HOA memo to Flat Rock village council

This is a memo presented to the Flat Rock Village Council by the Highland Lake Homeowners' Association, one of three HOAs opposed to the proposed purchase of the Highland Lake Golf Club by the county and the development of a soccer complex (all highlighting and links are my emphasis):

MEMORANDUM

To: Village of Flat Rock Council

From: Ginger Brown, President of the Highland Lake Homeowners’ Association and Bob Bailey for the Association

Re: Highland Lake Golf Club/Proposed Soccer Complex

Date: November 21, 2011

Personal Backgrounds:

Ginger Brown is President of the Association, which represents the interests of the owners of 126 homes in that part of Highland Lake known as the Neighborhood.

Bob Bailey is a former Vice President of the Association. He is an Illinois attorney and has more than 50 years of experience in dealing with commercial real estate transactions, including zoning matters.

Statement of Facts:

The Henderson County Board of Commissioners, apparently in closed session, entered into an option agreement, dated August 26, 2011, with Course Doctors, Inc. for the purchase of the Highland Lake Golf Club in Flat Rock for $1.15 million. With no notice, particularly to the Village and homeowners most affected, the Commissioners at a morning meeting on October 19, 2011 voted to “exercise the option”. Representatives of the Henderson County Soccer Association were in attendance at this meeting and apparently received notice, but as noted above, none of the homeowners most affected by the proposed transaction were, or had the opportunity to be, present to voice their opinions. The action of the Commissioners to “exercise the option” at such meeting appears to be in violation of the North Carolina Open Meeting Act and, as such, should be void. Although there is an exemption in such Act for negotiating in closed session, there is no such exemption after the option agreement was finalized and signed on August 26, 2011.

A review of the option agreement and Soccer Association’s handout, discloses that the County and Soccer Association will partner in the conversion of the Highland Lake Golf Club into a regional soccer complex with 9 soccer fields, parking for over 300 cars, and lighting, to be developed in phases. The Soccer Association’s handout also discloses that the County and Soccer Association are to split all tournament revenues on a 50-50 basis.

At a meeting on November 7, 2011, the Commissioners, at an open meeting, discussed the financing of the purchase the Highland Park Golf Club and the development of the first phase of the soccer complex. This meeting was well attended by both those who support the proposed soccer complex and those who oppose it. During such discussion, Commissioner Edney made the statement that the County will not go forward with the purchase of the Highland Lake Golf Club if the Village opposes the building of the soccer complex on the site.

At a meeting of the Village Council on November 10, 2011, there was public discussion of the proposed soccer complex. Our attorney, Robert Dungan, made a presentation to the Village Council setting forth the position of our Association, Highland Golf Villas Homeowners Association and Statonwoods Homeowners Association, which collectively represent the owners of 263 homes in the Village. A copy of Mr. Dungan’s Memorandum to the Village (without the Exhibits) is attached as Exhibit A. At the conclusion of that meeting, the Village Council decided that an advisory committee should be appointed for the purpose of determining whether a compromise can be worked out between those who are for and those who are against the proposed soccer complex.

POSITION OF THE ASSOCIATION:

1. Amendment of VFRLDO. The Village Land Development Ordinance would have to be amended to permit the proposed soccer complex. See attorney opinion attached as Exhibit A.

2. Required Findings of Fact for Conditional Uses and Special Uses. The proposed soccer complex cannot satisfy the required findings of fact for a conditional use or special use. See attorney opinion attached as Exhibit A and copy of letter dated November 6, 2011 from Mayor Staton to Chairman Edney attached as Exhibit B. It is important to note that the owners of the golf course sold off part of their property for Statonwoods about the time the golf course was constructed and more recently for the Golf Course Villas. They should not be entitled to a conditional use or special use for the soccer complex, because they were responsible for permitting, and they profited from, the residential development around the golf course. Mr. Riddle has presented evidence that “parks” actually increase the value of surrounding residential areas. We assume that is true for traditional parks, but not soccer complexes. Despite Mr. Riddle’s statements to the contrary, we have been unable to find any soccer complexes that are closely surrounded by residential areas. Putting a walking trail around the soccer complex would not make it a park.

3. NIMBYs. The proponents for the soccer complex and some editorials have referred to us as NIMBYs. That is not true. Our position is that any soccer complex should not be closely surrounded by residential areas. A soccer complex is a high impact recreational facility. Lights, noise and traffic would have an adverse effect on the surrounding residential areas. The proponents of the soccer complex have also pitted the old against the young saying we are against soccer. Again that is not the case. There are many suitable sites for a soccer complex in Henderson County, including the ArvinMeritor site referred to below. We hope that they find a suitable site for their soccer complex.

4. Highest and Best Use of Property. The highest and best use of the property in the flood plane is for is for a golf course. As a golf course, the County estimates the value of the property to $1.75 million. Converting the property to a soccer complex will substantially reduce the value of the land and the surrounding residential areas. The course is heavily used, even in bad weather by young and old. Golf is a sport for all ages, not just the young. The golf course and its drainage courses have been in place for approximately 40 years. Converting the golf course to a soccer complex could create serious drainage problems, which if not properly addressed, could cause flooding of surrounding areas. The cost of addressing this problem would be expensive. Moreover, the soccer complex could be unusable after heavy rains.

5. Compromise or Scuttle. It does not appear that there is any room for compromise. The County Commissioners have already stated that the County will not acquire the property unless the soccer complex can be developed on it, and that it will not restrict the property to prevent expansion of the soccer complex. Mr. Riddle has stated that although lighting is not included in the first phase of the soccer complex, he could not rule out lights in the future.

6. Soccer Association Track Record. Two years ago the Soccer Association entered into a long-term lease of the ArvinMeritor site with the Town of Fletcher on which the Soccer Association was to develop a regional soccer complex. That site is as ideal for a soccer complex as the soccer complex on the golf course site would be a square peg in a round hole.[My note: posts outlining the advantages of the Fletcher site are at the bottom of this post (lots of photos), and these posts comparing and contrasting location, safety, and access.]

Now the Soccer Association is walking away from the ArvinMeritor site because it could not raise sufficient funds to develop the soccer complex. See copy of letter dated October 27, 2011 from William B. Moore, Mayor of Fletcher, to Chairman Edney attached as Exhibit C and “The Justice Compromise”? attached as Exhibit D. The development of the soccer complex is poorly planned with hidden costs. It is very likely that there will be substantial cost overruns. We do not want a soccer complex on the golf course site, especially a partially completed one.

Conclusion:

For the reasons stated above, we respectfully request the Village Council to advise the County Commissioners that it is unanimously opposed to the County acquiring the Highland Lake Golf Course and the development of the soccer complex.

Thank you for your consideration.