2021.05.03 PZBOA Meeting

PZBOA Meeting Recap: Navigating Zoning Changes and a Key Permit Decision

On May 3, 2021, the Planning and Zoning Board of Adjustment (PZBOA) held a lengthy meeting focused on addressing procedural challenges, reviewing significant development proposals, and updating the town's zoning ordinances to comply with state law. The meeting was attended by board members, town staff, and interested residents, though technical difficulties hampered proceedings for a portion of the time.

The most significant decision made during the meeting was to defer a hearing on a conditional use permit for a proposed dog training/kennel facility at 119 Weaverville Road. The applicant, representing the architect, presented plans for an indoor facility with eight kennels intended for dog training and limited overnight boarding. However, due to a previous board member’s recusal, the board found itself with only five members present – short of the required six to legally proceed. After a thorough discussion presented by Town Attorney Mr. Snead outlining three options (appointing a sixth member, proceeding with five, or deferring to the new board), the board opted for caution and agreed to postpone a final decision until the newly appointed board takes office in June. This means residents will have another opportunity to engage with this proposal when it is revisited by the new board.

Beyond the permit decision, a substantial portion of the meeting was dedicated to reviewing proposed amendments to the town's zoning ordinances. These changes, driven by state law requirements under 160D, represent a significant overhaul of the town's planning framework. Key changes include renaming "Conditional Use Permits" to "Special Use Permits," splitting the PZBOA into separate Planning and Board of Adjustment boards, introducing “Conditional Zoning Districts” for greater flexibility in planning, establishing a process for development agreements involving large-scale projects, and streamlining minor site plan modifications through staff approval. The board also updated several definitions within the ordinance to ensure clarity and consistency. These changes aim to modernize the town’s zoning regulations, providing more tools for planning and development while ensuring compliance with state law.

During the public forum, brief commendations were offered to Ms. Lamb for her dedication and contributions to the board. While there wasn’t extensive public testimony on specific agenda items, residents should be aware that these proposed ordinance amendments will significantly impact future development and land use decisions within the town.

What's Next?

• Town staff and commissioners will explore options for appointing a sixth member to the current board, though this appears unlikely given the short timeframe.
• The newly appointed Planning and Zoning Board will be in place by May, and they will handle the deferred dog training/kennel permit application.
• The PZBOA will forward the proposed ordinance amendments to the Board of Commissioners for final approval. Residents can expect further opportunities to provide input on these changes as they move through the approval process.

The PZBOA’s decisions reflect a commitment to both addressing immediate development concerns and ensuring the town's zoning regulations are legally sound and aligned with current state requirements. These changes will ultimately shape the future landscape of our community, impacting everything from residential development to business growth.