Circle K redevelopment at former SunTrust site will remove large maple; planning staff say project is "use by right"

Michelle Kennedy, the town planning director, told the Town Council on Aug. 11 that Circle K’s commercial site plan for the former SunTrust lot on Highway 9 is a permitted “use by right” in the HBA (Highway Business) zoning district and that the approved site plan requires removal of the large maple tree at the property to accommodate stormwater management.

Kennedy said the plan includes 13 new trees (oaks, dogwoods and magnolias) and 237 evergreen shrubs and that the developer’s landscape plan exceeds the town’s minimum requirements. She said an on-site engineering study did not locate a stream on the lot and that the Board of Adjustment granted a variance in November 2024 removing stream-buffer and transitional-area requirements when no stream was found.

"We are only able to say yes or no based on the ordinances that are in place," Kennedy said, adding the maple was originally planted as a landscape tree in 1990 and is not a centuries‑old specimen. She reported developers told staff they are willing to work on native-species substitutions in the replacement planting where sizes meet town requirements, but that the base and root zone must be removed to build the approved stormwater system.

Public comment: Dozens of residents and business owners spoke during public comment, many urging the council to preserve the maple and other mature trees. Speakers included Mandy Carter (Mapletree Advocate), Emily Sampson (local landscaper and founder of the Swannanoa Valley Tree Alliance), Reed Pomeroy (resident and business owner), Carissa Golota (co‑owner of Louise's Kitchen) and others. Common themes were the tree’s value to downtown character, concerns about transparency in the permitting process, and requests for stronger local tree protections.

Developer and landowner positions: Sykes Reagan, developer for the Village of Cheshire, and a representative for the project told council members they requested reconsideration of other street‑acceptance and permit questions but that Circle K’s developers said they were willing to meet on-site about possibly reusing parts of the tree base or substituting native trees for the replacement plantings. Kennedy said relocation of the tree is unlikely given its size and the location of stormwater infrastructure.

Why this matters: Residents characterized the maple as an important town landmark and objected to the perception that the town’s existing ordinances offer insufficient protection for singular mature trees. Kennedy and council members noted that broader policy changes — including a planned Unified Development Ordinance (UDO) rewrite and a forthcoming tree ordinance — are intended to address development standards and tree protections, and that public engagement on those projects remains open.

Next steps: Kennedy said staff will follow up with Circle K about native replacement species and will continue to share information with the public; she also said the developer indicated willingness to meet on-site and that the tree’s stump/base might be salvaged if a volunteer or group can coordinate removal. Council did not overturn the approved site plan; the project remains permitted under current zoning and code requirements.