City denies zoning request

MORGANTON — A Walmart Supercenter for Morganton may not open until 2012, but its potential effects were felt in a decision made Thursday concerning other commercial development around the former Henredon plant.

The City Planning and Zoning Commission, after a public hearing and long discussion, rejected on a 4-1 vote (with two members abstaining) a request to rezone land along Burkemont Avenue for general-business use.

The land across from the North Carolina School for the Deaf is less than 200 yards from Burkemont Avenue's intersection with Fleming Drive.

As he did in 2005 and 2007, attorney John Ervin presented the rezoning request on behalf of Doris Wilson, who owns lots at 802 and 804 Burkemont and 109 and 111 Henredon Road. Ervin said the neighbors' principal objection in the past has been to traffic a commercial development would bring into their residential area. He predicted that a cul-de-sac created by the Walmart development actually will reduce traffic on Henredon and Hopewell roads and Wilson Drive.

Dr. David Kirk Jr., who lives at 201 Henredon Road and spoke against the rezoning, predicted Fleming and Burkemont will become the busiest intersection in Morganton after the Walmart Supercenter opens.
Planning board member Susan Janney, who made the motion to deny the rezoning petition, said she believes commercial development so close to the busy intersection will create "a traffic hazard waiting to happen," particularly after the Walmart opens and traffic skyrockets.

Lee Anderson, director of the city's design and development department, agreed that traffic could double during peak hours and said there may be an increased risk of rear-end accidents if northbound traffic on Burkemont turned left into the Henredon Road area.

However, he also said the planning staff recommends approval of the rezoning because the property meets all statutory requirements for general-business zoning.

The one thing everyone seemed to agree on is that the best use for the lots on Burkemont is commercial, even though they hold several homes now.

Planning Board Chairman Hank Dickens said, "I have the feeling we're trying to fit a square hole."
Kirk suggested the neighbors could work out a compromise if the planning board rejects the present petition and if Wilson then seeks a conditional-use zoning.

Anderson explained that the planning board could vote only yes or no on general-business zoning and could not impose or even debate any conditions. If Wilson submits an application for conditional use, he said, all parties would have to agree but they could negotiate specifications for driveways, lighting, the height of signs, etc.

Kirk said, "I'd love to sit down and work it out."

Ervin seemed doubtful.

"It's hard to thrash through a whole series of conditions," he said. "We don't even know who will find this an acceptable use."

Ervin said Wilson hasn't started marketing the land because she doesn't know whether and when the city might approve the rezoning. And they can't address any traffic problems because it's not yet known what the N.C. Department of Transportation may decide about additional turning lanes, traffic signals, etc.

Board member Claude Huffman made a motion to approve the rezoning. His motion died for lack of a second.

Janney moved to deny it and that motion passed.

Afterwards, Anderson said Wilson could appeal the decision to the Morganton City Council and ask for another public hearing.

"We'll appeal," Ervin promised.

In other business, the planning and zoning board unanimously approved Jonathon A. Duncan's request to have 2.56 acres of the former Morganton Dye and Finishing plant rezoned from light industrial to transitional residential. The land is on Salem Road at Norman Carraway Drive, not far from Salem Elementary School. There were no objections at the public hearing and the planning staff endorsed the change.