Planning Board Meeting

Town of Weaverville Planning Board Regular Monthly Mee�ng Tuesday, January 2, 2024, 6:00pm Agenda Pg# 1. Call to Order ………………………………………………………………… Chairman Pace 2. Adop�on of Agenda ……………………………………………………….. Chairman Pace 3. Regular Mee�ng Schedule Amendment, June Mee�ng…..... 2 Town Clerk Mercer 4. Approval of the Minutes – 12/5/2023 Regular Mee�ng …… 3 Chairman Pace 5. Windsor Built Reems Creek Village Major Subdivision……… 6 Planning Director Eller 6. Adjournment …………………………………………………………………. Chairman Pace 1  TOWN of WEAVERVILLE 2024 Council and Boards meeting schedule Meeting Type recurring day Time January February March April May June Town Council Workshop 3rd Tuesday 6:00 PM 1/16/24 2/20/24 3/19/24 4/16/24 *5/14/2024 6/18/24 Town Council Planning Retreat OR Budget 9:00 AM 1/20/24 6/4/24 TC PH notice deadline by 2:30 pm 1/5/24 2/9/24 3/8/24 4/5/24 5/10/24 6/7/24 Town Council Meetings 4th Monday 6:00 PM 1/22/24 2/26/24 3/25/24 4/22/24 *5/20/24 6/24/24 Planning Board 1st Tuesday 6:00 PM 1/2/24 2/6/24 *3/7/2024 4/2/24 5/7/24 *6/6/2024 Board of Adjustment 2nd Monday 6:00 PM 1/8/24 2/12/24 3/11/24 4/8/24 5/13/24 6/10/24 ABC Board 1st Wed. Quarterly 10:00 AM 3/6/24 6/5/24 Meeting Type recurring day Time July August September October November December Town Council Workshop 3rd Tuesday 6:00 PM 7/16/24 8/20/24 9/17/24 10/15/24 *11/12/2024 *12/10/2024 TC PH notice deadline by 2:30 pm 7/5/24 8/9/24 9/6/24 10/11/24 11/1/24 11/29/24 Town Council Meetings 4th Monday 6:00 PM 7/22/24 8/26/24 9/23/24 10/28/24 *11/18/2024 *12/16/2024 Planning Board 1st Tuesday 6:00 PM 7/2/24 8/6/24 9/3/24 10/1/24 *11/7/2024 12/3/24 Board of Adjustment 2nd Monday 6:00 PM 7/8/24 8/12/24 9/9/24 10/14/24 *11/14/2024 12/9/24 ABC Board 1st Wed. Quarterly 9/4/24 12/4/24 Town Council Workshops are generally held the 3rd Tues. of month at 6:00 p.m. Town Council Regular Meetings are generally held the 4th Mon. of month at 6:00 p.m. Planning Board Meetings are generally held the 1st Tues. of month at 6:00 p.m. Board of Adjustment Meetings are generally held the 2nd Mon. of month at 6:00 p.m. ABC Board 1st Wed. Quarterly at 10:00 a.m. * Adjusted date due to holiday or other conflict Election Day- November 5, 2024 2  Town of Weaverville Planning Board Meeting Minutes – Tuesday, December 5, 2023 The Planning Board of the Town of Weaverville met for a regularly scheduled monthly meeting at 6:00pm on Tuesday, December 5, 2023. Present: Chair Bob Pace, Vice Chair Jane Kelley and Board Member Mark Endries, and alternate member Ryan Gagliardi attended as a voting member. Town Manager Selena Coffey, Town Attorney Jennifer Jackson, and Planning Director James Eller, and Town Clerk Tamara Mercer. Absent: Donna Mann Belt, Stephanie Pupkiewicz Busch, and Michelle Rippon. 1. Call to order Chairman Pace Chairman Pace recognized Ryan Gagliardi as a voting member. 2. Adoption of Agenda Chairman Pace declared the agenda approved without objection. 3. Adoption of 2024 Meeting Schedule Calendar Chairman Pace declared the 2024 Planning Board meeting schedule approved without objection. 4. Approval of the Regular Meeting Minutes October 3, 2023 Mr. Gagliardi moved to approve the minutes of October 3, 2023, as presented. 4-0 Carried unanimously. 5. Fee in Lieu of Sidewalk Construction Planning Director Eller reviewed a proposed fee in lieu sidewalk program. Mr. Eller explained the sidewalk waiver procedure if a project cannot include sidewalks or if adding a sidewalk does not add any connectivity. Currently a project developer would apply to the Board of Adjustment to be granted a waiver in order to not build a sidewalk and may be granted if the new sidewalk construction would not have meaningfully added to the pedestrian network. The current waiver process does not generate revenue to add to the sidewalk network in other locations. The fee in lieu program would allow the Town to collect funds for construction of sidewalks to add to the pedestrian sidewalk system and was recommended in the Active Weaverville Bike/Ped Plan. 3 Amendments to Chapter 20 are necessary to add the new provisions to implement the fee in lieu of sidewalks and to remove the sidewalk waiver language currently in the code. The approval process as presented involves a staff level review and Town Council’s review and approval, but no Planning Board or Board of Adjustment review or approval. There was a question-and-answer period regarding zoning and permitting, measuring standards, civil engineer costs and calculations, price per the