Steep slope task force backs moratorium

By Frank Ruggiero

ruggiero@wataugademocrat.com

The town of Boone could face another moratorium if the Boone Town Council approves a recommendation from the town’s Steep Slope and Multi-Family Development Task Force.

The task force recommended adoption of a 120-day moratorium on multi-family development on steep slopes of 20 percent or more grade.

The moratorium recommendation was passed at the task force’s May 10 meeting, and though the task force had planned to present comprehensive recommendations to the Boone Town Council at its regular May meeting, task force members opted to wait until the geologic hazard overlay map is completed by Trigon Engineering.

“The consensus is we can’t [make recommendations] until we see the map,” task force chairman Harvard Ayers said.

Ayers said the task force had three options at that point — to go with no moratorium and count on the town’s water situation to curb large development; adopt a 60-day moratorium for all development on slopes greater than 15 percent; or adopt a 90-day moratorium on the same.

The problem with a 60-day moratorium, Ayers explained, is that between advertising for a public hearing and presenting recommendations to the council, there would be a gap of a week to 10 days from which the current moratorium on multi-family housing expires on May 31 to the adoption of a new moratorium.

Task force member and councilman Dempsey Wilcox said the water situation would prevent large developments, but Ayers said single-family homes could still be built on slopes.

The task force discussed the possibility of presenting recommendations in June, but agreed that rushing would not be appropriate, considering the scope of the issue. Wilcox said the town council shares the same sentiment. Were the task force to wait until July, it would require a 120-day moratorium to cover the gap in enforcement.

Town attorney Sam Furgiuele noted that if the task force moved expediently, the town council has the authority to lift the moratorium before its scheduled to end.

Task force member Judy Humphrey asked how well limitations on water allocation would work in preventing multi-family development. Mayor Loretta Clawson said Boone Public Utilities is permitted to approve service requests of up to 3,000 gallons per day and only within town limits. Applicants requesting 3,000 gallons or more must appear before the council for approval. Humphrey noted that single-family housing can be included in the under 3,000 gallons category.

“Anything in the ETJ (extra-territorial jurisdiction) is definitely fair game under the water rationing ordinance to just say ‘no’ to,” Furgiuele said, adding that conditional use could always be applied in that, for instance, an applicant would have to comply with the impending regulations if water and sewer service is to be approved.

Service requests for properties in the secondary pressure zone could also be denied, Furgiuele explained, saying the main problem rests with properties in the primary pressure zone, in which the town is essentially obligated to service properties with water and sewer.

Humphrey asked Furgiuele and John Spear, director of Boone Development Services, if they would recommend a moratorium.

“The water is a formidable obstacle for development on any of the slopes right now,” Furgiuele said. “There may not be a huge risk but the possibility still exists, and there’s no way to measure that possibility.”

Spear offered his opinion, saying if the task force worked diligently with the right information and the geologic hazard map, it would be feasible to get the recommendations to public hearing in August.

“I don’t see a threat to public health and safety that would warrant a moratorium,” he said, adding that with a moratorium, the town would be aggravate people by saying they would not be allowed to build anything on slopes of 15 percent grade for 120 days, while the task force works on more regulations to make building  in those locations more difficult.

Ayers asked each task force member to share his or her opinion on the matter, and member Larry Bordeaux spoke first, saying that, from experience, it’s not likely the task force will get the hazard map on time. Spear added that Trigon would like to present the map to the task force, as well, to gather feedback.

“If it’s going to drag on, we’re probably going to need a moratorium,” Bordeaux said.

Gayle Turner agreed, saying, “As much as I wish we didn’t have to have a moratorium ... we have a lot of hard work to do still.”

Member Mary Ruth McRae stated she didn’t believe in moratoria in such situations, saying they’re for crisis situations only. Clawson said she thought a moratorium would be necessary to protect the town’s slopes from multi-family development. However, she said she was wary about stopping the development of single-family homes and said a moratorium on multi-family development on steep slopes would be key.

Ayers agreed the task force would need 120 days to accomplish its task, but said he wasn’t certain which moratorium to choose. Member Sean Krause agreed with Clawson, saying a moratorium on multi-family would be “the smart way to go,” as he could see general business and multi-family lots in the primary pressure zone going up.

Ayers moved to recommend adoption of a 120-day moratorium on multi-family housing on all steep slopes defined as grades of 15 percent or more. After further discussion regarding the definition of “multi-family hosing,” the task force decided on 12 units or more, with Ayers noting the town council could always up the number if it should see fit. Clawson seconded the motion.

Further discussion led the task force bar all multi-family housing on steep slopes, rather than developments of 12 units.

“It really seems to me like what you want to accomplish has already been accomplished by the water issue,” Furgiuele said, considering that applicants for multi-family developments of such size would have to appear before the Boone Town Council for service approval anyway.

Wilcox said he didn’t think 15 percent adequately defined “steep,” and Krause agreed, suggesting 20 percent instead. Clawson agreed, as well, and Ayers accepted the suggestions as friendly amendments. McRae said she simply couldn’t support the recommendation and cited North Carolina general statute in that, “A clear statement of the problems or conditions necessitating the moratorium and what courses of action, alternative to a moratorium, were considered by the city and why those alternative courses of action were not deemed adequate.”

Turner said she’d like to see the scope widened to include single-family housing, after considering public feedback expressed in e-mails to the task force, regarding the protection of the town’s view-shed.

Furgiuele shifted discussion back to McRae’s point, saying the task force will have to explain why there are no feasible alternatives to a moratorium, as “it still seems like it’s very close to the idea that this is going to be very problematic with the water issue.”

Ayers said the task force could still make the recommendation, though, and it carried 6-3, with Wilcox, McRae and Turner opposing.

The task force’s next scheduled meeting is Tuesday, May 16, at 5:30 p.m. The task force expects to hear a report from Trigon Engineering at its subsequent meeting to be held Tuesday, May 23, at 5:30 p.m.