Haywood County’s plans for a four-story justice center may not pass the muster of the town of Waynesville.

Town officials signaled last week that they are still considering whether to approve a needed height variance so the building currently being considered can be built.

“There is a need to look at the new justice center in relation to the existing courthouse. That’s what a lot of people find hard to accept, that it overwhelms the existing courthouse,” said Alderwoman Libba Feichter.

Soon after that, the Waynesville Town Board sent a proposed Central Business Overlay District back to its planning board. The aldermen want the board to look at height, setback and nearness to historical structures requirements in the new district.

In an interview two days after the Sept. 11 town board meeting, Town Manager Lee Galloway agreed that the four-story courthouse proposal could become a sticking point.

“That may present some problems for the town,” Galloway said.

But it’s not only aesthetics, Galloway said. Buildings that surpass the 35-foot height limitation in the downtown area are problematic for fire and rescue personnel, said Galloway.

The town could hold considerable sway over plans for the proposed justice center. The four-story building — as currently designed — would be 64-feet high, said County Manager Jack Horton.

“If this proceeds as planned, we’ll come back to ask for a variance for height,” Horton told town aldermen.

Mayor Henry Foy, however, just before making the motion to send the CBOD back to the planning board, asked Horton about the size of the new justice center.

“Is county at all considering a three-story building?” Foy asked.

“No, they are only looking at what has been approved, which is a four-story building,” Horton said.
Horton attended last week’s town board meeting where the new Central Business Overlay District was discussed. The proposed CBOD — which would be bounded by Depot, Main, Walnut and Branner streets — was initially developed to help accommodate the new justice center, said Waynesville Planning and Zoning Coordinator John Swift.

“We tried to help them out with the CBOD. We agreed with their architects about the parking,” said Swift.

The town’s current parking requirements in the area where the new justice center will be located was one parking space for every 200 feet of floor space. That would have meant the county would have to provide more than 600 spaces for the new justice center. But last week, as part of a series of proposed zoning amendments, the town reduced downtown parking requirements for public and semi-public buildings to one space for every 300 square feet. The amendment means the current parking deck planned for the justice center would meet zoning requirements.

Also, the new CBOD included language that would have OK’d the setbacks for the new justice center and its parking deck. Originally, the new justice center was going to front Main Street, which is one reason the county originally sought to change the zoning of its land from C-2 to C-1.The code for a C-2 district does not allow buildings to front the street.

However, the plans for the justice were revised and now the building will be 50 feet back from Main Street, Horton said. The parking deck on Branner Avenue will be right up against the sidewalk, however. Either a variance or a new zoning district will be needed for the proposed parking deck to meet town code.

In essence, the new CBOD would combine elements of the downtown zoning district and the secondary business district, said Swift. Town staff says that buildings currently exist in the proposed CBOD area that violate some zoning codes, so the new proposal was seen as a way to accommodate those business owners, the new justice center and the parking deck.

Galloway said the county originally requested to change the area of the new justice center from the C-2 zoning district to the C-1, but town staff was not going to recommend that change because no parking requirements are contained in the C-1 district. The CBOD proposal came about as a result of the county’s needs and the needs of some retail businesses who wanted to expand.

“We tried to fit all the problems into one bag. It’s not perfect, nothing is, but we were trying to help,” Galloway said.

Horton told aldermen that the county would need a variance on the height requirement.,

With the CBOD going back to the town planning board for changes, Foy tried to reassure Horton that the town wanted to work with the county.

“We would like to work with the architects and the county to find something that will please everybody,” said Foy.

In an interview a few days after the meeting, Horton said the height question can’t be answered until the town makes a final decision on where it measures from. He pointed out that the back of the current courthouse and county annex don’t meet the 35-foot heigh limit. The front of the buildings do.

“They’ve got to clarify ordinance on where it is measured from,” he said.

 

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