standard for linear footage, and Public Works procedures and fee charges. Mr. Eller indicated that some additional language needs to be struck from Code Section 2-165 to remove sidewalk waivers from the Board of Adjustment duties, as well as what was presented in the packet. Ms. Kelley moved to recommend the Code Amendments as amended to implement the Fee in Lieu of Sidewalk Construction program with favorable findings as it is reasonable and consistent with the Comprehensive Land Use Plan. Carried unanimously 4-0 6. Conservation Subdivision Planning Director Eller presented the proposed conservation subdivision ordinance to enact regulations concerning open space, greenway dedication and conservation measures consistent with the Comprehensive Land Use Plan (CLUP). Chairman Pace noted that the tree preservation topic would be addressed separately at another meeting. Mr. Eller reviewed the timeline and deliberations for implementing a conservation subdivision concept into the language of code requirements. He explained zoning districts, density, setbacks, dwelling placement, and incentives that recognize these open spaces to include additional conservation requirements. There was a question-and answer period regarding the permitting process, minor and major subdivision definitions, to which Mr. Eller clarified that the proposed language for a conservation subdivision would only apply to major subdivisions over a certain number of lots. Deliberations continued regarding density, acreage, subdivision review procedures, zoning and open space criteria and to lower the threshold to meet the criteria for open space conservation. In response to Ms. Kelley’s inquiry, Mr. Eller agreed that staff can lower the threshold, as this can be adjusted. He said the last single-family home subdivision included 21 lots. For example, 300 Hamburg Mountain Road will be a 35-lot subdivision, if these regulations could be in place, Mr. Eller said we can encourage conservation within the code adding greater open space requirements. There was a general consensus of the Planning Board members to lower the criteria of the lot requirements. Attorney Jackson reviewed the proposed language, noting that it could be lowered to 25-lots. Mr. Endries had several concerns and suggestions to revise the definitions for “primary conservation areas” and “secondary conservation areas”. Mr. Endries questioned the ‘farmland’ definition as intensive farmland use can be disruptive to aquatic stream and creek systems due to fertilizers and pesticides. He suggested either striking the farmland provision or editing it to just pastures, meadows and organic non-herbicide farming for conservation subdivisions to meet the open space goals. 4 Primary and Secondary Conservation Areas were discussed further by Mr. Eller who explained the requirements for floodplain areas, slopes and grades. Attorney Jackson said Staff will include the definition for passive recreation and active recreation in Sec. 20-1202 and use the NC State University “Conservation Subdivision Handbook” as a guide for those added definitions. There was a discussion regarding accessibility of open space areas and whether a developer allows frontage to the recreation areas or open space areas and whether it should be mandated. It was suggested that sections 20-2309 (4) & (5) should be combined. Chairman Pace reviewed and restated the proposed revisions as follows: (1) modify the threshold from 30 lots to 25 lots under Conservation Subdivision standards, (2) add “active recreation” and “passive recreation” definitions, (3) eliminate Sec. 20-2309 (a) (7) and 20- 2309(a)(4); and (4) modify the definition of “conservation area, primary” to include #2 and #4 from secondary, move #3 from primary to secondary, and combine the provisions regarding slope within the “conservation area, secondary” definition. Mr. Endries made a motion to recommend the Code Amendments to implement the conservation subdivision provisions with amendments as revised and to adopt finding that the revised amendments are consistent with the Comprehensive Land Use Plan and reasonable. Carried 4-0 Unanimously. 7. Facilitated Listening Session: Let’s Talk About Short-term Rentals Chairman Pace stated at 6:50 p.m., the Planning Board would take a five-minute recess after which, Ms. Kayla DeCristina, Land of Sky Regional Council Planner, would facilitate a listening session on the topic of Short-term Rentals. At 7:00 p.m. Ms. DeCristina reviewed statistics and demographics of short-term rentals in the Weaverville jurisdiction. As of November 2023, per Jon Beck, Land of Sky Regional Council’s GIS Manager, there are 85 active short-term rentals (i.e. live listings) within the Town of Weaverville municipal boundary. 