Access road plan takes U-turn at Planning
Commission meeting
By Thomas Wilson
STAR STAFF
twilson@starhq.com
Fulfilling a proposed access road system to link the planned
Wal-Mart Supercenter and existing Wal-Mart store may be contingent
on an adjacent property owner who claims ownership in a portion
of land where the road would be located.
Charles Von Cannon, owner of the Bemberg Industrial Center,
cautioned Planning Commission members at a meeting Tuesday
night about the development of an access road given his ownership
of a strip of property near the Lowe's development
"I hope that Lowe's, the city and everybody else around has
checked the deeds," Von Cannon told commissioners. "That's
the same problems I've had for 10 years, and I don't intend
to give up."
The issue was raised when the agenda item came up for planners
to consider giving approval for a preliminary subdivision
plat to the much-anticipated Lowe's Home Improvement Warehouse.
As part of the Lowe's site, developers plan to create an access
road system to divert traffic from Wallace Avenue behind the
U.S. Post Office on West Elk Avenue to Tony Fuller Drive on
the west end of the existing Wal-Mart store.
Von Cannon said a strip of property 50-feet wide and 409-feet
long extended between the proposed Wal-Mart and the existing
store. He said any access road between the proposed Lowe's
and the U.S. Post Office property would be difficult without
acquiring property from the Post Office. Von Cannon said the
property in question had been surveyed numerous times to establish
where his property was located in respect to the existing
Wal-Mart and Tony Fuller Drive.
"There are more metal stakes over there than East Tennessee
Scrap Metal has in its yard," he said.
Attorney Lon Boyd of Kingsport sent letters to Elizabethton
city administration and Lowe's in January advising them of
Von Cannon's concerns.
City Director of Planning and Development, David Ornduff,
said the city was willing to discuss the issue with Von Cannon
at his convenience.
"It has been known about for 10 years that the problem is
there," Von Cannon said. "I'm tired of playing games." Referring
to a scale drawing displayed on overhead projection, Von Cannon
also indicated the Lowe's building encroached on a portion
of his property.
Stan Harrison with the state's Planning Office recommended
against final plat approval for the Lowe's development until
Von Cannon's issue is resolved since the access road's status
as a city street would become an issue.
"The (road) dedication issue will come up on the final plat
approval," he told commission members.
However, Randall Shelby with the Tysinger, Hampton and Partners
survey firm told commission members he was "100 percent sure"
the Lowe's building did not encroach on any property owner
outside the specified tract.
Commissioner Jack Cole also recommended the commission delay
final approval, but Commissioner Victor Deloach stated the
subdivision and site plan issue were independent of the access
road issue. The A subdivision plat and site plan submitted
by Site, Inc. of Knoxville, positions Lowe's on a 16-acre
tract of land between the existing Wal-Mart store and the
future Wal-Mart Supercenter. Planners ultimately voted 7-0
to grant preliminary subdivision plat approval for the Lowe's
development and site plan approval for the store contingent
on final subdivision plat approval.
A round of impromptu negotiations between a Johnson City developer
also avoided a potential delay in the development of a proposed
Walgreens drug store on Broad Street.
Tom Peters of Kingsport appeared on behalf of Harry Ornduff
of East C Street to discuss a proposal from developer Ed Street
regarding the Walgreens.
The commission voted in January to rezone property located
at 213 East C St. from R-1 residential to B-1 business and
rezone a portion of the alley between Broad Street and East
C Street. Commissioners also voted 6-0 to approve Street's
request to close an alley lying between Broad Street and East
C Street from Lynn Avenue to the Elizabethton Church of Christ.
When initially approaching the commission Tuesday night, Street
presented three additional requests as part of the development.
Speaking on behalf of Ornduff, Peters said a portion of land
two feet by two feet six inches was in question. Peters said
a survey of the property indicated the strip being offered
to his client by Street was already owned by Harry Ornduff.
Street said his own surveyors told him otherwise. He also
cited time-sensitive options to purchase various tracts of
property in the vicinity of Lynn Avenue and Broad Street as
barriers to a drawn out negotiation. Then, he, Peters and
Harry Ornduff left the commission chambers and returned approximately
10 minutes later with the issue resolved.
Under their verbal negotiation presented to the commission
by the parties, the two feet property strip would be given
to Harry Ornduff via quit-claim deed; a utility easement would
be established between the drug store and Ornduff's property,
and a utility easement for use by the city would extend down
the alley.
Harrison also cautioned the commission to approve the preliminary
subdivision plat approval and site plan approval contingent
on Street ultimately acquiring the parcels of land he had
not yet purchased. The commission voted 7-0 to both plat and
site plan items based on Harrison's recommendation.
After the meeting, Street declined to comment on which property
parcels were on option. The Napa Auto Parts business, a lot
owned by Happy Valley Credit Union, and at least two residential
properties on East C Street are among the properties ultimately
involved in the Walgreens development.
In other business, the commission voted 7-0 to rezone property
at 208 Parkway Blvd. from R-2 residential to B-2 arterial
business. The rezoning request came from Phillip and Rebecca
Gilmer who plan to relocate their dentist office to the location.
City Council accepted a bid of $265,000 in January from the
Gilmers to purchase the property from the city.