Published: 3:50 PM, 08/18/2009

Last updated: 12:52 PM, 11/17/2009

By: Melanie Marshall

The Boone Town Council may decide on two rezoning requests at its regular monthly meeting Thursday.

The property owners and those against the requests were heard at the quarterly public hearing earlier this month. The town's planning commission have reviewed the submissions and filed its recommendations for the council members.

The first request came from Charles Michael regarding a one-acre parcel on Delmar Street. The lot currently has a house on it that was built in 1927. Michael referred to the structure as a "tear down."

The lot, located at 183 Delmar St., is currently zoned R-1, single family residential. Michael is asking for a change to B-2, neighborhood business. In the information presented, the lot is bordered on three sides by B-3, general business, properties. The parcel to the east of the property is zoned R-1.

Michael appeared before the council four years ago to request a rezoning to B-3, but was denied at that time.

"At the time I first appeared before council, one concern was the volume of traffic from New River Heights," he said.

The heavy volume caused concern regarding an increase in traffic created by a business in that location. New River Heights traffic has since been redirected.

The property has been for sale for four years. "I have received numerous offers contingent upon rezoning," Michael said.  

Under a B-2 classification, the property could be used as a single-family residence, apartments up to 12 units, and business uses such as restaurants. Other uses would be available with the approval of a special use permit.

Neighborhood resident Greg Simmons spoke in opposition of the rezoning request. Simmons stated the volume of traffic created by a business in the location continued to be a concern for the residents of 12 properties that use Delmar Street as the access street to the area.

"No one wants to deprive a person of the proper use of their land, but neighborhood integrity must be preserved,' Simmons said.
Simmons said the neighborhood had been "chipped away" by the businesses moving in and the new Watauga County High School to be built near the area.

 There are two access points to the neighborhood, including Delmar Street and Daniel Boone Drive.

Simmons stated the Daniel Boone Drive ingress was not utilized by the neighbors due to difficulty in turning left onto U.S. 421.

During the quarterly hearing, council members discussed the widening of U.S 421 in the area. Daniel Boone Drive is expected to be redirected to connect at the intersection of U.S. 421 and N.C. 194. This would create a signal-controlled intersection for Daniel Boone Drive.
The planning commission has recommended approval of Michael's request, based on the findings that the proposed amendment to the zoning ordinance is consistent with the town's comprehensive plan.

The commission's report says the request "is filling a nodal neighborhood business need, does not have a traffic impact on the neighborhood and adequate buffering would be provided."
The commissioners voted 5 to 4 in favor of recommending approval.

The second rezoning request is for a home on 139 Whitner Drive, owned by Kiet and Lei Phan, from R-1 (single family) residential to R-3 (multi-family).  The change would allow multiple unrelated people to live in the space, or apartments to be constructed. Fraternity and sorority houses would also be allowed with a special use permits.

Under R-1 the home may be rented to a single family, with a maximum of two unrelated individuals.

Jeanine Ross, of All About Real Estate, presented information at the quarterly public hearing on behalf of the Phans. Ross presented each council member and planning commission member with packets of information on the residence and the surrounding properties.
There are 12 properties in the neighborhood, of which Ross said 10 were owned by out-of-town people and used as rental properties. The entire neighborhood is zoned R-1.

Ross presented statements from nine property owners in support of the rezoning that also indicated a desire to seek rezoning for their properties as well.

Anna Ward, neighborhood resident, spoke against the request at the public hearing. Ward stated some of the problems currently in the neighborhood, including traffic, parking on the narrow street and occasionally trash would be exacerbated if the town allowed additional renters.  

Ward said she purchased the home in an R-1 community and seeks to persuade council to preserve the single-family areas close to campus. "I have worked at ASU for 13 years and commuted up until three years ago," Ward said, adding that the availability for single-family homes near campus is a problem for professors.

The planning commission unanimously recommended the request be denied. According to its report, "The proposed amendment is not consistent with the town's comprehensive plan and other applicable adopted plans of the town which relate to the application because it fails to protect a viable neighborhood."

The two requests have been placed as action items on the agenda for council's regular monthly meeting to be held Thursday in council chambers on Blowing Rock Road beginning at 6:30 p.m. The council members are not required to heed the recommendations of the planning commission.

Melanie Marshall may be reached at melanie@mountaintimes.com.

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