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Coalition of Asheville Neighborhoods
Helping Neighborhoods become Better Places for all People
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CAN MEETING |
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2nd Monday each month, 7:00pm-9:00pm at the Oakley Community Center, 749 Fairview Rd., behind the Fire Station and below the Library. Open to the public. Bring your issues, ideas, and energy. |
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P&Z Meeting Report 3/1/06 |
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Written by Tom Rightmyer
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Sunday, 05 March 2006 |
Wal-Mart approved with lots of conditions.
Report on Planning and Zoning Commission meeting Wednesday, March 1, 2006
Summary: West Asheville Wal-Mart proposal adopted with lots of conditions. Meeting was interpreted in Spanish.
Draft Report. Please send corrections and comments to Tom Rightmyer trightmy@juno.com
Pre-meeting meeting at 4:00.
Joe Heard said Merrimon survey collated – I will check with Scott Shuford for more information.
Joe said that the owner of 107 Liberty had proved that there had been 7 units in the building since 1972, so no fines for zoning violations, though there may be some for housing code violations. Joe is working on a letter and will share it with us when sent.
1. Presentation on Digital Billboards by Mike Wheeler of city planning staff. – video shown on billboards “outdoor signs” Digital display will do the work of several billboards, Lamar, not moving or video screen. Easy change and can be used for community announcements. At present cap on number, companies may relocate within overlay district as established by city council. Lamar agrees that new board will replace some number of present billboards. Will need change in ordinance – different from board near Mountain Home exit on I-26 which is distracting and unattractive. Six messages per board changing at about 10 second intervals. Adjust brightness. No more peeling & faded signs. Size – potential reduction from 600+ to 300 +/-. Location proposed Hendersonville Road at Turtle Creek – one board two sides. There is a new Lamar digital sign on I-26 westbound before airport beyond construction facing north – westbound – on west side of road. This sign backs up to another regular billboard. Issue is change of message – more than twice in 24 hours makes it marquee sign, presently allowed only in Central Business District. NCDOT standards on interstates, Av has asked other cities for information but no response yet.
2. Review of agenda items. – Type of business concern of P&Z, but operator of business not properly a concern. Proposed use is discount retail. Translation into Spanish will be simultaneous except when Spanish speaker makes public comment; in that case translation into English will be consecutive.
3. Discussion of the Planning and Zoning Retreat 2006 - Thursday 3-23-06 11:00 am – 4:30 pm (Bus tour followed by Retreat in Public Works Building Room A 109).
Public meeting at 5:00
ADMINISTRATIVE
1. Roll call – all members present
2. Minutes approved for February 1, 2006 - approved
LEVEL III
1. Level III site plan review for the project identified as Crowell Park Apartments for a proposed 80-unit apartment complex, located on Crowell Road, near Smokey Park Highway and I-40. The owner is The Estate of Harlan L. Barnes & Murphy-Wilson Investments, Inc and the contact is Cindy Weeks, of Mountain Housing Opportunities. The properties are identified in the Buncombe County tax records as 9617.08-79-9568 and 9617.08-89-2443. Planner coordinating review – Kim Hamel
Cindy Weeks recused and left room. Present zoning is Highway Business, 20 units per acre proposed. Access off Crowell Road by two one way drives. Road to be upgraded to 20 feet, two buildings 42K each, 73 units roughly evenly divided among one, two, and three bedroom apartments, central green area. Open space increased by reducing number of units. Closest bus stop is at DOT on Smoky Park Highway.
Gerald Green spoke for applicant. Mission of Mountain Housing is to provide affordable housing for area. Rents not subsidized but tax credits used to reduce cost of construction. Plan breaks up mass of buildings. Site plan to preserve some of the trees. Rent range based on number of bedrooms – Scott Dedmon 1 br 275-375, 2 br to 445, 3 br to 500. Requirements: clean credit and criminal record, limited income but able to afford rent. Manager on site; neighborhood meeting with a dozen neighbors
Mike Plemmons for CIBO endorses project. Bobby Hawkins, neighbor, be sure that 20 ft width of road from corner, present width from Old Haywood to corner is 20 or wider – near Crackel Barrell. Approved, motion by Jones, second by Hart with amendment that bus stop to be constructed or paid for by MHO when city bus runs within 2/10 mile of project. Unanimous.
REZONING
1. Consideration to rezone property located on Beaucatcher Road from OB (Office Business) district to RM-6 (Residential Multi Family Low Density) district. The property owner is Pinnacle Properties of WNC, LLC, c/o Dr. Timothy Gillespie., and the contact is Clay Mooney. Portion of PIN 9658.05-08-1285. Planner coordinating review – Alan Glines
Clean up back part of small property on Beaucatcher left over from restaurant development. No comments at public hearing. Request from staff to owner who agreed. Is property .04 or .4 acres. Approved, Cannady moved, Weeks seconds. Unanimous.
