Board approves rezoning on North Fork, denies request on Sunset Drive
Sanitation department requests more equipment, personnel
Fred McCormick
The Valley Echo
November 11, 2020
Black Mountain aldermen voted 4-1 to approve a rezoning request for property at the intersection of North Fork Road and Walker Cove Road on Nov. 9. Photo by Fred McCormick
Black Mountain aldermen followed recommendations from the planning board to deny one spot zoning request and approve another, after a pair of public hearings in their regular monthly meeting, Nov. 9.
A proposal to change the designation of more than 16 acres of land off North Fork Road from a conservation residential district to a split-zoned suburban and town residential district was approved 4-1. Aldermen then voted 5-0 to deny a request to rezone 11.26 acres on Sunset and Vance’s Drives, south of I-40.
The public hearing to consider the request to rezone 324 North Fork Road, near the intersection of Walker Cove Road, was continued during the board’s October meeting. Property owner Sam Decker stated on his application that he had the property voluntarily annexed by the town in 1990 as a single-family residential district. He recently discovered that the property had been rezoned to a conservation residential district, which allows one home per acre, in 2010. His initial request sought an urban residential (UR-8) district designation for the lot, which allows eight units per acre.
The planning board considered Decker’s request in August and found that the suburban residential designation (SR-2), which permits two units per acre, was the most comparable to his zoning prior to 2010. While the property is not adjacent to a UR-8 district, it is one property removed from the Lynx Condominiums. Decker told the planning board that when he purchased the property in the 1980s, he planned to eventually sell lots to supplement his income.
Planning board chair Jesse Gardner proposed splitting the zoning designation for the property and granting the UR-8 designation west of Tomahawk Branch, a creek that bisects the lot, and SR-2 to the east. That motion failed to advance after the six members in attendance, in the absence of Scott Reed, were split on the 3-3 vote.
A motion by Chas Fitzgerald to zone the property north of North Fork Road to the creek as TR-4 and the remaining eastern section of the property SR-2 was passed 5-1, with Gardner voting against it.
Town Manager Josh Harrold read aldermen emails from area residents, several opposing any zoning changes to the property. Maggie Tuttle called the recommendation by the planning board a “good place to meet in the middle.”
“I’m comfortable with that after listening to all of the input,” she said before motioning to approve the request. The motion carried with Ryan Stone as the lone opposing vote.
Sunset Drive rezoning request denied
A subsequent public hearing on an unrelated rezoning request for three parcels off of Sunset and Vance’s Drives concluded with a unanimous vote to deny the petition.
The planning board discussed property owner Ruby Begley’s application seeking to double the density allowance on the property during its September meeting. The current TR-4 zoning designation for the three parcels, which sit between Sunset Drive and I-40, allows for four units per acre. In her request, Begley stated that reducing the minimum lot sizes would create opportunities for affordable housing and cited the property’s proximity to the interstate as a reasonable location for higher density development.
Planning board member Pam Norton opposed the request, while Gardner spoke in favor of increasing the density allowance. Ultimately, the board found that while the request was consistent with the town’s comprehensive plan, due to its proximity to the interstate, the possible negative impacts of rezoning were not reasonable and in the public’s interest. The board voted 3-2 to recommend denying the request.
Harrold shared several public comments opposing the request with aldermen, who voted 5-0 to follow the planning board’s recommendation.
Board approves additional sanitation equipment and personnel
The town’s newly established sanitation department, which began operating Sept. 28, will receive additional equipment and staff, following a 5-0 vote to add two new employees to the crew and to approve financing for a pair of trucks.
Harrold presented a request to the board seeking another rear loading truck for the department, priced at $180,000. An additional scout truck, which assists with garbage and recycling pick-up in areas with steep terrain, will be purchased for $65,000. The vehicles will be financed over seven years.
“The extra employees will be a game-changer,” Harrold said. “That will give us two people on the back of each truck instead of one person.”
The rear loader will serve as a reserve vehicle in the department’s current fleet.
The town established a sanitation division of its public works department earlier this year after receiving only one bid from former provider Waste Pro last fall. The proposal would have nearly doubled the cost of the service.