1.  Call to order – Mayor Begley called the meeting to order at 6:05 pm.

2.  Attendees:

Mayor - Kolleen Begley

Councilmember - Clark Corwin

Councilmember - Carl Hooper

Councilmember -  Ron Mau

Councilmember -  Debbie Rowland

Planning Board Member – Lee Budahl

Public:  Robert Rowland, Michael Byers, and Janie Prentice

Sylva Herald – Tanner Hall

Municipal Attorney – Anthony Fox

Jackson County Planning Director – Michael Poston

3. Public Comments:  Mayor Begley opened the hearing for public comment on the proposed Budget Amendment, there were no public comments so Councilmember Corwin moved to close the Public Hearing, and Councilmember Hooper seconded the motion, unanimously agreed.

4. Fiscal Year July 1, 2016 – June 30, 2017 Budget Amendment:  Kolleen Begley &          Stephanie Gibson

Councilmember Mau made a motion to amend the budget for fiscal year-end June 30, 2017 to add $120K in “Fund Balance Carryover” to Income section of budget offset by adding $113K in “Streets – Non Powell” to Expense section of budget and $7K in “Capital Outlay – entrance sign” to Expense section of budget, Councilmember Hooper seconded the motion, unanimously approved.

5. Ordinance Text Amendments:  Mayor Begley reviewed the proposed changes including incorporating conditional zoning and district changes, change in lot size requirements, and technical corrections.

•            (See attached Staff Report)

6. Staff Report:  Councilmember Corwin reviewed the Staff Report prepared by Kristy Carter:

Motions: 

Conditional Zoning Standards Motion: Councilmember Corwin moved 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:

• Offers a Greater Variety of Housing Options in the Village to Meet the Evolving Needs of Aging Residents and Potential Homebuyers

• 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. 

Councilmember Mau seconded the motion, unanimously accepted.

Design Review Motion: Councilmember Mau moved 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, Councilmember Hooper seconded the motion, unanimously accepted.

Landscaping and Buffering Standards Motion:  Councilmember Hooper moved to approve the wording amendments to create Article 800 – Landscaping and Buffering Standards, and find that the Council finds 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

Councilmember Corwin seconded the motion, unanimously accepted.

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 is a typical municipal land use planning practice. 

Technical Corrections Motion:  Councilmember Mau 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; Councilmember Corwin seconded the motion, unanimously accepted.

Lot Size Amendment Motion:  Councilmember Hooper 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.”  Councilmember Corwin seconded the motion, unanimously accepted.

Changes to existing requirements in various sections motion:  Councilmember Corwin 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.  Councilmember Hooper seconded the motion, unanimously accepted.

7. Public Comment:  Mayor Begley opened the hearing for public comment on the Ordinance Text Amendments, there was no public comment so Councilmember Corwin moved to close the public comment, and Councilmember Hooper seconded the motion, unanimously agreed.

Attorney Fox summarized that the Village of Forest Hills Conditional Zoning Ordinances that have now been adopted as a result of the votes, he said that the Village ordinances are very consistent with the processes that are established throughout the State in terms of having an applicant come for a pre-application meeting, sitting and discussing with the applicant zoning and how their request will fit with the character of the community and whether or not special conditions are necessary.  The Village then has the applicant go back and submit the application and once submitted, a community meeting is arranged by the applicant, he or she conducts the meeting and submits the proposal to the Planning Board.  Once the application is submitted, the applicant provides their site plan and pays the application fee.  The site plan will show the development being planned.  Council can discuss the process with the applicant.  The Planning Board reviews and discusses the application and makes recommendations to the Council. Once brought to the Council, if the application is accepted under Conditional Zoning, it becomes its own zoning district.  The Planning Board makes recommendations to the Council but they do not have to hold a public hearing.  The Council will hold a public hearing once the application is ready to be voted on.  Once the application is processed and submitted to the Planning Board, the applicant has a period of 36 months from application to complete their approved plan.

Mayor Begley summarized the process to be clear:  She noted that the Village needs to check on zoning fees.  An applicant submits their application, fee, and site plan to Jackson Co., the county contacts the Village, there can be communications with the applicant, the staff reviews the request, there is a community meeting, and it goes to the Planning Board for review, no hearing required.  The Planning Board makes recommendations to the Council and there is a public hearing.  The Council can approve, approve with conditions, or reject the applicant’s proposal.  If the conditional zoning is approved, it creates a new district.

Attorney Fox suggested that the Council might want to have a definition section that would clarify terms and processes.  He also suggested the Village develop some brochures summarizing Conditional Zoning.  Councilmember Corwin recommended listing shortcuts on the Village website.

Mayor Begley asked Attorney Fox if a publichearing is required to edit wording in the legend on the Future Land Use Map, he said that he would have to verify an answer on that and would get back to her via email.

8.  Additional Public Comment:  None

9.  Adjourn:  at 6:50 pm Councilmember Mau made a motion to adjourn, Councilmember Corwin seconded the motion, unanimously approved.

STAFF REPORT

 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.

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)

Technical Corrections Staff Recommendation: Staff recommends approval of the technical corrections as the amendment provides consistency throughout the ordinance and bring 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 contain a goal specifically addressing technical wording amendments, however, these technical amendments are necessary and are a typical municipal land use planning practice. 

Technical Corrections Suggested Motion:I move 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.

Amended Standards: The amended standards included with this set of working amendments include:

a)      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 districts:

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 acres 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.”

Lot Size Amendment Suggested Motion: I move 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 lot size if on public water and sewer or minimum 1 acre lot size if on well or septic, and reduce minimum lot sizes in the R-3 and R-4 districts from 1 acre minimum lot size to a minimum ½ acre lot size if on public water and sewer or minimum 1 acre lot size if on 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.” 

New Standards: 

Compliance with Comprehensive Plan:

This wording amendment supports the City’s Comprehensive Plan by (1) promoting infill development; (2) updating development standards for orderly growth and development; and, (3) assisting with the coordination of property development for access and transportation needs.  

City Council Strategic Plan Considerations:

This wording amendment aligns with the City Council’s 2015-2016 Strategic Operating Plan primarily in the focus area of Economic Growth and Sustainability by supporting staff’s continued implementation of operational efficiencies and practices by making development standards current, cohesive and streamlined.  This amendment also, in part, removes a barrier to infill development by changing the review and approval process for major subdivisions to be approved by the TRC instead of the Planning and Zoning Commission.   

Recommendation:

Staff recommends approval of the wording amendment text modifying subdivision standards and review process as the amendment would revise and clarify existing regulations and is consistent with the Comprehensive Plan and other adopted plans in that it promotes infill development, updates development standards for orderly growth and development, and assists with the coordination of property development for access and transportation needs.

Suggested Motion:

I move to approve the revised wording amendments to UDO Sections 7-2-5, 7-5-8 and 7-15-1, which modify the subdivision standards and review process, and find that the requests are reasonable, are in the public interest, and are consistent with the Comprehensive Plan and other adopted plans in the following ways:  the amendments (1) promote infill development; (2) update development standards for orderly growth and development; and, (3) assist in coordinating the development of property for access and transportation needs.