The Blowing Rock Planning and Zoning Board met on Thursday, September 19, 2002. Chairman Greene was absent therefore Vice Chairman Paul Peterson called the meeting to order at 7:00 p.m. Members present were Albert Yount, Bill Parker, Jim West, David Cox, Dennis Quinn, and Cobb Milner. Absent was Susie Greene, Ron Oberle and George Snyder. Staff present were Kevin Rothrock, Planning Director, and Sonya Long, Administrative Assistant.

Mr. Parker made a motion to approve the minutes as submitted, seconded by Mr. Yount. All were in favor of the motion.

Mr. Rothrock explained to the Board that in August, Mr. West went before the Town Council requesting clarification on the desires of the Council regarding the Town Center District. Mr. Rothrock then met with the Council in a workshop meeting in August. At that meeting, the Council made some suggestions in regards to the Town Center District.

The Council suggested that the committee should simplify the setback standards and require 15 feet form the primary street, measuring from the back of the public sidewalk and to require a five (5) foot setback along side streets. They also suggested extending the Town Center District to Chetola and down Sunset and Morris Street. The Council would also like to continue allowing outdoor display on all properties and see that it is consistent with the Town-wide policy and require 50% green space in the front of the buildings in the 15-foot setback.

Mr. Quinn questioned whether the Town Council understood the thinking behind the percentage instead of the straight setback. Mr. Rothrock stated that he explained to them why the committee wanted the percentage and how that came about.

Mr. Quinn pointed out with deeper lots, the setback could be as much as 40% of the property. Then the character of the town would be ruined due to all the buildings ending up in a row. There would also be more variance request with a standard setback.

Mr. Rothrock stated that the Town Council also recommended applying a concept regarding nonconforming situations that would be somewhere in the "middle of the road." Possibly allowing buildings to be built back to the original footprint when damaged by fire or act of God. This would not apply to buildings that are redeveloped.

Mr. Quinn suggested sending some type of percentage recommendation to the Town Council or the Planning Board would be back to square one. He also suggested that staff apply the percentage and straight setback on some of the lots and show it on a map so that Town Council could see how the property owners would be effected.

Mr. West recommended the following; take the lesser of 15 feet or 15% of the average lot depth, not to exceed 15 feet. He pointed out that would give some flexibility.

Mr. Rothrock stated another way would be to leave the Town Center District like it is proposed and just apply the same standards to the Central Business District.

Mr. Peterson also recommended not extending the Town Center District, as recommended by the Town Council, until the Board had a chance to see how parking would apply to that area.

The Board also recommended leaving the recommendation of requiring five (5) foot setbacks along side streets. They recommended not extending the Town Center District.

The Board asked that Mr. Rothrock draft a new ordinance and pass on to the Town Council the recommendations made. Mr. West suggested the Town Center Committee review the new draft ordinance at the next Planning Board meeting.

Mr. Rothrock presented three (3) different options with regards to nonconforming situations. Mr. Quinn suggested that if someone has a nonconforming situation and decides to build back, they should be required to build back according to the code and then if they can not, they would have to prove a hardship and then it would be determined if they could build back in the same footprint.

Mr. West suggested the Board recommend Option #2, which is a clarification, of what was previously submitted to the Town Council. The Board agreed.

Mr. Rothrock reported that the Town Council also asked that staff make some provisions for a setback reduction for double frontage lots (lots fronting on more than one public street). Mr. Rothrock suggested that the setback be reduced to 20 or 25 feet on the secondary street instead of the standard 40-foot setback. Members of the Town Council thought this provision was already in the Code but Mr. Rothrock explained that the proposal had been combined with the work on the Town Center District. Mr. Rothrock asked the Board to make some type of recommendation on the proposal.

Discussion on Increasing Civil Penalties for Violations in the Town Code / Land Use Code

Mr. Rothrock reported that the Town Council asked that the Planning Board reviews and makes a recommendation concerning the civil penalties used in the enforcement of the Town Code. The current civil penalty for violations of the ordinance is $100.00 per offence. In some cases, especially with short-term rental of residential properties, $100.00 is not much of a deterrent. A civil penalty that reads "up to and not to exceed $500.00" may be more effective.

After some discussion, Mr. West recommended "civil penalties up to and not to exceed $500.00 per offense", seconded by Mr. Parker. All were in favor of the motion.

With no further business, the Planning Board adjourned at 9:10 P.M.

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Paul Peterson, Vice Chairman Sonya Long, Administrative Assistant