town of mills river · austin, carolyn moore, matt holloway, sherri hill, jim foster, and dennis...
TRANSCRIPT
Town of Mills River
Minutes of the Planning Board
Tuesday, October 2, 2018
The Town of Mills River Planning Board met on Tuesday, October 2, 2018, at 7:00 PM
in the Mills River Town Hall. Board members present were: Brian Kimball, Ryan Perry, Randy
Austin, Carolyn Moore, Matt Holloway, Sherri Hill, Jim Foster, and Dennis Wilson. Cheryl
Janoski was absent (excused). Also in attendance were Town Manager Jeff Wells, Town
Clerk/Finance Officer Sue Powell, and Town Attorney Sharon Alexander. There are no open
seats on the Board.
Chairman Brian Kimball called the meeting to order and those present stood for a
moment of silence and gave the Pledge of Allegiance.
Adjustments/Additions to Agenda: None.
Carolyn Moore made a motion to approve the minutes from September 4, 2018; the motion was
seconded by Matt Holloway and the motion passed by unanimous verbal assent.
Public Comment: Jim Goodnight – has concerns about master plan, 1. Lack of inclusion in the road
agreement; 2. What are the lots labeled as Eve’s Subdivision, Phase II; and, 3. Past performance
of the contractor. Mr. Goodnight presented a written statement which appears at the end of this
document (pg. 33) and is incorporated herein by reference.
John Dorsey – is opposed to the plan as submitted. Mr. Dorsey presented a written
statement which appears at the end of this document (pg. 53) and is incorporated herein by
reference.
Randy Tracy – is opposed to the High Vista master plan and concerned about his home
value.
Linda Zumstein – is opposed to the High Vista master plan. Ms. Zumstein presented a
written statement which appears at the end of this document (pg. 54) and is incorporated herein
by reference.
David Walker – is opposed to the High Vista master plan and has already lost a home
sale due to this proposal. Mr. Walker presented a written statement which appears at the end of
this document (pg. 60) and is incorporated herein by reference.
Debra Campbell – is opposed to the High Vista master plan and pointed out an existing
lawsuit against the High Vista Homeowner’s Association that rose out of this proposal. Ms.
Campbell presented a written statement which appears at the end of this document (pg. 63) and
are incorporated herein by reference.
Linda Thomas – supports the High Vista master plan.
Brian Caskey – Mills River Town Council member and High Vista homeowner –
thanked the Planning Board for its dedication and the time they devote to the Board. He asked
all present to remember they are a community, they need to think about their neighbors and how
they personally would want to be treated. If this master plan or the development plan were to
reach Town Council on an appeal, he will recuse himself from the discussion and vote.
John Noor – Roberts Stevens law firm representing the High Vista Homeowner’s
Association (HOA) – asked the Planning Board, if they approve the master plan, to do so with
the condition the applicant not bring the development plan forward until the lawsuit involving
the HOA and the validity of past votes is resolved.
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Tom Knost – drainage is a big problem and the golf course drains the entire mountain.
Septic fields don’t work with lakes, rivers and ponds. Mr. Knost presented several maps which
are attached to the end of this document (pg. 66) and are incorporated herein by reference.
Jim Tart – spoke on the history of High Vista and the golf course. He is in support of
the proposed master plan.
Kelly Barnes –opposes the proposed plan and wants to defer her time to Ted Campbell
Tom Davis – supports the master plan. Mr. Davis presented a written statement which is
attached to the end of these minutes (pg. 71) and incorporated herein by reference.
Justin Speir – is the Club Manager at High Vista Gold Club – the course has not been
maintained in 30 years and cash is needed to make improvements. He supports the master plan.
Ted Campbell – is opposed to the development. Mr. Campbell presented a written
statement which is attached to these original minutes (pg.72) and incorporated herein by
reference.
Old Business: No Old Business
New Business:
A. High Vista Subdivision – Town Manager Jeff Wells Mr. Wells presented the file before the Planning Board referring to the Staff Report titled
M-18-04, High Vista Subdivision Master Plan and dated September 26, 2018. He added that
High Vista Finance LLC is requesting approval of a major subdivision master plan, and the
procedure for review of this type of subdivision is found in Section 153.049 of the Town Code.
The purpose of a master plan submission is to present the general concept and layout of a
proposed development project. A technical review of the concept plan was conducted and the
preliminary conclusion was the development proposal is feasible and consistent for the requested
area.