91.76% of the listings are for the entire home/apartment, 7.06% are for private rooms, and 1.18% are for hotel rooms stated Ms. DeCristina. Ms. DeCristina reviewed the definition of a short-term rental which is typically under 30-day stays but can be less than 6-months as well as whole-house versus private rooms rentals. There was approximately one hour listening session wherein citizens commented on and discussed their experiences with short-term rentals both as homeowners who rent short-term rentals and homeowners who live in close proximity to short-term rentals. 8. Adjournment. Without objection Chairman Pace adjourned the Planning Board meeting at 8:05 p.m. ATTEST: ________________________________ Tamara Mercer, Town Clerk 5  TOWN OF WEAVERVILLE PLANNING BOARD AGENDA ITEM Date of Meeting: Tuesday, January 2, 2023 Subject: Windsor Built Reems Creek Village Major Subdivision Presenter: Planning Director Attachments: Sec. 20-2203 Process for Review of Major Subdivisions, Application and Preliminary Plans for Windsor Built Reems Creek Village Major Subdivision, Technical Review Committee Report and Recommendation Description: As you will see, the attached major subdivision proposes to create thirty five lots from the existing parcel commonly known as 300 Hamburg Mountain Road. Each lot, once platted, will be for the purpose of housing a single family dwelling. The property was annexed into municipal limits on November 20, 2023 and ascribed the R- 3 zoning district upon annexation. The technical review committee has reviewed the proposal and offered comment to the engineering firm who prepared the plans. On December 20, 2024 the technical review committee found the preliminary plans fully compliant with various sections of municipal ordinance and relevant federal and state laws, rules and regulations. Action Requested: A motion establishing the approval of the preliminary plans for Windsor Built Reems Creek Village major subdivision. 6 Sec. 20-2203. Process of review of major subdivisions. (a) Submission of application and preliminary plan. All applications for development of a major subdivision shall be submitted to the subdivision administrator at Weaverville Town Hall. The subdivision administrator shall determine if the application is complete and notify the subdivider of any deficiencies. Once the application is deemed complete, the subdivision administrator will schedule review of the application by the technical review committee. The application should include a water commitment application if the subdivider intends to extend the public water system of the town. The application should include a public street commitment application if the subdivider intends for the streets to be included within the town's public street system. (b) Review of preliminary plan (and town public water/street commitment applications) by technical review committee and others. The technical review committee shall review all major subdivisions and preliminary plans, and plan revisions if necessary, for compliance with planning and development regulations applicable to major subdivisions. If town public water and/or street commitment application are part of the subdivision application, the technical review committee shall review them and provide a report and recommendation to town council on those requests. If state streets or highways are proposed the request must be submitted to the NCDOT district highway engineer for review and recommendation. If private water wells or septic systems are proposed, the request must be submitted to the Buncombe County Health Director for review and recommendation. If public sewer is proposed, the request must be submitted to MSD for review and recommendation. (c) Review and action on town water commitment and/or public street commitment. Any public water commitment or public street commitment applications shall be forwarded to town council for review and action. Depending on the action taken by town council, plan revisions may be necessary. (d) Report and recommendation of technical review committee. Based on its findings during its review and actions taken by the town concerning public water commitment and/or public street commitment, the technical review committee shall prepare and submit to the planning board a report and