Council
Minutes
Tuesday June 28, 2005 - 5:00 p.m.
Regular Meeting
Present: Mayor
Charles R. Worley, Presiding; Vice-Mayor R. Carl Mumpower; Councilwoman
Terry M. Bellamy; Councilman Jan B. Davis; Councilman Joseph C. Dunn;
Councilwoman Diana Hollis Jones; Councilman Brownie W. Newman; City
Manager Gary W. Jackson; City Attorney Robert W. Oast Jr.; and Deputy
City Clerk Phyllis Corns
Absent: None
PLEDGE OF ALLEGIANCE
Mayor Worley led
City Council in the Pledge of Allegiance.
INVOCATION
Mayor Worley gave
the invocation.
CHANGES TO THE AGENDA
Councilman Newman
asked that Consent Agenda Item “I” be removed from the Consent Agenda
for discussion since it related to the Water Agreement. In addition, he
requested a discussion regarding the negotiations of the Water Agreement
be added under “Other Business.”
I. PROCLAMATIONS:
A.
CERTIFICATE OF APPRECIATION TO ROBERT L. CAMBY JR.
On behalf of City Council,
Councilman Davis, liaison to the WNC Regional Air Quality Agency, read
the certificate of appreciation to Robert L. Camby, Jr., Executive
Director of the Western North Carolina Regional Air Quality Agency, who
will be retiring after several years of service.
B.
PRESENTATION OF TELLY AWARDS
Mayor Worley said that the
Telly Awards were founded in 1979 and is the premier award honoring
outstanding cable television programs and commercials, as well as the
finest video and film productions. Award recipients represent the best
work of the most respected advertising agencies, production companies,
television stations, cable operators, and corporate video departments in
the world. With a 25-year history of recognizing creative excellence,
the Telly Awards is a widely known and highly respected international
competition. The 26th Annual Telly Awards received over 10,000 entries
from all 50 states and numerous countries. This was the first time the
City of Asheville submitted programming for judging, and as a
result, The Asheville Channel was recognized with two awards for the
programs, "Asheville City Limits: Fire Rescue", and "Asheville
City Limits: Sanitation and Recycling."
On behalf
of City Council, Mayor Worley congratulated Jeff Reble, Cable
Access Coordinator, Kelley Webb and Richard Grant for their work on
these productions.
II. CONSENT AGENDA:
Councilman Newman
asked that Consent Agenda Item “I” be removed from the Consent Agenda
for discussion since it related to the Water Agreement.
Councilwoman Bellamy asked
that Consent Agenda Item “J” be removed from the agenda for an
individual vote.
A.
APPROVAL OF THE MINUTES OF THE REGULAR MEETING HELD ON JUNE 14, 2005,
AND THE WORKSESSION HELD ON JUNE 21, 2005
B.
RESOLUTION NO. 05-127 - RESOLUTION ACCEPTING HOYLE LANE AND TREETOP ROAD
IN LAKESHORE HILLS SUBDIVISION AS CITY-MAINTAINED STREETS
Summary:
The consideration of a resolution to accept Hoyle Lane and Treetop Road
in Lakeshore Hills Subdivision as a City maintained streets.
Section
7-15-1(f)-4.a requires that streets dedicated for public uses be
accepted by resolution of City Council.
Hoyle Lane
and Treetop Road are developer constructed streets that have an average
paved width of 23 feet and a length of 0.14 and 0.10 miles respectively
for a total length of 0.24 miles. The City of Asheville staff inspected
the construction of these roadways and certified they were built in
accordance with City standards.
Following
City Council’s approval of this resolution, these streets will be added
to the official Powell Bill list. A two-year warranty, from the time of
Council acceptance, will be required by the developer to cover major
failures in the roadway.
City staff
recommends City Council adopt the resolution to accept Hoyle Lane and
Treetop Road in Lakeshore Hills Subdivision as a City maintained
streets.
RESOLUTION BOOK NO. 29 – PAGE 152
C.
RESOLUTION NO. 05-128 - RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO AN AGREEMENT WITH THE N.C. STATE HISTORIC PRESERVATION OFFICE FOR A
GRANT FROM THE U.S. DEPT. OF INTERIOR, NATIONAL PARK SERVICE, FOR
HAYWOOD ROAD NATIONAL REGISTER DISTRICT NOMINATIONS
Summary:
The consideration of a resolution & budget amendment to enter into an
agreement with the North Carolina State Historic Preservation Office (NCSHPO)
to accept a federal grant from the US Department of Interior, National
Park Service via the NCSHPO in the amount of $4,140 for the purpose of
the preparation of the West Haywood Road Commercial Historic District &
East Haywood Road Commercial Historic District National Register
Nominations and to receive the local match of $2,760 from SAW Ventures,
LLC.
The
project is to prepare two National Register nomination forms for the
West Haywood Road Commercial Historic District & East Haywood Road
Commercial Historic District. The proposed West Haywood Road District
includes approximately 27-28 properties on 3 ½ blocks running roughly
between Dunwell Avenue and Brevard Road to the east past Mildred Avenue
to the west. The proposed district was added to the North Carolina
Study List in February of 2005, as the Haywood Road Historic District.
The proposed East Haywood Road District includes approximately 12
properties on roughly two blocks and runs roughly between Michigan
Avenue to the east and Hanover Street to the west. It was added to the
North Carolina Study List in 1999 as the Haywood Road/ Westwood
Commercial Historic District. A consultant who meets the qualifications
outlined in 36 CFR 61 will be hired to prepare the nomination according
to the guidelines outlined in National Register Bulletin 16A. The
complete and final draft will be submitted to the NCSHPO no later than
August 31, 2006.
The total
cost for the project is $6,900. The grant is for $4,140. SAW Ventures,
LLC has agreed to provide the local match of $2,760. The City will not
be responsible for the local match, although the HRC would like to
reimburse Saw Ventures for a portion of the match, if possible. The
grant period is from 7/1/2005-8/31/2006.
Pros:
- If the
nomination is approved for listing on the National Register, no
obligations or restrictions will be placed on the property
- If listed on the
National Register privately owned buildings in the district will be
eligible for a 20% federal income investment tax credit and a 20%
state tax credit
- The local match
will be provided by the SAW Ventures, LLC
Cons:
- National
Register listing does not prevent demolition of structures or
inappropriate alterations.
This
architectural study will document the architectural and cultural history
of the Haywood Road Corridor, which is vital to understanding the
history of West Asheville. The preservation of this area further
acknowledges the importance of cultural and architectural heritage in
maintaining Asheville’s unique “Sense of Place”, which is identified as
a Focus Area in the City’s Strategic Operating Plan.
