THE
ASHEVILLE BOARD OF REALTORS
AND
THE
ASHEVILLE HOME BUILDERS ASSOCIATION
PRESENT
THE
MOUNTAIN COUNCIL FOR ACCOUNTABLE DEVELOPMENT
LEGISLATIVE AGENDA

PRESENTED TO:
BUNCOMBE COUNTY COMMISSIONERS
and
ASHEVILLE CITY COUNCIL

ORDINANCES

Establish an open dialogue which allows MCAD (Mountain Council for Accountable Development) to have direct dialogue with the elected officials and with the planning and zoning commission and their staff personnel on all development issues, including but not limited to: Erosion control, Steep slope, Flood issues, Traffic issues, View sheds, Transfer tax, Impact fees, etc. We encourage the county commissioners and city council to utilize our experience and expertise in real estate and development, and to allow our direct participation in all development ordinances being considered.

In establishing an advisory board of development professionals (Board of Professional Advisors) with solid track records in environmentally sensitive development, we provide expert advice based on facts and science. This advisory board is made up of homebuilders, developers, engineers, architects, landscape architects, geologists, experienced contractors from this area, soil scientist, environmental engineers, planners and licensed surveyors specializing in land development. The role of this board is 1) Offer advice and recommendations to P&Z and the Commissioners on proposed development ordinances.2) Review all existing development ordinances to evaluate their effectiveness, and contribution toward safe, affordable, and environmentally sensitive development.

These specialists and experts would play a key role in developing legislation that is aimed at achieving our ultimate goal of accountable and sustainable development.It is evident that planning staff, the County Commissioners, and City Council will benefit by this level of expertise in the process of reviewing existing ordinances and formulating new ordinances.

WATER AND SEWER ISSUES

We request that the county and the cities position on the issues surrounding the water agreement be clarified.We would like a concise summation of their individual positions on how the water and sewer infrastructures will be maintained and financed. Most importantly, what if any tax methods or differential rates will be proposed or are being contemplated?

MCAD's position is that the costs of water usage should be borne by the consumer, not the public at large. Additionally, money earmarked for water and sewer should be used only for these purposes..

DEVELOPMENT

Many of our current ordinances are not designed to be respectful of the environment, and are counter-productive to that purpose. In most cases, ordinances are designed by planners using flat-land models that are not appropriate for these mountains and our completely unique terrain features. Current ordinances are not a realistic representation of our surprisingly common goals and objectives, and are clearly not working to protect our environment or enhance our quality of life.Our Professional Advisors-- as a committee of experts-- can change the "one size fits all approach" to our ordinances and, in the process, find better solutions that successfully address the challenges of careful, responsible mountain development.

We recommend a Conservation Development Ordinance be created that offers incentives to developers that do the right thing, as opposed to the current model of requiring a variance for any common sense actions that do not meet the strict letter of the law in the "one size fits all" approach currently employed.A conservation based development ordinance that offers incentives to developers for environmentally sensitive design -- including density rewards for avoiding development of steep slopes, utilization of one lane loop roads with pullouts on steeper terrain when feasible, and expanding the number of homes that can be serviced by private driveways as long as public safety is not compromised. We also recommend reasonable limits on the amount of area which can be disturbed (graded) in a development, in order to avoid speculative grading and the erosion issues that inevitably ensue when it is utilized. We are all in agreement that the type of development exemplified by leveling mountains to increase density should not be allowed.

MCAD believes that the multi-family ordinance is having a negative and serious impact on development in the county. The ordinance severely limits density above 2500 and 3000 feet elevations, to one residence per two acres and one residence per four acres respectively. Since density is tied to elevation only, and not to topographical grade, the most usable land above 2500 feet is effectively not economically feasible to develop. As such, this ordinance as it stands encourages development on steeper terrain that is the least suitable for multifamily development, and maximizes negative environmental impact.

By preventing development on land best suited for development, it is effectively a quasi-moratorium on multi-family development.It dramatically increases the housing cost for those least able to afford it, encourages sprawl, and will ultimately lead to serious economic problems and probable legal action against the county. If affordable housing and low environmental impact is a goal, this ordinance as it stands is working at odds with that goal.

MCAD respectfully requests that this ordinance be revisited in its entirety and request that the commissioners and the staff accept input from MCAD and the council of Professional Advisors to review and propose changes to the current ordinance as written.

I-26 CORRIDOR/CONNECTOR

We would like to request the current opinion of the county commissioners as to which DOT proposal is preferable. Conversely, have the commissioners reviewed the proposal by Joe Minicozzzi of the Asheville Design Center?MCAD's position is to support the proposal that offers the least expensive, least intrusive way to accomplish the goal. We believe the Design Centers proposal, at this time, is the best alternative. We would request that the Commissioners and City Council make a public statement directly, in letter form, to the NCDOT and the media with regard to their opinion and recommendations.

