By David Rogers. December 15, 2011. BLOWING ROCK -- A new "Subway" is likely to be coming to town, thanks to a vote by the Blowing Rock Planning Board to recommend approval  of Conditional Use Permit (CUP 2011-06 Subway) to the Town Commissioners.  As for proposed changes to Blowing Rock's ordinances relating to "concealed carry" rights in Town recreation areas, more discussion and debate probably lies ahead for Blowing Rock policy makers.

In the case of the CUP application, Stonetree Development is requesting permission to renovate the construction office of Ebco Builders at 8433 Valley Blvd and convert the space into a Subway restaurant.  The log structure formerly on the site has already been removed.  A 1,626 square foot restaraunt building with 16 parking spaces and expanded curb and gutter to control drainage is being proposed.  A representative of the applicant provided architectural plans, and discussed plans for parking, lighting and utilities, access alterations to better integrate with the U.S. 321 modifications, landscaping, and provisions for garbage and/or recycling removal. A recommendation to approve the application passed unanimously.

Changes to Town Ordinance Governing Gun Rights

With North Carolina House Bill 650, passed in June to become effective December 1, 2011, towns and cities in North Carolina lost a measure of power to prohibit permit holders from carrying concealed handguns in municipal parks, except in narrowly defined recreational areas.  Specifically, the legislation lists playgrounds, athletic fields, swimming pools and athletic facilities as venues where a municipality can impose prohibitions.  

Existing ordinances written into the Town Code that prohibit permit holders to carry concealed weapons on any town property were, as a consequence, effectively voided. In an effort to update the pertinent ordinances to comply with the newly enacted legislation, the Planning Board reviewed a proposal prepared by Town staff, led by Planning Director Kevin Rothrock, that was believed by staff as complying with the legislation.

After Mr. Rothrock outlined the staff proposal and answered questions, several members of the public offered their views. While individual gun rights advocates attending the meeting spoke passionately and convincingly about the character and qualifications of persons licensed to carry concealed weapons, the Planning Board members were not persuaded to substantially alter the staff-submitted proposal, which was passed, 6-1, by the Board, with a relatively minor change in the language relating to the peripheral boundaries of the prohibited areas.  Jim West, the Planning Board's chairman, was the lone dissenter.

The issue and its urgency seemed to take many of the Board members by surprise.  Most seemed unaware of the passage of North Carolina House Bill 650 by the General Assembly in June, and that it had become effective on December 1.  Of the ones who were aware, their discovery was apparently only recent.

Aftermath

Interviewed by Blowing Rock News afterwards, one Board member speaking on condition of anonymity said, "During all of my service on the Planning Board, this is the first time I have felt ill-prepared to make a decision. We really needed more time, but because we are starting this process after legislation is already in effect, and because the legislation effectively supercedes or voids our existing ordinances, I think the members collectively felt an urgency to pass a recommendation on for the Commissioners' consideration.  The staff-created proposal seems a reasonable start, but for those of us who believe in Second Amendment rights (a citizen's right to keep and bear arms), there is an inherent personal conflict."

Another board member wishing not to be identified added, referring to municipalities that in recent weeks are reported to have passed less prohibitive ordinances against concealed carry permit holders,  "This is Blowing Rock, not Hickory or Wilkesboro where violent crimes seem to be more prevalent.  Maybe more handguns being legally carried by permit holders will help those areas. At least with the information that we were presented, the staff proposal seemed reasonable.  But this did seem a bit rushed for something as serious as consideration of Second Amendment rights."

In speaking with gun rights advocates afterwards, Blowing Rock News learned that they were mostly undeterred by the Planning Board decision. While one frustrated gun rights proponent remarked, "So much for the effect public input has on town boards," the group pledged a more articulate and more persuasive presentation at the January 10, 2012, meeting of the Town Commissioners where a final decision to revise the Town Code is likely.

"Most of the Board members seemed to understand and accept that concealed carry permit holders are good, law abiding folks," said one advocate. "And I think at least some of the Board members agree that having concealed weapons permit holders around can help prevent or reduce crimes in town.  We simply did not do a good enough job explaining to them the how, why and where of what was wrong with the staff's proposal. We will do better next time."

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