City staff
recommends that the City of Asheville enter into an agreement with the
State Historic Preservation Office and adopt a budget amendment to
receive grant funds and local matching funds from SAW Ventures, LLC, to
hire a consultant to complete the nomination report for the West Haywood
Road Commercial Historic District & East Haywood Road Commercial
Historic District National Register Nominations.
Planning &
Development Director Scott Shuford responded to some questions from
Councilman Davis regarding this grant.
RESOLUTION BOOK NO. 29 – PAGE 154
D.
ORDINANCE NO. 3243- BUDGET AMENDMENT FOR GRANT FROM THE N.C. STATE
HISTORIC PRESERVATION OFFICE FOR PREPARATION OF THE WEST HAYWOOD ROAD
COMMERCIAL HISTORIC DISTRICT AND EAST HAYWOOD ROAD COMMERCIAL HISTORIC
DISTRICT NATIONAL REGISTER NOMINATIONS
Summary: See Consent Agenda
Item “C” above.
ORDINANCE BOOK NO. 22 – PAGE 126
E.
ORDINANCE NO. 3244 - BUDGET AMENDMENT FOR FEMA REIMBURSEMENTS
Summary:
The consideration of a budget amendment which adds FEMA reimbursements
to the Fiscal Year 2004-05 budget to replenish various departmental
budgets that incurred storm related expenses.
Several
departments incurred extraordinary expenses this year as a result of
major clean-up efforts that the City had to undertake after the impact
of hurricanes Ivan and Francis. Clean-up
expenses for major tropical storms or hurricanes are typically not
included in the City’s an annual budget since they generally do not
represent recurring annual expenses; as such, departments had to
redirect resources that were initially earmarked for the provision of
basic services to storm-related clean-up. The City has applied for and
received FEMA for reimbursements for most of these expenses. The
amendment will add $599,610 to the General Fund and $549,252 to Parks
Capital Project budgets to replenish various departmental operating line
items that were used to cover clean-up costs.
City staff
recommends the budget be amended to add revenue received from FEMA to
the Fiscal Year 2004-05 to cover the City’s storm-related clean-up
costs.
ORDINANCE BOOK NO. 22 – PAGE 128
F.
RESOLUTION NO. 05-129 - RESOLUTION APPOINTING A CHAIR TO THE CIVIL
SERVICE BOARD
Summary:
The consideration of appointing the Chair to the Civil Service Board.
It is City
Council's responsibility to appoint a Chair to the Civil Service Board
annually.
At the
City Council’s worksession on June 21, 2005, it was the consensus of
City Council to appoint T. Clark Brown as Chair to the Civil Service
Board, to serve at the pleasure of City Council.
RESOLUTION BOOK NO. 29 – PAGE 155
G.
RESOLUTION NO. 05-130 - RESOLUTION APPOINTING MEMBERS TO THE CIVIC
CENTER COMMISSION
Summary:
The term of Max Alexander, as a member of the Civic Center Commission,
will expire on June 30, 2005. In addition, Charlie Cole has resigned as
a member, thus leaving an unexpired term until June 30, 2006. At
the City Council worksession on June 21, 2005, the City Council
instructed the City Clerk to prepare the proper paperwork to reappoint
Max Alexander to serve an additional three year term, term to expire
June 30, 2008, or until his successor has been appointed.
Also at
the June 21, 2005, worksession, City Council instructed the City Clerk
to prepare the proper paperwork to appoint Jean Ann Taylor to fill the
unexpired term of Mr. Cole, term to expire June 30, 2006, or until her
successor has been appointed.
RESOLUTION BOOK NO. 29 – PAGE 156
H.
RESOLUTION NO. 05-131 - RESOLUTION APPOINTING MEMBERS TO THE
ASHEVILLE-BUNCOMBE HISTORIC RESOURCES COMMISSION
Summary:
The terms of Diane Duermit and John Cram, as members on the
Asheville-Buncombe Historic Resources Commission, expire on July 1,
2005.
At City
Council’s worksession on June 19, 2005, the City Council instructed the
City Clerk to prepare the proper paperwork to reappoint Diane Duermit
and John Cram to each serve a three-year term respectively, terms to
expire July 1, 2008, or until their successors have been appointed.
RESOLUTION BOOK NO. 29 – PAGE 157
I.
RESOLUTION ALLOW THE EXECUTION OF DOCUMENTS NECESSARY TO COMPLY WITH THE
COVENANT REQUIREMENTS OF THE CITY’S WATER SYSTEM REVENUE BONDS, SERIES
2001 FOR TERMINATION OF THE RESTATED AND AMENDED SUPPLEMENTAL WATER
AGREEMENT
This item was
removed from the Consent Agenda for an individual discussion.
J.
RESOLUTION MAKING PROVISIONS FOR THE POSSESSION OF MALT BEVERAGES AND/OR
UNFORTIFIED WINE AT THE CITY OF ASHEVILLE TENNIS TOURNAMENT PICNIC
RESOLUTION MAKING PROVISIONS FOR THE POSSESSION OF MALT BEVERAGES AND/OR
UNFORTIFIED WINE AT THE CLUES, CARATS & GRAPES AMERICAN CANCER SOCIETY
EVENT
RESOLUTION MAKING PROVISIONS FOR THE POSSESSION OF MALT BEVERAGES AND/OR
UNFORTIFIED WINE AT THE ASHEVILLE WELCOMES THE WORLD SISTER CITIES
EVENT
These items were removed from
the Consent Agenda for an individual vote.
Mayor Worley said
that members of Council have been previously furnished with a copy of
the resolutions and ordinances on the Consent Agenda and they would not
be read.
Councilwoman
Bellamy moved for the adoption of the Consent Agenda. This motion was
seconded by Vice-Mayor Mumpower and carried unanimously.
ITEMS REMOVED FROM THE
CONSENT AGENDA
RESOLUTION NO.
05-132 - RESOLUTION ALLOW THE EXECUTION OF DOCUMENTS NECESSARY TO COMPLY
WITH THE COVENANT REQUIREMENTS OF THE CITY’S WATER SYSTEM REVENUE BONDS,
SERIES 2001 FOR TERMINATION OF THE RESTATED AND AMENDED SUPPLEMENTAL
WATER AGREEMENT
City
Attorney Oast said that this is the consideration of a resolution
allowing the execution of documents necessary to comply with the
covenant requirements of the City’s Water System Revenue Bonds, Series
2001 for termination of the Restated and Amended Supplemental Water
Agreement.
The City
Council has given notice of its intention to terminate the Restated and
Amended Supplemental Water Agreement effective June 30, 2005. The bond
documents for the Water System Revenue Bonds, Series 2001 contain a
covenant, which must be deleted in order to allow the termination of the
Water Agreement. There may also be other documents legally required to
allow the termination of the Water Agreement. The resolution allows for
the execution of the necessary documents to allow for the termination of
the Water Agreement.