CONDITIONAL ZONING*
1. Consideration of the Conditional Zoning request for the project identified as the Wal-Mart Super Center located on Smokey Park Highway and Cooper Boulevard. The conditional zoning request seeks: 1) the rezoning from HB (Highway Business District) and RS 4 (Residential Single Family Medium Density) district to HB CZ (Highway Business District Conditional Zoning); and 2) for a proposed Wal-Mart Super Center store and additional retail development. The owners are JDN Development Company, Inc., Asheville Property Management, Carl & Linda Harris, Wallace & Betty Medlin, and Jim & Lucy McFee. PINs 9628.17-10-3945, 9628.17-10-2516, 9628.17-00-8730, 9628.17-00-7988, 9628.17-01-8339 portion, 9628.17-01-8526 portion, and 9628.17-01-9806 portion. Planner coordinating review – Shannon Tuch
184K store proposed. Access from light at Lowes and a right in and right out from Smokey Park. Police have been consulted.
Developer to be allowed 30 minutes to present. (6:18 – 6:48) Ashley Story, Raleigh attorney. Written response to be distributed. Most of the conditions Civil engineer – terraced retaining walls on west side of property, seen only from commercial property. Pond on north side lessens impact on adjacent property. Sidewalk improvements (14 below) at Leicester Highway presents right of way problems and thought unreasonable.
Architect from Tulsa, Oklahoma. 200 skylights with mechanical louver at night. Noise lessened by containing walls for compactors, etc. Different color roof. Smoking area for employees inside.
William Booth, Raleigh, Risk Management consultant on crime prevention.
Story concluded. Wal-Mart proposes to give $200K to facilitate move of people from mobile home park. People who own units – $4K per unit to relocate trailers. Relief in same dollar range per unit for tenants but not determined how to distribute it, some to trailer owner and some to tenant.
I asked engineers about permeable paving. It is 3 times as expensive as asphalt and doesn’t work well on clay. Since it is not required by city code it is not being considered.
18 conditions proposed by staff.
1. Address all outstanding TRC conditions
2. Lighting plan to meet IESNA standards and equipped with full cut off features to be provided for review and approval.
3.. Revise building elevations to reflect a more urban style in keeping with the architecture of west Asheville: this style should include, but is not limited to, the utilization of brick, stone, steel and architectural concrete across the entirety of the façade with greater articulation along the roofline and key points along the façade to break up the massing.
4. Revise the design of the sign to better fit contextually with the architectural character of the building.
5. Provide details and images of the proposed stormwater detention area – open space areas cannot be encumbered with a stormwater facility. Exceptions to this standard have been considered when the stormwater facility was designed to double as an amenity, i.e. constructed wetland. No significant berming or fencing would be permitted if area is to double as open space.
6. Provide more information regarding the functioning of the proposed skylights – No light is to be emitted after dusk or before dawn.
7. Retaining walls will be of a material reflective of the character of a stone retaining wall; retaining wall materials should be submitted for review prior to City council.
8. That the three existing homes on CM Doan Lane will be preserved and resold as single family residences.
9. Provide information detailing the reduction of decibel levels per mitigation technique proposed, and what the resulting noise level would be when standing outside the closest adjacent single family residence during the period of greatest noise generation.
10. In addition to the enhanced 50’ wide Type ‘D’ buffer, a 6’ high privacy fence placed on top of a 3’ high earthen berm be installed along the property line of the single family residences.
11. Provide an alternative roofing surface to minimize the glare off the roof.
12. All utility service to adjacent properties is to be maintained with recorded easements provided, and any interruption of service due to construction be coordinated with those property owners.
13. Provide a bus shelter and safe loading area to be coordinated with the City’s transportation department.
14. Off-site sidewalk be installed between Leicester Highway and Wilburn Road.
15. Intersection improvements be provided to the intersections of US 19/23 and Sandhill Road, New Leicester Hwy., and Louisiane Ave. with all improvements being approved and coordinated with NCDOT.
16. Locate employee break and smoking areas to the rear of the store to provide natural surveillance.
17. Provide security cameras in public areas and parking lot and provide for a continuous observation of surveillance screens.
18. Provide for regularly scheduled patrolling of parking lot; provide schedule for review.
19.
Break from 7:00 to 7:15.
(I regret not getting the names of all the speakers. The electric plug is about halfway back in the room along the wall. )
Objection to Wal-Mart business practices.
Neighbor on CM Doan Lane asked about condition 8, timing of sale homes, wants a time frame on sale. Doesn’t want properties to sit empty for years. Asks fence be extended along north side.
Research by UC Berkeley indicates cost in aid for school lunches, Section 8 housing, etc. Asks median wage of employees which may be lower than the $10+ claimed as average. Asks exit strategy if this store closes. Scott says old Tunnel Road store transferred to Ingles as required for Bleachery Road Wal-Mart.
Tom Byers asked for focus on land use issues. Emma Family Resource Center Orenda Manning, 9 minute presentation on affordable housing. Cooper Blvd. community 61% Spanish language, Several hundred people live there. Most trailers not movable. $4K not enough money. 91% need assistance. Ask table the matter until real needs of residents known by personal interviews.
One man resident in area spoke in Spanish though resident her 16 years. Cooper Road a neighborhood not just a Trailer Park.
Elderly residents don’t know what they will do.
