Mountains to Molehills: "No-brainer"?

In Lou Parris' column today, Bob Ferguson comments:

The thinking of Henderson County Commission Chairman Mike Edney that converting Highland Lake Golf Course into a soccer complex is a "no brainer" is troubling for Bob Ferguson of Flat Rock. "Should there not be a comparative cost and benefit analysis of Highland Lake Golf Course, with some modifications, to our quality of life in the county and Flat Rock when put up against a proposed soccer park?" he wonders. "Did the county study other locations to accommodate a new soccer park, outside of in the middle of three established residential communities?..."

Read it all.

Wednesday's letters: The wrong place

I would say Chip Worrell's column definitely struck a nerve. Another letter to the editor in today's paper, from John Remensnyder of Flat Rock:

... I know of no one in our community who is in any way against kids playing soccer. It’s a wonderful sport that I learned to play in 1948, probably before you were even born.

The key issue is that Flat Rock just is not the right place for a complex that would do justice for our children and our community. The complex proposed in Fletcher is the right place. Just check out our blog at friendsofhighlandlake.blogspot.com and read “The Justice Compromise” amongst other points of view....

Read it all.

What now?

Now that we know that Highland Lake Golf Club will not be developed into a soccer complex, the question remains as to what will happen to the property. Course Doctors, the current owners, have said the golf course will close December 31 of this year and they would like/need to sell.

I know many people want to keep it a golf course, but how to make that happen?

I’m not a golfer, so I don’t really know which organizations might be interested in helping, but just a quick google search turns up the following (all of these groups have tournaments/programs in North Carolina):

• U.S. Kids Golf (which already has a tournament that plays at Highland Lake Golf)
• National Junior Golf Tour
• Tarheel Youth Golf Association
• American Junior Golf Association
• Carolinas Junior Golf
• The First Tee, sponsored by the World Golf Foundation
• PGA Carolinas Section, specifically the Mountains Chapter of the Carolinas PGA Section
• USGA

I looked primarily at youth programs because from what I’ve heard, Highland Lake Golf is a very good course for kids’ play (just ask Ashley Cauthen) and for learning the game.

Time for local golfers to get active and see what they can do!

"Flat Rock council nixes soccer complex"

A more complete write-up of today's Flat Rock agenda meeting by Gary Glancy of the Times-News:

In what one resident called a “great example of the democratic process,” homeowners won their fight to stop the conversion of Highland Lake Golf Course to a soccer complex on Monday when Flat Rock Village Council unanimously voted against the project....

When the six councilmen in attendance — Vice Mayor Nick Weedman missed the meeting because of medical reasons, Staton said — voted to reject the county's plan, the crowd erupted in applause. Residents shouted statements of approval like “This is a great day for Flat Rock!” and “You did the right thing, Mr. Mayor.”...

County Manager Steve Wyatt said he expects the matter to be placed on the agenda for discussion at next Monday's commissioners meeting. “Is the board interested in looking at this time at other options and discussing that? If they are, then we'll go in that direction,” Wyatt said. “But they'll have to determine if that's going to be a priority going forward.”...

Read it all, but Mr. Wyatt's comment is why I won't feel like this is really over until we hear definitively from the Henderson County Commissioners.

"Flat Rock Council shoots down soccer complex"

From the Times-News:

In a move that surprised and thrilled about two dozen residents in attendance, Flat Rock Village Council today unanimously voted to reject the proposed Henderson County soccer complex at Highland Lake Golf Course.

Speaking during a meeting to set the agenda for next week's council meeting — when the council was expected to vote on the controversial soccer proposal — Mayor Bob Staton said overwhelming opposition from residents across the entire village prompted the council to take a vote in opposition.

“The more we thought about,” Staton said, “we realized it didn't make sense to put it off any longer.”...

Read it all.

** Breaking ** Motion against soccer complex carries

Statement made at this morning's agenda meeting by Flat Rock Mayor Bob Staton [text in boldface is my emphasis]:

The council had planned today to discuss the outcome of the meeting chaired by Jim Wert last week to discuss the proposed Highland Lake Park and soccer complex. Our purpose in establishing an ad hoc committee with representation from across the Flat Rock community was to see if there might be some middle ground between the positions of those who are opposed to the proposed project and those who support it.

