The Blowing Rock Planning and Zoning Board met on Thursday, September 16, 2004. Chairman West called the meeting to order at 7:03 p.m. Members present were Ron Mace, Cullie Tarleton, Doug Drury, Albert Yount, Dennis Quinn, Jim Steele, Cobb Milner, and staff members present were Scott Hildebran, Town Manager, Kevin Rothrock, Planning Director, Andy Lovingood, Town Engineer, and Sherrie Pitts, Administrative Assistant.

Mr. Tarleton made a motion to approve the minutes as submitted, seconded by Mr. Drury. Mr. Yount made a correction his vote was against the Garden Mausoleum at Woodlawn Cemetery All were in favor of the motion with the correction.

Mr. Kevin Rothrock, Planning Director, advised that at the August 19^th meeting, the Planning Board tabled the application and requested that the applicant provide a streetscape drawing/photograph that included the proposed building. The building plans and a streetscape had been provided in the packet. Mr. Yount, board member, asked if all department heads would be involved in the reviewing of the plans. Mr. Rothrock stated that the department heads would be involved as that was part of the process. With no further question or comment of Mr. Rothrock, Chairman West opened the floor to the applicant.

Mr. Tony Di Santi, attorney for the Hannas, commented that Mr. Dixon had created a photo composite and the building does fit in with the surrounding buildings. Mr. Di Santi was questioned if the stormwater issue had been worked out. Mr. Michael Trew, engineer for the project, advised he had met with the Town's engineer, Andy Lovingood, last week and the general layout will work. The Town is planning an upgrade to the stormwater drainage on Garden Circle, which has been placed at a top priority. Mr. Lovingood stated that no construction would take place until Garden Circle drain had been upgraded.

Chairman West asked if there had been progress on the easements for the Hanna stormwater project. Mr. Di Santi explained no easements had been done, they will wait until they know what to expect in regard to the conditional use permit.

With no further questions of the applicant, Chairman West opened the floor to the public.

Ann Whatley, resident and owner of the Village Café, was concerned about the drainage being placed down their walkway. Ms. Whatley commented that to tear up the walkway would have an adverse affect on their business.

Chairman West, with no other questions, closed the floor to public comment.

Mr. Yount asked if the roof was flat now. Mr. Di Santi advised that it was.

Mr. Tarleton commented that in the five points to be met in accordance with Town Council's, request number four was to salvage the maple trees. He stated that the Board should add "to salvage and/or replace the trees" since it sounds like the trees can not be salvaged.

Chairman West asked to have the five points to be met by the applicant to be included in the minutes:

1. Stormwater management with the town engineer approval.

2. Residential component with a legal parking agreement that satisfies the Town.

3. Construction plan approved by department heads.

4. Salvage the Maple trees.

5. A flat roof no more than five feet above Kilwin's.

The motion on the table is to approve with the five previous conditions from Council, to have all department heads approval of plans, to present a construction schedule with storage location plans, to salvage and/or replace maple trees. The motion passed seven to one.

Mr. Kevin Rothrock, Planning Director, presented the staff report information to the Board in reference to the CUP 2004-07. The request is for a minor amendment to CUP 2002-03 and 2002-08 to convert 1100 square feet of restaurant dining area into an art gallery and to place sculptures in the gardens for sale. The original conditional use permit was granted in May of 2002 to open a full-service restaurant in additional to the existing bed and breakfast. This amendment would remove the full service restaurant, but continue to allow breakfast service for overnight guests. The property is zoned Central Business.

Mr. Hyett, owner of Ragged Garden Inn, explained he had closed the restaurant with the exception of breakfast for overnight guests. Mr. Hyett asked for a waiver of three parking spaces for the art gallery, instead of the eight spaces that had been waived for the restaurant.

Mr. Tarleton made a motion to approve the interior art gallery, waive the parking, approve the display of yard sculpture- 20 pieces total, evenly distributed with no more than 20% of sculptures on display to be no more than ten feet in height, and 80% not to exceed seven feet in height including the pedestal. Mr. Milner seconded the motion. Mr. Yount made a substitute motion to approve the inside gallery, waive the parking, and postpone the decision on outside sculpture until next month. Mr. Quinn seconded the motion. The motion passed seven to one.

Mr. Rothrock advised that he wanted to bring to the board's attention information being mailed in the area on wind power. This is not addressed in the Land Use Code; therefore, it should go to subcommittee. Mr. Tarleton stated that this should be addressed and dealt with as soon as possible.

Mr. Yount made a motion to recommend to Town Council that a moratorium on electric generation by wind power using wind turbines and towers be enacted until it could be addressed by the Board. Mr. Milner seconded the motion. All members voted in favor.

Chairman West advised that the board meeting dates are the third Thursday of each month, and if there is no agenda the board will have a working session. All members need to be present at each meeting.

Mr. Rothrock updated the board on town wide projects, and on CUPs.

Chairman West made a motion to adjourn, seconded by Mr. Milner. All were in favor.

With no further business, the Planning Board adjourned at 8:55 P.M.

__________________________________ _________________________________

Jim West, Chair Sherrie Pitts, Administrative Assistant