Having just suffered through the frustrating conditional zoning process for the 767 New Haw Creek Road project, I feel compelled to summarize the key lessons learned by someone who’s not in the development business. Most importantly, I wanted to share these lessons for other residential neighborhoods that are very likely to face similar challenges sooner than you’d like.
For those who missed it, the conditional zoning request for Kevin Jackson’s project, the Meadows at New Haw Creek, was approved at the July 24 City Council meeting to allow 84 new homes, rather than the 49 allowed under the original zoning. Originally, Mr. Jackson requested a total of 95 units, but thanks to hundreds of hours of effort by Haw Creek residents and assistance from Mayor Esther Manheimer to force the developer to negotiate, the project was reduced in density by 11 homes. Ultimately, the project was improved but certainly not at the density that most Haw Creek residents wanted.
So how can this happen, and what can city residents do to protect their families, homes and quality of life? First, don’t rely on the 2018 comprehensive plan as a guideline for how development will occur in your area. We were told flatly by the city planning staff that the comprehensive plan is simply “aspirational” and is not a definitive framework for development. Similarly, existing zoning should not be considered as definitive — essentially, all zoning can be changed if a developer and/or city planner asks for it and completes the conditional zoning process. You must ask yourself then, “Why do we go through the comprehensive planning process?”
Second, it’s the requirements in the Unified Development Ordinance (UDO) that really define exactly what a developer must include: building setbacks, stormwater management and tree canopy requirements, among others. Limited changes have been made to the UDO through text amendments; however, the UDO does not reflect the vision of the city’s comprehensive plan nor defining aspirations of a livable city. A rewrite is currently being discussed, and Asheville citizens will need to make sure that the revised UDO aligns with the comprehensive plan.
While we all recognize the need for additional, and especially affordable housing, in Asheville, we cannot ignore the rights of existing homeowners. Fortunately, the mayor and City Council helped facilitate the negotiations with Mr. Jackson to reduce the impacts on our community. But not without significant pressure from Haw Creek residents.
The process shouldn’t work this way. Negotiations and changes should occur during and immediately following the required neighborhood meeting without having to resort to extreme measures. Most importantly, the existing residents deserve to know what the future of their community will really be. We should be able to have confidence that the comprehensive plans for future growth will be followed and that our property investments and quality of life will be protected.
So, heads up Asheville residents, until the UDO gets revised and/or the state’s conditional zoning law is rewritten, you must be diligent and prepared to work collaboratively to ensure quality new development in your communities. Rest assured, the development community does not have your best interests in mind.
— Doug Baughman
Asheville
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