PROS:
Ø
All
necessary documents will be executed to allow for termination of the
Water Agreement
CONS:
Ø
None noted.
City
staff recommends Council adopt the resolution allowing the execution of
documents necessary to comply with the covenant requirements of the
City’s Water System Revenue Bonds, Series 2001 for termination of the
Restated and Amended Supplemental Water Agreement.
Councilwoman
Bellamy moved for the adoption of Resolution No. 05-132. This motion
was seconded by Councilman Davis and carried unanimously.
RESOLUTION BOOK NO. 29 – PAGE 158
RESOLUTION NO.
05-133 - RESOLUTION MAKING PROVISIONS FOR THE POSSESSION OF MALT
BEVERAGES AND/OR UNFORTIFIED WINE AT THE CITY OF ASHEVILLE TENNIS
TOURNAMENT PICNIC
RESOLUTION NO.
05-134 - RESOLUTION MAKING PROVISIONS FOR THE POSSESSION OF MALT
BEVERAGES AND/OR UNFORTIFIED WINE AT THE CLUES, CARATS & GRAPES AMERICAN
CANCER SOCIETY EVENT
RESOLUTION NO.
05-135 - RESOLUTION MAKING PROVISIONS FOR THE POSSESSION OF MALT
BEVERAGES AND/OR UNFORTIFIED WINE AT THE ASHEVILLE WELCOMES THE WORLD
SISTER CITIES EVENT
Summary:
The consideration of resolutions making provisions for the possession
and consumption of malt beverages and/or unfortified wine at various
events.
The below
listed groups have requested through the Asheville Parks and Recreation
Department that City Council permit them to serve beer and/or
unfortified wine at their events and allow for consumption at these
events.
- Asheville
Welcomes the World, scheduled for July 5, 2005, in the grassy knoll
next to the Biltmore Building. This is an event to acknowledge
Asheville’s Sister Cities.
- City of
Asheville Tennis Tournament Picnic, scheduled for July 21 and 22,
2005, at Aston Park. This is a hospitality picnic for the spectators
and players.
- Clues, Carats
and Grapes, scheduled for September 22, 2005, in the grassy knoll next
to the Biltmore Building. This is a benefit for the American Cancer
Society.
City
staff recommends City Council approve these resolutions on behalf of the
applying organizations.
Councilman Newman moved for
the adoption of Resolution No. 05-133. This motion was seconded by
Councilwoman Jones and carried on a 6-1 vote, with Councilwoman Bellamy
voting “no.”
RESOLUTION BOOK NO. 29 – PAGE 160
Councilman Newman moved for
the adoption of Resolution No. 05-134. This motion was seconded by
Councilwoman Jones and carried on a 6-1 vote, with Councilwoman Bellamy
voting “no.”
RESOLUTION BOOK NO. 29 – PAGE 162
Councilman Newman moved for
the adoption of Resolution No. 05-135. This motion was seconded by
Councilwoman Jones and carried on a 6-1 vote, with Councilwoman Bellamy
voting “no.”
RESOLUTION BOOK NO. 29 – PAGE 164
III. PUBLIC HEARINGS:
A.
PUBLIC HEARING TO CONSIDER THE REZONING OF 1451 SWEETEN CREEK ROAD FROM
RM-16 RESIDENTIAL MULTI-FAMILY HIGH DENSITY DISTRICT TO COMMERCIAL
INDUSTRIAL DISTRICT
ORDINANCE NO. 3245 - ORDINANCE TO REZONE 1451 SWEETEN CREEK ROAD FROM
RM-16 RESIDENTIAL MULTI-FAMILY HIGH DENSITY DISTRICT TO COMMERCIAL
INDUSTRIAL DISTRICT
Mayor Worley
opened the public hearing at 5:21 p.m.
Ms. Julia Cogburn,
Urban Planner, said this is the consideration of an ordinance to rezone
1451 Sweeten Creek Road from RM-16 Residential Multi-Family High Density
District to Commercial Industrial District. This public hearing was
advertised on June 10 and 17, 2005.
The
owners, Narrell E. and Billie S. Owenby, have petitioned the City for
rezoning property located on Sweeten Creek Road in South Asheville,
which presently contains a single-family residence. The property backs
up to Edgewood Road, a predominately residential street that intersects
with Rock Hill Road. Sweeten Creek runs through the back of this
property. As a result, a little over half of the property is in the
regulatory flood area. The immediate back portion of the property is in
the floodway.
The zoning
surrounding the site is varied. Zoning to the west is RS-8; to the
south RM-16; to the east RS-4; and to the north, CI.
The
property immediately south of this property is wooded and vacant.
Farther south there are a mix of residential uses. To the west, the
land use is predominately single-family residential as you cross
Edgewood Road although the Asheville Bit and Steel operation is located
to the northwest of the subject property across Edgewood Road. Land
uses to the north along Sweeten Creek Road are primarily commercial and
commercial/industrial in nature from this property to the intersection
of Sweeten Creek with I-40. To the east, across Sweeten Creek Road from
the subject property, the land use is predominately residential. The
Biltmore Church of God is located immediately northeast across Sweeten
Creek Road.
CI zoning
does not allow for single-family dwellings, so the existing structure
would become nonconforming with this rezoning. CI zoning does, however,
permit multi-family dwellings.
Sanitary sewer
and water are available to this property.
Pros
1.
The
property is in an appropriate area for commercial development and is
served by water and sewer. It is a level piece of property located
along a busy road just south of the intersection of this road with an
interstate highway.
2.
Sweeten Creek provides a natural delineation point for the transition
between commercial and residential development along Sweeten Creek Road
as just south of this lot is where two streams converge into the creek.
Cons
1.
This rezoning could be viewed by some as a continuation of strip
commercial development along Sweeten Creek Road.
2.
The
properties surrounding the subject property in every direction, except
to the north, are predominately developed for residential purposes.
The Planning and Development
staff recommended approval of this rezoning to the Asheville Planning
and Zoning Commission. At its meeting on April 6, 2005, the Planning
and Zoning Commission had a split vote of 3-3 on this petition. The
applicant has appealed to the Asheville City Council.
Ms. Cogburn
presented City Council with a copy of a petition which contained
approximately 35 signatures from members of the Stockwood Association
who are opposed to the proposed rezoning.
Mr. W. Louis
Bissette Jr., attorney representing the petitioner, presented City
Council with a petition which contained approximately 75 signatures of
people who support the rezoning to Commercial Industrial District. He
said that this property has been in Mr. Owenby’s family since around
1925. He showed City Council pictures of the property which showed the
close proximity of other Commercial Industrial uses. He felt the
rezoning would have a very mimimal impact on the Stockwood Subdivision.
