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Sylva rejects Crossing developer’s RPUD application
By Stephanie Salmons
With a 3-2 vote, Sylva leaders denied an application for a Residential Planned Unit Development at the town board’s meeting last Thursday (Sept 18).
Board member Harold Hensley made the motion to “deny the application at this time.” Board members Ray Lewis and Maurice Moody voted with Hensley; Sarah Graham and Stacy Knotts cast the opposing votes.
Taurus Development Corp. approached the town planning board in June to discuss the possibility of an amendment that would permit the development of a RPUD overlay for one 9-acre parcel that’s part of a larger 48-acre tract slated for development as the second phase of The Crossing.
The development is located near the junction of Savannah Drive and Yellowbird Branch Road.
The company had planned to construct eight six-unit buildings and five four-unit buildings for a total of 68 town homes on that parcel.
In addition, Taurus’ plans call for an additional 51 single-family homes on half-acre lots on 33 acres of the same tract – a plan that meets current zoning criteria.
The area is zoned R-1, which allows for two houses per acre, Planning Director Jim Aust said.
A passive community park or conservation easement would be created on the remaining 6 acres of the property, according to a letter submitted to the planning board by Taurus owner Herb Ross.
The proposal would meet current town requirements, Aust previously said. Sylva requires 1,000 square feet of open space per building, and the park area would more than meet that standard, he said.
It has been some two years since Taurus began planning this development, Aust said during an earlier meeting.
“It’s something I think Sylva needs,” Aust said in June. “We have a critical housing shortage here, especially for the work force, and Mr. Ross is wanting to alleviate that.”
However, concerns were raised at last month’s public hearing on the issue of deed restrictions already in place on the property.
Attorney Larry Nestler, who lived in a house adjoining The Crossing with his wife, Vicki, said in August they bought an additional 1.5 acres several years ago as a buffer when they heard about the beginning of the development’s second phase. While he no longer lives there, Vicki still does, he said.
According to Larry Nestler, a former Sylva planning board chairman, deed restrictions were in place when they purchased the 1.5 acres and those state that lots must be a minimum of 2 acres.
“Mr. Ross has informed Vicki he’s going to withdraw those restrictions, and he could have done that just fine if he hadn’t sold any property in that development,” Nestler said at the public hearing.
The declaration of protective covenants and restrictions for Phase II of the Crossing does indeed say that “no lot shall be used except for residential purposes and shall be a minimum of 2 acres in size.”
That document also states that “A lot may be subdivided, but in no event shall any residences be constructed on any lot or portion of any lot less than 2 acres except with consent of the development’s Architectural Control Committee.”
It goes on to say that the declarant – Ross – also reserves the right to alter the shape, size and lot lines of any lot owned by the declarant after approval by the Architectural Control Committee.
Aust said in August that this means that Taurus can make these changes as they see fit.
A decision on the matter was tabled in August at Ross’ request because his lawyer was talking with property owners.
Town attorney Eric Ridenour said Thursday (Sept. 18) that the issue before the board, and the issue between the Nestlers and Ross are two separate matters.
However during Thursday’s (Sept. 18) meeting, Moody suggested not voting on the matter until the private dispute was settled.
“I don’t believe in the RPUDs anyway,” Moody said. “It’s a legal way to get around the zoning you already have in place.”
Following a closed session to interview candidates for the interim town manager position (see story on page 1A), Aust told board members that he would have to give a reason for the denial in writing to Ross.
Hensley said his reason was that people currently living in the first phase of the Crossing didn’t want it.
Hensley went on to say that board members don’t have to give reasons for voting the way they do.
Moody echoed his earlier comments.
“I’m fundamentally against RPUDs altogether, he said. “They’re a legal way to get around zoning that you set up in an area.”
Aust said that he still didn’t know the reason for the denial, just that “Mr. Moody doesn’t like the RPUD.”
“That’s an awfully good reason,” Moody replied.
Hensley said that his reason is the citizens.
“I didn’t do this on my own,” he said. “The residents in that area don’t want it. We don’t represent developers, we represent the citizens of the town of Sylva. That’s my reasoning.”
According to Aust, Taurus will have to wait a year to reapply for an RPUD.
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