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Founded 05-05-05

Boone Town Council Postpones Conditional District Zoning Decision

Story by Kathleen McFadden

At their retreat on February 23, members of the Boone Town Council unanimously agreed to conduct a special public hearing and a special town council meeting on Monday, March 19, to consider the adoption of an amendment to the town’s Unified Development Ordinance that would permit conditional zoning districts.

At their regular meeting on March 15, in a vote of 4-1, with council member Dempsey Wilcox dissenting, the town council stepped away from that decision and canceled both the public hearing and the special meeting.

As proposed, the conditional zoning amendment would permit the town council to consider site-specific development plans and give the council the power to approve developments and land uses that do not meet the standards of the development ordinance.

The council set the date for the special public hearing and the special meeting after representatives from Appalachian explained that $4 million in funding for the proposed College of Education building could be jeopardized if the university was unable to confirm the proposed site—property bordered by College Street, Howard Street and Hamby Alley. As originally presented, the plans for the College of Education building did not comply with the town’s development requirements, but a conditional zoning amendment and the council’s approval of the project would allow the project to move forward.

At the March 15 meeting, council members Bunk Spann and Lynne Mason said they would prefer to wait until after the town’s smart growth audit is completed before addressing the question of conditional zoning districts.

“With the smart growth audit,” Mason said, “we can promote good regulations and not become arbitrary and capricious. We can make good policy decisions for the future of the town of Boone.”

Spann also said he felt that the council needed to do a more careful analysis of the impacts of conditional zoning on all zoning districts and expressed particular concern about potential impact on R-1 (residential) neighborhoods.

Mason commented that the council should proceed cautiously: “I’m not comfortable with that much power for the town council.”

Wilcox responded, “I’m flustered why you don’t want to allow this council the ability to make decisions bout the best interest of the Town of Boone.” Instead, Wilcox continued, the decisions would rest with the unelected members of the Board of Adjustment. “There will be projects we want to approve,” he said, and waiting for the smart growth audit to be completed would postpone the conditional zoning districts discussion by “months or years.”

Council member Rennie Brantz commented, “Some of the proposals we’re looking at would transfer a great deal of regulatory power to the town council,” and he expressed some concern about his own lack of expertise to properly evaluate the proposals. “I don’t want to undercut the Board of Adjustment,” Brantz said. “I think it’s a good idea to postpone until we have more information.”

Council member Janet Pepin also agreed with the postponement. “I think this needs a closer look,” she said. “We may be using a two by four when a smaller stick may be what’s necessary.”