He urged City Council to rezone the property and noted that with all the
restrictions on the property, they would not be able to get anywhere
near 16 residential units built. In addition, he felt residential would
not be attractive on the site due to the close proximity of other
industrial and commercial uses and the fact that it is on a major
thoroughfare.
Mrs. Hazel
Edwards, resident on Stockwood Road and owner of property adjoining the
subject property, did not oppose the rezoning.
The following
individuals spoke in opposition to the proposed rezoning for various
reasons, some being, but are not limited to: there will be a negative
impact on the residential quality and integrity of the Stockwood
community; the proposed property to be rezoned is kiddy-corner from the
only entrance to the Stockwood community; various uses can be built on
the property is the property is rezoned to Commercial Industrial; other
properties along Sweeten Creek Road are likely to request to be rezoned
Commercial Industrial as well; area residents bought their homes because
other residential property was around them; property values of the
residential homes will be reduced since they will be able to see
industrial from their homes; City Council should stop rezoning
residential property; if Council does want to rezone the property, they
should wait until the widening of Sweeten Creek Road is completed; and
more traffic will be added to Sweeten Creek Road if zoned Commercial
Industrial:
Mr. Douglas
Johnson, resident on Stockwood Road
Ms. Martie
Hillyer, resident on Stockwood Road
Mr. Kevin
Blanton, resident on Stockwood Road
Ms. Nancy Taylor,
resident on Stockwood Road
Mr. Paul McNeil,
resident on Stockwood Lane
Mr. Bissette
pointed out that for commercial zoning, they are required to have a
35-foot setback, which is a great deal more than the residential
required setback. He felt the setback would help buffer the building
from the road and from the neighborhood.
Mayor Worley
closed the public hearing at 5:50 p.m.
At the request of
Councilwoman Bellamy, Ms. Cogburn read the permitted uses allowed in the
Commercial Industrial District.
Mayor Worley said
that members of Council have previously received a copy of the ordinance
and it would not be read.
Councilman Davis
moved for the adoption of Ordinance No. 3245. This motion was seconded
by Vice-Mayor Mumpower.
Vice-Mayor
Mumpower felt this would be a limited intrusion on the neighborhood but
a reality of a growing city.
Councilwoman
Bellamy agreed that the Sweeten Creek Road area is changing, however,
this property is basically surrounded by residential. She felt that if
the property was brought to Council as a conditional use permit, then
Council could place restrictions on it. However, a straight rezoning
allows too many unknowns.
The motion made
by Councilman Davis and seconded by Vice-Mayor Mumpower carried on a 4-3
vote, with Mayor Worley, Vice-Mayor Mumpower, Councilman Davis and
Councilman Dunn voting “yes” and Councilwoman Bellamy, Councilwoman
Jones and Councilman Newman voting “no.”
Mayor Worley said
that due to the number of votes received in favor of this ordinance, it
would require a second reading, which will be held at the next formal
meeting on July 12, 2005. He said that there will be no public comment
allowed at the second reading.
ORDINANCE BOOK NO. 22 – PAGE 133
B.
PUBLIC HEARING TO CONSIDER THE ISSUANCE OF A CONDITIONAL USE PERMIT FOR
PROPERTY LOCATED ON KENILWORTH KNOLL, KNOWN AS THE BEAUCATCHER
CONDOMINIUMS, FOR A PROPOSED 106-UNIT CONDOMINIUM PROJECT
ORDINANCE NO. 3246 - ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR
PROPERTY LOCATED ON KENILWORTH KNOLL, KNOWN AS THE BEAUCATCHER
CONDOMINIUMS, FOR A PROPOSED 106-UNIT CONDOMINIUM PROJECT
Oaths were
administered to anyone who anticipated speaking on this matter.
City Attorney
Oast reviewed with Council the conditional use district zoning process.
This process is the issuance of a conditional use permit, which is a
quasi-judicial site specific act. At this public hearing, all the
testimony needs to be sworn.
After hearing no questions about the procedure, Mayor Worley
opened the public hearing at 5:58 p.m.
All Council
members disclosed that they have visited the site and would consider
this issue with an open mind on all the matters before them without
pre-judgment and that they will make their decision based solely on what
is before Council at the hearing.
City Attorney Oast said that
as documentary evidence is submitted, he would be noting the entry of
that evidence into the record.
Urban Planner Kim
Hamel submitted into the record City Exhibit 1 (Affidavit of
Publication), City Exhibit 2 (Certification of Mailing of Notice to
Property Owners); and City Exhibit 3 (Staff Report).
Ms. Hamel said
that this is the consideration of the issuance of a conditional use
permit for property located on Kenilworth Knoll, known as the
Beaucatcher Condominiums, for a proposed 106-unit condominium project.
On April
29, 2005, the Kassinger Development Group and their representative
Gerald Green submitted a conceptual master plan for the construction of
a 106-unit condominium project proposed on approximately 5.2 acres off
of Kenilworth Knoll (Attachment to City Exhibit 3 – Aerial Map). The
project site involves two parcels; the former McGuffy’s Restaurant site
and the Visions Healthclub site, each zoned Highway Business. The
properties surrounding the site are all zoned Highway Business and
include the following uses: an assortment of retail, restaurant and
lodging facilities along the north and west sides of the property, a
high-density multi-family complex to the south and Interstate 240, to
the east.
The
conceptual master plan and development of the site will include
(Attachment to City Exhibit 3 – Site Plan):
·
Demolition of the McGuffy’s restaurant and Visions Healthclub
facilities;
·
A
14,400 square foot parking deck consisting of 48 spaces;
·
A
36, 210 square foot off-street surface parking area consisting of 116
spaces;
·
Sidewalks will be provided from the development to Tunnel Road;
·
Transit shelter will be provided at the existing bus stop located at
Tunnel Road and Kenilworth Knoll;
·
Construction of a 163, 600 square foot building, housing 106 condo
units;
o
74
– 2 bedroom units, and 32- 1 bedroom units
o
Building will consist of 4-stories at a height of 50-feet
The
elevations included in the plan submittal are for the front and rear
facades of the building (Attachments to City Exhibit 3 – East Elevation
and Rear Elevation Drawings). It illustrates craftsman style
architecture with details such as: porches, chimneys, gabled rooflines
with moderate to deep overhangs and double-hung windows. A list of
proposed building material includes: stonework, hardi-plank siding,
painted wood trim and cedar shake siding.
