town of mills river · austin, carolyn moore, matt holloway, sherri hill, jim foster, and dennis...

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