A provision tucked into the proposed budget passed by the North Carolina House of Representatives last week would apply only to Buncombe and to Watauga counties. The provision would create an exemption from local codes for state building projects at UNC-Asheville and Appalachian State University -- only, of all the universities in the state.
Wednesday, May 28, 2025
Invisible Hands Make Evil Magic
Sunday, October 03, 2021
Take Over the Town of Boone? Why, Easy as One, Two Three!
What's emerging in the Boone Town Council elections of 2021 looks for the world like a secret handshake between the administration of Appalachian State University and big real estate developers.
1.
A new political action committee (PAC) has emerged among real estate interests which says it will endorse chosen candidates for the Town Council elections and spend money to help elect them. The PAC is very open about favoring real estate development and also about becoming a political ally of AppState. What? At least one member of the ASU Board of Trustees (Tommy Sofield) was prominent among guests at the PAC's launch. And the PAC has named itself "AppalachianPAC," maybe to help student voters believe that Sheri Everts Knows Best. (Too clever, by half.)
2.
AppState owns some fairly large tracts in Boone that are zoned "U," a Town of Boone zoning designation which means AppState is free to build pretty much anything they desire without a mechanism for public input. Some of the sites on the map below are "U" zones ripe for development. Chancellor Sheri Everts recently sent this graphic to every ASU student, with a lengthy marketing survey: Where would you think you'd like to live in Boone if it wasn't a dormitory, and in what kind of apartment, and would you patronize businesses on the ground floor of your brand-spanking-new apartment building -- businesses including restaurants, five&dimes, dress shops, coffee shops, etc.?
What catches my attention on this map is the inclusion of the old Watauga High School site on Hwy 105. Big site -- huge opportunities. It became ASU property in 2017. The university paid Watauga County $18.3 mil for it. It's a prime spot for something big.
Here following is the top portion of that map that Everts emailed to students, with a direct question:
Did you notice that wording: "how interested would you be in renting or purchasing in that location?" Does that raise a red flag for you? AppState wants in the real estate market in a big new way? And suddenly its self-interest in putting a heavy thumb on the electoral scales appears all too obvious.
3.
The AppState administration very recently petitioned BooneTown's planning regulators, and the existing Town Council, to rezone some 8 parcels in downtown Boone from B1 (central business district, with plenty of restrictive regs that developers don't like and which a big powerful university doesn't like either) -- they asked to be rezoned to the much freer "U" zoning. You remember the building of the new College of Education in 2007 smack in a residential neighborhood? That was because it was zoned "U" and the Town of Boone couldn't stop it. You dig me?
To its credit, the sitting Town Council turned down all but one of those most recent AppState rezoning requests. They did approve one, the rezoning of the old Legends nightclub site. That rezoning to "U" makes some sense, especially if you thought the Legends site would make a logical and appropriate spot for a new university dorm. But, kiddies, Sheri Everts ain't interested in any more stinkin' dorms.
Just incidentally, all five of those sitting Council seats are up for election next month -- all five. The stakes couldn't be higher, the temptations more biting, to try to take over that Council and change BooneTown's look even more forever.
Friday, October 01, 2021
New Sheriff in BooneTown?
A new Political Action Committee (PAC) -- calling itself "Appalachian PAC" -- has decided to get involved in the Boone Town Council races this year with endorsements (unclear at the moment whether they also intend to give direct money donations to individual candidates, but they're raising money). Their under-developed website brags that they're "non-partisan," but the evidence so far suggests something more complicated. With Bill Aceto and Stacy C. Eggers IV ("Four") as donors and guiding lights, "non-partisan" isn't the first thing that comes to mind.
"Oh, look, there's Luke Eggers too!" Photos taken at the PAC's "launch" party and posted to their Facebook page show a careful, mixed guest list, with Democrats and Republicans (for example, both Eggers and Tommy Sofield, who ran with the Republican team for Watauga County Commish in 2020) and independents -- some of whom might have more of an investment connection than a shared political ideology. The "launch" party was clearly weighted toward real estate brokers and business developers.