On May 16,
2005, the Technical Review Committee (TRC) approved the project subject
to the conditions outlined in the staff report and with the following
added conditions: (1) The applicant address right-of-way and property
discrepancy issues; (2) Sidewalk shall be installed along Kenilworth
Knoll Drive down to Tunnel Road; and (3) Pedestrian signals shall be
required at Kenilworth Knoll Drive and Tunnel Road.
The plans
have been revised to address several TRC conditions outlined in the TRC
Staff report including: setbacks, landscaping, open space and parking.
Additional comments will be addressed upon final submittal to the TRC,
should the project be approved by City Council.
On June 1,
2005, the Planning and Zoning Commission voted 7-0 in favor of approving
the project subject to conditions by the TRC, staff and the following
condition: The crosswalks required by the Technical Review Committee at
the corner of Tunnel Road and Kenilworth Knoll, shall be upgraded to
high-visibility type crossings. Markings may be ladder-style or
piano-key
style,
similar to City markings in the downtown area. Material shall be white
thermoplastic meeting N.C. Dept. of Transportation standards.
City Council must take formal action as set forth in section
7-9-9(c)(4) of the Unified Development Ordinance (UDO), and must find
that all seven standards for approval of conditional uses are met based
on the evidence and testimony received at the public hearing or
otherwise appearing in the record of this case (UDO 7-16-2(c)).
- That the
proposed use or development of the land will not materially endanger
the public health or safety.
The proposed use of the
property is a multi-family residential project. Prior to the issuance
of any permits, the TRC will review the final detailed plans to insure
technical standards set forth in the UDO, the Standards and
Specifications Manual, the North Carolina Building Code and other
applicable laws and standards that protect the public health and safety,
are met.
- That the
proposed use or development of the land is reasonably compatible with
significant natural or topographic features on the site and within the
immediate vicinity of the site given the proposed site design and any
mitigation techniques or measures proposed by the applicant.
The project
site consists of two developed parcels that will be excavated in order
to construct the proposed development. Additional grading of the site
will occur along portions of the western side of the property where the
land begins to drop in elevation, excluding the steeper parts of the
bank. This is necessary to accommodate both the parking deck and
portions of the building that are proposed below grade. A single
retaining wall structure will only be necessary around the sidewalk
proposed on the northern end of the building. The required landscaping
in this area, however, will mask the height of the structure.
- That the
proposed use or development of the land will not substantially injure
the value of adjoining or abutting property.
The
project site and the surrounding properties are all zoned Highway
Business district and consist of both low to high impact commercial uses
and high density residential uses. The building is being designed with
high-quality, long lasting building materials with enhanced
architectural features and is likely to have a positive affect on
adjoining and abutting properties. In addition, landscape buffers are
proposed around the perimeter of the site, which will assist in
mitigating any negative impacts the development may have on the
surrounding area.
- That the
proposed use or development or the land will be in harmony with the
scale, bulk, coverage, density, and character of the area or
neighborhood in which it is located.
The development will be compatible with the
immediate and surrounding area that is zoned Highway Business district
where a wide range of uses and a mixture of both small and large scaled
buildings exist. The site is not only being developed at a density below
what is permitted, but is also being developed in a manner that
preserves the steeper slopes on site. In addition to the perimeter
landscaping required for the project, both the parking deck and portions
of the residential building are proposed below grade in order to assist
in providing visual relief of the full scale and height of the
structures. Lastly, the proposed building is designed with enhanced
architectural features and long lasting building materials that is
likely to add character to the surrounding area.
- That the
proposed use or development of the land will generally conform to the
comprehensive plan, smart growth policies, sustainable economic
development strategic plan and other official plans adopted by the
City.
The project is supported by numerous goals
and strategies in the plan relating to infill development, smart growth
policies and transportation goals. The project utilizes the existing
zoning on the lot to create a sustainable high-density residential
development within the City Limits. The site is also located within
very close proximity of transit service, potential employment centers,
restaurants and shopping centers.
- That the
proposed use is appropriately located with respect to transportation
facilities, water supply, fire and police protection, waste disposal,
and similar facilities.
A transit
stop currently exists along the north side of Kenilworth Knoll and
Tunnel Road.
Additionally, any development of the site would require technical
approval from all applicable departments including representatives of
the Water Resources, MSD, Engineering, Fire and Building Safety
Departments. The conceptual plans for the development have been
reviewed by the City’s TRC, which found that adequate services and
facilities are available for the proposed development.
- That the
proposed use will not cause undue traffic congestion or create a
traffic hazard.
The site is served by a traffic signal at
the intersection of Kenilworth Knoll and Tunnel Road. Comments received
from Engineering staff at the Technical Review Committee meeting did not
foresee any undue traffic congestion or hazards being created from this
development.
Pros
-
The site is
appropriately zoned for this type of development.
-
The project
supports numerous goals and strategies outlined in the City’s 2025
plan as it relates to smart growth, infill and sustainable
development, and transportation goals.
- The proposed
development will provide a high-quality infill site on several
properties, one of which has remained vacant for a period of time.
- The density
proposed for the development can be supported by the existing
infrastructure and is in close proximity to transit service, potential
employment centers and shopping venues, which makes the development
attractive and appropriate at this location.
-
The project will
provide housing for people with a range of incomes and needs.
Proposed pricing of the units range from $143,000k to $300,000.
Cons
·
It
is noted that staff did not find any “cons” with the proposed
development.
Based on the seven findings,
staff recommends approval of the conditional use permit with the
conditions outlined by the TRC and the following added conditions (1)
All site lighting shall be equipped with 90 degree cutoff features and
be directed away from adjoining properties and streets; (2) All existing
vegetation to be retained shall be clearly indicated and dimensioned on
the site plan; and (3) The crosswalks required by the Technical Review
Committee at the corner of Tunnel Road and Kenilworth Knoll, shall be
upgraded to high-visibility type crossings. Markings may be
ladder-style or piano-key style, similar to City markings in the
downtown area. Material shall be white thermoplastic meeting N.C. Dept.
of Transportation standards.
Upon inquiry of
Councilwoman Bellamy, City Attorney Oast said that City Council does not
have a role in the contractual issues between the operator of the health
club and the patrons.
Mr. Gerald Green,
representing the developer, spoke in support of the conditional use
permit. They hope to strengthen the residential core in that area.
This project will provide a wide-range of home ownership for people in
our community.
After rebuttal,
Mayor Worley closed the public hearing at 6:15 p.m.
