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Village residents request residential designation

By Rose Hooper

Although they were few in numbers, speakers Tuesday were strong in their pleas to the Village Council of Forest Hills.

Opening the discussion of the village's proposed subdivision regulations and zoning ordinance, several members of the Iobst family requested 13 acres proposed for commercial development instead be designated residential use.

James Hooper and Jim Dukes have announced plans to develop the 13 acres into the Cox Center, which would include a hotel/conference center, an apartment complex with 60 units, a restaurant and a park. They plan to locate it next to the Iobst home at the village entrance.

"We purchased our home 35 years ago, but development has greatly altered our landscape," Mary Iobst told the council. "We now find ourselves threatened by development. The value of our home and land has been lowered, as well as our standard of living. Please don't let others, whose only motive is profit, to destroy our lifestyle."

Carl Iobst called upon the council to show "commitment to courage" and enact land-use and development standards to protect future development.

In a letter read into the record, Roy and Ruth Shuler also requested a residential rather than commercial designation for the property in question.

"Increased traffic and noise will decrease the value of our home and increase stress in our retirement years," their letter stated.

The letter further called upon the council to "honor original commitments" made to residents when village incorporation began. Those commitments were to protect the village from such development, the Shulers maintain.

Gene Tweedy, the only person to speak in favor of the commercial designation, said it was his understanding "that when you incorporate, you have to abide by certain North Carolina laws, and one of those, I think, is that the village must have an area designated for commercial development."

Mayor Jim Davis said the original intent of incorporation was "to save property values, which are fast eroding because of no zoning." The goal behind the proposed regulations, Davis said, is to "enact high standards for our village."

The purpose of the ordinance is "to preserve the social, economic and aesthetic conditions that make up the Village of Forest Hills... and to promote and enhance the village's unique community atmosphere."

The 13 acres in question, located at the intersection of N.C. 107 and North Country Club Drive, recently came under the village's authority when it was added in the extraterritorial jurisdiction. Although the council has a blue print of the Cox Center, no permits have been issued yet, Mayor Davis pointed out.

Permits have been issued for a 20-acre development proposed by James Epley of Charlotte, who plans to build apartments. Permits have also been issued for an apartment complex expansion on the 14 acres known as The Summit, which adjoins Epley's property.

Davis said the council would take all comments "under advisement" and will probably take action at its June 3 meeting.

The village's subdivision regulations spell out how residents may subdivide their land into smaller pieces, while the zoning ordinance details what residents can do on their land.

The zoning proposal includes:

- R-1 Low-density residential district for single-family dwellings of not less than 2,000 square feet of heated space on 2 acres.

- R-1-A Low-density residential district which includes planned unit development not over two stories.

- R-2 Residential which includes manufactured homes constructed after July 1, 1983, and having at least 1,420 square feet of heated area.

- R-3 Rural residential district for single- and multi-family dwellings with unit not to exceed six bedrooms per acre; minimum lot size of 1 acre.

- R-4 Rural residential district for single- and multi-family dwellings with units not to exceed 10 bedrooms per acre and not more than three stories; minimum lot size of 1 acre.

- C-1 Commercial for mixed-use residential and commercial district can include hotels, motels, retail business and commercial planned unit developments with no more than four stories; minimum lot size of 1 acre.

- M-1 Commercial motel district for the existing University Inn; also includes existing cemetery.

The ordinance also regulates sign sizes and provides procedures for conditional use permits and variances.

The subdivision regulations describe three types of allowable subdivisions: Small subdivisions of three or fewer lots; minor subdivisions consisting of four to 20 lots; and major subdivisions of 21 or more lots.

Those wishing to subdivide their land may do so with their choice of two methods: One is the conventional subdivision of land, which allows units of 2 acres or more; the other is a conservation subdivision in which a minimum of 20 percent of the total land of the tract is preserved in permanent open space.

As public documents, copies of the subdivision regulations and zoning ordinance are available at the Jackson County Public Library, at Hunter Library on the Western Carolina University campus, and at the University Inn lobby. Copies can also be obtained from the village clerk, Mary Ann Budahl (293-5004) for $5, plus postage.

While approved by the planning board, the regulations, which would apply to the village and its ETJ area, do not become final until adopted by the village council.

In addition to addressing these issues, the village's proposed budget for the 2002-03 fiscal year will be considered at the board's 7 p.m. June 3 meeting, Mayor Davis said.

Back to Archive: 05/23/02.