Aspects of the master plan are: 1. There is access to water; 2. There is not access to sewer
and the development would need septic with the final layout subject to the soils being adequate
to accommodate the proposed layout; 3. The North Carolina Department of Transportation
(DOT) and Mills River Fire and Rescue (MRFR) had no current concerns about the conceptual
plan; 4. The area is not located in a water supply watershed and the county’s watershed
administrator does not require a review; 5. Minimum lot areas for single family and duplexes are
correct; and, 6. The uses are permitted by right in the Mills River Mixed Use, MR-MU Zoning
District.
If the Board approves the master plan, the developer would still be required to submit a
development plan for final approval of this project. The development plan requires full site plans
with a more in depth review of all Town Code requirements would be completed by Staff and
other review agencies.
There is pending litigation that calls into question the legitimacy of the decisions made by
the High Vista Homeowners’ Association that dates back decades. This issue could be pertinent
during a development plan review since title of the property could be in question. Staff does not
feel it is applicable to the master plan stage of review. The plan meets the criteria for master
plan approval by our ordinance and Staff recommends approval. Also, the Town Attorney
advises the Planning Board cannot place conditions on the master plan. These would be added to
an approval of the development plan once presented to the Board.
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The text of the Staff Report is below:
A. Actions Requested by Planning Board
Motion to approve, approve with conditions, or deny the major residential subdivision
master plan application. If approved, the applicant would move to the development planning
stage.
B. Required Votes to Pass Requested Action
A majority vote is required to approve or deny the requested action.
C. Background
Scott Bolyard of Creative Development Solutions, acting as agent for High Vista
Finance, LLC, is requesting a Major Residential Subdivision Master Plan approval of Henderson
County PIN 9633205187. The owner of the tract is High Vista Finance, LLC. The parcel totals
33.22 acres and the subdivision proposal would create 42 residential units on 24 total lots. 18 of
these lots will house Duplexes, while the remaining 6 will contain Single Family Dwellings.
The primary parcel has access via La Vista Dr., as well as High Vista Dr. The established
High Vista development adjoins the property on all sides. A list of the adjoining property owners
are included as an attachment to this report. The subject parcel has been used as a golf course for
many years, and the remaining portions of land not included in this development are intended to
remain as a golf course.
A master plan application is the applicant’s first step in the subdivision approval process.
The purpose of the master plan application process is to present the general concepts for the
project, with the intention of providing in-depth information about the project later on in their
development plan submission so that the Planning Board can assess the merits and/or concerns of
the project’s technical congruence within the requirements set forth by the Town Ordinance.
D. Policy Issues
The subject parcel is zoned MR-MU. Single family residential and duplexes are a
permitted use by right in the MR-MU zoning district. Each lot has the required minimum area of
30,000 square feet per unit; lots for duplexes would need to be a minimum of 60,000 square feet
under this requirement. The entrances for the subdivision are planned for the same entrances
along Haywood Rd. According to the engineer, the lots will be on public water and private
septic.
In order to be considered a complete application, the applicant must meet all of the
applicable requirements. The initial staff review finds that the applicant does meet all of the
applicable requirements for a master plan. There are, however, concerns in regards to this
development that may have a peripheral impact on the Board’s consideration of this project.
There is pending litigation that calls into question the legitimacy of decisions made by the
High Vista HOA since the late 1990’s. The lawsuit questions whether the HOA had the correct
authority to make decisions because of a technical flaw in a bylaw adjustment. This includes the
decision of the HOA to sell the property in question to the current owners. Should the
complainants prevail in this lawsuit, there is potential that the title of this property would come
into question.
The applicant has been in contact with NCDOT and seems to be in accordance with all of
their requirements. Natalie Berry with the County did not require a review. Discussion with City
of Hendersonville water confirm preliminary availability for the project. Seth Swift has had
preliminary conversations about the use of septic on this project, and has no concerns at this
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stage. Rick Livingston with Mills River Fire and Rescue had no significant concerns on this
stage of the project.
E. Staff Recommendation
The application and master plan meet the requirements for approval. Staff deems this site
is a good fit for a residential subdivision by all technical standards. This area of town has access
to public water, and septic appears to be feasible. It is surrounded by residential use already.
Due to the pending litigation, however, there remains the question of if the current owner
will retain the authority to possess, and therefore develop, this property.
Staff’s recommendation is to approve the proposed master plan, on the condition that all
questions of title be resolved before the Board will hear a proposal for a development plan.
If approved, this would be the Planning Board’s first review of the subdivision plan;
approval allows the applicant to begin development planning, which would require a separate
review by the Planning Board.
F. Attachments
1. Application
2. Proposed Master Plan
3. Zoning Map
4. Aerial Map
5. Adjoining Property Owners
6. Public Input
[Copies of the attachments to the Staff Report are attached to these original minutes (pg. 6) and
are incorporated herein by reference.]
