Showing posts with label zoning. Show all posts
Showing posts with label zoning. Show all posts

Wednesday, May 28, 2025

Invisible Hands Make Evil Magic

 

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.

According to Jack Evans in the Asheville Watchdog, the exemption provision first applied uniquely only to UNC-A; Watauga got added mysteriously as "part of a package" when the bill went through amendments in the House Appropriations Committee.

There's currently a controversy going on in Buncombe over UNC-A's administration's announcement earlier this year that it will seek to tear down a wooded area on campus in pursuit of an as-yet-unannounced project, which triggered a movement among Asheville voters to quash the development via zoning laws. Oops. This secret budget provision takes care of that -- by rendering public opinion, let alone local development ordinances, of no consequence whatsoever.

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;

  1. That, if passed, the Governor, the Honorable Roy Cooper, veto these measures;

  2. That the town manager employ the town’s lobbyists to work to prevent the passage of these bills;

  3. That a copy of this resolution be sent to our elected State representatives and the Governor;

  4. That the town manager take whatever additional steps he deems prudent in seeking to prevent the adoption of these bills; and

  5. That the town manager promptly issue a press release warning the citizens of Boone about these disastrous bills.

    Adopted this page3image13256day of page3image13520, 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

During its last hour in office on December 21st, the current Boone Town Council (including all the members who were just kicked out of office on November 7th) is set to vote on a major give-away to Appalachian State University.

The proposed text amendment to the Unified Development Ordinance will allow ASU to rent any and all space (offices, storage, etc.) in the M1 (Manufacturing), B3 (General Business), and O/I (Office/Institutional) districts of the town. B3 is of particular concern because it includes so many existing buildings on all the main corridors.

This text amendment would allow the university to move in for long-term use (up to seven years with the possibility of further open-ended extensions -- see below), putting university functions including possibly classes all over the business districts without requiring the university to go through the normal procedures required for such consequential changes in use.

ASU is reportedly going to need a lot of space, like in a whole lot and more, because the Old Lowe's Building must be vacated and other demolitions and renovations are going to throw many faculty, staff, and whole programs with their required classes out into the town of Boone. The only use excluded for ASU in the B3, M1, and O/I districts will be residential.

This major adjustment to the town's already capacious accommodation to ASU has been moving quietly along the path to passage, with a Public Hearing last week that not many citizens knew about, though renters of empty property did know about it. During that public hearing one property owner stood up and said it's a fact that ASU already owns Boone, so why don't we just go ahead and make it official with this text amendment?

What Is Especially Pernicious About This Planned Vote

Under normal procedures, this text amendment would be voted up or down by the newly elected Boone Town Council, which will be sworn in at 5:30 on December 21 (barring Nathan Miller and Anne Marie Yates's ridiculous attempt to overthrow the election). But the current council -- Lynne Mason, Jeannine Underdown Collins, Charlotte Mizelle, Quint David -- with Loretta Clawson vigorously opposing the text amendment -- scheduled a "Special" session at 4:30 on December 21st, an hour before they're officially off the job. They clearly intend to vote this text amendment through while they still can.

Their rush to pass this before the new Council takes office speaks loudly, and the message is not flattering to the old Council.

What the University Wants, the University Gets

The very generous "planners" on the Boone Planning Staff wrote it into the text amendment that the university could have the rentals for three years with a one-time renewal for three more years, for a total of six years.

But the university wants more and has requested "through counsel" that the initial term be for five years with a two-year extension, and wanted this language added to prepare for going beyond those seven years: "An additional extension may be granted upon a showing of unanticipated and extraordinary circumstances" -- and there's no end to that "additional extension."

How does a university take over a town? With the willing collusion of a town council.


Tuesday, November 15, 2016

The Hampton/Maymead Asphalt Case Reaches Superior Court

Judge John O. Craig III of High Point heard what's become known as "the Maymead case" all day Monday and part of the morning today. At the adjourning of court, the judge said it was a "fascinating" case, well presented and well argued, and he planned to have a decision by the end of the week. Or possibly next week.

Judge Craig has handled some high-profile cases and is well respected. He struck me as attentive, smart, skeptical, and fair. He announced up front on Monday that he knew nothing about the case and had never before handled an appeal of a quasi-judicial board's decision. That was a signal for the lawyers to pitch in and educate the judge. (Verily, I was edified too. )

How will Judge Craig rule? Dunno and won't guess.

The Maymead case has amassed a file of over 5,000 pages. That's mainly the record of the 60 hours of testimony in front of the Watauga Board of Adjustment (BOA), which overturned County Planning Director Joe Furman's revocation of an asphalt permit claimed by Maymead Materials of Mountain City, Tenn. It's a complicated case with a multitude of moving parts.

One of the prime issues of law: Whether the Watauga BOA erred in assuming that "Johnny Hampton" and "JW Hampton Co." were legally the same entity. Johnny Hampton as an individual applied for and got the asphalt permit. JW Hampton Co. now claims ownership, which they also now claim to have sold to Maymead.

