Cogdills withdraw rezoning application

By Lynn Hotaling

Town leaders learned the Cogdill heirs to the Lois Morris property on Skyland Drive had changed their minds through a 4 p.m. fax and did not have time to notify interested parties before the start of the 5:30 p.m. hearing, said Sylva zoning administrator Jim Aust. The faxed letter was from Kim Gould, the Cogdills' agent.

"Given the current climate surrounding this request, it has been determined that this application will require further study and revision, prior to submittal to the board," Gould wrote. "The heirs are reluctant to subject this application to possible denial until all efforts have been made to understand and satisfy all concerned parties,"

The Cogdill heirs requested the rezoning so that Tuckaseigee Water and Sewer Authority could relocate its offices there. TWSA board members Sept. 4 agreed to purchase 2 acres of the Morris tract for $250,000. That contract is contingent on the town of Sylva rezoning the property, which fronts Skyland Drive, for commercial use.

The Cogdills' withdrawal of the rezoning request in itself has no bearing on TWSA's contract to buy the property, TWSA Director Jerry King said Wednesday.

"Right now, today, that offer is still in effect," King said. "We haven't made offers on any other property."

The Cogdills in September withdrew a previous rezoning request that sought to change their property's zoning from R-1 to R-1A in order to convert the large, Mediterranean-style home to a bed and breakfast.

Neighbors in the residential area that surrounds the Morris tract have vigorously opposed both efforts to rezone the parcel. Adjacent property owners Kevin and Laura Pennington compiled a 15-page handout to make their case for preserving the existing zoning classification.

Two days before the scheduled hearing, the Penningtons filed a protest petition, which requires a 75 percent majority of the town board before a parcel can be rezoned, Aust said. State statutes allow adjacent property owners to file protest petitions if they meet certain stipulations.

Mayor Brenda Oliver apologized to the assembled crowd and said she regretted that she couldn't notify everyone that the rezoning request had been withdrawn.

"This was scheduled a month ago," said Laura Pennington. "It doesn't feel right for (the Cogdills) to make a decision at the 11th hour."

Aust said that if town officials had taken action on the request, the Cogdill heirs could not reapply for rezoning for at least a year.

In other business Nov. 1, Sylva board members turned their attention to regulating adult establishments within the city limits and, with no discussion, unanimously passed a 90-day moratorium against topless bars and other forms of adult entertainment.

Oliver requested a moratorium on sexually-oriented businesses to ensure that none can open before town officials can draft an ordinance regulating such establishments.

A liquor-by-the-drink referendum on the Nov. 6 ballot in Sylva is thought to have prompted the board's temporary ban on sexually-oriented businesses.

Also Nov. 1:

- Town leaders appropriated $7,000 to build a shelter and rest rooms at Bryson Park on Chipper Curve Road. Though the money is appropriated, improvements will not begin until the project receives the go-ahead from the town board's three-member recreation committee.

Board member Maurice Moody objected to granting final approval Thursday night.

"I don't think it's a question of whether the work needs to be done," Moody said. "I just think we need to get more input and not treat it like an emergency."

Though Aust offered the opinion that the existing shelter is unsafe and should be torn down, Moody said he'd prefer to look at it before any work is started.

"The needs are there and have been there for years," Moody said. "We ought to take time to make sure it's done right."

"The park's needed work for 10 or 15 years," said June Shepherd, who said her child plays there. "If you don't get (the shelter) torn down and it falls on someone, that's a great danger."

The recreation committee is scheduled to meet today (Thursday) at 1 p.m. and could take action on the Bryson Park repairs at that time.

The $7,000 will purchase almost all of the materials, Oliver said, and town personnel, convict labor and Job Corps students could do the construction.

- Town board members appointed Sybil Reed to the TWSA board, effective in January. Reed will replace Ann Cabe, who has been a member of the TWSA board since the authority was formed in 1992 and has served out her eligibility.

- Board members will hold a special meeting today (Thursday) at 2 p.m. to discuss final costs related to last summer's swimming pool renovations.

Sylva leaders also scheduled two public hearings prior to their December meeting, which was changed to Thursday, Dec. 13, at 7 p.m.

Town officials plan take public comment concerning a rezoning request from Sylva United Methodist Church at 5:30 p.m. The church's current zoning classification, R-1 (single family homes only), precludes any expansion of church facilities. If the parcel is rezoned, it would be to R-1A, which allows churches, cemeteries and bed and breakfasts, said Aust.

At 6 p.m. on Dec. 13, Sylva leaders will conduct a public hearing on a proposed emergency management ordinance, which would consolidate all emergency efforts in case of a disaster. Mike Ensley, Jackson County's coordinator of emergency management, is expected to be available to answer questions.

All of the committee meetings and hearings, as well as the Dec. 13 regular meeting, will take place at Sylva City Hall.

Back to Archive: 11/08/01.