We thought the committee approach would be more workable than the mob scene we had at two council meetings, and a smaller group would be a more civilized forum for the conduct of the business intended.

We asked each of the three most-affected homeowners associations to name a couple of representatives to the committee, which they did. We knew their position. We invited a few community representatives whose positions we knew to be in favor of the proposal. And we had other volunteers whose positions we did not know, but whom we know to have an interest in what is going on in the community and have much at stake.

That meeting was intended to be a gathering of Flat Rock residents who would discuss the pros and cons of the proposed park. It was not intended to be anything else. For its purpose, we did not need anyone else at the meeting. Yet the first thing I heard on Tuesday morning after the Monday meeting, from a member of the board of the soccer association, was criticism for not letting anyone know about the meeting. When I asked him what he meant by that comment, he said that neither Mike Edney nor Clement Riddle knew anything about the meeting. They were not invited! At a meeting the previous Monday, both of them were told that we were establishing the committee for the intended purpose, and that we had hoped to convene the committee for its initial meeting by the end of the week. At the time, the actual date of the initial meeting was unknown. It never occurred to me that, when the meeting was scheduled, I should report its date and time to anyone other than those expected or invited to attend. For a discourse among Flat Rock residents about something that would affect their lives, we felt no need to bring in anyone from the outside.

The committee wasn’t established until Thursday, names were still being added on Friday, and Jim scheduled the meeting for Monday morning, the earliest it could be held. Of the 20 or so committee members, 18 attended the meeting. Each was given an opportunity to speak and to present a position. I understand there were no surprises at the meeting – no breakthroughs – no changes in position. In other words, the result of the committee’s efforts was an impasse.

Since that impasse was reported by the media, I have been accused of poor communication, misrepresentation of the position of the soccer association or taking it out of context, failure to invite its representatives to the committee meeting to present its position, “waffling” on earlier support of the park, and letting Highland Golf Villas dictate the council’s position on the park.

The council had intended today to hear a report from Jim about the meeting, and to discuss its results and where we go from here. We would then take action on the matter at our December 8 council meeting, as we have represented to the public.
However, we have received from Jim a written report of the meeting, and we know what was discussed and the outcome. We also know that a decision on whether to endorse or reject the park/soccer complex concept rests with the council, and that decision needs to be made sooner rather than later.

Over the past few weeks, we have received a great many communications from the community about the park. Those communications include writings, e-mails, telephone calls, and face to face contact. At the time of our November agenda meeting when we had about 75 people in attendance, most there to speak their opposition to the proposed park, I had heard more positive comments about the project than negative. I made a statement to that effect at the time. Since that time, however, this council and I have heard very little in support of the project. Yes, we have heard much from the residents of the neighborhood on whom the park would have the greatest impact. We have also heard from others all over Flat Rock who do not live near the golf course but are very much opposed to the imposition of a park and soccer complex on their community. More than 90% of the communications we have received from Flat Rock residents have been in opposition to this proposed park.

I have polled the council. I know their position with respect to the decision to be made, and we have a consensus. I see no reason to prolong the matter any further. The community has been in turmoil for more than a month. Emotions are running high. For some, it has been gut-wrenching. We need to bring the matter to a close so that people can go on with their lives.

To that end, I will ask the council, “Does anyone at this table think that something could be introduced to this dialogue in the next ten days – that is, before the December 8 council meeting – that would change his mind on the disposition of the proposed Highland Lake Park and soccer complex issue? If the answer is no, then let’s move on.

I will entertain a motion to the effect that:

The Flat Rock Village Council resolves that it will not support a public park and soccer complex on the Highland Lake golf course property, as proposed by the Henderson County Board of Commissioners and the Henderson County Soccer Association; that such proposed park is not in harmony with the quiet residential neighborhood where it would be located, or with the historic Flat Rock community; and that a great majority of Flat Rock residents who have voiced their opinions on the matter are opposed to such park; and further, the council authorizes and directs the Mayor to communicate to the Henderson County Board of Commissioners this resolution of opposition to the proposed park and soccer complex.

