Town council passes steep-slope moratorium

By Frank Ruggiero

ruggiero@wataugademocrat.com

The Boone Town Council approved a 120-day moratorium on certain steep slope development at a special meeting Tuesday.

In an unusual move, the council held a public hearing on that matter and promptly took action following the hearing.

The Boone Steep Slope and Multi-Family Development Task Force determined an additional moratorium would be necessary in order to complete work on steep slope regulation without fear of further steep slope development in the meantime. A moratorium on multi-family developments of more than 24 units expired at the end of May.

The public speaks

Twenty-one area residents took the opportunity to share their thoughts on the ordinance, which provides for a four month moratorium on the issuance of building, zoning and/or special use permits for multi-family development on slopes of 20 percent or more.

First to speak was resident and planning commissioner Greg Reck, who expressed his support of the moratorium. “I have confidence that whatever recommendations they (the task force) come forth with will be fair and provide a better future for the town of Boone,” he said, adding that 120 days is a small price to pay to ensure the safety and welfare of the town.

Referring to the geologic hazard map under development, resident Andy Mason said it’s “absolutely vital” that the town has such information at its disposal.  The map will categorize areas in town by different colors, with red areas having a high probability of slope failure resulting from development, orange areas having a medium probability and green having low potential for slope failure.

Developers of red and orange parcels will be required to hire the services of a geotechnical or licensed civil engineers and a licensed geologist to ensure the land is suitable for development.

The final draft of the map is still under development, and the task force did not wish to make any final recommendations without first studying and approving the map.

“Not to do so would be a disservice to the town,” Mason said.

Resident Julia Heinlein said people choose to live in the area because of its natural beauty, and that the town needs smart growth planning immediately. “It’s up to the people and you, the elected officials, to protect the natural beauty,” she said, adding the town should not rush the issuance of permits at the cost of the environment.

Resident Patrick Morgan said moratoria should only be adopted as a last resort, “if nothing else can get by.” Since the moratorium was intended to provide safety and welfare, Morgan questioned why only multi-family housing would be barred by its adoption. As written, the moratorium allows single-family, commercial and mixed-use development on steep slopes.

Morgan said people’s constitutional rights are at stake, and that the moratorium “greatly limits the amount of improvements that can be done on property.”

Beaver Dam resident Joe Potter told how he was a certified contractor, and that the task force neglected to take into account an important factor — hydrology, which he said is necessary in determining the stability of land.

Should the moratorium pass, Potter said it should remain in effect until a team of geologists and hydrologists can effectively survey the area and provide an expert opinion. Resident Pam Williamson said she saw the issue to be a matter of safety, more so than aesthetic. Williamson said she’s surprised nobody has been killed by a landslide yet. She also questioned why mixed-use development would be permitted on steep slopes, saying, “Density is density, no matter what it is.”

Regarding the allowance of single-family development, Williamson referred to the incident in the White Laurel development off Bamboo Road, when a house slid from its foundation from the effects of Hurricane Frances in 2004.

Resident Ralph Grosswald told how he used to build high-end homes in Naples, Fla., a very regulated municipality with a flourishing economy. He said homes built under newer safety regulations proved more desirable to the consumer and sold for higher prices.

Licensed geologist Keith Seramur of Boone is working with task force member and licensed geologist Loren Raymond on developing geologic hazard maps for Banner Elk and Seven Devils, and said Banner Elk asked him to recently look at one specific property.

At the top of the property, the slope was more than 50 percent but gentle towards the bottom. On top was a large fault zone, and the bottom of the slope was covered with debris flows from ancient landslides. Furthermore, this property is going to be developed in Banner Elk, he said.

Without steep slope regulation, such land would be developed without a geotechnical engineer and licensed geologist assessing it first, Seramur said.

Local businessman Jim Hastings argued that had the moratorium been in effect years ago, the majority of people in town would not have been allowed to build their homes.

Hastings said White Laurel was an isolated incident and that the development never should have been built. Apart from the house that slid from its foundation, he asked how many other houses in the area have done the same. Potter replied that similar incidents had occurred at Linville Ridge, and Seramur said it could likely happen again in Boone.

“Don’t run from this travesty above Wal-Mart,” Hastings said, referring to the Village at Meadowview multi-family complex, “and don’t run from White Laurel.”

Hastings’ comments stirred some dissent from other audience members, and he accused Williamson of stacking the meeting with supporters of the moratorium. He urged the council to keep in mind all the people who opposed the notion of steep slope regulation at an April public input session with task force and town council members. One audience member in support of the moratorium replied, “That’s why we’re here tonight.”

Referring to the moratorium’s potential effect on affordable housing, developer Roger Wright said White Laurel was built where it was because nobody wants affordable housing in their backyard.

Developer Phil Templeton said the town needs to avoid overreaction. “We overreact to things like this,” he said, and then referred to the Village at Meadowview. “Things aren’t always as they seem. We can get along together, but just remember that every project that takes place doesn’t end up like this. Let’s come to some reasonable conclusion.”

Council action

After the hearing closed, council member Lynne Mason moved to adopt the moratorium, and council member Rennie Brantz seconded. Council member Bunk Spann asked if the council could modify the language to include commercial and single-family property, and town attorney Sam Furgiuele said the council could not do so, but that the ordinance could be made less restrictive.

Council member Dempsey Wilcox said 20 percent is not an appropriate definition of steep slope, in that approximately 65 to 70 percent of the town is located on slopes of 20 percent or greater.

A 20 percent slope, he said, is a 5 to 1 ratio, meaning elevation rises only one foot every five feet.

The task force was tasked to address steep slopes, not gentle slopes, he said, and asked the council to consider changing the definition to 25 or 30 percent, which would still cover sensitive areas.

Mason’s motion carried in a 3-1 vote, with Wilcox casting the dissenting vote.