WEST ASHEVILLE - The developer of a controversial 802-unit apartment and commercial complex is back with a 'scaled back' version that calls for 660 units, after pulling the previous application in January.
The Charlotte-based developer, Catalyst Capital Partners, galvanized opposition from the Malvern Hills community last year with its Crossroads at West Asheville proposal, with neighbors voicing concerns about increased traffic, environmental impacts and quality of life issues. That original proposal called for 802 apartments, 14,400 square feet of retail space, 50,400 square feet of office space, and 64,000 square feet of self-storage on a site previously owned by Crossroads Asheville Church.
CCP submitted its new plan to the Buncombe County Planning Department last week, and "it has been tentatively placed on the Oct. 14 Board of Adjustment agenda," according to Nathan Pennington, Buncombe County Planning director.
"Staff is currently evaluating the application, and the meeting date could change subject to further review or direction from the applicant or legal counsel," Pennington said Sept. 14.
Pennington said the pandemic is also a factor in a possible hearing. The North Carolina General Assembly passed legislation allowing for virtual quasi-judicial hearings to take place, Pennington said, but "if an opposing party with standing objects to a virtual hearing then a traditional hearing would be required.
"If this happens, we will need to make careful arrangements with our board members in conjunction with County Legal and Public Health to assure that this can be done safely and in a way that incorporates all necessary health protocols," Pennington said.
Developer: 'Significant changes' made
A press release about the new proposal states the development company "has made significant changes to their original plan for developing a parcel of land at 20 South Bear Creek Road in West Asheville." The site is 55.4 acres, and plans say 32 acres will be disturbed for the project.
The release notes that CCP withdrew its previous plans after months of meetings and property tours with community members, nonprofit groups and other concerned citizens. The proposal generated several long quasi-judicial hearings before the Buncombe County Board of Adjustment, but CCP withdrew the plan before the last meeting was scheduled to continue.
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The release said CCP has come back with a "notably scaled down site plan with fewer living units and no commercial or retail space.
“We are very appreciative of all the input we’ve received in regard to this project,” AJ Klenk, Managing Partner at CCP, said in the release. "The passion and concern the Asheville community has for the area and the environment has continued to inspire us to devise what we hope is the best possible solution for everyone."
Neighbors still opposed
Neighbors remain passionately concerned about the new proposal.
"Yes, there is definitely still opposition to a development of this size on undeveloped land, and there is also a real sense of sadness and disappointment in local government among my neighbors," said Kate Millar, president of the Malvern Hills Neighborhood Association, adding that the developer's press release frames the new application "as they want it to be perceived. The truth is that while it is a little improved, it is still as big as possible and many of the over-development issues that would negatively impact our neighborhood remain."
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Millar says the proposal does not offer infrastructure improvements "commensurate with the scale of the development," and, "There is still no pedestrian access into or out of the development.
"There is still no traffic calming protection for narrow residential roads filled with pedestrians, bikes, and kids," Millar said. "Why are these things not a given for what would still be one of the largest-ever residential developments in WNC?"
Klenk noted in the release that the area still has a need for housing, "but we also listened to the concerns we heard from neighbors and environmental groups and took all of that into account as we took a long pause to dramatically revise the plan.”
No commercial, retail components this time
The project, now called "20 South Bear Creek," a reference to its physical location, no longer incorporates the parcel owned by the church.
"The new proposal has scaled back the entire development to eliminate all commercial office, self-storage and retail uses, leaving only 660 residential apartments, a portion of which will be designed for senior housing," the press release states. "Five percent of all units will be designated for affordable housing per city and county guidelines."
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The Buncombe County Board of Adjustment had heard the case in quasi-judicial hearings that drew overflow crowds in October, November and December of 2019. The last meeting lasted so long in December it was continued to a specially scheduled meeting on Jan. 23, but the developer pulled the application before then.
Less impact on traffic
The developer said the new plan, located south of the previous location, will not have as strong an impact on traffic.
The new "traffic trip projections are roughly 33% of the previous plan’s projections in the morning hours, and "55% of the previous plan’s projections in the peak" afternoon hours, according to the release.
"The size of the project and its potential effect on traffic in the area were probably two of the top three concerns we heard consistently,” Klenk said in the release. “The other was environmental impact, which we’ve also addressed head on.”
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The site plan leaves a larger tree buffer on the north end of the property, and the developers have "worked with their surveyor and local design team in recent months to design around various old growth trees and will continue this effort in the coming months. Furthermore, all environmentally sensitive zones will now be excluded, including the wetlands, mitigating previous concerns about stream bank erosion," the release states.
Also, "horizontal development,” including the road, parking, and other impervious areas, has also been significantly reduced, leaving more open green space.
“We understand there’s a natural concern regarding development in this area," Klenk said in the release. "One of our goals as a project team is to show there is a way to responsively develop — to listen to the community and to work together for the best possible outcomes."
The project still includes a previously proposed 1-mile long trail along the south and west sides of the Hominy Creek, a public trail with public trail head parking. The trail is still being designed, under the direction of the Buncombe County Parks and Recreation Department, according to the release.
Site just outside city limits
The site is just outside the city limits of Asheville, so the city's zoning requirements do not apply. The county's zoning at the site allows for 12 units per acre, and 20 South Bear Creek will seek approval for 11.9 units per acre.
Previously, the city could have influence on bordering projects through a tool called "extra-territorial jurisdiction," or ETJ, but the General Assembly eliminated that method.
Millar said the project highlights the need for better controls and better planning. Under Buncombe County's system, the Board of Adjustment, consisting of appointed members, not elected ones, has the final say on such projects.
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"Even with the continued growth pressure and loss of ETJ, there is still no unified transparent planning between the city and the county," Millar said. "And 5% being designated as affordable units is a token amount. No one who pays rent here will be building equity. This is cart-before-the-horse development that does not adequately balance the pressures of growth with the quality of life issues that will affect existing and future residents."
The neighborhood association hired an attorney last year to help fight the previous proposal. That may be necessary again.
"It's beyond depressing to have to fund-raise in the midst of a pandemic and economic crisis to defend against out-of-town developers in front of the very same government that we fund with our taxes," Millar said. "County representation does not and should not end at the city limits. Anything of this size should be going before our elected officials for consideration, not to an appointed quasi-judicial board for a virtual meeting."
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