Motion made and seconded. Further discussion? Vote.
(The vote for the motion was unanimous – motion carried.)

NOTE:
This is not about “letting the kids have a place to play.” It is not that simple. Another, more appropriate place to play will be found. To us, this is about preserving a neighborhood.

The council did not let Highland Golf Villas dictate this decision, as was suggested. The council did listen to the residents of Highland Golf Villas, and Statonwoods, and Highland Lake Village, and Kenmure, Claremont, Kingwood, Stonebridge, Teneriffe, Flat Rock Lakes, Flat Rock Forest, and other areas of the village. We took note of their concerns, and we acted on their behalf and, in our judgment, in their best interests.

The Highland Lake neighbors may take comfort in knowing they were not in this fight alone. They took the laboring oar, but they had the support of their fellow citizens throughout the Village of Flat Rock. Of that we should all be proud.

Village of Flat Rock agenda meeting

Monday, November 28, at 9:30 a.m. is the regularly scheduled Village of Flat Rock agenda meeting. The village council will be discussing the potential county purchase of the Highland Lake Golf Club property for development into a soccer complex and whether that use can meet the village's zoning ordinances and special use requirements.

This discussion should result in a question that the village council will then vote on at their regularly scheduled monthly council meeting the second Thursday of the month, or December 8, at 9:30 a.m.

Three letters about the soccer complex in today's paper

From the Times-News, three letters to the editor about the soccer complex.
First from Norah Schumacher of Flat Rock:

...The Henderson County golf community supports its privately established and operated courses much like the overwhelming majority of soccer associations across this country establish and support their regional complex. All this is done without taxpayer funding.

If there is extra money around, please let it go to the children, but please endorse programs that will lead a majority of them to better lives in their future.

Then from Theodore Etherington of Flat Rock:

...If I get in the car and drive in just about any direction, I can find plenty of flat land with none of it in the flood plain. It would require very little in the way of preparation and not anything close to $600,000 to convert it to soccer fields. It would be very easy to contact the owner and make an offer way below 1½ million dollars that any current landowner would happily accept. There would be no complaints from the neighbors because there would be none close enough to speak of. The park district, the soccer association, and the donors would have exactly what they tell us they need.

This issue has nothing to do with the kids and their desire for a decent place to play soccer. That is a reasonable request. The motivation for all of it extends beyond soccer and the other up-front reasons that have been put forth for this purchase. Don’t you wonder what that might be?

And finally from Ed Joran of Hendersonville:

...What Mr. Worrell, the HCSA and four of the five county commissioners choose to ignore is that the opposition from homeowners surrounding the proposed soccer complex is not that we are taking a “NIMBY” (not in my backyard) position. We are taking a “NIABY” (not in anybody’s backyard) position.

A soccer complex with attendant noise and lighting pollution, and negative property value and traffic impacts, is inappropriate in residential settings — particularly at the HLGC site.

Read them all.

"A place to play": another response to Chip Worrell

In today's Times-News, a letter to the editor from Loyd and Ken Kinnett of Flat Rock:

To the editor: Chip Worrell’s Nov. 18 column was right on. I agree with Worrell’s “let’s just let the kids have a place to play.” “In the neighborhood,” you’d find many who’d also agree.

Why? Because they do have a place to play. He mentions Jackson Park. My question is, why isn’t Henderson County using our taxpayers’ money to repair and upgrade that multi-use field? Yes, Fletcher Park would need work. But it wouldn’t need to widen a road. We’re talking millions to widen Highland Lake Road and Highway 225 just to be safe and accommodate the traffic.

If you study the plans, there is no “new park,” walking trails, and no plans to protect the wildlife or the creek. Flat Rock has no parks and recreation funds. So let’s be honest. We’re talking about a soccer complex with nine soccer fields, period....

Read it all.

A look at the 2007 County Parks & Rec Facilities Needs Assessment Report

From Flat Rock resident Tom Brown, here is a breakdown of Henderson County's 2007 "Facilities Needs Assessment Report" that he sent to the Flat Rock village council. This needs assessment report has been used as the basis of the Henderson County Soccer Association's (HCSA) and the county's push for a soccer complex.Yellow highlights are those of Mr. Brown, and all other highlights, italics, and links are my emphasis:

Dear Councilman Wert and others;

I thought it appropriate to share something I have been working on for some time now concerning the "Soccer Complex" issue.

