Asphalt plant developer to request ordinance variance

By Lisa Majors-Duff

Speaking on behalf of his client, HMC Paving owner Mark Fortner, Asheville land use lawyer Craig Justice requested county officials set aside some time to hear a presentation geared toward a variance to the industrial development ordinance. Justice said Fortner has spent a lot of time since the ordinance was adopted in May looking for property in Jackson County that would be suitable for an asphalt plant.

"Mark hasn't found a piece of property," the lawyer said.

Should commissioners agree to hear from Fortner, the presentation would be site specific, Justice said.

"We are asking for your standards to adjust because we haven't found a suitable site, which we would say is prohibitive and goes too far off the scale," he said. One of the most restrictive sections of the ordinance, according to Justice, deals with the prohibition of an asphalt plant within 1,320 feet of a commercial lot or residential structure.

"We all know Jackson County is not Kansas," he said.

Fortner first approached commissioners in April 2001 to inform them of his decision to build an asphalt plant and ask for their assistance. Within a month a large contingency of Qualla residents opposed to the plant had organized and began a campaign to halt Fortner, who they suggested should build a plant in his home county.

Faced with mounting opposition, commissioners enacted a moratorium on asphalt plants and asked the Economic Development Commission to study what effect such an industry would have on Jackson County.

The EDC held a series of meetings with state air quality officials, toured similar plants in the region and reviewed plans specific to Fortner's plants. Eight months after receiving their assignment, EDC officials reported their findings to commissioners, saying an asphalt plant would have a "minimal economic impact" on the county. They also said their findings suggested the county would be best served with an ordinance geared toward controlling polluting industries, including mining operations, junkyards and other so-called "heavy industries."

The EDC then hired a consultant to help draft such an ordinance, which was adopted after those on both sides of the issue again addressed commissioners with concerns.

"We want to work with you because the position we are taking is that the ordinance is too restrictive," Justice told the board.

Before making a decision to hear from Fortner and his experts, commission Chairman Stacy Buchanan informed the pair of tonight's (Thursday's) Smart Growth planning session. After that meeting, Buchanan said, the board would have a better understanding of the direction they intend to take with regard to such issues.

In other business Tuesday, commissioners heard an extended presentation from Department of Social Service Director Bob Cochran on the need for two additional employees to meet the ever-growing demands of the county's most needy citizenry.

"We've got risk factors and liability factors we are working with by stretching (current) workers too thin," Cochran told the board. "It is not my preference to request staff additions outside of the annual budget development process; however, caseload demands are such that it would be irresponsible for me to delay this request."

An additional social worker and an income maintenance caseworker, both of which would be partially funded by the state, would improve conditions in the department, he said.

When asked if the positions could wait until the next budget year, Cochran said, "I would not turn that down..., but we would be taking a calculated risk by doing that."

Also Tuesday, Chalet Inn owner George Ware appeared before the board to inform them that because of new mail routing procedures, an accommodation tax bill he mailed on the 15th of the month was not cancelled until the 16th, causing him to be penalized. Mail deposited in Sylva now goes to Asheville, and sometimes Charlotte, to be cancelled, he said, a situation that creates the possibility for delay. He requested county officials take this into consideration when tax bills arrived cancelled on the 16th.

Instead, commissioners requested their attorney review the tax payment legislation and report what options are available.

Board members heard from their architect on the Justice Center expansion project about plans for county offices to move into newly-created second-floor space above the Sheriff's office and detention center. A cost estimate could be available in about a month, according to architect Grant Tharpe, who suggested the county retain the services of H&M Contractors, the crew currently on site.

Offices proposed to move into the expanded space include the planning department, housing, veteran's services, finance and the county manager's office. A new, larger commissioners' board room is also proposed in the space.

Commissioners will meet tonight (Thursday) for a special Smart Growth planning session at 6 p.m. A draft proposal including nine items for discussion for that meeting was handed out by Chairman Buchanan.

The next regular meeting of the board will be 6 p.m. Tuesday, Jan. 21, at which time board members are expected to take action on items discussed Jan. 14. In addition to those mentioned above, board members will move on health department budget amendments, a routine records retention and disposition scheduled required by law and appointments to the Region A Advisory Council.

Back to Archive: 01/16/03.