MINUTES
Town of Blowing Rock
Board of Commissioners
June 10, 2008
The
Town of Blowing Rock Board of Commissioners met in regular session on Tuesday,
June 10, 2008 at 7:00 p.m. The meeting
took place at Town Hall,
CALL TO ORDER
Mayor
Lawrence called the meeting to order at 7:00 p.m. and welcomed those in
attendance.
APPROVAL OF MINUTES
Commissioner
Pickett made a motion to approve minutes for meetings held on May 13, 19, 20
and 27, 2008 as written, seconded by Commissioner Klutz. Unanimously approved.
PUBLIC HEARINGS
Sworn
to speak during the following public hearing were Kevin Rothrock, Michael Trew,
and Bill Dixon.
Planning
Director Kevin Rothrock presented Council with a request from
The
proposed site plan for the project was presented by Mr. Rothrock, which
included zoning/land use, parking, storm water management, and
landscaping. Architectural plans
including the proposed design and exterior materials were shown to
Council.
Mr.
Rothrock reported that during the Planning Board meeting held on May 15, 2008,
a recommendation to approve the conditional use permit with the following
conditions was made:
1.
no alcohol sales
for on-site consumption
2.
no drive-thru
window permitted
3.
no outside
dining allowed
4.
external
lighting to cast downward
5.
opaque screening
installed from NW corner of parking lot to a distance half of Days Inn property
line with pedestrian path provided
6.
48% SIA
impervious area accepted
Commissioner
Yount had questions regarding the no alcohol sales for on-site consumption
condition. He felt further clarification
was needed, since beer and wine retail was allowed, but on-site consumption was
not. He asked if the wording in the CUP was the intent of the Planning Board. Mr. Rothrock stated the recommendation of the
Planning Board was no on-site consumption allowed, however; sale of beer/wine for
off-site use was allowed. Commissioner Ball also wanted to know why this stipulation
was added to the CUP and if it would remain forever. Mr. Rothrock responded
that neighbors in the area were concerned with noise. Town Manager Hildebran
stated the CUP ran with the land and unless the business changed, the
stipulation would remain. Commissioner Klutz commented on a similar situation where
alcohol was sold at a business located in a residential neighborhood. He was
confused as to why this condition was applied to this project. Commissioner Yount requested that Planning
Board Chair Jim West speak to the issue.
Mr.
West was sworn to speak by the Town Clerk.
Mr.
West stated the Planning Board had responded to concerns from neighbors in the
area and it was the understanding of the Planning Board that a potential
applicant was an off-premise beer and wine shop. Members of the Board felt this would be the
appropriate time to limit the on-site consumption. Future applicants would have to come before
Council to change the condition.
Commissioner
Klutz inquired if this was the first time a stipulation such as this had been
set. Mr. West responded he did not
remember any other instances. Mr. West
stated the Planning Board felt this was a good recommendation and the applicant
had not objected and had no intentions of having on-site consumption.
Commissioner
Pickett inquired if the applicant had requested this condition. Mr. West stated the applicant had not
requested the condition, but they were not opposed.
Commissioner
Tester had questions regarding the proposed rain garden and if the volume had
been calculated in the retention regulations.
Mr. Rothrock asked the project engineer to answer questions regarding
the rain garden. Mr. Michael Trew of
Municipal Engineering acknowledged the calculations included the rain garden
and the garden was more for filtering water than holding water.
Mr.
Bill Dixon of Appalachian Architecture approached Council regarding the “no
on-site alcohol consumption” condition previously discussed. Mr. Dixon advised his client had not offered
this condition, but had accepted it due to concerns of the neighbors in the
area. His client would like for this condition to be removed if possible. Mr. Dixon stated Subway of Blowing Rock was
relocating to the proposed site and would be there for at least 10 years. He
expressed the need for more flexibility if for example; an art gallery was
located there and wanted to hold a wine tasting.
Mr.
Dixon then addressed a concern regarding paragraph eight in the CUP in
reference to a pedestrian walkway from Days Inn to their proposed project. He feared the language in the CUP would
require his client to install an
Mr.
Trew asked Council for clarification regarding the Special Intensity Allocation
which states 48% of impervious surfaces in the CUP. Mr. Trew stated after
recalculations adding a pedestrian walkway would increase the imperviousness
surfaces to approximately 49%.
The
public hearing was closed after a motion from Commissioner Ball, seconded by
Commissioner Pickett. Unanimously
approved.
