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Tuesday, 29 August 2006 21:02 |
By DAVID FORBES
Asheville City Council will work with owners of three businesses ÇƒÓ Greenlife grocery, Staples and Prudential Realty ÇƒÓ to resolve zoning complaints and may hire more staff to deal with such issues, as a result of action taken Aug. 22.
"We need to pony up and put more people in that department," Mayor
Terry Bellamy said. "Theyëre doing an excellent job, but their load is
simply too high."
Councilës course came after the presentation of a long-awaited third
party review of the three zoning cases by Professor David Owens of UNC
Chapel Hillës School of Government.
Over the past few months, activists from the Coalition of Asheville
Neighborhoods hired their own planner and asserted that all three cases
showed zoning violations by the city. In the case of Greenlife, CANës
criticisms revolved around the placement of the storeës loading docks
next to a residential street.
In the case of Staples, there were criticisms of a lack of landscaping
and the height of the Staples sign. Sign size and height were also the
issue with Prudential Realty.
Greenlife and Staples are located along Merrimon Avenue, while
Prudential is located off Tunnel Road. Council agreed upon the course
of working with the owners of the businesses after City Attorney Bob
Oast suggested that a formal charge of zoning violation could open the
way to many other existing businesses having to be charged as well.
"That step might lead to legal action ÇƒÓ and wouldnët really leave anyone happy," Oast said. "Iëm hesitant to suggest that."
An initial study by the School of Government indicated that there were
zoning violations in all three cases. That prompted council and CAN to
request Owensë more in-depth study.
Owens said that under zoning law, Greenlifeës loading dock probably
should not have been grandfathered into the building when originally
approved, due to its proximity to a residential street and that the
buffer between the store and the neighborhood needed to be taller.
However, he did note ÇƒÓ "this is an unusual case ÇƒÓ this is a project
that folks like. A functional, operating grocery store in a
neighborhood is a real challenge.
"Itës also a particularly challenging case ÇƒÓ balancing a store like
that in a residential area while acknowledging everyoneës needs," Owens
added. "But those trucks should probably not be coming down Maxwell
Street."
He also said that in the case of Staples, its sign is too large ÇƒÓ if the red background is considered part of the logo.
"There is some uncertainty there, but if thatës part of the logo, then
itës too big," he said.
In the case of Prudential Realty, he noted that zoning regulations only
allow for a second sign such as Prudentialës if it is over a business
entrance ÇƒÓ and that customers cannot enter through the second entrance.
Owens urged council to "make more time for informal public comment in
the development process ÇƒÓ and make those times available," and to make
zoning regulations more clear ÇƒÓ both for citizens and developers.
"I did not see any intentional disregard by staff or council in any of
these situations ÇƒÓ I saw situations with several points of view and
several open interpretations," Owens said. "Reasonable people can come
to different conclusions."
When asked about the overall quality of the cityës ordinances, Owens
did note that Asheville seemed "ahead of the curve" compared to other
cities when it comes to its zoning and development rules.
"This is far more detailed and comprehensive than similar efforts by
cities this size," Owens said. "Many times those efforts are crude or
unclear."
Meanwhile, CAN President Chris Pelly, speaking after the presentation
of the study, acknowledged the efforts of Owens and city staff, who, he
said, "have put in countless hours and tried to balance competing
demands to ensure that this city grows wisely."
But Asheville resident Sidney Powell criticized the neighborhood
activists, asserting they have spent too much time dwelling on
relatively insignificant matters.
"In the case of Greenlife, I can see some legitimate concerns," Powell
said. "But with the rest of this? People getting so upset because a
sign is six inches or so off where it should be.
The only thing I can think is ÇƒÓ get a life."
Paradoxically, Councilman Jan Davis said in later remarks, the city is
encountering these issues because of its prosperity.
"Weëre opening new businesses here," Davis said. "Thatës why weëve got
issues like this. I think weëre particularly in good shape on most of
these. But the desires do come into conflict in cases like this. But we
are moving forward and weëre making some pretty good changes."
Following the presentation of the review, Bellamy and council settled
on contacting the businesses involved and beginning discussions with
them. She also directed City Manager Gary Jackson to look into the cost
of hiring more planning staff ÇƒÓ and to report back to her because "we
may need a budget amendment in the future for that."
However, the suggestion of hiring more planning staff came under
criticism from Councilman Carl Mumpower, who questioned the need for
such a step, referring to Owensë praise of city staff.
"These seem to be just a few cases out of the entire city," Mumpower
said. "I think thatës inevitable to some degree when you consider all
of the interests involved and all of the development going on."
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