Mars Hill rejects Givens Estates' rezoning request, citing water capability concerns

MARS HILL - It might be a case of "right thing, wrong place."

In October 2021, representatives with Givens Estates, an Asheville-based nonprofit continuing care retirement community founded in 1979, met with the Madison County Board of Commissioners to discuss the potential for bringing a new facility to the county.

More than two years later, the nonprofit organization has identified a spot in Mars Hill and applied for a rezoning request for a new proposed facility, but the town board said it thinks the proposed location is not a good fit.

As such, the Mars Hill Town Council rejected Givens Estates' rezoning request during its January meeting. The proposed location is 44 Roy Edwards Lane, which is zoned C2 for commercial use. Givens requested the location be rezoned to R-4 for residential uses.

The Mars Hill Planning Board recommended the town reject the rezoning request in a December meeting that was continued from October.

In Mars Hill Town Manager Nathan Bennett's staff report, Bennett listed water and sewer capabilities and site compatibility as potential roadblocks to the site.

Givens Estates was founded in 1979 and operates campuses in Asheville, Black Mountain and Waynesville. It has two campuses in Asheville, including the original Givens Estates which sits on 215 acres and houses nearly 700 residents, and Givens Gerber Park in South Asheville. Givens Great Laurels in Haywood County hosts more than 100 residents, while Givens Highland Farms in Black Mountain hosts another 375 residents.

Givens Estates CEO Kevin Schwab and Andrew Crosson, Givens Estates' project development coordinator, also presented to the board in the Jan. 8 meeting.

"What makes us a little more unique than just a housing community is that it's low-income housing with services," Schwab said. "That keeps people independent as long as possible. Assisted living is very expensive."

Crosson pointed to two housing market studies – a 2020 Dogwood Health Trust regional housing study that was county-specific, and a 2023 study performed by Givens, which analyzed Mars Hill specifically.

According to the studies, there are 161 apartments in Madison County that are at or below 60% of area median income, Crosson said.

Any senior who makes less than 60% AMI would qualify for affordable housing with Givens, according to Crosson. As such, the current income limits for one person is $35,700 annual income or $40,800 annually for two people.

The other metric Crosson pointed to was the 0% housing vacancy rate.

"That means researchers called around Madison County, Mars Hill housing providers, specifically with affordable housing providers, and said, 'Hey, do y'all have any apartments available?' 'Nope. Zero.' And this is a snapshot in time between the two studies, but between the three years, there was still zero."

Additionally, due to the site's proximity to amenities such as restaurants, grocery stores and gas stations, as well as its convenience to N.C. 213 and Interstate 26, the site is the most competitive site for securing tax credit funding for the project, Crosson said.

"The key part of this evening is we are simply asking for the land use to change," Brisson said. "We know there will be water allocations down the road, that that's going to be a hurdle, site plans, permitting. We know those are all part of this process before we even put a nail in a board. But for tonight, we're just asking for the land use change.

"There are ways and means for us to mitigate external noises, because we do not want our residents to be upset," Crosson said. "So, we're happy to work through those issues. We really want to partner with the town to bring good, safe, affordable housing to the residents of the community."

Staff report

Bennett said the town is supportive of the project, but added that the town's concerns relating to the project could be difficult to overcome.

Ultimately, Bennett said the project forced the town to assess its water and sewer capacity, as well as what the town's existing system looks like, and how it's being utilized.

Bennett listed water and sewer figures from 2019, when the town adopted its Residential 4 zoning regulation.

Bennett said that from 2019 to 2022, with the addition of a 100-unit subdivision in 2019 and an additional 58-unit subdivision in 2022, the town saw a 36% increase in water production, from 52 million gallons to 75 million gallons.

According to Bennett, the Givens Estates project proposes an additional 120 units, which would equate to an increased water production of roughly 26,500 gallons per day, resulting in an additional more than 9 million gallons annually.

"Over the long term, we see lots of other development happening, so we need to get a good grasp of our existing water production capability," Bennett said.

"We just have some issues, that at this point are probably difficult to overcome," Bennett said. "Number one is why we even have zoning. The purpose of zoning is to make sure communities are balanced, and we're able to provide development controls that will satisfy a community. And those are certainly involving the proper use of the land, and protects existing properties."