Commissioner
Yount made a motion to approve CUP #2008-03 to include the following
recommendations: in paragraph two, omit
the line stating bark siding would be added; paragraph 8; change the word “shall” to “encouraged”,
and in paragraph 12; change the Special Intensity Allocation from 48% to
49%. Commissioner Klutz requested the no
on-site alcohol consumption clause be omitted. Commissioner Yount stated his motion
would remain as previously stated. Commissioner Yount’s motion died for lack of
a second. Commissioner Klutz then made a
motion to approve CUP #2008-03 with the recommendations previously stated which
included the no on-site alcohol consumption condition be removed, seconded by
Commissioner Ball. Mr. Yount inquired
why Commissioner Klutz wanted the no on-site alcohol consumption removed from
the CUP. Commissioner Klutz felt the Town
would be setting precedence with this stipulation and
With
the annexation of the Gideon Ridge Area, the Gideon Ridge Inn, and The Blowing
Rock visitor attraction will be considered nonconforming uses. According to Planning Director Rothrock the
nonconforming regulations in the Land Use Ordinance prohibit expansion. In recognizing the historic significance of
the Gideon Ridge Inn, The Blowing Rock, and the Green Park Inn, the Planning
Board and zoning subcommittee recommended Ordinance Amendment No. 2008-05 to
provide flexibility with regard to expansion of these properties. Without the amendment, they would not have an
opportunity for expansion. The ordinance amendment provides that up to 50% of
the existing gross floor area could be expanded if all other requirements of
the Land Use Ordinance were met. The
expansion would only be allowable through a conditional use permit and must be
for the current use only.
Mr.
Rothrock advised setbacks and other standards that apply to each property would
be based on the underlying zoning district for that property.
Commissioner
Yount inquired if this had been before the Planning Board. Mr. Rothrock stated it had and they were in
favor of the amendment.
Mr.
John Lacy of
Commissioner
Tester responded to Mr. Lacy’s concerns, stating this amendment to the
ordinance was not authorizing the expansion of the Gideon Ridge Inn as they
would have to comply with the CUP process and come before Council. A public
hearing would be held before any expansion was done and there was no guarantee
an expansion would be approved.
Commissioner
Tester asked for someone to address the issue of the increase from 20% to
50%. Planning Board Chairperson Jim West
approached and explained the Planning Board had discussed this issue and felt
if this property or other properties in the area were sold and subdivided into
lots a 2,000 sq. ft. home could be built on each lot which is small in
comparison to other properties in town. Mr.
West advised there was potential for improvement during the CUP process of some
of Mr. Lacy’s concerns regarding lighting, roadways, etc. He also stated the
Planning Board was trying to help historic properties maintain their
viability. He felt through the CUP
process and the wisdom of the Planning Board and Council the 50% increase would
work.
Commissioner
Tester stated the purpose of the designation was to preserve the historic
character of these properties and would an expansion be historical? Mr. West stated as long as the character and
purpose were maintained and the historic guidelines were met, it would be
consistent. Mr. Tester also inquired if certain
allocations for expansion had to be met in the historic guidelines so not to
lose their historic designation. Mr.
West advised there were.
Commissioner
Ball felt a 50% expansion on the
Commissioner
Klutz had questions regarding spot zoning, which he was in favor of instead of
non-conforming use.
After
further discussion, Mr. Cobb Milner, Jr. owner of the Gideon Ridge Inn
approached Council and stated that currently he had no active plans for
expansion of the Gideon Ridge Inn, but the flexibility to expand was needed to
survive. Mr. Milner stated this was not
the time to argue over traffic, lighting, etc. which should be done during the
CUP process. Council had always tried to listen and respond to concerns of
adjoining property owners. Mr. Milner
advised his family had owned the Gideon Ridge Inn since 1984 at which time
zoning was not in place in
Mr.
Lacy felt an expansion of the restaurant would have a large affect regarding
traffic to the area. Mr. Milner responded
they did not intend to expand the restaurant.
Commissioner
Tester stated the ordinance was general in nature and did not specifically name
any businesses, and was there potential for other properties in the
future. Mr. Rothrock stated there was
that potential. Mr. Tester suggested
that sentence (b) under Section I (2) be changed to the following:
Any expansion of the existing structure shall not
cumulatively exceed 50 percent of the gross floor area of the structure as of
the effective date of historic designation.
Commissioner
Klutz inquired of Mr. Lacy, if he would have problems with being held to a
certain percentage of expansion to his home. Mr. Lacy responded an addition to his home
would not have a great impact on the neighborhood.
Following
further discussion, a motion to close the public hearing was made by
Commissioner Pickett, seconded by Commissioner Ball. Unanimously approved.
