Madden pitches alternative to Cashiers incorporation

By Lisa Majors-Duff

Speaking during a special planning session Jan. 23, Madden explained that North Carolina law allows counties to establish zoning districts of at least 640 acres in which regulations and restrictions on property may be applied. The Cashiers commercial district, which Madden described as falling within a mile in all directions of the U.S. 64/N.C. 107 intersection, known locally as "the crossroads," would be a candidate for such a district, he said.

"The district plan is a viable option to incorporation," Madden said, "especially with regard to those on fixed incomes but living on extremely valuable land."

Madden, who owns property in the community's commercial area, continued by saying that the additional tax burden the town of Cashiers could levy on its residents following incorporation could also prove to be difficult for him.

The latest Cashiers incorporation push grew out of the Community Council's effort to examine ways to control growth in the southern Jackson County town. The council, which was headed by Madden at the time, hosted meetings similar to Smart Growth sessions undertaken by county government to determine much the same on a larger scale.

In addition to controlling growth in the commercial area, goals highlighted by the Cashiers meetings included the need to preserve the area's small-town beauty and provide assistance for the community's volunteer fire department, Madden said. Following this undertaking, a civic entity was formed and the incorporation effort has grown, he said.

While much of the residential property in and around Cashiers is currently protected from unchecked development by restrictive covenants, the area's commercial property enjoys no such shield. The only restriction on development in the commercial area is a moratorium against additional hookups at the Tuckaseigee Water and Sewer Authority's sewer plant, which has reached its 100,000-gallon-a-day capacity, Madden said.

As of last week, officials with Lowes Home Improvement, Bi-Lo grocery store and at least one hotel have publicly expressed interest in locating in Cashiers, the commissioner said. Waiting for incorporation, which is currently being looked at by the Local Government Commission, may be waiting too late, he said.

"We are at a crucial time in Cashiers," Madden said. "We don't want to lose the reason people come to Cashiers if it's not the small town they've come to expect. "This would also be bad for the county," he said. "I believe we need to protect the goose that lays the golden egg. Incorporation might, quite frankly, be too late."

While the county could establish a zoning district in Cashiers relatively quickly, Madden said such a move should not take the place of a vote on incorporation. If the citizens were pleased with the results attained by the zoning district, they could vote against incorporation; if not, they could vote "yes," he said.

"The people of Cashiers have two choices," Madden said. "Incorporation with zoning in the commercial and residential areas and the need to fund service delivery or control of the commercial area only."

Two of his fellow commissioners - Roberta Crawford and Brian McMahan - noticeably cringed at Madden's mention of zoning.

"No one is suggesting the prevention of growth, just control of the aesthetics," Madden said. "There's a misconception that zoning would prevent a franchise from coming to town. That just can't happen, but you can dictate things like landscaping, curb cuts, signage and appearance."

Madden suggested a five-member committee be formed to study the idea, define the zone's potential borders and make recommendations to the board of commissioners about what regulations would be necessary. Should the plan be approved, the five-member committee could evolve into a board of adjustment charged with overseeing the district's growth, he said.

Given time to respond, Cashiers resident and lawyer Bill Coward explained that North Carolina law does not require towns to offer any services. The requirement is simply to choose four services and outline a plan to provide them by the third fiscal year, he said.

Those involved with the incorporation effort chose zoning, police and fire protection and solid waste disposal as services they could offer the future residents of the town of Cashiers, "but nobody thought we needed those services," Coward said. Taxation would be at the minimum level (5 cents per $100 valuation) and funds to run the town would be sought from other sources, he said.

Another important aspect of incorporation to remember, Coward said, is that the people of Cashiers would be given an opportunity to vote for their leaders, which would not be the case with a board of adjustment appointed by county commissioners.

"This is a good fallback plan," Coward said of Madden's proposal, "but taxation should not be an issue. I think the taxation issue is something that can be handled. It's affordable."

With both sides presented, commissioners agreed to form a committee made up of Cashiers residents and charge them with developing a plan for implementation. Board members agreed to bring names for committee membership to an upcoming meeting.

Such a plan could apply to other areas of the county, most notably Qualla, where residents have spoken out against development in the form of a tourist helicopter sight-seeing operation and a proposed asphalt plant, Crawford said.

"Jackson County is a rural area; countywide zoning is not necessary," Madden said. "But some areas need some attention, and (Cashiers) is one of them."

Back to Archive: 01/30/03.