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Wednesday, 18 October 2006 12:06 |
By DAVID FORBES
WEAVERVILLE ÇƒÓ Following reports that a Wal-Mart Supercenter will be included in the new Northridge Commons shopping center, Weaverville Town Council took another step toward conditional zoning last Monday night by hearing a presentation on a new proposal endorsed by the townës planning and zoning board.
However, some council members still expressed doubts, even while others said that such a measure could allow the town greater control over zoning, especially in regard to Wal-Mart.
The proposal would allow the town to negotiate conditional zoning with a developer, allowing development unusual for an area within certain limitations. Asheville allows for such zoning in its rules, but other municipalities in Buncombe County ÇƒÓ including Weaverville ÇƒÓ do not.
Attorneys
working with town staff are still reviewing final details of the
ordinance ÇƒÓ and the town will have to hold a public hearing before it
could vote on such a measure.
Conditional zoning ordinances, Councilman Al Root said, could help prevent cases like the Wal-Mart Supercenter.
"Now we are
faced with a Wal-Mart Supercenter down the road from us," Root said. "A
year ago, we only had the power to make the decision to rezone that
area or not. Maybe we could have done some specialized negotiation that
would have resulted in a project that looked more like the original
plans we saw.
"We could have
had a more sophisticated shopping environment than what a Wal-mart
Supercenter usually does or, if it was a Wal-Mart, put some
requirements on what the project would look like. I think this concept
has some great, great value."
Other cities, he noted, have used such powers to that effect.
"Going into
Charlotte, thereës a Super Wal-Mart that doesnët look like any other
Iëve ever seen," Root said. "Obviously, someone put a lot of
requirements on it ÇƒÓ I donët think itës a coincidence that Charlotte
has this power."
However, Mayor
Mary "Bett" Stroud expressed doubts about the idea, asserting that such
zoning would allow for the possibility of commercial zoning into
residential areas.
"Iëm still not
sold on the idea of these conditional zoning districts ÇƒÓ its really
spot zoning that allows commercial zoning in residential
neighborhoods," Stroud said. "I find it particularly offensive that
this could be used in an R-1 district, which is supposed to give
maximum protection to our residential homeowners. I also believe the
guarantees are not as solid as they appear. If controlling development
and developers is so important, why not strengthen current standards."
She added that she would like to see a clause put into the final ordinance prohibiting conditional zoning in the R-1 areas.
Earlier, in a
presentation, planning and zoning board member Doug Hearth noted that
council could put some specific requirements on a project with
conditional zoning.
"The intent is
to give the town flexibility while still allowing it to influence the
nature of development,"
Hearth said. "This does require detailed
negotiation on the details of the project ÇƒÓ this can get down to the
paint job. You can specify the architecture, landscaping, buffering,
parking, traffic features."
However, he
warned of a possible downside, that "excessive use of this could look
like de facto spot zoning in areas like residential neighborhoods," and
that the town would need to set up measures to make sure that
developers completed projects.
Councilwoman Marcie Nisbeth was absent from the meeting.
In other action, council:
ï Voted
unanimously to not move forward at the current time with either an
attempt to annex the Fairway View estates or requesting that the
General Assembly de-annex a small piece of road within the town limits.
While annexing
the area would raise the townës population by around 65 people and its
tax revenue by approximately $250,000, some council members expressed
concerns about the conditions of small roads that the town would have
to maneuver and maintain ÇƒÓ roads that do not meet Weavervilleës
standards.
"Iëm concerned
about the roads," Councilman Harold Payne said. "If we get a deep snow
or a heavy winter, we could have some real problems with those."
ï Unanimously approved the withdrawal of a request for rezoning from residential to commercial by former mayor Reese Lasher.
At the meeting last month, Lasherës request drew criticism from council members who said it was unsuited to the area.
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