Crossroads at West Asheville: Strong points made, then hearing continued — again

John Boyle | Asheville Citizen Times

ASHEVILLE - Maybe the fourth time will be the charm?

After a marathon seven-and-a-half-hour meeting on Dec. 11, mostly on the proposed 802-unit Crossroads at West Asheville apartment complex, the Board of Adjustment agreed to continue the quasi-judicial hearing on the proposal to January.

The meeting convened at noon but the official hearing didn't start until almost 1 p.m. By 7:30 p.m., the board had heard from a slew of experts and nearby residents offering sworn testimony, as well as detailed questioning by both sides' lawyers. When it became clear the hearing — not to mention public comment and board deliberations — would continue for several more hours, Chairman Martin Moore suggested postponement.

Previous Crossroads coverage:

"Even if we’re going at this pace, there’s a good chance we’re going to be here until 1 o’clock in the morning," Moore said.

Board Member George Lycan said the proposal, which also calls for 14,400 square feet of retail space, 50,400 square feet of office space and 64,000 square feet of self-storage, is "the biggest project we’ve ever had in this county.

"It’s very complex — it's upwards of half a billion dollars," Lycan said. "It’s just too important to rush this and run into heavy fatigue and work until we’re all worn out, and not do it properly for both sides of this issue.”

So, the Board of Adjustment, which has the final say on the project, will hold a special session at 9 a.m. Jan. 23.

Addressing concerns

The proposal has been controversial, with neighbors and residents of nearby Malvern Hills saying it's just too large, will drastically increase traffic and could have negative environmental impacts, including harm to Hominy Creek.

At the hearing, developers said they are addressing water runoff concerns with retention ponds and by building a mile of public greenway through the project. Also, siting the 20 buildings away from the creek and leaving 42% of the property undisturbed will reduce the environmental impact, they said.

The 68-acre property, bordered by South Bear Creek and Sand Hill roads and Interstate 240, lies just outside the Asheville city limits. Buncombe County has it zoned "public service," which allows for apartments. But that is a conditional use that requires board approval.

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Throughout the day, a crowd of 120 people dwindled as the hearing dragged on, and some of the 35 people signed up to speak had already left. Some who stayed for the duration were disappointed they didn't get the chance to speak but understood.

"I’m not surprised by the fact that it’s taking so long; I’m glad they’re committed to doing it right and not rushing through it,” said Helene Beauchamp, a solar engineer. “It is inconvenient — I took time off work to come today. But I’m not sad I came — there was so much testimony.”

Developers make their case

In presenting their case, developers called as witnesses A.J. Klenk, of Catalyst Capital Partners, and Jeff Moore, an engineer with Mattern & Craig, who conducted a traffic impact analysis.

Klenk said they want to be good stewards of the land, which he said inspired "speechlessness" on his part the first time he set foot on the former dairy farm. He stressed that the developers are community-oriented and asked themselves how they could improve the property.

"This is our opportunity to do a small part to make the world a better place," Klenk said.

The comment drew laughter from some of the many opponents in attendance.

Moore noted the developer plans to install two traffic signals at intersections near the project and a pedestrian crosswalk at Bear Creek and Sand Hill roads, as well as turn lanes into the complex. Those changes should increase safety for motorists and pedestrians and help with traffic delays in the area, a constant problem during morning and evening rush hours on the two-lane road.

Moore and Christopher Medlin, a North Carolina Department of Transportation engineer, also noted the DOT has road improvements planned in the area.

But John Noor, an attorney for project opponents, had Moore and Medlin acknowledge that DOT projects often are delayed and might not take place before much of the proposal is built, meaning traffic woes will worsen.

After the meeting, Noor said he plans to call two traffic experts in January that will refute the developers' assertions about traffic and congestion.

Noor stressed at different times during the hearing that the developers were not meeting key conditions required by the conditional use terms for planned use developments. These provisions say such developments will not:

"Adversely affect the health or safety of persons residing or working in the neighborhood."

"Not be detrimental to the public welfare or injurious to property or public improvements in the neighborhood."

"Will not cause or have adverse effects on surrounding properties due to noise, vibration, glare..."

Neighbors sworn in to testify said congestion is a problem, and the two-lane roads in the area won't be able to handle increased traffic.

Potential Hominy Creek impacts

Come January, Bob Oast and Lou Bissette, attorneys for the developer, likely will have plenty of questions waiting for those witnesses, as well as Jacob McLean, a water resources engineer who testified that the project will disturb wetlands on the site and create more runoff, erosion and pollution for Hominy Creek.

McLean testified that runoff will cause increased water flows and erosion, and that could damage property upstream and down. He also said the state has recently noted in a report that retention ponds planned for the site are among the least effective measures for handling stormwater.

Further, McLean testified the developers' plans to fill in some wetlands area and move earth on the site will displace about a third of the current amount of stormwater storage on site.

"So, 10 millions gallons no longer stored there is gone downstream," McLean said, adding that the area in question serves as a drain area for about 87 acres.

Property sale details

Crossroads Church, which will remain next to the proposed project, bought 91 acres in 1990 for $2 million. The developer, Catalyst Capital Partners, has not formally bought the property yet, but it does have a sale contract to buy a 55.32-acre parcel.

Crossroads sold the tract to Gateway AVL, whose registered agent is a real estate broker, in 2016 for $2.5 million, but the church kept 35.3 acres. Part of the developers' phase III plans are on that 35.3-acre tract.

Catalyst Capital Partners, based in Charlotte, plans to build the apartments in phases over the next decade. A church official said previously the plan always was to develop part of the property.

After the hearing wrapped up — for now — Kate Millar, incoming president for the Malvern Hills Neighborhood Association, said she was upset with the delay.

“It puts a huge burden on us again,” Millar said. “These developers are in their normal course of business with their normal costs of business. For us, people are taking vacation time, people are spending time away from work, away from their families, arranging babysitters. Plus, we’ll have additional travel costs (for experts) that we’ve been working hard to fund-raise for. So I’m upset – I would’ve liked to have stayed and get it over with.”