I have questions about their goals, let alone their intentions. The website is short on policy statements, long on generalities that raise more questions than they answer: "Our goal is to elect pro-business and pro-university candidates in local and statewide elections." The banner across the top of their Homepage:
UNIVERSITY • BUSINESS • COMMUNITY
The repeated emphasis on university, an odd leg on this three-legged stool -- that just stops me cold. AppState needs political help? Well, yes, in their view, which actually answers another question: How does the university need/use real estate developers? AppState and its 20,000 students are always needing habitation, and increasingly the university administration looks to the local rental market to supply a lot of their needs. Dormitories are expensive to build, expensive to maintain. And why go to that expense when there are plenty of developers ready to supply another kind of dormitory space -- stuff that advertises 4 bdrm/4 bath -- at no expense to the university but $700 a pop from the students who rent those units.
Some guys correctly identified the university as a cash cow many years ago.
I'm apprehensive if those same guys intend to make the laws of Boone more conducive to their goals.
Thursday, April 01, 2021
Boonies Cry "O Hell No!" About HB291 and SB349
House Bill 291, vaguely and innocuously titled "Bldg. Plan Approval - Certain Commercial Prop.," and Senate Bill 349, cheerily titled "Increase Housing Opportunities," are both Trojan horses and pieces of developer crapola now pending in the NC General Assembly. Last night the Boone Town Council held a bellwether emergency meeting over its provisions and over the threat it promises for every municipality in North Carolina to chart its own planning course. The Boone Town Council voted unanimously for the resolution pasted below. The unanimous vote is notable for a fractious council that has had trouble finding much common ground over the past two years.
RESOLUTION
WHEREAS, recognizing the importance of zoning to the peace and prosperity of North Carolina’s municipalities, for generations the State of North Carolina has allowed municipalities to regulate local development; and
WHEREAS, municipalities in the State of North Carolina have their own unique characteristics and challenges so that “one size” does not “fit all,” and statewide zoning mandates thus may have unintended negative consequences for the residents of the State; and
WHEREAS, unfunded mandates by the State, particularly during a time when local revenues are under pressure due to Covid-19 and other factors affecting local economies, will force communities such as Boone to either increase property taxes or decrease services critical to the their residents, such as street maintenance or fire and police protection; and
WHEREAS, HB 291 is pending in the North Carolina General Assembly and would force municipalities to complete an “initial plan review” of commercial development plans initially sealed by a “design professional,” without regard to their complexity, deficiencies, or impacts of human health and safety, within 15 days, and issue permits within 30 days of the application for development unless additional information is requested within the first 15 days; and
WHEREAS, HB 291 provides that if within the initial 15 day period, if additional information is requested by the town, permits must be granted within 15 days of the submission of additional information or the developer may retain a “third party firm” to review its plans at the expense of the municipality and must issue “all necessary permits” for the development within 72 hours of approval by that third party; and
WHEREAS, in order to comply with HB 291, the Town of Boone would have to greatly expand its planning department, which would force an increase in property taxes or a decrease in other services; and
WHEREAS, HB 291 unfairly puts the burden on taxpayers to pay for the private development permitting by commercial developers; and
WHEREAS, HB 291 essentially redirects long-extant governmental functions now performed by local governments to protect the public and to allow for the orderly growth of communities through zoning, to private and unspecified engineering or architectural firms who may have conflicts of interest, with no recourse for decisions which may violate local zoning ordinances; and
WHEREAS, property owners in the Town of Boone often purchased their properties at premium prices in order to have the benefits and protections of local zoning ordinances which protected their investments from incompatible and unsafe development; and
WHEREAS, commercial developers within the Town of Boone, often with no prior connection with the town, but because of the attraction of the large student housing market, have sought to build commercial developments which were substandard and non-compliant with
