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By Lisa Majors-Duff
By a vote of 3-2, Jackson County commissioners established a commercial
zoning district in Cashiers Tuesday (Aug. 19).
Although not unanimously accepted, Commissioner Joe Cowan's motion
to adopt the zoning plan for a year, at which time the board will
review the ordinance's impact, stands approved, said county attorney
Paul Holt.
Tuesday's action by the board of commissioners follows Cashiers
voters' Aug. 12 rejection of an incorporation effort by nearly
a 2-1 margin. It also followed a public comment session, during
which speakers were equally divided in their support for and against
the commercial district plan.
Many of those speaking in favor of the plan, which provides a
set of guidelines for new commercial development only, reminded
commissioners that another entity, the Tuckaseigee Water and Sewer
Authority, was poised this week to expand the Cashiers sewer plant.
Once that happens, said Ed Henson, the potential for growth in
Cashiers will also expand.
"This is not a 'native vs. non-native' issue," said
Henson, who served as chairman of the Cashiers Commercial Area
Task Force. "It's an issue for business owners who want to
protect the area."
Cashiers business owner Will McKee said he voted against incorporation
but favors the commercial district plan and the protection it
offers property owners.
"This is something we don't want," said Elaine Stiwinter
from the other side of the aisle. "A lot of people don't
want it."
"If you zone Cashiers, there's going to be a lot of hatred,"
said Eddie Stewart. "I strongly don't want you to vote for
it."
Others, like Gary Buchanan of Sylva and Larry Moss of Cashiers,
reminded commissioners of campaign promises made against countywide
zoning and threatened their seats should they choose to support
the plan.
"I'm concerned about the domino effect," Buchanan said.
"It's going to step on down to Webster and Dillsboro. The
last bunch of commissioners wouldn't listen to us, and they're
not here anymore."
In addition to voicing his opposition to the plan, Commissioner
Brian McMahan attempted to use state statutes to show that the
ordinance was not legally created by a "duly sworn"
planning board and, therefore, would not be valid.
The question was put to rest by statements made by consultant
Gerald Green, who indicated the commissioners' original intent
when it established the task force was to end up with an ordinance
of this nature.
"In my opinion, we have applied with all the requirements
of the statutes," Green said.
From there McMahan shifted gears, pointing out that a petition
and the failed incorporation vote painted a clear picture that
the people of Cashiers are against zoning. His feelings on the
subject were supported by Commissioner Roberta Crawford, who said
the ordinance before the board looked more like something developed
for Buncombe County, and not rural Jackson County.
Standing to address his fellow board members and the large audience
gathered in the courtroom, Commissioner Cowan said he'd read the
document "no less than 10 times, and I'm telling you, there's
nothing that can hurt the people of Cashiers. This designates
a commercial district; that's all it does."
"I echo Commissioner Cowan's comments," Chairman Stacy
Buchanan said. "I've said I'm against countywide zoning,
but, folks, this is nothing more than a set of guidelines."
Buchanan likened the commercial district plan to ordinances he's
had a hand in approving in the past, including legislation addressing
cell tower construction and sediment control, as well as a subdivision
ordinance currently on the drawing board.
Reading from a prepared statement, Commissioner Eddie Madden,
who represents the Cashiers area and proposed the plan earlier
this year, said the plan allows today's leaders "to have
a hand in shaping Cashiers" for the future.
"It's not meant to uproot anyone," he said, "it's
meant to protect everyone with a business, home or property in
the area."
According to Cowan's motion, the plan will be up for review in
August 2004, at which time board members will have three options:
renew the plan, modify the plan or discontinue the plan.
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