JACKSON COUNTY PLANNING BOARD  MINUTES  Date: January 12, 2023 Time Begin: 6:00 p.m. Time End: 7:21 p.m.  Location: Department on Aging, Heritage Room  Members Emily Moss Sandy Davis Brian Barwatt Adam Holt Staff Present: Michael Poston- Planning Director John Jeleniewski- Senior Planner Anna Harkins- PlannerI Heather Baker- County Attorney Allison Kelley- Administrative Assistant III Call to Order and Quorum Check  Present Absent X X X  Present Absent X X  Present Absent X X  Brad Waldrop Nathan Shepherd X Ollin Dunford Joyce Cooper  Thomas Taulbee X Ken Brown X Beverly Crespo  X  Vice Chair Thomas Taulbee called the meeting to order at 6:00 p.m. and a quorum was present.  Oath of Office  Allison Kelley, clerk to the Board read the Oath of Office for new Board members (Adam Holt, Nathan Shepherd, Beverly Crespo), and reappointed member Emily Moss. They affirmed to execute the duties of  Planning Board Member according to the best of their skills and abilities.  Approval of the Agenda unanimously.  Brad Waldrop made a motion to approve the agenda and move item a) Oath of Office under "New Business" before the approval of the agenda. Ken Brown seconded the motion, and it carried  Approval of the Minutes and it carried unanimously. Public Comment There were no public comments. New Business a) Nomination for Chair  Brad Waldrop made a motion to approve December 8, 2022 minutes. Ken Brown seconded the motion,  The Jackson County Board of Commissioners appoints these positions and considers the  Board's recommendations for Chair and' Vice Chair.    Sandy Davis made ai motion to recommend Thomas Taulbee as Plamming Board Chair. Beverly b) Public Hearing: Text Amendments to the Unified Development Ordinance (UDO) Article VI Section 6.7 regarding Campgrounds, and Section 6.2 regarding Wireless Vice Chair Thomas Taulbee opened the public hearing at 6:05 p.m. Mr. Poston stated this issue was brought to the Board due to concerns brought to the Planning Department through regularly staff meetings with partnering departments they hold regarding permit development. These concerns came from our Permitting and Code Enforcement, and Environmental Health Departments ofnoticing issues around the county with the recent increase in campgrounds. Currently, Jackson County does not have any standards for campgrounds, and we are learning now that because ofhousing campgrounds are becoming more ofaj permanent location for people tol house themselves. Environmental Health had some additional concerns regarding bathroom and laundry facilities, especially ifthere isi not facilities and a creek or riveri is nearby. In addition, he stated the proposed ordinance would address these issues whether you are establishing a new campground, or ifyou are expanding an existing campground. Priort to this ordinance being adopted by thel Board ofCommissioners, existing campgrounds can operate, as it has been because this ordinance would not retroactively address those that are already exist. Mr. Poston in addition the standards speak about site plan requiring a minimum of2 acres and different levels based on the number of campsites for enough space for septic and well. Another standard came from emergency services to require clear visible signage ofeach campsite, as they have been having safety concerns and issues locating which campsite. Campground Level 1 is for sites with at least 2 campsites but less than 15, and Campground Level 2i is for sites with 15 or more campsites. Each of the levels based on thei impact have appropriate standards regarding roads and drainage, utilities, RV: sites and campsites, storage of RV'sand parking. Staff would not be involved in those that are camping on their ownj property, especially over the weekend. However, if they see existing campsites that are being developed with access issues they would require the campsite should start to come into compliance with the ordinance standards. The road standards are a modified version from the subdivision ordinance, which speaks to road width based on the number ofl lots or units that are being served because that Brad Waldrop clarified if someone had two campsites on their own property would be subjected to these new proposed ordinance standards. In addition, he also inquired about tent camping. Mr. Poston stated there is a little bit ofdifference ift they are establishing a campground versus going out into the woods and camping. Mr.. Jeleniewski stated the important point is that it isal legal campground, and we are not talking about trespassing on private property. Ms. Crespo inquired ifthe county would look at campgrounds that are making a revenue. Mr. Poston stated the definition for campgrounds are two or more temporary or permanent buildings, tents, or other structures established or maintained as a temporary living quarter, operated for recreation, religious, education, or vacation purposes. Mr. Brown stated he did not believe the definition indicates generating revenue. Mr. Poston stated the definition could be altered and they could add a commercial campground. However, they must consider that religious institutions may not be a commercial campground, and may not accept these standards but they could or could not be forj profit. Mr. Poston stated hel believes there will be these types of retreats that these standards would apply, because the impact and safety issues are still the same Ms. Baker stated she does not believe they would want to add commercial to the definition as many of these issues have arose from these units becoming living quarters, which is  Crespo.seconded the motion, andi it carried mmanimously.  Communication Facilities  would dictate the usage.  despite who is operating these campgrounds. a residential aspect of these concerns.  