ENVIRONMENT

MCAD will strongly support the use of sound science and verifiable facts to create new ordinances that protect the environment.MCAD will oppose any new ordinances that are not based on sound science and verifiable facts, even if the ordinances are being made in the name of the ENVIRONMENT. In the past, people who are opposed to any form of growth have used an unsubstantiated environmental platform to oppose new growth, which consequently places unnecessary and costly burdens on the general public. The time has come to vigorously discuss existing and proposed ordinances that will, in fact, support sound development with real consideration for the environment. Anything less than an open, objective discussion based on facts threatens the financial health and vigor of our community. MCAD supports all stakeholders being a part of decision making process, who seek to plan a positive future for our area by promoting thoughtful, sustainable development that does not harm the beauty of our area and supports sustainable ways of living.

WORKFORCE HOUSING 
VS.
HOUSING AFFORDABILITY

There is no doubt that affordable workforce housing is very difficult, if not impossible to achieve in the current Asheville environment... Based on Asheville's desirability and the housing demand created by this desirability, coupled with the added cost of protective laws and, in some cases, overly protective processes driven by the views of an anti-development minority, we have created a problem. The gap between home ownership and the wage requirements to purchase in Buncombe County is greater than ever and growing wider. WNC is now the most expensive place in the state to purchase a home, especially when you consider this gap. While a wage of $20.00 per hour can purchase a home in many parts of the state, it requires over $29.00 per hour in WNC. This is probably the single largest economic problem facing our area. There are few jobs that produce this kind of wage for a single income earner in our area.

Some might say that the Realtors and Home Builders don't care about this issue. Those people are not correct.Although the Realtors and Home builders benefit from a rising market, so do all homeowners! The goal is to attain more people that own homes. Therefore, it is in the best interest of local government to provide incentives and tax benefits to developers of affordable housing. . This should include subsidies on extending water and sewer to locations best suited for higher density development, supporting existing organizations such as Habitat for Humanity, and allowing density bonuses for affordable housing communities in order to bring down the land cost per building unit. .

JOBS INITIATIVE

Working with AB-Tech, establish a GREEN building working museum that doubles as a working office complex. Show both the general public, as well as builders and developers, how to build utilizing renewable energy technology and sustainable green methods. It can also double as a continuing education incubator for advancements in these technologies

This facility may be appropriate to be located at the Enka campus, utilizing their ample space and their "incubator" commercial setting. The states energy office could possibly fund the project with assistance from other sources, including federal funds and AB-Tech. Since we have already determined that green building, renewable energies, and healthy lifestyles are a priority for our area, let this project be evidence of our commitment to these goals.

BUDGET

MCAD does not support any kind of "regressive tax" initiative. Moreover, we would fight ANY type of tax increase where the proposed tax is not specifically earmarked for a specific purpose. If our support is sought after, we expect inclusion in the decision making process.

We do support increased efficiency in government and we know it's possible. We advocate for reduction in government size and scope.We will be vocal in areas that are seen as not in the best interest of our associations, such as the NC gas tax, being routinely raided for general expenditures that have nothing to do with our roads-- when this is the statutory purpose for the funds. Moreover, acts such as illegally raiding the clean water trust fund for the condemnation of private land for Dupont State Park, was a dereliction of duty, and was upheld by the courts as an improper use of this funding based on its statutory purpose...

We do not support a HOME TAX or TRANSFER TAX or IMPACT FEES as a method to raise revenues. We will fight these methods vigorously. If everyone benefits then everyone should pay.

GOVERNMENT CONSOLIDATION

Given the animosity between the city and county governments, we encourage the two governing bodies to, at the very least, consider the benefits of a metropolitan system of government. . The City of Asheville and Buncombe County need to work together for the good of Buncombe County citizens, by eliminating duplication in services and increasing efficiency wherever possible. We request that both bodies stop and consider what is best for all the citizens of Buncombe County-- including Asheville. Any ordinances that are in place that prevent consolidation should be dissolved. We are ready to support these changes at the state level and we believe we can help significantly in this arena.

At a minimum, the departments that make sense to consolidate soon would be:

Police

Fire

Health

Education

Parks and Recreation

In our various conversations with other concerned groups and the general public at large, we have found common ground in this area. We fully expect to issue to the County Commissioners and the City Council a joint resolution on this issue. We would not rule out a similar campaign modeled on "Let Asheville Vote" to demonstrate our solidarity on this and other issues.

DISASTER PLAN

We respectfully request the county fully disclose their disaster plan in relation to evacuation, protection, safety issues, and health services. It seems a shame that with all the funding for homeland security, the public has been kept largely in the dark on this issue.

WILLING PARTNERS

As local professionals in the real estate and building construction fields, we all know it is foolish to kill the goose that lays the golden egg. Our environment, the beauty of our mountains, the purity of our waters, and the quality of our life here are precious resources that must be respected and preserved. We offer our experience, expertise, and service in this venture, and request your support.

Respectfully,

Mountain Council for Accountable Development

Asheville Board of REALTORS