It has been revealed and used quite frequently by the HCSA and others that there are certain cornerstones to the requirement for the need of a "Soccer Complex" that need to come into question.

From the beginning, [Henderson County Soccer Association president Clement] Riddle has touted the "Needs Assessment Survey" and its results as a key foundation for the requirement that Henderson County and now Flat Rock accept the "Soccer Complex" as a requirement. He also has represented that the HCSA will have 1,200 youth players and 600 adult players if the Soccer Complex is built.

Interestingly enough, the "Needs Assessment Survey" and its results have been ... misrepresented and have certainly not been appropriately quantified or qualified to represent the facts as they have been presented by the HCSA.

The actual "Needs Assessment Survey" was a flop, it was not representative of the population of Henderson county and in no way resulted in the "Number One need being stated as a Soccer Complex."

The survey, as revealed in the minutes of the Henderson County Commissioners, states that the "Needs Survey," the basis for the HCSA argument on the need, was not in any way shape or form a representative sample of Henderson County taxpayers, ....

[The county] opened five high schools on a Tuesday night for 2 hours and only 153 votes were taken, out of 102,000 residents in Henderson County at the time, and the resulting poll question voted number one was far from a specific need for an exclusive 9-soccer field complex as represented. Furthermore, I have not been able to establish how the survey was advertised or represented to the public for input.

The premise that we need 9 soccer fields for 1,200 youth players and 600 adult players providing revenue to the project will never be realized by their own admissions of only needing 5 soccer fields at this time in the "needs assessment survey" that they are relying upon. Someone needs to request from the Parks & Recreation Department an accounting for the paid "soccer player" fees received over the last 5 years. These numbers as presented are a "Pipe Dream" as defined by commissioner Bill O'Conner. The HCSA has projected a membership participation of 1,200 youth players and 600 adult players and currently according to the HCSA website, only has 87 fall players listed and never has had adults. [See my clarification below to explain these numbers somewhat.]

To further bolster my claims about the exaggeration, the "whoops" email sent from [Henderson County Parks & Rec director] Tim Hopkin's email concerning the Commissioners' meeting went out to just over 800 players, by their own admission, with listed emails in the entire region of western NC, which includes many counties and many other Soccer Associations. I know not everyone has email that might be in our county program, but what is the true count in Henderson County?

The HCSA misrepresents the findings of the "Needs Assessment Survey." Look at this document presented to the County Commissioners on December 3, 2007, and the following excerpts:

On page 2 of 19:

The current youth soccer program requires an area of 5 full size fields; however during the twenty year period of this study, as many as 10 fields could be needed. A full size soccer field measures 120 x 80 yards. Ideally, as many fields as possible should be located together. This greatly enhances the opportunity to host tournaments and better facilitates scheduling of games for participants and staff. The use of artificial turf was proposed as one possible solution to address the heavy use of the soccer fields. Artificial turf fields can accommodate almost nonstop play, whereas, turf fields require extended periods of recovery without any use. Artificial turf has a greater initial cost but lower annual maintenance cost as compared with turf. A soccer complex was also identified as a facility that would have adequate parking, concessions, restrooms, maintenance (facilities and equipment) and amenities such as walking tracks/trails, playgrounds and green areas.

Notice, only five fields are needed...not 9, not 7!

On page 3:

A complex with five fields is currently needed in the County. Additional fields could be added into the complex to meet the growth of soccer over the next twenty years or a second complex built. The complex(s) need to be centrally located within the County and best close to the intersection of I-26 and US 64. It is not practical to plan for this type of facility to be duplicated throughout the County and a centralized location near large transportation corridors will provide the best access situation. Also, this location will best accommodate tournament participants. An approximation of the expenditures over the next twenty years is between $6,000,000 and $11,500,000.

Notice centrally located was stipulated, close to the intersection of I-26, and it is not practical to place it into a non-central location near a major traffic corridor. Only five fields are indicated, why nine at Flat Rock?

