Sidewalk/Path questions on proposed Beaverdam dog park site

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John8/22/13

To: stuch@ashevillenc.gov

I am confused about many aspects of the proposed North Asheville Dog Park.  I'm not familiar with pertinent statutes or documents, and I'm not sure I could understand them anyway!  Perhaps you could help me to understand at least some issues concerning the proposed sidewalks or paths.  At the July 18 public meeting, I understood you to say the city would build sidewalks or paths on the parcel that is proposed to be donated to the city by Ark Development.  But doesn't Ark have a Conditional Use Permit that requires them to do that?  

• Is there a Conditional Use Permit that requires Ark Development to build sidewalks or paths at their expense?
• Is there a possibility the city would build and pay for the sidewalks or paths?
• Is city funding affected if sidewalks are built in the Beaverdam Rd right-of-way, as opposed to paths 40 to 80 feet from the road?
• Is city funding of the sidewalks/paths contingent upon the city taking title to the property?
• Is city funding contingent upon the land being used as a dog park? 

• Would the city even agree to take title if there is to be no dog park?
• Would the requirements of the Conditional Use Permit continue in effect if the property were donated to the city or a non-profit?    The Friends of the North Asheville Dog Park and the Preservation Society of Asheville come to mind.  Would the required work need to be completed prior to any sale or donation?
• Is City Council action needed to resolve any of these questions, or can they be resolved through existing authority or by reference to the Conditional Use Permit?

I understand that Ark and city staff determined that a sidewalk against the roadway in that area would be dangerous due to high-speed traffic on the narrow curve, as well as difficult to build due to terrain.  The decision was apparently made to build a path through thick woods, 40 to 80 feet from the road and 12 feet below the road, to connect the proposed bus shelter at Wild Cherry and Beaverdam with the western end of the property, near Sycamore and Beaverdam.  This raises more questions:

• What is the primary purpose of the path?  Is it for recreation or to access the bus shelter?
• Has anyone considered if people will feel safe on a path in deep woods. out of sight of the road?  It's different for a runner with a big dog than for a lone woman off the bus in the dark.

• Would it be possible to build a wooden walkway, four feet from the road, raised on posts up to the level of the roadway?  It would be similar to the wooden walkways in the Elisha Mitchell Audubon Society Bird Sanctuary.  This would eliminate the need for the path in the woods, minimizing cost and environmental impact.
• If a wooden walkway is deemed appropriate, could it qualify for city funded construction and/or maintenance?