2023.02.16 BOA Special Meeting #5

Woodfin Board of Adjustments Special Meeting Recap: Robin Hood Road Development Appeal Continues

On February 16, 2023, the Woodfin Board of Adjustments (BOA) held a special meeting (#5 in a series) focused on the ongoing appeal concerning the Robin Hood Road development application. This meeting, a continuation of previous hearings, centered on whether a revised plan from developer H.S. Robin Hood should be considered a "group development" or simply a multifamily building under Woodfin's zoning regulations. The distinction is crucial, as it significantly impacts how the project can proceed and potentially sets a precedent for future zoning decisions in Woodfin.

The primary focus of the meeting was ensuring fairness and impartiality within the quasi-judicial proceedings, referencing North Carolina law (160D-109) which emphasizes the need for unbiased decision-makers. A significant portion of the meeting (over an hour) was dedicated to addressing potential conflicts of interest, specifically examining whether any Board members had engaged in "ex parte" communications (outside conversations related to the case) that could compromise their objectivity. The Board carefully questioned members about these communications and whether they had formed a fixed opinion on the matter, exploring potential reasons to ask Ms. Hoffman to recuse herself from the proceedings due to conversations with her husband and other factors.

The meeting involved detailed legal arguments from both sides. Tom Terrell, representing H.S. Robin Hood, argued that the developer had adequately addressed concerns raised by town planning staff and that a previous request for a pause in review was not a formal hold. He emphasized the project is a single building and dismissed concerns about short-term rentals as irrelevant, stating that Woodfin's zoning regulations do not specifically address them. The opponents, represented by Citizens for Responsible Land Use, have previously voiced concerns about the project's density, potential traffic impacts, and the possibility of short-term rentals disrupting the neighborhood. The meeting included extensive discussion clarifying definitions like "application," "revision," and "group development." Mr. Terrell began laying the groundwork for presenting witness testimony, including the developer's architect and engineer, which will be presented in subsequent hearings.

Importantly, no final decision was made during this meeting regarding the appeal. The Board did not vote on whether to consider the revised plan a "group development" or a multifamily building. The hearing remains open, and future meetings will see the developer present their full case with witness testimony.

There were no direct public comments during this meeting, as reflected in the transcript. However, residents are encouraged to follow future meetings and review the full transcript (available on the Town of Woodfin website) to stay informed about this significant development. The outcome of this appeal will have a considerable impact on the Robin Hood Road project and could influence how Woodfin approaches future zoning decisions.