Councilman Newman moved for
the adoption of Ordinance No. 3246, granting a conditional use permit
for property located on Kenilworth Knoll, known as the Beaucatcher
Condominiums, subject to the conditions outlined by the TRC and the
following added conditions: (1) All site lighting shall be equipped
with 90 degree cutoff features and be directed away from adjoining
properties and streets; (2) All existing vegetation to be retained
shall be clearly indicated and dimensioned on the site plan; and (3) The
crosswalks required by the Technical Review Committee at the corner of
Tunnel Road and Kenilworth Knoll, shall be upgraded to high-visibility
type crossings. Markings may be ladder-style or piano-key style,
similar to City markings in the downtown area. Material shall be white
thermoplastic meeting N.C. Dept. of Transportation standards. This
motion was seconded by Councilman Dunn and carried unanimously.
ORDINANCE BOOK NO. 22 – PAGE 135
C.
PUBLIC HEARING TO CONSIDER THE REZONING OF TWO LOTS ON HAYWOOD ROAD FROM
COMMUNITY BUSINESS II DISTRICT TO CENTRAL BUSINESS DISTRICT
ORDINANCE NO. 3247 - ORDINANCE TO REZONE TWO LOTS ON HAYWOOD ROAD FROM
COMMUNITY BUSINESS II DISTRICT TO CENTRAL BUSINESS DISTRICT
Mayor Worley
opened the public hearing at 6:20 p.m.
Mr. Alan Glines,
Urban Planner, said this is the consideration of an ordinance to rezone
two lots on Haywood Road from Community Business II District to Central
Business District. This public hearing was advertised on June 10 and
17, 2005.
The owners of 797
Haywood Road, Paul and Margaret Nichols, with a lease purchase option to
SAW Ventures Haywood LLC, were given a letter of violation regarding
grading activity without an approved permit on the two lots that are a
part of the rezoning request. This is related to renovation work being
done at 797 Haywood Road to excavate the basement of the existing
building.
This project and property
came to the attention of the Planning and Development staff because of
grading activity on the two parcels adjacent to the Nichols Furniture
building at 797 Haywood Road. The new owners of this building are SAW
Haywood Ventures, LLC who are renovating the building. They also have a
lease purchase agreement for the two adjacent parcels. The parcels
provided parking for Nichols Furniture when it operated there. In order
to use the basement of the former Nichols Building, the owners began to
excavate soil in order to lower the floor level. The soil material was
placed on these adjacent lots and the grading began. The Unified
Development Ordinance outlines that grading activities require a
permit.
After
meeting with staff, SAW Haywood Ventures decided to seek a rezoning for
the two parcels to provide consistent zoning for the properties that are
under their control. A rezoning to CBD will also provide some relief to
the landscape bufferyard requirements for the CBD parcels. This is
consistent with the historic pattern of development for the downtown
business section of the Haywood Road. Properties are often developed
parcel line to parcel line without a large landscape buffer area.
However, if a parking lot were developed, a minimum five foot wide
parking lot landscape strip would be required which includes a row of
trees interspersed with shrubs. Additional parking lot landscaping may
be required if internal parking lot aisles are provided.
Staff is
considering some rezoning action along the Haywood Road corridor. Based
on the high level of redevelopment activity along Haywood, staff is
interested in selecting a suitable zoning district. It seems clear that
the older development pattern with the building placed at the street
front with a commercial storefront would be a successful pattern for new
development along the corridor. A recent report produced by students
from UNC-Chapel Hill also recommended a consistent pattern for
commercial uses along the corridor. Zoning options considered by staff
for Haywood Road have included the Neighborhood Corridor District, Urban
Place District or a special district created for Haywood Road. The
study by staff for this area is just getting underway and we are not
ready to provide a complete recommendation for what zoning district will
be most suitable at this time.
The Central
Business District (CBD) is provided to reinforce the downtown as the
center of commerce for the region. It also allows a wide variety of
uses including office, retail, residential and commercial uses. It is
likely that parts of Haywood Road were zoned CBD because this was the
best fit for existing buildings and uses along the corridor. More of
the properties are conforming with the CBD zoning in place. Also the
Haywood Road corridor is historically the main commercial street for
west Asheville and provides a similar function that the central business
district does. Buildings are required to be set just behind the
sidewalk in the Central Business District zoning areas. There are also
some building development standards for new projects in this district.
The
Community Business II District (CBII) allows medium to high density
business and service uses serving several residential neighborhoods. CB
II is also expected to serve as a workplace for many residents in the
surrounding neighborhood and also be pedestrian and auto friendly. A
wide variety of office, retail and residential uses are allowed in the
CB II district. Although buildings can be placed anywhere on the lot,
locating the building to the front of the lot is encouraged and parking
is allowed to the side or rear of the building but not in front.
Pros
·
The rezoning
provides zoning consistency for this property and other adjoining
properties under the same ownership.
- The historic
development pattern is maintained and consistent with the surrounding
area.
- A zoning change
to CBD provides an efficient development pattern with some additional
development standards for new buildings.
Cons
§
The rezoning request
removes the requirement for the landscape bufferyard, which is based on
compatibility of uses.
The Planning and
Zoning Commission at their June 1, 2005, meeting voted 7-0 to recommend
approval of the rezoning request. City staff concurs with that
recommendation.
Mr. Austin
Walker, applicant, was pleased to see what is happening in west
Asheville and urged City Council to support his rezoning.
Councilwoman
Bellamy said that the subject lots are deeper than the surrounding ones
on Haywood Road and asked that as plans are developed, that they work
with City staff to ensure that the houses are shielded from excess
traffic and noise.
Mayor Worley
closed the public hearing at 6:22 p.m.
Mayor Worley said
that members of Council have previously received a copy of the ordinance
and it would not be read.
Councilman Dunn
moved for the adoption of Ordinance No. 3247. This motion was seconded
by Councilwoman Bellamy and carried unanimously.
ORDINANCE BOOK NO. 22 - PAGE
D.
PUBLIC HEARING TO CONSIDER THE REZONING OF FOUR LOTS ON CLINGMAN AVENUE
AND ADJOINING RIGHT-OF-WAY FROM RM-8 RESIDENTIAL MULTI-FAMILY MEDIUM
DENSITY DISTRICT TO URBAN RESIDENTIAL DISTRICT
ORDINANCE NO. 3248 - ORDINANCE TO REZONE FOUR LOTS ON CLINGMAN AVENUE
AND ADJOINING RIGHT-OF-WAY FROM RM-8 RESIDENTIAL MULTI-FAMILY MEDIUM
DENSITY DISTRICT TO URBAN RESIDENTIAL DISTRICT
Vice-Mayor
Mumpower moved to excuse Councilwoman Bellamy from participating in this
matter due to a conflict of interest. This motion was seconded by
Councilman Davis and carried unanimously.
Mayor Worley
opened the public hearing at 6:28 p.m.
