1.  Welcome / Call to order – Steve Brown - at 6:05 pm Steve called the meeting to order.

     2.  Admin Items – Steve

        Roll Call – Planning Board members attending:  Steve Brown, Lee Budahl, Nilofer Couture, and Jack Brown

        Planning Board Liaison – Clark Corwin

        Professional Planner – Kristy Carter

        Public:  Kolleen Begley, Robert Rowland, Debbie Rowland, and Betty Pressley 

        Absent:  Jayne Buchanan

     3.  Approval of Minutes:  Steve announced that approval of the minutes distributed from March, April, May, and June needed to be approved.  Lee made a motion to approve the meeting minutes for March, April, May, and June, unanimously agreed.

     4.  Approval of Agenda:  Kristy recommended that items on the agenda be reversed in number, Lee made a motion to accept the amended agenda, unanimously agreed.

     5.  Public Comments:  None

     6.  Zoning Ordinance Items – Steve asked that Kristy go over the report of items for the Public Hearing to revise and clarify regulation and add new regulations.

         Summary Statement: The proposed ordinance changes would revise and clarify existing regulations and add new regulations.  This staff report contains three types of changes: technical corrections, amended standards, and new standards.

 Item one:  A public hearing to recommend wording and amendments to create Article 600 – Conditional Zoning Standards in the VFH Zoning Ordinance.   

Article 600 – Conditional Zoning Standards 

Section 601. Purpose.  Conditional Zoning Districts are created for the purpose of providing an optional rezoning choice where the owner of property proposes to rezone property and, in order to, among other reasons, carry out the purposes of the Village of Forest Hills Guiding Land Use Plan, proposes to impose special limitations and conditions on the use of the property proposed for rezoning, or desires increased flexibility in the use and/or development of the property.

Conditional Zoning Districts are zoning districts in which the development and use of the property is subject to predetermined Ordinance standards and the rules, regulations, and conditions imposed as part of the legislative decision creating the district and applying it to each individual development project.

For each General Use Zoning District, there is a corresponding Conditional Zoning District (CD) which corresponds to each of the districts authorized by Article 200 as follows: R-1-CZ, R-1-A-CZ, R-2-CZ, R-3-CZ, R-4-CZ, M-1-CZ, and P-1-CZ.

Certain types of zoning districts would be inappropriate at certain locations in the absence of special conditions. Some land uses are of a nature or scale that may have significant impacts on both the immediately surrounding area and the entire community, which cannot be predetermined or controlled by general district standards. There are also circumstances in which a general use district designation allowing such a use by right would not be appropriate for a particular property though the use could, if properly planned, be appropriate for the property consistent with the objectives of these regulations, the adopted Village of Forest Hills Guiding Land Use Plan, and adopted district.

Conditional Zoning (CZ) Standards Staff Recommendation: Staff recommends approving the wording amendment to add Article 600 – Conditional Zoning Standards, its purpose statement, review process, process for approval, and additional information review to the zoning ordinance. CZ standards will provide the VOFH with the ability to balance the needs of and vision for the Village with the needs of property owners by providing a process to identify mutually agreed upon development solutions.

Nilofer made a motion to approve the wording amendments to create Article 600 – Conditional Zoning Standards, and find that the request is reasonable, is in the public interest, and is consistent with the Guiding Land Use plan in that the amendment, unanimously approved.

Item two:  A public hearing to recommend wording amendments to create Article 700 – Design Review in the VFH Zoning Ordinance.

Design Review Staff Recommendation: Staff recommends approving the wording amendment to add Article 700 – Design Review, its purpose statement, applicability statement, design review process, and architectural design standards to the zoning ordinance. Design review help create a sense of place and cohesion, particularly as it applies to the entrance to the Village.

Landscaping and Buffering Standards Staff Recommendation: Staff recommends approving the wording amendment to add Article 800 – Landscaping and Buffering Standards, its purpose statement, applicability statement, and landscape plan requirements. Landscaping and buffering standards minimize the effects resulting from adjoining and incompatible land uses and add to the amount of green space throughout the community. Additionally, landscaping and buffering standards, especially when native plantings are required, add to the Village’s effort to maintain and enhance the environment.

Guiding Land Use Plan Consistency Statements

Collectively, the proposed article amendments, when applied to new development, have the potential to touch on each goal area in the Guiding Land Use Plan. The amendments are consistent with the Guiding Land Use plan in that they:

• Offer a Greater Variety of Housing Options in the Village to Meet the Evolving Needs of Aging Residents and Potential Homebuyers,
• Preserve the Open Space and Natural Character of the Village,
• Ensure that New Development Contributes to a Sense of Place and Community in the Village, and
• Develop a Network of Greenways and Sidewalks to Connect Village and Nearby Destinations.