building and zoning standards, and which would have caused great harm to the quality of life for residents of adjacent and nearby neighborhoods; and
WHEREAS, SB 349, too, is now pending in the North Carolina General Assembly, and would force municipalities to allow duplexes, triplexes, quadplexes and townhouses into all residential zones, including all low-density zoning districts, for the stated purpose of expanding housing opportunities in towns; and
WHEREAS, SB 349 exempts residential areas in which private restrictive covenants apply, thus differentiating between sub-divisions such as gated communities and the neighborhoods without such protections, in essence protecting the wealthy by exposing middle and low income residents to incompatible development dictated by state government; and
WHEREAS, although SB 349 has reportedly been endorsed by “affordable housing” proponents as a way to increase supply and decrease costs, in actuality there is nothing in the bill which actually controls costs; and
WHEREAS, the practice by multi-family developers in the Town of Boone is to rent housing units by the bedroom at prices usually far in excess of the mortgage cost of a single family home; and
WHEREAS, when low density neighborhoods in Boone have been made available for higher density housing, existing single family homes have often been demolished to allow more intense types of housing, destroying the character of Boone which has made it attractive, but also with the unintended result that rental prices have actually increased as low density housing disappears; and
WHEREAS, SB 349 likewise mandates the allowance of “one accessory dwelling,” which can consist of a duplex, on each lot on which there is a single family residence, circumventing all usual approval processes such as conditional district zoning, and trumping all local parking requirements and utility approval protocols without regard to the impacts of a potential tripling of density; and
WHEREAS, SB 349 has the potential to fundamentally change most neighborhoods in Boone and accelerate the disruption of the lives of its permanent citizens, as out-of-town investors and AirBnB operators continue to buy up low density housing stock; and
WHEREAS, SB 349 allows deficient applications to nevertheless vest development rights, undermining the ability of local jurisdictions to react to changes within their communities; and
WHEREAS, SB 349, by using terms which are undefined and vague, makes expensive future litigation likely to create certainty around the meaning of its terms; and
WHEREAS, SB 349 shifts financial responsibility for a developers attorney’s fees onto the municipality whether or not the town’s decisions have been made in good faith in a manner seeking to protect the common good; and
WHEREAS, SB 349 prohibits a municipality from even examining a traffic impact analysis which has satisfied the North Carolina Department of Transportation, whether or not the municipality believes that the traffic generated by the project poses a danger to public safety and the ratification by the Department is prudent; and
WHEREAS, SB 349, under the guise of creating affordable housing, is actually a usurpation of local zoning authority and if passed, will undermine the long-term stability of the Town of Boone for its permanent residents, betraying the promises of zoning which residents have relied upon in making their most important financial investments, the purchase of their homes;
NOW THEREFORE BE IT RESOLVED, that the Town Council of the Town of Boone, North Carolina, respectfully requests:
1 That the General Assembly not adopt either HB 291 and SB 349;
That, if passed, the Governor, the Honorable Roy Cooper, veto these measures;
That the town manager employ the town’s lobbyists to work to prevent the passage of these bills;
That a copy of this resolution be sent to our elected State representatives and the Governor;
That the town manager take whatever additional steps he deems prudent in seeking to prevent the adoption of these bills; and
That the town manager promptly issue a press release warning the citizens of Boone about these disastrous bills.
Adopted this
day of
, 2021.
Rennie Brantz, Mayor
Attested to:
Nicole Harmon, Town Clerk
Clerk, Town of Boone, North Carolina
Sunday, December 03, 2017
Lame-Duck Boone Town Council Poised To Do the Wrong Thing
Tuesday, November 15, 2016
The Hampton/Maymead Asphalt Case Reaches Superior Court
Saturday, June 25, 2016
Rep. Jonathan Jordan: More Radical Meddling in Local Governments
What's Jordan done? Introduced a bill (which has already passed the NC House) that will remove local municipalities from the approval process of big building projects. Jordan sez he wants to "level the playing field," which is Republican-speak for "unleash big developers from zoning restraints."