A
motion to approve Ordinance #2008-05 with the addition to sentence (b) Section
I (2) to read “as of the effective date of historic designation as defined in paragraph
one of the ordinance” was made by Commissioner Tester. Mr. Tester also commented that he was
sensitive to Mr. Lacy’s concerns, however; this ordinance covered many
properties and it would not be in the best interest of everyone to make a
restriction that applied to all these properties. Mr. Tester agreed with the
Planning Board’s decision of allowing an expansion up to 50%. The motion received a second from
Commissioner Pickett. Unanimously
approved. Ordinance #2008-05 Exhibit B
Planning
Director Rothrock presented Council with a draft ordinance allowing possession
and consumption of alcohol at the Edgewood Cottage and the future BRAHM
building. The current Town Code
prohibits the possession and use of alcohol on public streets and Town
property. The draft ordinance provides
exemptions to the current Town Code to allow consumption of alcohol in Edgewood
Cottage and Blowing Rock Art and
According
to Mr. Rothrock, two events are planned for the month of June to introduce the
public to the refurbished Edgewood Cottage. During these events, the Historical
Society wished to serve alcohol and had obtained the proper State ABC permits.
Adequate
insurance for these events were discussed.
Each event would require appropriate liability insurance to include a $1
million general liability policy, a $1 million liquor liability, and a hold
harmless agreement with the municipality.
Commissioner
Tester questioned if this was State law.
Town Manager Hildebran stated it was not a State law, but it was a
condition of the Town’s insurance carrier.
Commissioner Tester encouraged that language be added to the ordinance clarifying
this condition as well as to hold the Town harmless.
Commissioner
Klutz voiced his dissatisfaction with the statement that read “Alcohol will be
permitted within the buildings, grounds, and patio areas, but will be
prohibited in the parking facility and adjacent sidewalks.” It was his feeling since the parking facility
had yet to be approved it should not be included in this statement. Mayor Lawrence advised these would be some
type of parking there whether it’s the parking facility or a surface lot.
A
motion to close the public hearing was made by Commissioner Pickett, seconded
by Commissioner Ball. Unanimously
approved. A motion for approval of
Ordinance #2008-06 was made by Commissioner Yount to include Commissioner
Tester’s suggestion that proper wording be added to the ordinance stating
Edgewood Cottage and BRAHM must conform to the Town’s insurance policy and the
Town be held harmless. This motion was
seconded by Commissioner Pickett.
Unanimously approved. Ordinance #2008-08 Exhibit C
During
the regular meeting held on May 13, 2008 the FY Recommended 2008-2009 Budget
was presented to Council for review and discussion. After several special
meetings and with minor changes made, the FY 2008-2009 Annual Budget Ordinance
#2008-07 was presented by Town Manager Hildebran for Council approval.
A
brief synopsis was given by Mr. Hildebran explaining property tax rate would
remain at $.028 per $100 of the value and the FY 2008-09 Budget contained a
water/sewer adjustment of $0.25 per 1,000 gallons of usage above the minimum
5,000 gallons and a $5.00 per month charge for each customer to cover the
expense related to the planning emergency eater interconnection with the Town
of Boone and Appalachian State University. Due to a proposed increase in
commercial landfill tipping fees from $45 per ton to $49 per ton by
Mayor
Lawrence commended Mr. Hildebran and Town Staff for their hard work on the
budget. Mr. Hildebran also thanked the
Town Staff for their participation in preparing the budget.
Commissioner
Yount stated the budget contained the debt service for the American Legion
Parking Facility and several months prior, he did not have the luxury of voting
on this project. He explained the reason for voting for the FY 2008-2009 Budget
was to comply with “majority rules”.
Commissioner Klutz requested the minutes reflect that he was in
agreement with Commissioner Yount. He stated even though he voted in favor of
the parking facility, he felt it was a mistake.
Commissioner
Yount conveyed the budget was prepared from projected income, and with economy
changes, he asked that Mr. Hildebran alert Council immediately if he saw any
income disruption, because spending could be controlled.
Hearing
no public comments, a motion to close the public hearing was made by
Commissioner Ball, seconded by Commissioner Tester. Unanimously approved. Commissioner Ball continued with a motion to
approve FY 2008-2009 Budget Ordinance #2008-07 as presented, seconded by
Commissioner Tester. Unanimously approved.
Ordinance #2008-07 Exhibit D
OLD BUSINESS
Mr.
Hildebran recommended Stage I Voluntary Conservation efforts remain in effect
even though the area had received some precipitation recently. He advised that rain barrels were available
to those interested in purchasing them at Town Hall. A 60-gallon barrel could be purchased for
$78.00 and an 80-gallon barrel for $89.00.