Lee made a motion to approve the wording amendments to create Article 700 – Design Review, and find that the request is reasonable, is in the public interest, and is consistent with the Guiding Land Use Plan in that the amendment ensures that new development contributes to a sense of place and community in the village, unanimously accepted.

Item three:  A public hearing to recommend wording amendments to create Article 800 – Landscaping and Buffering Standards to the VFH Zoning Ordinance.

Article 800 – Landscaping and Buffering Standards

Section 801. Purpose.  The abundant and diverse tree and vegetative cover found in the Village of Forest Hills contributes to the aesthetic quality of the community and provides numerous economic and ecological benefits. The landscaping and buffering standards set forth below require landscaping between dissimilar uses, along streets and roads, and in parking areas in order to:

1)      Encourage the preservation of existing trees and vegetation and replenish removed vegetation.

2)      Maintain and improve the visual quality of Forest Hills and minimize potential negative impacts of development such as noise, dust, glare of lights, parking lots, heat, and odor.

3)      Provide a transition between dissimilar land uses, to protect abutting properties from potential negative impacts of neighboring development, and preserve the character and value of a property and provide a sense of privacy.

4)      Improve standards for quantity, location, size, spacing, protection, and maintenance of plants to assure a high level of quality in the appearance of Forest Hills while allowing flexibility to promote well designed and creative landscape plantings.

5)      Provide environmental benefits such as climate modification, decreased energy consumption, reduced storm water run-off, decreased erosion, improved water and air quality, and protection of wildlife habitat.

Article 800 – Landscaping and Buffering Standards newly applies to Section 204. R-3 Rural Residential District, Section 205. R-4 Rural Residential District, and Section 206. M-1 Motel District.

Landscaping and Buffering Standards Staff Recommendation: Staff recommends approving the wording amendment to add Article 800 – Landscaping and Buffering Standards, its purpose statement, applicability statement, and landscape plan requirements. Landscaping and buffering standards minimize the effects resulting from adjoining and incompatible land uses and add to the amount of green space throughout the community. Additionally, landscaping and buffering standards, especially when native plantings are required, add to the Village’s effort to maintain and enhance the environment.

Lee made a motion to approve the wording amendments to create Article 800 – Landscaping and Buffering Standards, and find that the request is reasonable, is in the public interest, and is consistent with the Guiding Land Use plan in that the amendment:

• Preserves the Open Space and Natural Character of the Village,
• Ensures that New Development Contributes to a Sense of Place and Community in the Village, and
• Develops a Network of Greenways and Sidewalks to Connect Village and Nearby Destinations.

    Motion was unanimously accepted.

Item four:  A public hearing to recommend technical changes related to the ordinance’s table of contents, typographical errors, board of adjustment voting standards, addition of planning staff definition, and creation of a placeholder section for the potential mixed use district.

Technical Corrections: It is common for zoning ordinances to contain errors or need minor technical changes.  The technical changes included with this set of zoning ordinance amendments include:

a)      Changes to the Table of Contents to account for section renumbering throughout the ordinance, various renumbering amendments, and various new and updated cross reference amendments.

b)      A minor typographical correction in Section 902.D (“thereof” to “thereof”).

c)       Revision to the Board of Adjustment language to reflect a simple majority vote for administrative appeals rather than a 4/5 vote (Section 902.E), per NC General Statues pertaining to Boards of Adjustment (§ 160A-388).

d)      Add a definition for Planning Staff to define references to “planning staff” throughout the ordinance (Section 1202. Individual Words or Terms).

e)      Identifies a placeholder for Section 208 for the potential mixed use district that is currently under study.

Technical Corrections Staff Recommendation: Staff recommends approval of the technical corrections as the amendment provides consistency throughout the ordinance and brings the ordinance into compliance with NC General Statutes. 

Technical Corrections Consistency with the Guiding Land Use Plan: The VOFH’s Guiding Land Use Plan does not contain a goal specifically addressing technical wording amendments, however, these technical amendments are necessary and are a typical municipal land use planning practice. 

Nilofer moved to approve the revised wording amendments to the Village of Forest Hills Zoning ordinance, including changes to the table of contents, re-numbering and cross referencing throughout the ordinance, a minor typographical correction in Section 902.D, and a Board of Adjustment change to amend appeal voting requirements from a 4/5 vote to a simple majority as directed by NC General Statutes, and addition of the Planning Staff definition. I find that the requests are reasonable, are in the public interest, and are consistent with the municipal land use planning practice, unanimously agreed.

Item five:  A public hearing to recommend reducing the minimum lot sizes in the R-1, R-1-A, and R-2 districts from a two-acre minimum to aa minimum ½ acre if the lot is served by public water and sewer or a minimum 1 acre if served by a well or septic system, and reduce minimum lot sizes in the R-3 and R-4 districts from a 1-acre minimum lot size to a minimum ½ acre lot size if served by public water and sewer or minimum 1-acre lot size if served by well or septic.