According to Bennett, the property was zoned Highway Business in 2000. Then, in 2022, the property owners requested the property be reverted back to its Commercial Highway Business zoning following the town's 2020 extraterritorial jurisdiction, in which the town enforced zoning regulations within 1 mile of town boundaries, which placed the property in the county's jurisdiction.

Bennett said Givens Estates application came to the town in October, with the Givens team requesting the site be rezoned from Commercial Highway Business to a high-density residential zoning.

The proposed site consists of 6 acres and sits behind T.J. Mountain Market, across from Mars Hill Commons, and backs up into J.F. Robinson Lane.

Public comments

Chris Watson is executive director of Community Housing Coalition, a community-based nonprofit agency that facilitates urgent home repairs to low-income Madison County residents in need of assistance, and also serves as board chair for Madison County Housing Authority.

Watson spoke during the public hearing for the rezoning request, advocated for the importance of increasing affordable housing in Madison County, and said he supported bringing a Givens Estates project to Madison.

Watson said he, Madison County Housing Authority Executive Director Crystal Holder and Mars Hill Presbyterian Church Pastor Tommy Justus spent a lot of time with the Givens team touring their facilities.

"I have been so impressed with their residences and what they provide to the community," Watson said. "I was also here when Mars Hill Commons went in and understand the sour taste it left in all of our mouths, especially in Mars Hill. I just want to reiterate that this is such a different product. Givens is such a different organization that really cares about the communities they built and takes care of the people."

Watson said bringing these affordable housing units to seniors in Madison County would be a boon for all affordable housing in Madison County.

"Right now, seniors are the greatest number of residents in our housing authority, so moving them into supportive senior housing would free up housing for our low-income single parents or low-income families," Watson said.

Watson told the board the story of a friend who owns a downtown Mars Hill business who received a housing voucher but could not find housing at the county's three housing authorities — Marshall, Mars Hill and Madison County Housing Authority — and she now lives in a camper.

"But her job is running one of the most successful businesses here in downtown Mars Hill. You can't have a thriving town, we can't have a thriving community, if you don't have housing for the people who run your businesses and the people who work here. This would move seniors into greater housing and would free up existing housing for the people in the county who need it most."

Holder, the county housing authority's executive director, also spoke during the public hearing, and cited the county's desperate need for affordable housing.

"I've worked closely with Givens gathering data," Holder said. "From October to December, we sent out 40 waitlist letters. Of those 40, 25 folks came back and got vouchers. Within that 30 to 90 days, I had one family go to contract. I'd like to say that it's just point in time. But this is what happens on a monthly basis.

"HUD funds our county and our city based on use. If our families can't use these vouchers in the county, our town and our city, they lose funding."

Like Watson, Holder said she wished to point out the difference between Givens Estates' proposal and other recent housing developers that presented their projects as affordable housing, but have not followed through with their promise, including Mars Hill Crossroads' 55-unit Crossroads Parkway project in Mars Hill.

More: Info on Crossroads Parkway Mars Hill Town Board approves developer's rezoning request for 55-unit Little Ivy project

More: Sketch plan review on proposed new 29-homesite Mars Hill subdivision set for July 19

More: Retirement community nonprofit presents proposal for Madison project to commissioners

"I worked with that person as well," Holder said. "We met several times over the course of a couple of months, and then we sat down and she says, 'OK, I need a family from your development with an income of $65,000 or more a year.' And I just said, 'We've wasted each other's time.'

"The average median income for one of my families at the Ivy Ridge Apartments is $24,600, and that's a two-income family. Most of my folks, 65% of them are on SSI, Social Security or disability, and their incomes average out to be about $11,000 a year. As Chris was saying, and we've had this conversation several times in our board meetings, the problem is, there are no one-bedroom units in Madison County."

As a result, Holder said there are 181 residents with vouchers, yet 70% of those residents are using two- and three-bedroom units in the county due to the lack of one-bedroom units.

"So, if we can find a way to have smaller units, elderly and disabled housing, then it will alleviate the other housing issues that we're facing in the county," Holder said.

Johnny Casey has covered Madison County for The Citizen Times and The News-Record & Sentinel for nearly three years. He earned a first-place award in beat reporting in the 2023 North Carolina Press Association awards. He can be reached at 828-210-6074 or jcasey@newsrecordandsentinal.com.

This article originally appeared on Asheville Citizen Times: Mars Hill rejects Givens Estates rezoning, cites concerns about water