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Developer withdraws Maxwell Highway rezoning after commissioners say revised concept doesn't meet earlier conditions
Summary
A developer seeking to downzone a commercial parcel on Asheville Highway to planned residential withdrew the rezoning request May 11 after commissioners said a planning concept filed for later review did not meet conditions the commission had attached in February, including a centrally located one-acre common area and minimum tree plantings.
A rezoning item tied to a larger Maxwell Highway development was withdrawn by the applicant on May 11 after commissioners said the planning concept that will go to planning commission did not match conditions set by the county commission in an earlier approval.
Commissioner Thompson read the earlier February conditions aloud, including a requirement that a one-acre common area be centrally located and easily accessible to residents. Members said a concept plan submitted to planning staff positioned the one-acre parcel at the edge of the development rather than centrally, and they voiced concern the developer had not followed the explicit condition. Commissioner Thompson noted long-standing county expectations that conditions applied by the commission must be carried through to later site plans.
The developer's representative said the one-acre feature and tree plantings were provided on the plan and that the firm believed the condition was satisfied; after extended discussion about access, stub streets and trail easements, the developer asked that the rezoning application be withdrawn from the day's agenda rather than proceed under the current disagreement.
Commissioners said they expected planning and engineering review to ensure previously imposed conditions remain attached to any future approvals and that clarified concept plans returned to the commission if there are questions about compliance.
The withdrawal averts an immediate vote but leaves the larger development subject to planning review and possible future commission consideration once the parties reconcile the design details.
