A request to remove a condition for a rezoning that was previously granted was denied by the Blue Ridge Planning Commission May 5.
In granting a rezone from residential to commercial, which took place in January, the Blue Ridge City Council required the developer, Wilco Development, “to construct a sidewalk along the access road that connects to Ada Street in conformance with city standards.”
The requirement was one of five conditions approved by the council.
The property is situated off Blue Ridge Drive/Highway 5 and includes tax parcels 0052 B 013, BR01 110, BR01 109B, BR01 109A, BR01 109, BR01 07301, BR01 109B1 and 0045 09401, totaling nearly 9 acres.
The parcels include around 2.5 acres that is located within the city; the remaining acreage is located in the county’s jurisdiction.
During the first Planning Commission and council hearings over the rezoning, it was not specified what the development would be, but during the recent meeting, Will Cobb, of Wilco Development, told the board that the development will be home to a Publix grocery store and other shops.
Cobb said he wished to have the stipulation removed as they will be unable to make the sidewalk compliant with the Americans with Disabilities Act (ADA) due to the 14% grade or 100 feet incline.
In his application to have the condition removed, Peter Hiscutt, of Hiscutt and Associates Architecture, provided a letter supporting Cobb’s argument.
Hiscutt said in addition to the ADA issue, it may also be an issue during inclement weather.
Planning Commission Chairman Greg Arnold questioned whether the sidewalk needed to be ADA compliant and said he thinks it is important to have something in place for pedestrian and cyclist traffic.
Commission members Dr. Bill Whaley and Mike Panter agreed that pedestrians and cyclists will use the access road.
Chris Highley, who runs a business on Ada Street, said he sees “a lot of pedestrian traffic” along Ada Street.
Whaley asked Cobb if he didn't want to construct a sidewalk because of money, and Cobb said that was a factor. The sidewalk adds $150,000 to the project on top of costs associated with adding the sidewalk to their plans, Cobb said.
Panter asked who would be liable for the access road since it will be on private property.
Zoning Administrator and City Clerk Jennifer Bates and City Attorney Chuck Conerly said there have been discussions with the developer as well as with city and county officials over who will be responsible, but it has not been determined.
Ultimately, the commission supported the council’s stipulation and unanimously denied the request.
The request will still go before the council for final approval.