Boone, you awake?
According to the Watauga Democrat, "Under the bill, developers can surpass boards of adjustments and choose that appeals of zoning and building decisions be heard by Superior Court or business court if they assert that an ordinance violates federal or state constitutional law, is preemptive or presents excessive authority, violates common law or statutory vested rights or constitutes a taking of property."
If they assert. Merely.
That language would force towns like Boone to defend development regs constantly in court, purely on the basis of an assertion by Mr. Big Businessman that his rights have been violated. Republicans of Jordan's particular stripe always believe that any limits, or hoops-to-jump-through, or hindrances to their plans, are insufferable violations of personal rights, so a lawyer of Jordan's stripe ought to get plenty of business from this law.
Jordan actually introduced H483, "Land Use Regulatory Changes," in April of 2015, and it passed the House that same month with little debate. It's moving through the NC Senate now. According to the League of Municipalities, the major harms in the bill are not insignificant, particularly the usurpation of local control:
Increased litigation and litigation costs would result from the bill because it allows individuals to skip a Board of Adjustment appeal and take cases directly to Superior Court for a new and full review; protections for neighboring property owners would be weakened by a number of provisions, including by eliminating an existing legal rule that discourages continuing development during an appeal; several changes to existing performance guarantee rules could leave local taxpayers to foot the bill if infrastructure fails, and leave purchasers in the development damaged should that occur.Big Brother has a Big Belly for meddling and for seizing local power.
Tuesday, April 26, 2016
The Toxic Legacy of Commissioners Miller, Hodges, Yates, and Blust
[Above: the accounting of what's been paid to Eggers x 4 in the matter of the Boone ETJ lawsuit intervention]
Priorities? Yeah, both the Maymead decision and the ETJ lawsuit intervention reveal very clear priorities. If Boone loses its ETJ, there goes any zoning restrictions that would keep an asphalt plant, a cement facility, a race track from imposing their charms on a Boone ETJ residential neighborhood.
That's where commissioners Hodges, Yates, and Blust stand.
To be fair, the decision to intervene in the Boone ETJ lawsuit was initiated by then Commission Chair Nathan Miller (who's also represented both the fairgrounds race track and the cement plant in their efforts to subvert Boone's land-use regs). Both Yates and Blust went along with Miller. They share the blame. They must also now share the fall-out.
Thursday, April 21, 2016
Boone Town Council Does Not Approve High-Rise Student Housing in Downtown But Also Does Not Reject It
At their regular monthly meeting this evening, the Boone Town Council didn't have much good to say about the proposed Rivers Walk development at the corner of Rivers Street and Water Street. Too huge. Too "rent-by-the-bedroom" and aimed at students. Too out of character with the rest of downtown Boone. Too little parking. Too big a building, which will run for over 700 linear feet next to two-lane Poplar Grove Rd. and tower over it, creating a kind of experiential "tunnel."
Yet, on the motion of Councilwoman Loretta Clawson, seconded by Mayor Pro Tem Lynne Mason, to reject the proposal, only Clawson voted in the affirmative. Even Lynne Mason would not vote for the motion she seconded.
Then what? It's frankly unclear, but the bottom-line is that the Council majority couldn't bring itself to say no. There'll be more meetings between the developers, their lawyer Jim Deal, and the Council, or between the developers, their lawyer Jim Deal, the Council, and the Planning Commission (which last week voted in favor of the project with provisions that town attorney Allison Meade said this evening were unenforceable).
Negotiation with the developer, we guess. Interesting concept in this context ... negotiation. Especially considering that the out-of-town owner of that property shouted out in the meeting, when it was clear he wasn't going to get an affirmative vote, "We're trying to negotiate with you, but you don't know how to negotiate!"
I'd have to agree with that assessment.
Thursday, April 07, 2016
Does Boone Have "Character" and Is This Compatible With It?