NEW BUSINESS
Mr.
Hildebran presented an Engineer Services Agreement with McGill Associates for
design and construction support services for the water interconnection to Boone
for Council’s consideration. According
to Mr. Hildebran, the agreement was prepared in consultation with the USDA –
Rural Development Office in accordance with the requirements of the Appalachian
Regional Commission and the
The
services would include Engineering Feasibility Services, Technical Services (engineering
design, bid and award) and Construction/Inspection Services. The lump sum cost of the professional
services, included in the $4,000,000 project is as follows:
$ 45,700 –
Engineering& Environmental Reports
$186,500 – Design, Bidding and Award
$140,800 –
Construction/Inspection
$373,000 – Total
Mr.
Hildebran advised the Town of
Mr.
Hildebran also conveyed the original price of the project had been lowered
somewhat by the USDA. A motion to approve the agreement as presented was made
by Commissioner Yount, seconded by Commissioner Ball. Unanimously approved. Engineering Services Agreement-Water Interconnection Project Exhibit E
Pursuant
to N.C.G.S. 160A-270(c), Town Council is authorized to sell personal property
by electronic auction upon adoption of a resolution authorizing an appropriate
town official to dispose of personal property belonging to the town.
Mr.
Hildebran presented Resolution #2008-08 to Council for their approval for
removal of a structure located at
According
to Mr. Hildebran, the bidding would open on June 23, 2008 at 8:00 a.m. and
remain open for the next 30 days. The successful bidder would have 90 days to
remove the structure from the property upon notice of bid acceptance.
A
motion to accept Resolution #2008-08 was made by Commissioner Ball, seconded by
Commissioner Pickett. Unanimously
approved. Resolution #2008-08
Exhibit F
Town
Manager Hildebran presented a budget amendment for fiscal year 2007-2008 for
Council’s consideration.
The
Water/Sewer Fund amendment is to recognize revenue received or to be received
for the sale of Water Conservation Equipment as well as to create an expense
line in which to pay for the conservation equipment (rain barrels).
With
no further discussion, a motion for approval of Ordinance #2008-08 was made by
Commissioner Tester, seconded by Commissioner Ball, Unanimously approved. Ordinance #2008-08 Exhibit G
SPEAKERS FROM THE FLOOR
None
DEPARTMENTAL REPORTS
At
this time Mayor Lawrence called upon Emergency Services Director Kent Graham to
speak regarding “No Dogs in Town Parks”.
Mr. Graham spoke of a recent incident at Davant Field involving his
4-year old daughter. Mr. Graham advised
while playing at Davant Field, his small daughter narrowly escaped serious
injury when a dog tried to attack her.
Mr. Graham stated several people were there and averted the attention of
the dog before it bit his daughter. He
asked that Council revisit the “No Dogs in Town Parks” rule. He felt the town needed a clear procedure to
follow when an instance such as this happened.
Commissioner
Pickett agreed with Mr. Graham. He felt something should be put in effect that
was strong enough to stop this type thing from happening.
Audience
member Danielle Tester suggested that dogs not only be on leashes, but to have
mussels too. Commissioner Tester advised
a professional was reviewing the Town Code at the present time and this area
should be looked at further.
Several
members of Council felt once a firm procedure was enacted, consistent
enforcement should be applied. It was the consensus that McGill Associates
staff review the park and recreation ordinances and bring back a recommended
course of action.
Another
issue of discussion Mr. Hildebran advised was representatives from Chetola
Severn Partners wished to meet with Council in the near future to discuss the
large project proposed along
Commissioner
Ball made a motion to recess the meeting until Monday, June 16, 2008 at 2:00
p.m. at which time they would meet with Chetola Severn Partners. The motion received a second from
Commissioner Tester. Unanimously
approved.
ADJOURNMENT
With
no further business to discuss, the meeting was recessed at 9:00 p.m. until
June 16, 2008 at 2:00 p.m.
MAYOR
____________________________
J.B. Lawrence
ATTEST:
____________________________
Sharon Greene, Town Clerk
Attachments (June 10, 2008)
CUP
#
Ordinance
#2008-05 Historic Properties Code Amendment Exhibit B
Ordinance
#2008-06 Tiller-Lane Property- Alcohol Exemption Exhibit C
Ordinance
#2008-07 FY 2008-2009 Budget Exhibit D
Engineering
Services Agreement-Water Interconnection Project Exhibit E
Resolution
#2008-08 Tiller-Lane House Surplus Property Exhibit F
Ordinance
#2008-08 Budget Amendment Exhibit G