The JW Hampton Co. first leased and then sold some acerage to Maymead. In none of those conveyances is an asphalt permit mentioned as part of the lease or as part of a bill of sale. Maymead's lawyer argued that the company wouldn't have paid $1,600,000 for the property without the permit (and poo, said Maymead's lawyer, on the "gotcha technicality" of no explicit, written transference of ownership of the permit).

Johnny Hampton is the minority owner of JW Hampton Co. His daughter owns 51% of the stock and is the CFO. The JW Hampton Co. is a excavation and grading contractor, the biggest in Watauga County. The plaintiffs in this case ("petitioners") -- trying to stop the Maymead Asphalt plant -- maintain that the Hampton Company and Maymead cannot qualify for "vested rights," which the BOE found to be the case, no matter how much they've spent, because neither ever legally owned the permit.

The plaintiffs contend that Maymead and JW Hampton Co. are therefore "third parties," insofar as "third parties" can not earn vested rights. Vested rights are based on a substantial expenditure of money by the owner of the permit prior to any revocation. Jamie Whitlock of Asheville, the attorney for the plaintiffs, said he could find no case in North Carolina of vested rights accruing to a third party, nor did opposing counsel for Maymead produce one.

Mr. Whitlock also argued that the expenditures Maymead and JW Hampton Co. claimed as accruing toward vested rights were almost entirely for the crushing and recycling business as well as the grading business of JW Hampton Co., not progress toward building an asphalt plant, which Mr. Hampton, by his own admission, had abandoned until Maymead came along in mid-2014.  And since Maymead only leased the correct land in May of 2015, a month before the permit revocation, they had no time to (and did not)  accomplish any vesting.

Plaintiffs also contend that the BOA erred in another "finding of fact" -- that there had been substantial progress made on the building of the asphalt plant  -- in the form of a major expenditure of money -- four years after the issuance of the permit by Joe Furman. Judge Craig questioned the county's right to abruptly revoke the permit, in light of the failure of the Watauga County High Impact Land Use ordinance (HILU) to specify a process for revocation, a time-line to establish "lack of progress," and the grounds for revocation. Stacy C. Eggers IV ("Four") argued persuasively that the Hampton standard of performance -- no appreciable, visible progress toward an asphalt plant after four years -- was valid grounds for revoking the permit. In fact, at the time of the revocation, Maymead had not shown that it had actually leased the land for which the proposed site plan for an asphalt plant had been submitted.

The HILU asphalt permit was granted to Johnny Hampton on June 20, 2011. In June 2015, Watauga County development officer Joe Furman revoked the permit -- "given the evidence that he had available at the time" -- because of no appreciable progress toward an asphalt plant. Some dirt had been moved (5% - 7% of what would have to be moved for the plant to operate, according to expert testimony given before the BOA). According to lawyer Eggers, Mr. Furman had every right to revoke the permit.

Jamie Whitlock for the plaintiffs referred to "the fictions" of Johnny Hampton that the Watauga BOA had relied on to rule in his favor -- a "narrative" constructed to explain away secret dealings done to avoid public scrutiny. The lawyer for Maymead, Mr. Tim Terrell of Greensboro, countered that the revocation of the permit had been the result of political pressure. Mr. Terrell wanted the judge to believe that a different standard of doing business prevailed in Watauga, where things aren't necessarily spelled out in writing (like the conveyance of an asphalt permit). Johnny Hampton did business on a handshake. (I believe Mr. Terrell was saying that mountain people aren't too observant of legal niceties and have "no filter" when "just talking," like when giving testimony to the BOA. The "benefit of the doubt" would therefore need to be paid, Mr. Terrell argued.)


Lawyer Terrell for Maymead repeatedly returned to this as his bedrock: the Watauga BOA, after 60 hours of extreme attentiveness, heard all the testimony and the same arguments that Judge Craig is hearing now and still voted that Mr. Furman had no right to revoke the permit. That struck me as a thin reed for heavy logic to lean on, since this whole trial is about the BOA's alleged "irrational" findings of fact in the case. Just because the BOE bought Maymead's argument doesn't prove anything.

Saturday, June 25, 2016

Rep. Jonathan Jordan: More Radical Meddling in Local Governments

You know something's up when "Blogger" over at Watauga Conservative sez NC House Rep. Jonathan Jordan is in bed with the wrong people.

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

While Watauga County Commissioners Jimmy Hodges, Perry Yates, and David Blust were turning a deaf ear to the pleas of citizens to appeal the Maymead asphalt decision to Superior Court -- because it would cost too much -- they were paying out to Eggers Eggers Eggers & Eggers over $47,000 to intervene in the Boone ETJ lawsuit.

















[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

Go figure.

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?

Proposed "Marketplace" development at King & Water streets
This proposed new development is a big toad on a little lily pad.

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?

Last night, the combined Boone Town Council and the Boone Area Planning Commission held a special public hearing about the proposed development at the corner of Water Street and Poplar Grove Road, "Rivers Walk," on the site of the former Southern States feed 'n' seed store.

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.