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| Proposed "Marketplace" development at King & Water streets |
But it's also a large parking deck wrapped (and disguised) as an apartment building.
Boone needs downtown parking, and this large building will offer 333 parking places. So there's that. It will be commercial, for-profit parking, but what would we expect when the town of Boone cannot build its own parking deck?
The developers have limited the apartments to 100 1-bedroom, 31 2-bedroom, and six 3-bedroom units. No 4-bedroom units, which is what most new student housing in Boone has offered for lease. So there's that too. The housing concept would seem to appeal more to older, quieter students. However, every apartment has an open balcony, which might give neighbors up the hill pause in contemplating a summer "party night" at The Marketplace.
That the developers are open about marketing to Appalachian State University undergraduates is a likely downside for downtown Boone, as is the out-of-all-proportion size of this proposed development. Is it to be a high-rise dormitory smack in the middle of town? Or a genuine shopping destination with restaurants and shops on the ground floor with convenient parking?
This development, like "Rivers Walk" two blocks away at the corner of Water and Poplar Grove Rd., is on a whole new permitting track, a "planned development," established by the Boone Town Council. The process puts much more power in the hands of the developers and cuts out the Board of Adjustment altogether, which means it cuts out the public's ability to present substantial, material, and relevant evidence in opposition.
The "community meeting" held Tuesday evening, when the developers laid out their plans and heard comments from the public, is now mandated for the planned development process, but the developers are not obliged to follow any of the objections or suggestions they heard. The final up-or-down approval for a planned development falls to the Town Council, which has been extremely compliant recently and enamored of high-rise, rent-by-the-bedroom developments. (We're waiting to see how the Council votes on "Rivers Walk" on March 21.)
Members of the community had numerous criticisms and suggestions on Tuesday night. Among the most substantive were those offered by Eric Plaag, chair of the Boone Historic Preservation Commission, who worried that the building as pictured was simply an out-of-character massive intrusion and would dwarf the historic Watauga Democrat building next door and the Wilcox Emporium on the back street. (Unfortunately, Plaag's comments were left out of the High Country Press coverage but was touched on by the Watauga Democrat.)
So much now depends on if and how the developers ask their architect to redesign the exterior to lessen the impression that a large toad has moved onto a very small lily pad.
NOTE
The title above alludes to something attorney Jim Deal, who represents the developers, said at the beginning of the community meeting. Mr. Deal asked, rhetorically, if Boone has a definable "character," indicating, I thought, that he very much doubted that it did and was therefore not at all concerned that The Marketplace might be out of keeping with it.
Tuesday, April 05, 2016
More High-Density Rent-by-the-Bedroom Housing in Downtown Boone?
The high-rise would exceed Boone's height limit for downtown properties of 35 feet by about 16 feet, contain 380 bedrooms, and a parking deck with a swimming pool on top. The developer promised to rent bedrooms at the top end of the market, and lease those rooms almost exclusively to Appalachian State University students.
"Rent-by-the-bedroom, yes, that's what it is," admitted the prime developer during his presentation of the project to the Council and Planning Commission.
The required "commercial space," primarily on the first floor, said the developer, would rent in the mid $20-per-square-foot range. The developer envisions at least one 2,500 sq. ft. restaurant and several other "personal service" establishments.
But parking? The parking deck and another small surface lot would accommodate 164 spaces for those 380 bedrooms. Designated parking for the commercial space would be minuscule (if available at all in reality, given the fierce competition among the projected residents).
Like "The Standard," now going up on Blowing Rock Road, the high-rise would be built almost from the street-side, with practically no setbacks (though there would be a sidewalk, to get all those commercial customers from the parking deck, further up Poplar Grove Rd., to their destination).
Two people spoke against the development. One person -- the out-of-town owner of the property -- spoke for it. The Planning Commission will reach a recommendation on the project next Monday evening, which they will forward to the Town Council for a vote on Thursday the 21st.