Once the floor was opened for questions for Mr. Wells, Planning Board member Dennis
Wilson asked Mr. Wells to explain the role of the Planning Board as an administrative board.
Mr. Wells stated the Planning Board’s role is to look at the master plan as presented and consider
whether or not it meets all criteria in the Town’s Zoning Code. If it does, then the Board must
approve it.
As there were no more questions for Mr. Wells at that time, the applicant was recognized
to present their request for approval of a master plan. Scott Bolyard referred to a map of the
property including the proposed development and the surrounding homes and golf course
clarifying the orientation. He explained they are going through the master plan process due to
the community’s concerns and opposition to growth. High Vista Finance asks for tentative
approval to go ahead with the development plan. He then took a few questions from the
audience before being reminded this is a Planning Board meeting and not a community meeting
for the High Vista Homeowners.
Denise Librizzi spoke next for the applicant stating the High Vista community has a need
for more modern and smaller homes for residents to downsize into.
Craig Justice also spoke for the applicant. Mr. Justice is an attorney with Van Winkle
Law Firm and talked about the process and the difference between an administrative decision
and a quasi-judicial decision stating the Planning Board’s role is to check boxes as to compliance
with the zoning ordinance. He is representing High Vista Finance and believes the master plan
complies with all of the rules for this conceptual stage. He asked the Board to approve the plan.
Planning Board member Sherri Hill is frustrated because the proposal checks all the
boxes and the Board must approve it, but she personally is against it. Ryan Perry agreed with
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Ms. Hill and suggested High Vista has a problem and divide, and that the community needs to
come together and find a way to support the golf course. Dennis Wilson also agreed with Ms.
Hill and Mr. Perry adding that both sides are trying to find a way to save the golf course. He
recommended they set up a maintenance fund.
Chairman Brian Kimball asked if there were any questions for the applicant. As there
were none, he called for a motion. Randy Austin made a motion to approve the High Vista
Finance LLC master plan as presented. Carolyn Moore seconded the motion and it passed by
unanimous verbal assent. Chairman Kimball commented that the High Vista community needs
to make an agreement and solve the litigation.
Additional Items
Mr. Wells noted Council approved the zoning ordinance amendment summary as
presented and a public hearing will be set at the next Council meeting for November 8. The
Nuisance ordinance summary was moved to the October 11 meeting, and the engineering and
design of a baseball/softball field was approved and is moving forward.
Ms. Powell noted the next meeting date is on Tuesday, November 6 and coincides with
Election Day. Mr. Wells added there is nothing on the Agenda for that meeting and the deadline
for submittals for that Agenda has passed. Carolyn Moore made a motion to cancel the
November 6 meeting, it was seconded by Matt Holloway and passed by unanimous verbal
assent.
As there was no further business to discuss, Sherri Hill made a motion to adjourn the
meeting. Brian Kimball seconded the motion and the motion passed by unanimous verbal assent.
Respectfully submitted,
Susan L. Powell, MMC, NCCMC
Town Clerk/Finance Officer
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James Goodnight
James Goodnight – Page Two
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James Goodnight – Road Agreement
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James Goodnight – Road Agreement
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James Goodnight – Road Agreement
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James Goodnight – Road Agreement
James Goodnight – Road Agreement
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James Goodnight – Road Agreement
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James Goodnight – Road Agreement
James Goodnight-Road Agreement
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James Goodnight-Road Agreement
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James Goodnight – Road Agreement
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James Goodnight- Road Agreement
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James Goodnight – Road Agreement
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James Goodnight – Road Agreement
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James Goodnight – Road Agreement
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James Goodnight – Road Agreement
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James Goodnight - Road Agreement
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James Goodnight – Road Agreement
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James Goodnight – Road Agreement
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John and Suzanne Dorsey
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Linda Zumstein
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Linda Zumstein – Page Two
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Linda Zumstein – Page Three
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Linda Zumstein – Attachment
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Linda Zumstein - Attachment
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Linda Zumstein – Attachment
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David Walker
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David Walker – Attachment
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David Walker – Attachment
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Debra Campbell
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Debra Campbell – Page Two
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Debra Campbell – Page Three
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Tom Knost
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Tom Knost – Page Two
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Tom Knost – Page Three
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Tom Knost – Page Four
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Tom Knost – Page Five
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Tom Davis
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Ted Campbell
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Ted Campbell – Page Two
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Ted Campbell – Page Three
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Ted Campbell – Page Four