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FIGHTING CITY HALL TAKES TIME (AND MONEY)
BUT IT'S WORTH IT
By -- Joy Williams, resident of the Town Mountain Corridor; Founding Board Member,
Friends of Town Mountain, Inc; Secretary, Mountain Meadows Property Owners Association
It has taken a year and untold volunteer hours for our community organization to pressure the
Buncombe County Commissioners and its Planning Board to comply with its own regulations in dealing with building
on the area's valuable mountainsides.
Well, almost:
More than a year ago, in April of 2006, an out-of-state developer and an investment group requested approval for
a 149 lot steep slope, high-density housing development on 184 acres in a pristine cove between Town Mountain Road
and Wolf Cove Road in the Beaverdam Community. It later was named Bartram's Walk.
After being tabled by the County Planning Board, a revised plan for 121 homes on 176 acres was then brought forward.
It failed, however, to comply with a long list of the steep slope provisions required by then existing Buncombe
County and Beaverdam Community ordinances, such as for road grades, minimum lot sizes and geotechnical field studies
to determine the potential for slope instability.
Yet, on May 1, 2006, the Planning Board granted preliminary approval to the developer, without reservation and
without consideration of the density regulations for such a steep slope that rises more than 700 feet from Wolf
Cove.
Area residents were both concerned and outraged when the Planning Board refused to allow public comment during
its deliberations. The board chairman grew indignant when spectators attempted to point out that the application
was in noncompliance.
When County Commissioners were questioned as to what was happening, the answer was simply that the Planning Board
operated without Commissioner supervision or oversight.
Friends of Town Mountain quickly grew to a formal non-profit organization of over 450 members residing in the corridor
between Downtown Asheville and the Blue Ridge Parkway, adjacent to the planned development. Letters and email messages
flew into commissioners' offices in protest. Public attendance at both commissioners' meetings and the Planning
Board hearings became standing room only. Only then did Commission Chairman Nathan Ramsey personally observe Planning
Board meetings and began ordering changes. The Assistant County Manager and Attorney became regulars at the bi-monthly
sessions, offering suggestions and legal advice (which were often ignored) and Mr. Ramsey ordered limited time
for public input, well before the formal agenda items were heard.
Yet, Bartram's Walk marched on. It returned to the board with its out-of-compliance plans four more times and each
time was narrowly either tabled or denied. Finally, Monday, June 18th, after another lengthy debate the plan was
approved for only 74 home-sites on 156 acres. A board member offered his apologies to the developer that they must,
with the new public scrutiny, comply with regulations.
By this time, after more requests from the public, the Planning Board started allowing the public to comment just
before the Planning Board vote. The audience now had some 30 comfortable chairs from which to witness the proceedings.
Yet the crowd still was standing room only, spilling over into the waiting room.
Friends of Town Mountain President Joe Sechler acknowledged the progress his group has made during the past year
in forcing a "more considerate" approach to developing the Western North Carolina Mountainsides. During
the past year, he noted, there have been newly adopted limitations to the number of lots based on slope angle;
new storm water regulations that include protection of adjacent properties; development plans are now required
30 days in advance of hearing giving the Planning Staff more time for review and recommendations as to compliance…and
the planning board no longer operates in "secrecy."
Sechler also pointed out that FOTM would not have accomplished what it has had it not been for the active support
of other community groups and that the public in general is now better informed.
"But," added Sechler, "our mission isn't complete. The Bartram's Walk ruling is questionable as
to fully complying with several regulations. The density according to present regulations probably should have
been limited to only 68 lots. Enforcement during construction will likely be limited by staff levels and that is
a major problem to be addressed.
"It's sad that the lack of enforcement by public officials leaves citizens no option but to spend their own
money to enforce existing regulations," Sechler said. "Friends of Town Mountain spent tens of thousands
of dollars for Geotechnical specialist's reports, attorney fees and other expenses. Our taxes should have paid
for this protection
"Our next big project is to hold the Commissioners to their promise to replace board members whose appointment
term has long expired with a better balance of experience and interests and hopefully with greater concern for
the safety of the public and not just concern for the profit levels of the developers," Sechler explained.
"Otherwise, Buncombe County has some well thought out and significant regulations for mountainside developments
on its books, but they are worthless if not enforced, " Sechler concluded.
Contributing Editor -- Jerry Birdwell, Founding Board Member and Treasurer, FOTM, Inc.
Birdwell is a retired television executive whose credits include establishing the nation's first all-news local
television station (Oklahoma City) and has received many awards for civic involvement over the years in Los Angeles
and Miami and Asheville.
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