Council vote lays

foundation for new

college of education building
By Frank Ruggiero
ruggiero@wataugademocrat.com

The Boone Town Council’s adoption of two zoning amendments could mean a new college of education for Appalachian State University – along with numerous other uses.

At its regular meeting Thursday, Jan. 17, the council reviewed two cases concerning Appalachian State, the first dealing with council-initiated amendments to the Unified Development Ordinance.

The changes would implement university growth planning recommendations prepared by a joint delegation of the council, ASU trustees and respective staff members. The amendments establish requirements in the U-1 (university) district, such as building setbacks, building height limitations, intensity, parking and buffering.

The second case saw ASU petitioning for a zoning change for property located on College and Howard streets and Hamby Alley from R-3 (multi-family residential) to U-1 (university). The property totals .99 acres and consists of four parcels, located within town corporate limits.

Earlier that week, the Boone Area Planning Commission had recommended approval for both, though council members Lynne Mason and Janet Pepin commented on the university’s plan as deliberations began.

“Though I do disagree with how the university went about acquiring this property … and how they plan for its use, the university now owns this property,” Mason said, adding that this includes the university’s right to develop it.

Historically, she noted, the town has rezoned property contiguous to campus to U-1.

Mason referred to the university growth planning recommendations, saying it was unfortunate that particular amendment was not discussed at the Jan. 10 special public hearing. She praised the town and university’s efforts in working together to devise the recommendations, but said both must continue to work together on planning initiatives.

“Both the town and university are experiencing growing pains, and we’re at a critical crossroad where we must plan to work together,” Mason said. “We must do just that. We cannot change what’s already been done, but we must plan … and work together from this point on.”

On Howard Street, Mason said it’s clear that many of the properties there don’t conform to the UDO, and more than half of the property there is U-1, with the remaining either B-3 or B-2, all of it prime for redevelopment. She added that she’d personally like to see more student housing close to campus.

The area has changed over the years, and its predominant use is now university-related, she continued, “and for this reason, I will support their request for this property to be rezoned, and I feel the request does have merit.”

Pepin voiced her opinion next, saying the university’s publicity campaign involving plans for the proposed college of education was more in keeping with a conditional zoning request, rather than a typical zoning request.

She said the university did not file a conditional zoning request that would have bound the university to a specific zoning building plan, but rather a zoning request by which the council must take into account all the permissible uses within a U-1 district.

“Because of the consequences of this campaign for a specific building, I believe the public is under the impression that council has the authority to request specific modifications to a building on this site,” Pepin said. “We do not. It is also true that tonight’s request for a zoning change does not bind ASU to any proposed plans.

“In addition, I also believe that because of this publicity campaign for a specific building, we are faced with a no-win situation because the public’s perception is that whether we vote to support or not support this zoning request … we are viewed as voting to support or not support a specific building.”

Prior to the meeting, Pepin prepared a comparison of permitted uses for R-3 and U-1 districts, based on the UDO.

She said 17 out of approximately 41 permitted uses would not change, but of the remaining 59 percent that would change, approximately 15 involve the removal of a special permit process and provide zoning by right.

She continued, there would be five additional uses in the change from R-3 to U-1, such as homeless halfway shelters, offices with little to no client or customer traffic, bowling alleys, skating, tennis courts, pool halls, athletic facilities, movie theaters, stadiums and coliseums.

Lost uses would include planned residential developments, bed and breakfasts and tourist homes.

“These changes may or may not be problematic, but I feel they have not been focused on sufficiently and, thus, it is our obligation to consider them in our deliberation this evening,” Pepin said.

Both requests were approved in 4-1 votes, with Pepin casting the dissenting vote for each. Pepin said she voted against the amendments not necessarily because she opposed the recommendations, but rather because there wasn’t adequate time to explore all the changes.