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COUNCIL REJECTS HAYWOOD ROAD APARTMENT COMPLEX

The Hendersonville City Council on Wednesday night voted unanimously to deny a rezoning request that would have allowed a 180-unit apartment development on Haywood Road east of Blythe Street, triggering robust applause from homeowners who had mounted an months-long campaign to turn back the proposal.

The council vote at 9:55 p.m. came after more than three hours of public comment, debate and deliberation.

During two standing-room-only neighborhood compatibility meetings and a planning board meeting from June to December, residents raised objections based on affordability compatibility with the surrounding residential development, traffic, setbacks and stormwater management.

During a long presentation, the Miami-based developer delivered a strong defense of the rezoning, saying that the apartment community would meet the goals of the city's Gen-H comp plan. Marc Mariano, CEO of Advenir Azora Development, warned the council that it had insufficient grounds under state law or the city's newly adopted Gen-H comp plan to deny the development.

“The proposed development is undeniably compatible with the surrounding uses and lands solidly in the middle of North Carolina's neighborhood harmony standard,” he said. “It clearly fulfills the overwhelming majority of the Gen-H goals and objectives. It applies advanced smart growth planning and context sensitive design techniques to ensure compatibility with the surrounding uses. It uses compact development … to minimize the impact of the neighbors and infrastructure through enhanced setbacks and buffering, by doubling of open space, doubling of tree preservation, doubling of storm water management, is walkable and bikeable to downtown, provides market rate ‘missing-middle’ housing at attainable price points for residents of varying economic status and age.”

“Our neighbors don't want less density,” Mariano said. “They want nothing. They have said numerous times, this should be turned into a park. That's not an option.”

Instead, he said, a new owner of the 21-acre site could build as much density or more, or build million-dollar homes.

“Market conditions already support luxury housing without zoning,” he said. “A million and a half dollar homes are easy to build. That's what's likely to be put here in order to support the cost of the land, if we're denied, and there will be no give-and-take like you have here.”

During a public hearing on the request, opponents said the higher-density development is not compatible with surrounding neighborhoods. 

Among the comments:

  • A Plantation Walk resident said a traffic analyst failed to address increased traffic on Blythe Street and Orleans Avenue.
  • "I know all politics is local but I've never been to a city council that started with a filibuster," said attorney Gene Carr, referring to the long presentation by the developer and engineers. "The density level is deceptive because it is compact," he said. The greenway amenity does not make up for "the tripling the density that's allowed by R-15. ... The unanimous 9-0 against the project in the first round of the Planning Board demonstrating clear community opposition."
  • "I am the expert on the traffic on Haywood. I live there, I use it, I walk there. When I walk with my girlfriend we have to walk sngle-file. That is a dangerous road," a Ewart Road resident said. 'I'm urging you to protect our community."
  • Sharon Pearson, of 220 Ewbank Road, said: "Our concern is not just what is being said today but how this development would be operated and managed over time." 
  • "Nowhere is the word profitability of the developer ever a consideration in the Gen H plan, yet that is what they led off with tonight in trying to convince you why they can't lower the density of this development," said Jerry Smith Jr., a former council member and current candidate for mayor. "One, follow the wishes of the residents and the neighbors in the surrounding community. Two, follow the recommendations, twice, of the planning board, who voted it down. And three, don't be persuaded by a developer who doesn't share our hometown values. Vote it down."
  • "When the analysis says that they preserve 40 percent of the trees, they are destroying 60 percent of the trees," said Bryan Hodge, of 1103 Scheppegrell Drive. "They are destroying them for our children and our grandchildren who walk those streets."
  • "There's no agreement on anything they're putting forward that is going to enforce what they're claiming," said Matthew Kiggen, of 1504 Orleans Ave. "I'm very concerned that these people want to come into a place that is already overloaded, then profit and leave us with all the problems."

Mayor pro tem Jennifer Hensley said another location might have been appropriate but not Haywood Road.She added: "This project is called LEO, Love Each Other of Hendersonville, right? And so to come in here and make disparanging and disrespectful comments to my neighbors is shameful and I don't appreciate it."

"People have the right to develop but not to overdevelop," council member Gina Baxter said, "and I think that in this case we are well past the line of compatibility."

Like the neighbors who have been following the saga, "We've also been reviewing and discussing this project for a year and there's just too many concerns about the density and grading impact," said Lyndsey Simpson said. "I love this concept but I do not think this is a compatible location for it."