Biltmore Farms is still viewed by many in Asheville as a corrupt organization that pulls the strings of government. On closer examination, it becomes evident that the Biltmore outfit is extremely law-abiding. The reason why “whatever Biltmore wants Biltmore gets” is that they can afford a good legal team to work the law. Biltmore’s actions are quite worthy of respect. What is not respectable is a body of government with so many complicated laws only one business in town has sufficient resources to negotiate the process.
Biltmore Farms has been known to get ordinances amended just in time for a project that needs them. Tonight, city staff proactively put two amendments to the Unified Development Ordinance before city council to stop development by a smaller organization.
The staff report was posted online with the agenda. Nowhere did it say, “This is intended to stop the Caledonia development,” but the room was full of people who knew. City council had voted against the development some time ago. The developer, still hoping to get some money out of his land, found a loophole in the city’s ordinances. He would split the project into stages small enough to go under the radar of council review. Staff got wise, and swiftly bypassed normal procedures for bringing items to council, and drafted an ordinance to close the loophole. So swift was the action, minutes of the meeting of the Planning and Zoning hearing could not be published in time with the staff report. The normal community stakeholders were not consulted.
The developer asked for predictability. Who would risk investing in a large project in Asheville if the laws were subject to change defensively at any moment?
The residents of the Kenilworth neighborhood faulted the developer for trying to make money off his land instead of giving to the community. They asked how the neighbors could have any sense of assurance if developers could find loopholes to work around the law. Furthermore, how could anybody trust members of council if they didn’t vote in favor of the amendments to support their initial refusal of the targeted project.
Mayor Terry Bellamy spoke well when she said she sensed a lawsuit. The motion was already on the floor to approve the first amendment. A good Christian lady, she resorted to using a wordy-dirty to describe the absurd position in which council found itself. The original wording of the UDO had been amended to try to stimulate building during the recession, now council was asked to undo the amendment before the economy had turned around. Normal processes had been circumvented to fast-track the amendment. If council approved the amendments, they would scare off the development community. If they voted against the amendments, they would alienate voters. In addition, the mayor accepted that staff was only trying to do what council wanted by stopping the project – and yet, the project had all the components of a Smart Growth dreamer’s dream.
The amendments passed 4-3, requiring a second reading. Bellamy asked that staff at least talk to the stakeholders in the interim, for all it would be worth.
Later in the meeting, council had to correct a matter. They had voted to extend Lou Bissette‘s second term on the MSD board by six months. They later learned it was against state statute for anybody to serve more than two terms, so they rescinded their vote and then decided to advertise to fill his position in six months. Bissette would continue to serve until his successor was named.
It is easy enough to remove the particular kinds of graft or bullying that go on under the present system: but as long as men are twisters or bullies they will find some new way of carrying on the old game under the new system. You cannot make men good by law. – C.S. Lewis