Another resident spoke in Spanish for friend who was working tonight. Concerned about what to do. Lives in Trailer # 20. Played tape from friend. Showed pictures of trailers and neighborhood.
Mrs. Benachek, closest residents, all affected though differently. Some small changes would improve situation. Three houses resale time line needed. Noise mitigation a problem, ask limit delivery times to reduce them. She will see and hear heating and air-conditioning units on roof. Asks green roof. Asks commitment for fast growing trees, save mature trees on northwest side. Asks specific response on claim that crime in neighborhood will not increase.
Multiple business because it has a McDonald’s inside! Store is much larger than code permits.
Wal-Mart refusal to sell emergency contraception so increases number of people which increases crime! Dittborn?
8:00 p.m. Randall Flager, West Asheville, plan doesn’t fit 2025 plan as it is sprawl. Not Smart Growth.
Jennifer Fulford, Country Club Road and about to move to West Asheville – this development represents suburban sprawl. Asks Wal-Mart stockholders to abstain from vote.
Patton Avenue and Haywood Road restaurant manager asks what impact on traffic congestion on Haywood.
Eddie Webb, lives in Candler and commutes past site on way to school. Road improvements at off site intersections? Will existing bridge over railroad at Lowes be adequate for Wal-Mart traffic.
Spanish woman in Trailer 79, mother of 4 children, don’t know where we’ll go to safe place. Mother in law lives near by, provides child supervision. 23 Hispanic children in area, asks help from Wal-Mart to remain. Tom Byers asks no applause.
Another Spanish mother asks not to separate families and grandchildren.
Clyde Kittner, owns mobile home. Money offered insufficient. Would cost him $3500 to remove trailer; it is too old for other Bubcombe county trailer parks.
Another recitation of Wal-Mart bad business practices as destructive of small businesses and middle class.
Complaint in Spanish accented English that the trailer residents have not had sufficient notice and do not have resources to move.
Rebecca Bell, health and safety issues, crime in parking lots, rise in auto emissions, ozone.
Billy Hansley, West Asheville resident, not right to make these beautiful Spanish children move.
Lesley Fay, community development in West Asheville, effect on small business in West Asheville
Spanish man in Trailer 79 asks consideration of need of residents.
Senora Santana in Spanish, mother of two, single mother, lives near family, fears separation and increase in child care costs. She has rented for a long time. Hearing closed 8:33 p.m.
Discussion among members. Sizemore says wife gave him 4 shares of Wal-Mart stock. Oast said no direct financial interest requiring him to recuse. Sizemore does not ask to be recused; other members say he should not be.
Cindy Weeks raises questions for architect: Can loading area be moved to northern corner. Also plans for resale of houses, Attorney did not have time plan. Moving loading bay may take more back yard of 3 residences. Green roof not feasible at this time. Seismic issues. Why so large a store? This is a medium size store. Smaller than Bleachery store. Architect and engineer resisted moving loading area, moving building on lot because of typography. Asks delivery schedule – 12 trucks a day on average and during the day. Wal-Mart has in other places limited hours of deliveries, open for discussion. Jerome Jones asked whether mobile home park would likely be sold. It is zoned HB. Steve Burke, Asheville Property Management, owners have another offer on the mobile home park property with no relocation provisions. Zoning line was drawn on the photograph taken from the air.
Two issues: (1) displacement of people, and (2) this project. Can city require a better deal for the people?
Tom Byers said the burden is on the applicant to show rezoning complies with the law and 7 standards. But someone else said mobile hope park not a consideration because it is likely to be gone anyway. Cindy Weeks asks further social assistance to residents to help them move. Oast says Board may consider 7 standards but not obliged to deny if not met or recommend if all are met.
January conditions? Mostly included. Anthony Butzak – off-site sidewalk improvements. Cost about $125 to 150K will complete sidewalk on Patton Avenue, right of way secured, no sidewalk on site as it is provided by city and DOT.
Cannady moved, Jones seconded, Motion to accept with additional conditions:
Revise 3 “Will work with staff to revise”
Add to 8 “and cottage”
Delete 14 off site parking
19. Delivery time limited to 7 am to 11 pm or as linked with Wal-Mart shipping delivery cycle.
20. Scott suggested $375K total as coordinated through Community Development office, in lieu of sidewalk in 14. (cost $175K +/-) in addition to $200K Wal-Mart proposed.
21. Adequate interpretation and other services to work with residents on relocation.
22. Applicant to produce additional site plan to mitigate noise.
Additional site plan review to mitigate noise by moving loading dock, etc.
Tom Byers questioned assumption that mobile home neighborhood doomed and voted against. Passed 6 to 1.
OTHER BUSINESS/ADJOURNMENT
- Discussion regarding the Planning and Zoning Commission Retreat March 23. (11:00 am - 2 hour Bus Tour/lunch: Retreat meeting at 2:00 - 4:30 - Public Works Building, 161 S. Charlotte Street, Room A-109).
Adjourned abut 9:45. Tom Rightmyer trightmy@juno.com
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Last Updated ( Sunday, 05 March 2006 )
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