Ms. Julia Cogburn,
Urban Planner, said this is the consideration of an ordinance to rezone
four lots on Clingman Avenue and adjoining right-of-way from RM-8
Residential Multi-Family Medium Density District to Urban Residential
District. This public hearing was advertised on June 10 and 17, 2005.
The
owners, Mountain Housing Opportunities, Inc., have requested the
rezoning of property located on the western side of Clingman Avenue
immediately south of the developing Prospect Terrace area. The
properties are currently vacant. The area proposed for rezoning abuts
Clingman Avenue. It is proposed that one property be split zoned so
that only the portion that abuts Clingman is rezoned to URD (leaving the
portion abutting Jefferson as RM8). A small creek runs through a deep
ravine in the property. Fill and piping will be necessary to develop
the site. An unopened right-of-way has been included in this rezoning.
MHO plans to petition to close this right-of-way in the future.
Zoning and
land use surrounding the site are predominately higher density
residential in nature. The zoning to the west is RM8; to the south RM8
with CI further down Clingman; to the east, the zoning is RM8 and to the
north the zoning is mostly RM16.
The
property immediately to the south of the subject properties is vacant.
The Silver Dollar Restaurant is on property further south along Clingman
as you approach the commercial/industrial section of the West End/Clingman
neighborhood at the river. Properties to the north, west and east are
predominately higher density single-family residential in character.
The RM8
District is intended to permit a full range of medium density
multi-family housing types including single-family detached and attached
residences.
The URD
District is established to complement existing residential neighborhoods
by providing an improved diversity of housing types, scale,
affordability and character in areas where they can best be served by
city services and infrastructure and is intended to be located on
significant transit corridors and/or high growth areas. It is designed
to provide new development and redevelopment opportunities that
encourage urban scaled residential structures that relate to the street
and character of Asheville’s urban areas. A density of 32 units per
acre is permitted.
Access to the
properties is off of Clingman Avenue and Owens Bell Road. Sanitary
sewer and water are available.
Pros
- The property is
an appropriate area for higher density residential development as it
is located in an area close to downtown with infrastructure to support
such development.
- The plans for
the West End/Clingman area promote higher density residential
development in the residential core of the neighborhood.
- Surrounding
development is predominately higher density residential in nature.
Cons
- Large ravine on
the property will make development difficult.
§
Non-residential
development allowed in the URD District as part of a mixed use
development may be considered by some to be inappropriate for this
residential area.
The
Planning and Development staff recommended approval of this rezoning to
the Asheville Planning and Zoning Commission. At its meeting on June 1,
2005, the Planning and Zoning Commission unanimously (6-0) voted to
recommend approval of this rezoning to City Council.
Mr. Mike Vance, representing Mountain Housing Opportunities,
urged City Council to support their rezoning request.
Mayor Worley
closed the public hearing at 6:30 p.m.
Mayor Worley said
that members of Council have previously received a copy of the ordinance
and it would not be read.
Vice-Mayor
Mumpower moved for the adoption of Ordinance No. 3248. This motion was
seconded by Councilwoman Jones and carried unanimously.
ORDINANCE BOOK NO. 22 - PAGE
E.
PUBLIC HEARING TO CONSIDER THE CONDITIONAL USE ZONING OF PROPERTY
LOCATED AT 13 SUMMERLIN ROAD FROM RM-6 RESIDENTIAL MULTI-FAMILY LOW
DENSITY DISTRICT TO INSTITUTIONAL/CONDITIONAL USE; AND THE ISSUANCE OF A
CONDITIONAL USE PERMIT FOR A PROPOSED 9,000 SQUARE FOOT
BUILDING EXPANSION AND AN ADDITIONAL 24-SPACE SURFACE PARKING LOT
ORDINANCE NO. 3249 - ORDINANCE REZONING PROPERTY LOCATED AT 13 SUMMERLIN
ROAD FROM RM-6 RESIDENTIAL MULTI-FAMILY LOW DENSITY DISTRICT TO
INSTITUTIONAL/CONDITIONAL USE
ORDINANCE NO. 3250 - ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR
PROPERTY LOCATED AT 13 SUMMERLIN ROAD FOR A PROPOSED 9,000 SQUARE FOOT
BUILDING EXPANSION AND AN ADDITIONAL 24-SPACE SURFACE PARKING LOT
Oaths were
administered to anyone who anticipated speaking on this matter.
City Attorney
Oast reviewed with Council the conditional use district zoning process
by stating that this is a two-part process. It requires rezoning, which
is a legislative act, and the issuance of a conditional use permit,
which is a quasi-judicial site-specific act. Even though the public
hearing on those two items will be combined, all the testimony needs to
be sworn and two votes will need to be taken. The first vote will be to
grant the rezoning to the conditional use district category and the
second vote will be to issue the conditional use permit. If Council
runs into a situation that it votes to rezone, Council doesn’t have to
issue the conditional use permit on the same night.
After hearing no
questions about the procedure, Mayor Worley opened the public hearing at
6:36 p.m.
All Council
members disclosed that they have visited the site and would consider
this issue with an open mind on all the matters before them without
pre-judgment and that they will make their decision based solely on what
is before Council at the hearing.
City Attorney Oast said that
as documentary evidence is submitted, he would be noting the entry of
that evidence into the record.
Urban Planner
Shannon Tuch submitted into the record City Exhibit 1 (Affidavit of
Publication), City Exhibit 2 (Certification of Mailing of Notice to
Property Owners); and City Exhibit 3 (Staff Report).
Ms. Tuch
said that this is the consideration of a request to rezone property
located at 13 Summerlin Road from RM-6 Residential Multi-Family Low
Density District to Institutional/ Conditional Use, and a request to
issue a conditional use permit for a proposed 9,000 square foot building
expansion and an additional 24-space surface parking lot.
The owners
of the property, Clear Channel Communication, have requested the
conditional use zoning of property located in the City’s
extraterritorial jurisdiction area (ETJ) and unnamed neighborhood in
West Asheville, north of Patton Avenue (Attachment to City Exhibit 3 –
Location Map). The property is relatively large with a significant
natural woodland surrounding the developed portion of the site. The
existing building and parking area is accessed off of the dead-end of
Summerlin Drive where City maintenance ends at the edge of the property
(Attachment to City Exhibit 3 – Aerial Map). The property is surrounded
by a few different zoning districts with the majority of the adjacent
zoning being multi-family residential (RM-6 & RM-16); the property south
of the subject site is single family residentially zoned (RS-2). Also
located on the site are four communication broadcast towers scattered
throughout.