2    Ms. Crespo stated shei realized after reading these proposed standards is that even ifthe campground is al level 1 or level 2, all need to be predetermined and mapped out on a site plan. Therefore, when these plans come through the Planning Department they know what they are looking for and helps answer those questions. Mr. Jeleniewski stated that is correct, or it may be ac complaint they are investigating that may require the site to come into compliance. Mr. Brown inquired ifthey are doing an ordinance for new campgrounds should they receive feedback from those that are already existing. In addition, he inquired ift they would receive complaints regarding ift they apply this ordinance to my campground, and whyi is it not Mr. Poston stated that the state has what is called a vested right, which isa nonconforming use, despite a rule that prohibits it. He stated staffi is not proposing any changes on this as it becomes difficult to tack over time, you cannot amortize uses but you can ask for the use that exists today to come into compliance within a certain time frame. Ms. Baker stated they are making a good point, but she believes the campground definition needs to be broad. County staffincluding, Permitting & Code Enforcement, Environmental Health, and Emergency Management has been receiving many calls due to the housing crisis in the county of citizens looking for every way possible to have housing. Ms. Baker stated the county most likely receives calls on: a daily basis for new campsites and campgrounds. Therefore, these concerns are important to address now to catch those concerns moving forward and set upt these sites in a safe and healthy way. Ms. Baker stated she believed these standards are ag good starting point, and if other issues arise, they would come back before the Board about Mr. Shepherd stated he believes what brought up this campground issue is that people have been using creeks and bodies ofwater in ways that they probably should not have. In addition, he stated he thinks we probably also see that with some of the mobile home parks around where they have ai failed septic, and do not want to go through the permitting process to try to fix and repair the failed septic. Hei inquired ift there is anything the Board could address as a Mr. Poston stated that is out oft the scope oft the Planning Department, however ifthey see any health violation to report it to. Environmental Health as they have the authority to go investigate and inspect those types of systems. In addition, he stated the feedback that was received from the Environmental Health is the increase of campgrounds has been driving more of Mr. Shepherd inquired ift they are aware of any type of situation where there is 10 campers that pop up and appear that are barely livable, does Environmental Health typically intervene at that point. Mr. Poston stated ift they are establishing a campground, they are going to require proper sanitation, regardless oft the newj proposed ordinance. In addition, he stated they could still investigate any type of situation was to occur but they operate and are confined under the rules at the state level and not the local government. Mr. Jeleniewski stated ifs someone is applying for twol RV campers, you dol have to have a septic system and potable water. However, ifyou want to do a utility hookup you will need electric and water, which would require a building, permit where other state regulations would be applied. Mr. Brown stated hel has reported complaints of open septic's or broken septic linest to Environmental Health, and they have always responded quickly in aj positive way. Mr. Jeleniewski stated speaking from experience last summer we had an complaint in a zoned jurisdiction ofal RV near a house, and they were getting water through a garden hose hooked upt to thel RV and they were straight piping out ofthe bathroom oft the RV1 to a buried Rubbermaid tub. He stated there were public utilities nearby that they could havel hookup to, in order to correct the issue hei issued a violation alongside Environmental Health and the violation was corrected within 30 days.  being applied to other existing campgrounds.  potential amendments to mitigate.  part ofthis ordinance to address those potential outcomes.  their call volume.  3    Mr. Shepherd inquired ift they have considered putting a timeframe (one or two years) on permanent campers being used as a primary dwelling. Mr. Poston stated they have not tried to go that far yet, and they do recognize that int the past they have had people that will spend a week on their property for work or other and then pack up and leave. He stated staff has not proposed this, Mr. Brown stated his concern would be that in any development including campgrounds we do not really address the environmental impact in terms of density, water sources, and septic. In addition, he stated ift they are not using an approved septic system, what impact it is going to have on Tuckaseigee Water & Sewer. Authority (TWSA) ifit is within their area, and especially for wetlands. Mr. Brown stated he believes they do not have any real standards that point us in a good direction when it comes to density. Mr. Jeleniewski stated they do have density standards in the county through the Mountain and Hillside Development Ordinance that would require density based on the average slope oft the property. In addition, he stated inj regards to wetlands they are going to partner and coordinate with other agencies including NCDOT, Army Corps of Engineers, NCI Fish and Wildlife, and NC Department ofE Environmental Quality, etc. Mr. Jeleniewski stated they alsol have other regulations included floodplain and flooding issues which is enforced