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Tuesday, 21 November 2006 15:30 |
By DAVID FORBES
Three zoning issues that have created controversy for months came up again on Nov. 14, when Asheville City Council assigned two council members to work with Greenlife grocery to find a way to solve problems with its loading dock.
Council also resolved to take a more aggressive approach with the Staples along Merrimon Avenue, pressing for a timetable on changes to its large sign and tower-like brick exterior.
The
aforementioned zoning issues, along with a third concerning the size of
a second sign on the Prudential Realty building on Tunnel Road, were
the focus of a report conducted by a professor from Western Carolina
University, after planners from city staff and planners hired by
neighborhood activists came to differing conclusions about whether or
not the issues wre zoning violations.
The report
concluded that the city had probably erred in approving the projects in
their current form, but that the errors were made in good faith ÇƒÓ and
the city still needed to work quickly to try to remedy the issues.
City staff have
since been working with Greenlife on possible solutions and attempting
to work with Staplesë corporate office, Assistant City Manager Jeff
Richardson said.
"Iëm pleased to
say that staff has had some proactive discussions with the Staples
corporate office and Staples has noted these concerns," Richardson
said. "I believe they will come back to the city with more detailed
plans in the future."
Prudential Realty has since voluntarily changed its sign.
John Swann, an
executive with Greenlife, whose loading dock is located next to a
residential road, Maxwell Street, and has attracted complaints from
some residents due to its noise, said that the company is open to
possible solutions for moving the loading dock or erecting a buffer,
but that there are problems ÇƒÓ and considerable costs, involved with
each of these.
"Weëre open to
short- and long-term solutions on this problem," Swann said. "Some of
these plans would involve us having to move the cafe area or do
considerable grading ÇƒÓ or it would knock out a lot of parking spaces
and involve tremendous expense."
At best, he
noted, if Greenlife began the design process for one of solutions
involving moving the loading dock immediately, it would still be
approximately two years before it could be completed. Such
modifications might take place when the store expands its area in the
future, but even a buffer, he noted, unless it was a thick wall, would
probably not stop most of the noise from the trucks.
"We do need some
direction from the city on where you want to go with this, which option
you prefer ÇƒÓ even the design process on this is not going to be
inexpensive," he said. "When we brought this plan forward, before we
built the store, we did not hear one concern. All this arose after we
were already open. Weëre glad to work with the city in solving this
problem: What shall we do?"
Furthermore,
Swann added, Greenlife is currently opening a store in Chattanooga,
Tenn., and hence is pouring its financial resources into that project.
"Weëre really tied up with that, money-wise at the moment," he noted.
Meanwhile, resident Lori Stewart, a resident of Maxwell Street, said that truck noise is still a major concern for her.
"The noise from
living across from a busy grocery storeës loading dock is hard to
explain, but the nonstop aspects of the noise bothers me a lot, as does
the constant exhaust smell and the ǃÚbeep, beep, beepë of them backing
up," Stewart said. "Ultimately, Iëm looking to move as soon as my lease
is up. I like the store, I shop there every day, I just canët fathom
why the store was designed as it was."
Later, Chris
Pelly, president of the Coalition of Asheville Neighborhoods, the main
group that has pressed the concerns about the zoning of these projects,
said that the city should take a more aggressive approach with Staples.
"Some of the
language to Staples so far has lacked clarity and urgnecy, sending at
best a mixed message," Pelly said. "It is time we were clear and direct
and we need to be serious about them complying with the size of their
sign, their setbacks and their pedestrian orientation. It is time for
the city to issue a notice of violation, which would clearly define
what Staples must do and a timeline by which they must comply."
In reply, Mayor
Terry Bellamy turned to Richardson and said he needed to pressure
Staples to come down and talk to council, as Swann did for Greenlife,
in an attempt to get the issues resolved.
"I want to see that ÇƒÓ and I want to see a timetable on getting this sorted out with Staples," Bellamy said.
On the issue of
Greenlife, many council members noted that they favored options that
would move the loading dock away from the street.
"The reality is
that keeping the loading dock next to Maxwell Street is never going to
address all the concerns that the residents have," Councilman Bryan
Freeborn said. "A tractor-trailer 20 feet in is still going to be just
as loud."
Freeborn would
later propose that, due to the complexity of the issue and changing the
location of the loading dock, "two or three council members should be
tasked to work on this and keep track of it."
He volunteered to be part of that effort, as did Councilman Brownie Newman.
Councilwoman
Robin Cape said that the alternatives Swann proposed for Greenlife were
ones she found "exciting. Iëm really looking forward to the expansion
of your store and resolving this problem. Iëm still where I was before
ÇƒÓ I hope this can be done soon and I hope we can get Maxwell Street
back to residential traffic. I donët feel our job is to micromanage how
you get there, but I definitely think we need to help you move in that
direction."
Later,
Councilman Carl Mumpower said he was also concerned about how these
issues could have slipped through the cityës zoning process.
"Weëve made
mistakes here, and we need to own it, identify it and hold people
accountable for it,"
Mumpower said. "If this has gotten so bad that we
need to spend money to resolve something thatës a private business
matter, itës very important that we hold someone accountable for these
errors."
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