The
current use, radio broadcast studios and offices, is currently a
“grandfathered” non-conforming use due to the existing RM-6 zoning in
which business and office uses are not permitted. Non-conforming uses
are not allowed to expand and any consideration of expansion would
require a rezoning to a district that would allow the use as a
“permitted use”. The applicant is requesting a rezoning to the INST-CUZ
designation in order to allow for the expansion but to also ensure that
there will be limits on this, and any future development, in order to
secure some compatibility with the adjacent properties.
The
proposed Master Plan shows the existing 6,733 square foot building and
existing 39 space parking lot (Attachment to City Exhibit 3 – Site
Plan). Also shown on the Master Plan are two building and parking lot
expansions. The first expansion (Phase 1) is for 9,000 square feet and
an additional 24 parking spaces. The applicant is also seeking
conceptual approval for a second building expansion (Phase 2) of an
additional 5,200 square feet and 39 parking spaces (that would absorb
the previous 24 spaces). Phase 1 would result in the maximum amount of
parking permitted; Phase 2 would reduce the parking ratio to be within
the minimum and maximum amount of parking permitted for the entire
project area. Also associated with the project will be landscaping and
other site compliance required for the parking areas (City Exhibits 4
and 5 – Existing Parking Photos). The proposed project will result in a
medium impact use; when a medium impact use is adjacent to low or medium
density residential a 25’ Type ‘C’ landscape is required. This buffer
may be reduced by approximately 40% when a distance separation of over
100 linear feet exists. Due to this separation and the amount of
existing woodland that will remain, an alternative compliance that
preserves the existing woodland edge will be considered as an
alternative that is “equal to or better” than normal compliance. In
areas where the surrounding woodland does not meet the minimum standard,
additional plant material will be installed to meet the requirements of
Section 7-11-2 of the Unified Development Ordinance.
At their
May 16, 2005, meeting, the Technical Review Committee (TRC) met to
review the project and made a motion to approve the rezoning and
Conditional Use Permit request with the conditions outlined in staff’s
report. The majority of the revisions were minor revisions of
clarification.
At their
June 1, 2005, meeting, the City of Asheville Planning and Zoning
Commission reviewed the Conditional Use Rezoning and Master Plan
proposal and voted unanimously to recommend approval to the Asheville
City Council, stipulating that the applicant meet all outstanding TRC
conditions. In the intervening month the applicant has submitted a
revised Master Plan that does appear to address the majority of the TRC
comments, in addition to a formal letter of alternative compliance.
City Council must take formal action as set forth in section
7-9-9(c)(4) of the Unified Development Ordinance (UDO), and must find
that all seven standards for approval of conditional uses are met based
on the evidence and testimony received at the public hearing or
otherwise appearing in the record of this case (UDO 7-16-2(c)).
- That the
proposed use or development of the land will not materially endanger
the public health or safety.
The proposed
project has been reviewed by City staff and appears to meet all public
health and safety related requirements. The project must meet the
technical standards set forth in the UDO, the Standards and
Specifications Manual, the North Carolina Building Code and other
applicable laws and standards that protect the public health and safety.
- That the
proposed use or development of the land is reasonably compatible with
significant natural or topographic features on the site and within the
immediate vicinity of the site given the proposed site design and any
mitigation techniques or measures proposed by the applicant.
The proposed
building expansion will be located in the portion of the property where
topography is very mild and only a relatively small amount of site
disturbance is expected.
- That the
proposed use or development of the land will not substantially injure
the value of adjoining or abutting property.
The existing
use and proposed expansion are centrally located on the site with a
substantial distance and vegetative buffer in place. No new access
points for the project are proposed and it is anticipated that the
expansion will be barely detectable by adjacent properties.
- That the
proposed use or development of the land will be in harmony with the
scale, bulk, coverage,
density, and character of the area or neighborhood in which it is
located.
The proposed
expansion is considered to be small (one story; 15,200 square feet
total), relative to the size of the subject property (over 61 acres).
In addition, as a result of the proposal a significant vegetative buffer
will remain in place which will aid in preserving the character of the
residential areas by buffering them from the non-residential use.
- That the
proposed use or development of the land will generally conform to the
comprehensive plan, smart growth policies, sustainable economic
development strategic plan and other official plans adopted by the
City.
The
Asheville City Development Plan 2025 describes the need for the
city to move away from “smokestack” type industries while attacting
high-tech businesses. It also states that as a goal of the
Sustainable Economic Development Strategic Plan that effort must be
made to insure that Asheville’s urban planning, zoning, and permitting
processes, facilitate sustained and positive development (p. 200).
Approval of this project would allow for the expansion of a “smokeless”
high-tech business while the adoption of the associated masterplan would
help insure compatibility with the adjacent residential uses.
- That the
proposed use is appropriately located with respect to transportation
facilities, water supply, fire and police protection, waste disposal,
and similar facilities.
This
proposed development is within close proximity to transportation
facilities and other utilities appear adequate. The project area is
located near major road facilities, interstate connections and other
service centers on Patton & the New Leicester Highway. In addition,
the proposed project will only require a relatively small expansion to
the existing water and sewer service and preliminary review has not
revealed any problems with providing future service to the building
expansion.
- That the
proposed use will not cause undue traffic congestion or create a
traffic hazard.
Although the
proposed building expansion is 1 ½ times the size of the existing
building, the parking area is not being expanded to the same ratio. No
new access points for the project are being proposed and the use is not
expected to generate at significant amount of traffic. Lastly, the City
Traffic Engineer has reviewed the proposal and has not identified any
traffic hazards.
Pros
- Allows for the
expansion of a high-tech business.
- Retains a
significant distance and vegetative buffer to adjacent properties.
Cons
- Allows for the
expansion of a currently non-conforming use.
·
Reduces the potential
for the property to be redeveloped for a multi-family residential
development.
For the reasons outlined, City staff concurs with the
Planning and Zoning Commission and recommends approval of the zoning
change from RM-6 to Institutional/Conditional Use and approval of the
associated conditional use permit with detailed Master Plan.
Mr. Jeff Glasscock, architect representing Clear Channel,
urged City Council to support the conditional use zoning.
After hearing no
rebuttal, Mayor Worley closed the public hearing at 6:38 p.m.
Vice-Mayor
Mumpower moved to approve the conditional use rezoning for property
located at 13 Summerlin Road from RM-6 Residential Multi-Family Low
Density District to Institutional/Conditional Use. This motion was
seconded by Councilman Newman and carried unanimously.
ORDINANCE BOOK NO. 22 - PAGE
Vice-Mayor
Mumpower moved to adopt Ordinance No. 3250, to issue a conditional use
permit for property located at 13 Summerlin Road for a proposed 9,000
square foot building expansion and an additional 24-space surface
parking lot, subject to the applicant addressing all outstanding TRC
conditions before final zoning approval. This motion was seconded by
Councilwoman Bellamy and carried unanimously.
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