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County approves study of zoning options, despite protests
Tuesday, 27 June 2006 16:27

A group of protestors stand outside the Buncombe County Courhouse on June 20 in reaction to possible zoning in the county. Several of the demonstrators attended the Board of Commissioners?? meeting afterward and expressed opposition to what they termed threats to their property rights. Staff Photo by DAVID FORBES

By MEEGAN KELLY


The Buncombe County Board of Commissioners on June 20 moved forward on zoning, voting 3-2 to investigate one particular land-use plan, known as Modified Limestone Zoning.

Chairman Nathan Ramsey and Commissioner Bill Stanley voted against the measure, while commissioners David Young, David Gantt and Carol Peterson voted in favor of  studying the MLZ plan, one of  three options presented to them.

Many residents, however, opposed the move during the time allotted for public comments.

About 60 residents attended the meeting, many wearing buttons and stickers that read ?®No Zoning.?∆
Earlier, about 25 people staged a rally outside the county courthouse to oppose zoning, which they said was an encroachment on property rights.

However, residents also expressed concerns that unchecked development has led to exessively high tax assessments, as evidenced by the recent countywide property revaluation, which assessed the values of many properties at 40 percent higher than the previous revaluation.


 ?®This is just a skeleton plan,?∆ Commissioner David Young said of the proposed zoning designations. ?®You??ve got to put some meat on this. They need a lot of work.?∆


A planning board, appointed by the Board of Commissioners, met 11 times over the last five months to analyze the old land-use plan developed in 1998, keeping in mind new issues that Buncombe County faces as well as any foreseeable issues and challenges the county still copes with.


Bill Newman, chairman of the planning board, gave an overview of the MLZ plan. Since there are no current regulations for condominiums or corporate complexes, Newman  explained, companies can build these whenever and wherever they want.


He noted that the proposed plan addresses the issue of governing multi-family units and leaves 81 percent of county land as open-use.


If the MLZ is adopted, the Metropolitan Sewerage District would be the primary service area and everywhere outside the MSD would be open-use zoning. Landowners would maintain the same rights, except for 11 special uses that would require extra permitting. Some of those uses include incinerators, asphalt or concrete plants, slaughterhouses, amusement parks, shooting ranges and multi-family facilities, such as condominiums.


The top concerns expressed by the planning board were steep-slope and ridgeline development, the type and location of development, utilities and sewer extensions and the shifting economy and loss of industrial sites.


Young expressed concerns about ridge-top development and asked if a zoning plan with overlay would help this issue. With an overlay district, the board would have to zone the whole county.


?®An overlay district doesn??t prevent development,?∆ Meg Nealon, who served on the planning board, said. ?®It adds an extra layer of standards. You can make special conditions that influence development,?∆ she said.


?®People might have thought 10 years ago that certain areas were inaccessible, or that development there wouldn??t happen. But as the property values go up, it warrants development.?∆


Currently, Nealon explained, there is nothing preventing the extension of infrastructure and sizeable projects anywhere in the county.  Construction on ridge tops could interfere with mountain views and environmentally sensitive areas, contributing to erosion and ultimately affecting water quality.

A steep-slope ordinance could control the height of a building, the lot size or the density of development there, Nealon said.

Issues surrounding the style and location of development refer to the ?®linear pattern of development?∆ and the ?®stripping of communities along their corridors,?∆ she noted.


?®This is about managing the growth, attracting employers and keeping a balanced economy.?∆


Utilities and sewer extensions also affect land-use patterns because they invite and support development and also dictate where development can occur.


The framework of the 1998 land-use plan focused on three key elements: infrastructure, environment and economic development. ?®Since then, the agenda has shifted a little bit.  We??re building on the old scenario and applying a concept,?∆ Nealon said.


She suggested that if infrastucture were concentrated, it would efficiently and adequately serve schools and businesses. ?®Businesses need services and, as the development continues, so will the demand for infrastructure,?∆ Nealon said.


Nealon discussed expanding the Metropolitan Sewerage District to ?®include the areas outside of MSD served by sewer to clean up the district and help formulate a development pattern.?∆  The MSD criteria will delineate lands that should and should not be used for development.


?®The chairman was right when he pointed out, ?¥where the sewer is, is where developers will go,???∆ Nealon said.


?®There will be issues we face as long as there??s growth and zoning is just one.  Zoning plus other tools addresses some, or maybe only zoning,?∆ Ramsey said. 


For the zoning plans to move forward, the planning board will begin to design maps and hold community meetings. The Board of Commissioners noted that residents will receive notices if they are being affected and have several opportunities for input and feedback. Information will be available at the Pack Memorial Library in downtown Asheville.


Zoning advocates claim that land-use management should protect the citizens and the county from unwelcome development. However, opponents seek to limit the government??s control and oppose what they consider as infringement of their land use and property rights.

 



 


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