recommendation concerning the major subdivision application and the preliminary plan. (e) Review of preliminary plan by the planning board. The planning board shall review all major subdivisions and preliminary plans for compliance with planning and development regulations applicable to major subdivisions. (f) Approval of preliminary plan. The planning board shall approve the preliminary plan once it is found compliant with the planning and development regulations of the town for major subdivisions. The planning board has 90 days from first consideration to approve or deny a preliminary plat. If the planning board has failed to act within that time period the preliminary plat shall be deemed approved. (g) Submission of certain construction drawings and supporting documentation. The subdivider shall submit engineer-sealed construction drawings and supporting documentation for required improvements related to the major subdivision as a whole, or for each phase which has achieved preliminary plan approval. The public works director or their designee, in conjunction with the technical review committee or their designees, shall review and approve or recommend approval of the construction drawings for all water system improvements intended to be conveyed to the town and all roads intended to be dedicated to the town as public streets. Construction drawings for sanitary sewer improvements must be provided to MSD. (h) Installation of required improvements. Upon approval of the preliminary plan, and not before, the subdivider may proceed with the installation for required infrastructure in accordance with the approved preliminary plan and construction plans submitted. Prior to the approval of a final plat, the subdivider shall have installed the required infrastructure improvements. Required infrastructure shall be installed within 18 months of approval of the preliminary plan or phase of a preliminary plan. Otherwise, the planning board shall have the authority to grant up to an additional 12 months for completion of the infrastructure for good cause shown. Created: 2023-07-20 15:22:42 [EST] (Supp. No. 21) Page 1 of 2 7 (i) Submission of final plat and supporting documentation. Upon completion of the required improvements, the subdivider shall prepare and submit a final plat and supporting documentation to the subdivision administrator. The subdivision administrator shall determine if the final plat is complete and the supporting documentation evidences the completion of the required improvements, and notify the subdivider of any deficiencies. Once the final plat and supporting documentation is deemed complete, the subdivision administrator will schedule review of the final plat by the technical review committee. (j) Review of final plat by technical review committee. The technical review committee shall review the final plat and supporting documentation, and plat revisions as necessary, for substantial compliance with the approved preliminary plan and with planning and development regulations for major subdivisions. (k) Approval of final plat. The planning director, or their designee, shall approve the major subdivision final plat once it is found compliant by the technical review committee. The planning director, or their designee, shall have 30 days from a fully complete final plat submission within which to approve or deny the final plat. Failure to take such action within this time period will be deemed an approval of the plat. (l) Recordation of final plat. The final plat of the major subdivision must be recorded, at the subdivider's expense, in the Buncombe County Register of Deeds within 60 days of final plat approval otherwise said approval shall be null and void. A copy of the recorded final plat must be provided to the subdivision administrator or zoning administrator prior to the issuance of any zoning permits. Access easements and road maintenance agreements must be recorded prior to or contemporaneously with the final plat. (m) Issuance of zoning permits. No zoning permits authorizing work on the property can be issued by the zoning administrator prior to a copy of the recorded final plat being submitted to the subdivision administrator or zoning administrator. (n) Town action on acceptance of town public water and/or public streets dedication. Improvements installed within rights-of-way or easements including but not limited to utility lines, streets, drainage facilities or sidewalks pursuant to public commitments approved by town council, may be accepted