Thursday, January 28, 2016

Town of Boone Googles 'Parking'

Background
The exchange of email copied below came on the heels of last week's Boone Town Council meeting inwhich another new development with inadequate parking for the requiredcommercial space was approved across from the Appalachian State University Convocation Center.

Leading up to the Council's 4-1 vote to approve that development, Planning Director Bill Bailey cited "studies" that claimed that modern university students were trending away from car ownership and/or driver's licenses. In what I posted toWataugaWatch about that meeting, I questioned the source of that information and doubted its bearing on the situation in Boone.

1.

To: Bill Bailey, Director, Boone Planning and Inspections Dept.
John Ward, Boone Town Manager

From: Pam Williamson

1/21/2016 6:49 PM

Hi, Bill and John.

I have been watching your live feed of tonight's [Boone Town Council] meeting. Bill says he has some research and has had some discussions with other college towns that demonstrate that 30% of students no longer have cars that need to be considered in development parking needs. 

Could you please send me copies of notes, links to the research, and/or any other materials associated with that contention?

Thanks so much,

-- Pam Williamson

2.

To: Pam Williamson

From: Bill Bailey

1/26/2016 9:29 AM

Ms. Williamson, below are some articles (of the dozens I found) that support the statements I made during the Council deliberations.  As for conversations I had with universities, they were just that -- conversations. I did not take notes so there are none to forward to you in response to this request. As you will see from these articles, I took a very conservative approach when I stated the 30% number.

Below are some of the articles I found to support (or refute) what colleges were telling me about parking:






And this last article which I find interesting in that it speaks to the college age persons and we are talking about student housing...

For more articles, you may want to try Google or Yahoo search engines.

3.

To: Pam Williamson, Bill Bailey

From: John Ward, Boone Town Manager

1/26/2016 10:08 a.m.

Bill and Pam,

I thought you might also find these articles interesting. They both caught my attention during the last two days after parking was both discussed at the BOA and the Town Council Meeting.



Sincerely,


John A. Ward III

4.

To: Bill Bailey, John Ward

From: Pam Williamson

1/27/2016 12:57 a.m.

John and Bill, thank you both very much for your Google links.

I have read what you sent and done more research on my own. Turns out there is much debate about your thesis that Millennials are buying fewer cars and don't have drivers' licenses. Most of the links you provided simply rehash a single study which has subsequently been challenged by yet another study and then that study challenged by another study and so on.

The primary article you reference suggests that millennials are buying fewer new cars. Turns out instead they are buying used cars because they are broke. Another article challenging one of the challenges to the primary report you referenced says millennials actually have fewer cars in their own names, again because they are broke. Instead, their parents are buying the cars for Millennials, keeping the titles in their names, but the Millennials are driving them.

As one of the articles warns, "don’t be making claims that can be disproved with a pocket calculator.” Speaking of calculators, even if we assume you are right (which I don't) and 30% of students at ASU won't or don't have cars, what do you intend to do about the 14,000 who your "calculations" clearly show will have to park somewhere? I assume you either have a plan for that the rest of us just don't know about yet, or you have decided to ignore that figure because a Google search tells you Seattle can handle it.

As for driver's licenses, I have some data to offer you that is far more applicable than the disputed national data you apparently are using to try to "imagine" what the parking needs might be for any given project in Boone. Last Summer, we made over 2,000 phone calls to ASU students to determine whether they had NC drivers' licenses that could be counted as valid IDs at the polls. Of the 2,246 we called, six did not have NC Drivers' licenses, and four of those six had a driver's license from another state. I would respectfully submit that this statistical fact beats any of your Google searches as to what pertains to Boone. I'd like to point out that is a valid and actual statistical sample pertinent specifically to Boone that shows just .09% of ASU students don't have a driver's license.

While I realize the need for and certainly support more walking/biking accessibility, it's disheartening to know that Boone's Planning and Inspections Department hangs on abstract national studies from metropolitan cities to justify the parking inadequacy of recent project proposals in our small mountain town.

Maybe that's why we are in such a mess. The traffic is worse than ever, and the town looks worse than it has since I moved here 33 years ago. Yet your Department, your attorney, and Council have the ability, but obviously not the will or desire, to get your hats on straight and do something about it before you completely ruin the place for good.

For a start, I encourage you to come up with some reasonable and sane method of determining what parking needs are adequate for specific developments in Boone before it's too late. While Google searches of national trends is certainly enlightening for overall planning purposes, your reliance on them to discern the parking adequacy for a proposed development in Boone is frankly pretty embarrassing.

 -- Pam Williamson

5.

To: Pam Williamson

From: John Ward

1/27/2016 10:04 a.m.

Pam,

Thanks for the info. In the next few weeks we have a retreat to get guidance for the future from the current Town Council. Parking is on the agenda. Currently, Bill and his staff and the Board of Adjustment are implementing what is in current code. If the expectation changes then Bill will be charged with making those changes for Town Council to approve and then implementing the changes.


Sincerely,


John A. Ward III
Town Manager
Town of Boone