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Tuesday, 17 April 2007 18:14 |
By DAVID FORBES
WEAVERVILLE ó Town Council on Monday night heard questions ó and some criticisms ó from residents on a proposal to allow conditional zoning, which would enable the town to set specific conditions for certain projects that might normally not be allowed in an area.
During an informational session, proponents of the measure asserted that it would give the town more control over projects, but also more flexibility.
ìYou wouldnít just shift something from a residential to a commercial
district, where someone can build whatever they want afterwards ó
instead you would set conditions so only certain things could be done
with the property,î Planning Board Chairman Doug Dirk said. ìCouncil
can set whatever conditions they like, for whatever reasons they chose.î
In earlier remarks, Town Manager Mike Morgan struck a similar note,
asserting that a developer would have to hold public meetings and get
approval from council before going ahead with any conditional-zoning
project.
ìThey would have to seek public input and there would be requirements
and restrictions,î Morgan said. ìRight now, council could decide to
rezone a piece of property from residential to commercial. They can
already do that.î
Resident Doug Jackson asked council to explain when conditional zoning would help out the townís residents.
ìThis was started in Charlotte ó and I understand the benefits to a large city,î Jackson said.
ìBut I would like to ask what the advantages to the people living in
the residential zoning would be, since youíre making these criteria.î
In reply, Mayor Mary ìBettî Stroud, a frequent critic of the
conditional-zoning proposal, said that ìthatís the problem. Itís
essentially spot zoning that allows you to get around your current
zoning plan.î
But Vice Mayor Geneva Maney said she knew of several occasions where conditional zoning might be useful in residential areas.
ìI owned a house down in South Carolina in a historical area. There was
a home there that was huge, in a residential area,î Maney said. ìThat
house stayed on the market for years because no one wanted to buy a
house with nine bedrooms. But they used conditional zoning and turned
it into a bed-and-breakfast.î
Currently, Councilman Al Root said, the town has few choices for controlling the possible uses of a property.
ìI remember when the post office came in and we had two choices ñ leave
it residential, which didnít seem appropriate, or simply rezone it
commercial,î Root said. ìAll we could do was rezone it. We couldnít
hold them to the design standards or keep it from being used for
something else. Conditional zoning would have allowed us to negotiate
very specific rules and protections for that piece of property.î
Under the conditional-zoning rules, if a project isnít used for the specified conditions, it goes back to its original zoning.
Meanwhile, Councilman Harold Payne spoke more broadly.
ìI just think this would give us a good tool to use in different
situations,î Payne said. It is ìnot something to use in every
situation, but it would come in handy.î
However, Councilwoman Marcie Nisbeth said she supports the proposal
ìbecause it does give us control over what will be there ó and if they
donít agree, we tell them no. Thereís a lot of criteria here they have
to meet,î but she added that she wants to prevent conditional zoning
from being used in the townís single-family residential areas.
Likewise, Councilan Don Hallingse said conditional zoning would be
useful, but he wanted ìto protect our traditional neighborhoods.î
While members of council mostly seemed to be in support of conditional
zoning, some residents offered criticisms, asserting that it will allow
the intrusion of commercial activity into residential areas.
ìNo oneís made the point that this conditional zoning can take place
absolutely anywhere in the Town of Weaverville,î resident Bill Hussey
said. ìCurrently, you cannot just rezone property to commercial unless
itís adjacent to commercial property. Thatís not the case with
conditional zoning.î
He later expressed worries that the town could see a power plant
similar to the one recently rejected by the nearby Town of Woodfinís
Board of Adjustment because of concerns about pollution.
Town Attorney Carl Loftin responded that such rezoning would go against
town and state ordinances generally, but that ìcouncil has priority to
rezone anything you want. Though there are some limits in case law,
itís not always clear what they are.î
An unidentified woman objected that ìin every place Iíve lived before,
you had to get approval from your neighbors around you to change your
zoning. Why is it not like that here?î
Loftin replied that state law gives local governing bodies zoning
authority, although surrounding residents can file a protest petition
for a given project, requiring a supermajority for it to pass council.
An official public hearing on the issue will be held at 6 p.m. next Wednesday at the town hall.
In other action, council:
ï Unanimously set a public hearing at 6 p.m. May 21 in the town hall
for a new ordinance restricting adult businessesí proximity to
churches, schools and bars.
The ordinance, Morgan noted, has been updated to specifically exempt
some businesses, such as massage therapists, from its requirements.
ï Unanimously approved the final phase of construction of the Reems Creek Golf Course subdivision.
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