for maintenance by the town upon approval by town council. ( Ord. of 5-24-2021(1) , § 5) Created: 2023-07-20 15:22:42 [EST] (Supp. No. 21) Page 2 of 2 8 9 10 11 12    9 13  WGLA ENGINEERING, PLLC 724 5th AVENUE WEST HENDERSONVILLE, NC 28739 (828) 687-7177 WGLA.COM NC LICENSE P-1342 Windsor Built Reems Creek Village Buncombe County North Carolina 14 Preliminary Not For Construction R Know what's PROJECT NUMBER: 23129 DATE: 10/23 Preliminary Subdivision Plan C-200 SCALE: 1'=60' F:\USERS\Will\projects\Winsor Built - Reems Creek Village\dwg\C-200 Site Plan.dwg, 12/12/2023 3:05:49 PM, 1:60  WGLA ENGINEERING, PLLC 724 5th AVENUE WEST HENDERSONVILLE, NC 28739 (828) 687-7177 WGLA.COM NC LICENSE P-1342 Windsor Built Reems Creek Village Buncombe County North Carolina 15 Preliminary Not For Construction R Know what's PROJECT NUMBER: 23129 DATE: 10/23 Preliminary Storm Water Plan C-400 SCALE: 1"=60' F:\USERS\Will\projects\Winsor Built - Reems Creek Village\dwg\C-400 Stormwater.dwg, 11/27/2023 12:35:09 PM, 1:60  WGLA ENGINEERING, PLLC 724 5th AVENUE WEST HENDERSONVILLE, NC 28739 (828) 687-7177 WGLA.COM NC LICENSE P-1342 Windsor Built Reems Creek Village Buncombe County North Carolina 16 Preliminary Not For Construction R Know what's PROJECT NUMBER: 23129 DATE: 10/23 Preliminary Water System Plan WM C-500 SCALE: 1"=60' F:\USERS\Will\projects\Winsor Built - Reems Creek Village\dwg\C-500 Water.dwg, 12/12/2023 3:26:19 PM, 1:60  WGLA ENGINEERING, PLLC 724 5th AVENUE WEST HENDERSONVILLE, NC 28739 (828) 687-7177 WGLA.COM NC LICENSE P-1342 Windsor Built Reems Creek Village Buncombe County North Carolina 17 Preliminary Not For Construction R Know what's PROJECT NUMBER: 23129 DATE: 10/23 Preliminary Sanitary Sewer Plan C-600 SCALE: 1"=60' F:\USERS\Will\projects\Winsor Built - Reems Creek Village\dwg\C-600 Sewer.dwg, 11/27/2023 12:37:25 PM, 1:60  TOWN OF WEAVERVILLE TECHNICAL REVIEW COMMITTEE REPORT I & II Project: 300 Hamburg Mountain Major Subdivision Date: Wednesday, December 6, 2023; 1:00pm / Wednesday, December 20, 2023; 2:00pm Location: Town Hall Conference Room / Public Works Conference Room Staff: Planning Director, James Eller; Public Works Director, Dale Pennell; Fire Marshal, Kile Davis. Contact: William Buie, WGLA Engineering Comment Dept: Comment: Sheet #: 1 PLN Application found complete and eligible for progression to the Application technical review committee. 2 PLN Dimensional requirements for each lot within the subdivision found C-200 compliant with the standards of the R-3 zoning district applicable to the property. 3 PLN Flag lot standards found at Sec. 20-2308 and appliable to lot 21, found C-200 compliant. 4 PLN Sidewalks required by Sec. 20-2404(b) for major subdivision found C-200 compliant. 5 PLN/PW Roads within the subdivision are labeled as private. Therefore, no C-200 public street commitment approval required as per Sec. 20-2203(b)(c). 6 FD As roads are shown as private, they may be gated for private access if desired. Should the development be gated, please provide location of gate and details so emergency vehicle access can be reviewed. Amended 12.20.23, compliant. 7 PLN/PW Water commitment application approved, contingent upon annexation of the subject property, by Town Council on October 23, 2023. Annexation of the subject property approved by Town Council on November 20, 2023. 8 PW Provide 20’ easement on the property line splitting lots 23 & 24 for potential future waterline extension. Amended 12.20.23, compliant. Page 1 of 2 18 9 FD/PW Reposition hydrants 2 & 3, from Reems Creek Road, to the north to C-500 accomplish 500 foot spacing requirement. Amended 12.20.23, compliant. 10 FD Cul-de-sac radius found compliant. C-200 Following a review of the application and preliminary plans for a proposed major subdivision to be located on the property commonly known as 300 Hamburg Mountain Road, the Town of Weaverville Technical Review Committee submits these conclusions to the Planning Board for review at their regularly scheduled meeting on Tuesday, January 2, 2024. As per section 20-2203 Process of Review of Major Subdivisions, the technical review committee is offering a favorable recommendation to the Planning Board for approval of the preliminary plans for Windsor Built Reems Creek Village based upon the finding of compliance with various sections of municipal ordinance and relevant federal and state laws, rules and regulations. Submitted on behalf of the Technical Review Committee, James Eller Planning Director, Town of Weaverville Page 2 of 2 19