Changes to Minimum Lot Size in various sections.  After much discussion between the planning board and Village Council, the following amendments are recommended to reduce minimum lot size requirements in Forest Hills’ residential district 

Lot Size Amendment Staff Recommendation:  Staff recommends approval of the minimum lot size reductions in Forest Hills residential districts.  Not only are the amendments consistent with the Guiding Land Use Plan, but smaller lot sizes are consistent with development patterns in other Western North Carolina towns and existing Village land development patterns, and they provide greater opportunity for development which has been lacking in the Village for many years.

Lot Size Amendment Consistency with Guiding Land Use Plan: Reduction in minimum lot size from two acres to one acre is consistent with the Village of Forest Hills Guiding Land Use Plan in that it meets the following goal area: “Offer a Greater Variety of Housing Options in the Village to meet the Evolving Needs of Aging Residents and Potential Homebuyers.”

Lee made a motion to approve the revised wording amendments to reduce minimum lot sizes in the R-1, R-1-A, and R-2 districts from a two-acre minimum to a minimum ½ acre if the lot is served by public water and sewer or a minimum 1 acre if served by a well or septic system, and reduce minimum lot sizes in the R-3 and R-4 districts from a 1 acre minimum lot size to a minimum ½ acre lot size if served by public water and sewer or minimum 1 acre lot size if served by well or septic. I find that this amendment is reasonable, is in the public interest, and is consistent with the following goal from the Village of Forest Hills Guiding Land Use Plan: “Offer a Greater Variety of Housing Options in the Village to meet the Evolving Needs of Aging Residents and Potential Homebuyers.”  Motion was unanimously accepted.

Item six:  A public hearing to recommend wording amendments found in sections 207, Professional Office District, and 506, Planned Unit Developments, to remove existing standards and provide references to the new standards in Articles 700, Design Review, and 800, Landscaping and Buffering, of the ordinance.=

Changes to existing requirements in various sections. With the new landscaping and design standards (addressed in later sections), it is necessary to amend existing landscaping and buffer standards.  The changes are as follows:

Section 207. P-1 Professional Office District, Item H: Removes existing buffer standards and refers to Article 800 Landscaping and Buffering Standards of the ordinance and changes the term “buffer” to “buffer yard”.

Section 506. Planned Unit Developments, Item D: Design Requirements, Numbers 9 and 10: Removes existing landscape planning and buffer language and refers to Article 800 Landscaping and Buffering Standards of the ordinance and changes the term buffer to buffer yard. Number 13: Removes existing design language and refers to Article 700 – Design Review of the ordinance.

Changes to existing requirements in various sections staff recommendation. Staff recommends approval to existing landscaping and buffering standards and design review as the amendments provide consistency throughout the ordinance.  Amending existing buffering and landscaping standards meets the goal in the Guiding Land Use Plan to preserve open space and the natural character of the Village. Buffering and landscaping standards provide separation between uses to minimize the negative effects of incompatible land uses.   Incorporating design review meets the goal to ensure that new development contributes to a sense of place and community in the Village.

Nilofer made a motion to approve the revised wording amendments found in sections 207, Professional Office District, and 506, Planned Unit Developments, to remove existing standards and provide references to the new standards in Articles 700, Design Review, and 800, Landscaping and Buffering, of the ordinance.  I find that this amendment is reasonable, is in the public interest, and is consistent with the following goals in the Village of Forest Hills Guiding Land Use Plan: Design Review (Article 700) ensures that new development contributes to a sense of place and community in the Village and Landscaping and Buffering standards (Article 800) preserves open space and the natural character of the Village.

New Standards: The new zoning ordinance amendments propose three new Zoning Ordinance Articles:  Article 600 – Conditional Zoning Standards, Article 700 – Design Review, and Article 800 – Landscaping and Buffering Standards.   Each Article has been added to the zoning ordinance after much discussion between the VOFH Planning Board and Village Council.

     7.  Public Comments:  Robert Rowland asked about the reasoning for ½ acre lots having to have public sewer when it is not currently available, Kristy said the reasoning is that if there should be issues with a septic system with a home on a ½ acre lot, there is not much room to work around.  She noted that new changes will only affect new lots, any old rules that were already in place, will still apply.

Lee said that the Planning Board is an Advisory Board and they will forward the recommendations of the board to the Council and the Council will continue the process for approval of the recommended changes.  Kristy said that the Council will receive documentation with the Planning Board’s approvals.  Mayor Begley noted that there is a Public Hearing set for August 25^th at Cullowhee Valley School to review and vote on all changes.

 Kristy noted that Lee will chair the Planning Board meeting to be held on Monday, August 15^th to be held at 7:00 pm at the Jackson County Rec. Ctr.

     8.  Adjourn:  at 6:47 pm Steve made a motion to adjourn, unanimously approved.