the rezoning advances the public interest. DENYING THE REZONING REQUEST Motion to deny the rezoning upon finding that the proposed zoning does not advance the public interest and is unreasonable due to the following: _____A. The size of the tract. _____B. Incompatibility with the comprehensive plan. _____C. Impact to surrounding community and immediate neighbors. _____D. Proposed uses are extremely dissimilar to those currently permitted. WORKSHEET FOR REZONING REQUESTS Applicant: Property Location: Parcel ID: Existing Zoning Designation: Proposed Zoning Designation: Givens Highland Farms Tabernacle Road 0609-55-1866 OI-6 (for current portion of Givens Highland Farms) OI-6 REASONABLENESS FINDINGS OF FACTS: A. Size of the tract: The overall size of the tract of land proposed for rezoning in reasonable when compared to the size of the zoning district in which the subject property is located. B. Compatibility with a comprehensive plan: The proposed rezoning is consistent with any comprehensive plan, small area plan, or elements thereof. C. Impact: The impact to the adjacent property owners and surrounding community is reasonable, and the benefits of the rezoning outweigh any potential inconvenience or harm to the community. D. Comparisons of uses: The allowed uses within the proposed zoning district are similar or comparable to uses permitted as currently zoned. Yes No Yes No Yes No Yes No GRANTING THE REZONING REQUEST Motion to grant the rezoning upon finding that the rezoning is reasonable considering one or more of the above findings of fact A-D being found in the affirmative and that the rezoning advances the public interest. DENYING THE REZONING REQUEST Motion to deny the rezoning upon finding that the proposed zoning does not advance the public interest and is unreasonable due to the following: _____A. The size of the tract. _____B. Incompatibility with the comprehensive plan. _____C. Impact to surrounding community and immediate neighbors. _____D. Proposed uses are extremely dissimilar to those currently permitted. CHAPTER 1. STRUCTURE AND ADMINISTRATION SECTION 1.2 INTERPRETATION AND DEFINITIONS 1.2.3 Definitions Congregate care facility: A licensed multi-unit facility which provides housing, part-time medical care, shared food preparation and dining areas, and recreational facilities, as well as significant social facilities to meet the needs of the elderly. Congregate care facilities do not include nursing care institutions or similar institutions devoted primarily to the care of the chronically ill or incurable. Nursing care institution: A licensed healthcare facility, however named, governmental or nongovernmental, which provides in-patient care to six or more non-related persons for whom planned and continued medical or nursing attention, or both, are indicated in contrast to the occasional or incidental care provided in congregate care facilities. A nursing care institution may be designed and marketed specifically for the elderly, physically handicapped, or both, but not specifically for mentally ill persons who are dangerous to others as defined in G.S. 122C3(11)(b). ORDINANCE NO.___________________ AN ORDINANCE TO AMEND CHAPTER 99 OF THE CODE OF ORDINANCES OF THE TOWN OF BLACK MOUNTAIN WHEREAS, the Town of Black Mountain did adopt and amend Chapter 99 of the Code of Ordinances of the Town of Black Mountain to prohibit the use of tobacco products in certain public areas within the Town; and WHEREAS, since adoption and amendment of such ordinance, the use of e-tobacco products such as vapor cigarettes and cigars has become more widespread; and WHEREAS, while such products may be less noxious, some of the aesthetic and health issues exist with such e-tobacco products; and WHEREAS, it is in the best interest of the citizens of the Town of Black Mountain that the public places where such products may be used be limited. NOW, THEREFORE, Section 99.01 of the Code of Ordinances of the Town of Black Mountain is hereby amended to revise the definition of “Tobacco Use,” which shall now shall read as follows: Tobacco Use. The inhaling, exhaling, burning or carrying a lighted pipe, cigar or other combustible tobacco product of any kind or the chewing, spitting or dipping of a smokeless tobacco product, and the inhaling, exhaling or carrying of a noncombustible product derived from tobacco including a vapor product or components of a vapor product which employs a mechanical heating element, battery or electronic circuit, regardless of the shape or size of such mechanism, including electronic/vapor cigarettes, electronic/vapor cigars, electronic/vapor cigarettes and electronic/vapor pipes. This amendment shall become effective upon its adoption. I move the adoption of the foregoing ordinance. _________________________________________ Alderman READ, APPROVED AND ADOPTED, by a vote of ______ to ______, this the _______ day of_______________, 2015. _______________________________________ Mayor ATTEST: ______________________________________ Town Clerk Resolution of Appreciation For John Clements WHEREAS, Mr. John Clements has faithfully and professionally served as a member of the Planning Board since June of 2013 until January of 2015; and WHEREAS, his participation has assisted the Planning Board in making balanced decisions that influence our community; and WHEREAS, he faithfully attended meetings and participated fully in the Planning Board’s deliberations and discussions in order to ensure consideration for all members of the Black Mountain Community; and WHEREAS, he has demonstrated a high level of professional knowledge and civic responsibility as a member of the Planning Board; BE IT THEREFORE RESOLVED BY THE PLANNING BOARD OF THE TOWN BLACK MOUNTAIN That we recognize and appreciate John Clements for his diligent and effective leadership and service to us and the citizens of Black Mountain. This resolution was passed unanimously by the Planning Board on this the 26th day of January 2015. . ___________________________________ Jesse Gardner, Chair ___________________________________ Jennifer Tipton, Zoning Administrator
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