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