through Permitting & Code Enforcement. There are wetlands sprinkled throughout the county but those standards would come through Army Corps of Engineers. Mr. Poston stated they could review how density standards are currently managed in the county, and discuss those with Mr. Brown stated he wanted to point out is that when you look at the source of potable water, when you write that down and look at potable water, what does that mean, and where does itcomef from, how much is available, and how does it affect groundwater recharge. He stated he believes there is a deeper science, and he believes planning departments int the state should start addressing these issues more because we are in aj period where we were losing groundwater. In Ms. Crespo inquired ift they would accept design plans that are not from a professional surveyor or engineer. Mr. Poston stated in Article 3.1 addresses site plan requirements, and staff would go back and review those standards ifiti is unclear they could add that all campgrounds have to be designed by a designed professional that is licensed in] North Carolina. Mr. Poston presented thel highlights oft the changes to the Wireless Telecommunications Facilities Ordinance to thel Board. He stated they are proposing to move the approval process for all telecommunications facilities from being quasi-judicial hearings at the Board of Commissioners level, toi make these applications as administrative approvals. The ordinance includes addressing health, safety and welfare issues, setbacks, and tower height. In addition, the ordinance still addresses when to require types of screening, fencing and where it should be located and ift they should have insurance. Mr. Poston stated they did noti include the balloon test ini the administrative approval because it would lead to some discretionary decision making power, which we do not have the ability to do. Another issue the new ordinance would address is tower height and they are recommending that the tower height be elevated to 1991 feet, which is under the FAA regulations for lighting at tower and having a beacon on the tower. He stated staff believes at that height level it would start impacting more than just the localized area. Mr. Poston stated many communities have that standard in their ordinances, and int the planning profession and government, everything is mostly considered open source. In addition, he stated they are recognizing that Jackson County is a different place due to the mountains and it is not the same as Mr. Brown stated he is concerned about access to high elevation areas that are roads. He stated recently there was ai new tower that was installed in] Dillsboro and they had a road going up directly up the mountain to the tower, and he believes there should be some other acceptable standard they could apply. Mr. Brown stated for example, they have helicopter type of logging where they would come in and remove cut trees. Unfortunately, he stated he believes there is a lot  but would look into the possibility ofat timeframe on permanent campers.  the Board at ai future meeting.  addition, he stated they are losing freshwater and soil which is significant.  the landscape east ofl Buncombe County.  4    ofenvironmental damage related to the road component to the tower site. In addition, he stated when the logging company went int to log for the road, there was a lot ofmuddy water that went Mr. Jeleniewski stated the ordinance does require the applicant have aj plan for the access road ifit does not currently exist, and provide an erosion control plan that complies with the subdivision regulations. Ifthere were a violation, fori instance ift the site had runoff and was not graded properly the erosion control department would issue a violation oft the permit until the Mr. Poston stated another change they made was removing view shed from public roads, as roads wind int the mountains and iti is sometimes difficult for stafft to evaluate and determine where the view shed is located. The other change they made was removing the view shed from the Blue Ridge Parkway as it is difficult to determine at all sides ifthe tower would be visible to  into the watershed.  problem is corrected.  the parkway.  Vice Chair Thomas Taulbee closed the Public. Hearing at 7:11p.m.  Ken. Brown made ai motion to approve the text amendments to the Unified. Development Ordinance (UDO). Article VI Section 6.71 regarding Campgrounds, and Section 6.2 regarding Wireless Communication Facilities, and the consistency. statement. Adam. Holt seconded the  motion, and it passed amanimously.  Resolution to allow the Planning Director to call for: a public hearing  Mr. Poston stated this resolution comes before the Board for efficiency, as the current process is staffi is required to come before thel Board to ask to call for aj public hearing. The resolution would authorize planning staff on behalfo of thel Board, the authority to advertise the public hearings when they are needed, as opposed to having spent an additional meeting for the Board to call fori it. In addition, he stated this is not about policy, land use but simply allow staff to make this process run a little more efficiently and smoothly. Mr. Poston stated the Board would Adam. Holt made ai motion to approve the resolution to allow the Plamning Director to call fora public hearing. Ken Brown seconded the motion, and it passed unanimously.  be notified oft these public hearings ahead oft time.  Adjournment  With no further business, Brad Waldrop made a motion to adjourn. Ken Brown seconded the motion, and  the meeting adjourned at 7:21 p.m Submitted by:  Approved by:  Bde  Ma-day Allison Kelley  Administrative. Assistant- Planning  Planning Board Chairman  5