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Council postpones action on 162-home gated development
Tuesday, 20 February 2007 16:58
By DAVID FORBES

Citing concerns about traffic, stormwater runoff and how it would fit into the surrounding community, Asheville City Council voted 4-3 to postpone action ó indefinitely ó on a request for approval of plans for a controversial gated community in the Beaverdam area on Feb. 13.

The delay is intended to give the developers of the property, the estate of the late philanthropist Harold Thoms, time to return with a project that addresses councilís concerns.


The 162-home, 80-acre development has aroused significant opposition from members of the surrounding neighborhood, many of whom packed the chambers.

Explaining why he finally voted to delay action, after first voting to reject the plan outright, Councilman Brownie Newman said, ìThereís a lot of very positive features to this project. Iím concerned what will happen to the area if we donít work something out on this. But right now itís just a little too much for me to support. I think if it was scaled back, if it fit in better, the neighborhood might be able to accept it.î

However, Mayor Terry Bellamy, Vice Mayor Holly Jones and Councilman Bryan Freeborn disagreed, asserting that the concerns were too numerous and that the project should simply be rejected. The developer could come back with a different proposal later, they noted.


ìLooking at the location and the plan, I donít feel it meets our criteria,î Bellamy said.


ìLooking at the traffic on Beaverdam and the level of service weíd be going to, thatís also a problem,î Bellamy added. ìI think there are some bigger issues that must be addressed before anything else is built on that property.î


Councilman Bryan Freeborn sounded a similar note.


ìPublic facilities and access and high-end neighborhoods can co-exist ó they do all over Asheville,î Freeborn said. ìThis doesnít meet the sort of development I think is ideal.î


The vote to delay came after council originally declined the developersí proposal 5-2, with only Cape and Councilman Jan Davis supporting it.


Davis, while supporting the project, did note that ìthe issue of it being a gated community is a worry.î


Councilman Carl Mumpower also noted that he didnít particularly like gated communities, but warned against council ìvoting based on our personal preferences. We need to set a reliable expectation for developers. We cannot be capricious in our decision-making.î


However, worries then surfaced that if council denied the plan, the developer would proceed with subdivision-style homes. Such construction, provided it met the areaís zoning, would probably not be subject to councilís review.


ìI am concerned that weíll get another Kenilworth with this,î Councilman Jan Davis said. ìThere we had a development with some problems, but when that got bogged down, now thereís subdivision type homes going up there that are having some devastating consequences.î


Cape had her concerns as well and attached a series of conditions to her move to accept the development, including pedestrian access to the community.


ìI just want this development to be the best it can be ó Iíd like to see this worked out,î Cape said. ìThereís a lot I like about this project, but a lot of concerns I have too.î


She noted that while she did not like gated communities ó a sentiment shared by many council members that night, the city does not have an ordinance that prohibits them, though some of its guidelines do warn against such development.


Earlier, a two-hour public hearing saw many residents of the area voicing their opposition to the community. While concerned about the traffic, they also asserted that the developers desire to gate the community threatens the fabric of the neighborhood.


ìWhen I moved here I found a place that valued its natural resources and community over all ó we are in danger of losing all that,î resident Brad Brock said. ìWe are not Ft. Lauderdale, we are not Atlanta, we are not Charlotte, but weíre threatening to become just like those places ó hyperdeveloped, uncontrolled and somewhere people want to move away from. This is not being done for our community. A gated community will do nothing but encourage fear and exclusion.î


His remarks drew applause from the audience.


But the developer, Kent Smith, said that he needs access to the community restricted to attract the sort of high-ended buyers heís looking for to the development.


ìThe Thoms estate couldnít continue to maintain this property without going into real estate, so we came in to preserve the character of this area,î Smith said. ìAll these amenities are things people will pay for. But itís a fact of economics that those things lose their value if they become available to the public at large.î


The planned homes are arranged in clusters, with green space inbetween. They are priced at $400,000 to $1 million.


He warned that developing the area in a different style would result in ìat least 20 more homes ó and a lot more trees cut down.î


Earlier, Craig Justus, an attorney representing the developer, asserted that ìthis is a great project. This is the sort of golden goose that has helped make Asheville prosperous. Youíre going to hear a lot against it tonight. But please donít kill the golden goose. Weíre doing a lot of good things.î


In contrast, Dr. Peter Treveyan, a resident of the area, said that Justusí ìtalk about a golden goose doesnít take into account the gridlock putting that many homes in this area will create. That will kill the golden goose.î


Resident Nicki Marmo also noted that the Thoms estate has historically often been open to community residents.


ìMr. Thoms was very community-minded,î Marmo said. ìHe would invite people from the community in to walk around, to use the pool ó he even encouraged children to camp on the grounds.î

 



 


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