City Council to hear arguments for, against proposed Zaxby’s

Published 12:12 am Monday, April 20, 2015

Salisbury City Council could decide Tuesday whether a proposed Zaxby’s restaurant for Jake Alexander Boulevard becomes a reality.

The site for the proposed Zaxby’s, which has plenty of opposition,  is between two office complexes at the traffic signal on Jake Alexander Boulevard at Castlewood Drive. John and Joan Leatherman own the land — they used to own much of the surrounding property before selling it to developers. Gina Dickens, who owns Zaxby’s on Faith Road, wants to be build a second Salisbury location at the site.

To allow for a drive-thru restaurant, the 1.4-acre site needs to be rezoned from residential mixed use to highway business. The strip of land including the office complexes is adjacent to the Rosemont Street neighborhood.

Opposition to the plans has stalled the process, and could derail the whole thing.

Some nearby residents and business owners don’t want a drive-thru restaurant of any kind in that location. The city’s planning board has already sided twice with the opposition, once last August and again in late January — but City Council can make the final decision.

A similar scenario, with many of the same characters, played out in 2009 when the Leathermans wanted a Taco Bell built on Jake Alexander Boulevard near the intersection with N.C. 150 — just up the road from where they’re trying to get the Zaxby’s built. Back then, City Council approved the Taco Bell after council formed a committee to examine the issue.

People against the current proposal have said there are already enough fast-food places in the area, and that building one on the site will cause traffic headaches for other businesses.  They’ve also said a restaurant will disrupt the area’s harmony.

Some of the business owners bought land in the area from the Leathermans under the assumption that the only development would be for office space.

The area currently has what is called a “Group Development Overlay.” John Leatherman is also requesting for this to be removed from the Zaxby’s property.

Accountant Alan Burke, whose office is directly adjacent to the site in question, told the Planning Board in August that he and other office owners who bought from Leatherman previously did so on good faith that the zoning would remain what used to be called “office-institutional.”

In January, Dianne Greene, a real estate agent who operates out of an office near the site, told the board she doesn’t want Jake Alexander Boulevard to turn into East Innes Street, which is flooded with fast-food joints.

“So many businesses have come here, and their CEOs will not live here because they think Salisbury looks like East Innes Street. … We’ve lost a lot of businesses because of the inconsistency of the way our streets look,” she said at the time.

A letter to the Planning Board from a doctor whose office is in the complex south of the site says he is concerned a drive-thru restaurant will cause further traffic congestion.

The city’s planning staff has recommended approval of Leatherman’s request for the rezoning, but staffers review issues based strictly on technical standards.

Leatherman’s argument is straightforward. He notes that this section of Jake Alexander Boulevard has seen tremendous growth. It now has the highest volume of traffic in the city with over 35,000 vehicles a day.

The character of the area has changed, and development should reflect that change, he said.

“If you can’t put a Zaxby’s on Jake Alexander, where can you put one?” Leatherman said after the January meeting.  “The city wants mixed-use development. They don’t want everything looking the same. But they flip-flop,” he said.

There is plenty of support for the new Zaxby’s, which Dickens said will have 50 to 60 employees. She started a petition at her current Zaxby’s in town. The petition has received hundreds of signatures from people who want to see the new restaurant built.

Leatherman has received backing for his plans from Mark Beymer, an expert in urban studies who used to serve on the Planning Board. Beymer has sent a letter stating his support for Leatherman’s request to City Council.

Victor Wallace, with Wallace Realty, also sent a letter to council in support of the plans.

“As a citizen, taxpayer, and lifetime resident of Salisbury I feel the request to locate a drive-thru restaurant is reasonable in this location.  It is well within the scope of the highest and best use of the property and with a CD zoning Council can craft the rules to fit the use,” the letter reads.

Council meets Tuesday at 4 p.m. at City Hall.

In other business Tuesday, council will:

• hold a public hearing regarding an amendment to the city’s consolidated plan for 2010 – 2014 Community Development Block Grant funds. As part of the program, 70 percent of the funds must be used for activities that benefit low and moderate income families — an objective set by the federal Department of Housing and Urban Development. Cities can choose to meet the requirement every year, or over a two- or three year-period.

According to a note in the agenda packet for Tuesday’s meeting, Salisbury wants to change from a one-year to a three-year standard for the 2012, ’13 and ’14 period due to additional expenses related to the West End initiative incurred in 2012. With the change, the city will be on track to surpass the 70-percent objective for the three-year time frame, the note says.

• recognize Livingstone College’s men’s basketball team for winning the CIAA tournament championship.

• award a contract worth $34,000 to Martin Starnes and Associates, an accounting firm, for auditing services for the city.  The firm conducts the city’s annual budget audit.

• hear a presentation on the city’s third- quarter financial status.