Funny how Clement did not project this claim in the report...? Also, who established the need for 5 fields? There are many other "Soccer Complexes" in other cities in the tri-state area with fewer fields that serve much more of a population than Henderson County.

Also, there were only 153 participants, in five public sessions held at the High Schools on Tuesday night....out of over 102,000 residents in Henderson county, wow, what a representative sample.....I submit, it was probably loaded with soccer people. How did they inform the residents of Henderson County that this survey was going to be taken and that it would effect their pocketbook in the near future?

Furthermore, here is the exact wording of the "Number One" need as expressed by this "representative sample" (found on page 8, noted at the North Henderson High School input session from August 28, 2007):

Soccer coach, soccer facilities are declining, need complex with multi-use fields (field turf fields), lighted, location should be centralized in County.

Interesting, NEED COMPLEX WITH MULTI-USE FIELDS..., I don't read this as "need exclusive 9 field soccer complex in residential neighborhood"....or even 7.

I wish you would take a more investigative view and look into the "Facts" as claimed before taking any action. This only took me two hours to uncover and I am sure there are many more untruths to be exposed. I have placed a call and sent email to the survey company and have not received any response as to the validity of the results as presented. This in itself makes me think that the survey is a ruse at best.

In summation, the Village should carefully consider the ramifications of backing up a flawed plan by the Henderson County Commissioners and the potential impact of a developed and poorly used and funded park in their district. The plan for this "Soccer Complex" will only bring heartache and trouble to our district.

I would note one clarification: The number of soccer players cited in the needs assessment report includes both those playing through the Henderson County Parks & Rec Department and the HCSA. Parks & Rec has more players since their teams are open to all, while HCSA has many fewer as they are competitive teams that require try-outs and cuts, and both groups were added together to come up with the overall numbers of 1,200 youth and 600 adult soccer players.

"Committee studying soccer complex reaches impasse"

From Gary Glancy at the Times-News:

A special-committee meeting of Flat Rock residents Monday brought both sides no closer to compromise on a proposed soccer complex at the site of Highland Lake Golf Course, village Councilman Jim Wert said Tuesday. The fate of the project now rests once again with the Village Council....

Wert, chairman of the committee, said there was also a good mix of supporters at Monday's meeting who made strong points in favor of the project, but the "preponderance" of representatives were those who objected to it.

"We really couldn't accomplish a whole lot because the two positions were so far away — i.e., no soccer fields versus no fewer than seven," Wert said. "It really didn't lend itself to a negotiated compromise."

The Village Council plans to meet formally Monday to hear a report from Wert on what information was gleaned from the meeting, and to place the matter on the agenda for a vote during the council's monthly meeting Dec. 8....

County Board of Commissioners Chairman Mike Edney said the board awaits Flat Rock's official position and likely will discuss the village's decision at its Dec. 21 meeting — which may be moved to another date to accommodate public hearings on other matters.

"Once Flat Rock makes a determination on how they want to see this go, then we'll get together and talk about it," Edney said. "If they're giving us an indication up front that they're not going to support it, then everybody just needs to change gears and go in a different direction."...

[Henderson County Soccer Association president Clement] Riddle declined to comment yet about what the soccer association's plans are if the Highland Lake deal falls through, though Edney said "we're keeping all our options open."...

Read it all.

HOA follow-up after Flat Rock advisory committee meeting

From the Highland Lake Residential Homeowners Association (all highlighting and links are my emphasis):

To: Villege of Flat Rock Council:

At the meeting of the advisory committee today, Ginger Brown and I [Bob Bailey] submitted the attached Memorandum (with the Exhibits referred to therein) setting forth the position of the Highland Lake Residential Homeowners' Association regarding the proposed conversion of the Highland Lake Golf Club to a regional soccer complex. For the reasons stated in that Memorandum, we urge you to advise the County Commissioners that you are unanimously opposed to the County acquiring the Highland Lake Golf Club and the development of the soccer complex.

Our attorney, Robert Dungan, poses the following: "How can the Council 'endorse' (read 'approve') a permit if no application with full details is filed and properly reviewed? What if the Council endorses the plan, but then later finds the permit application to be deficient or unacceptable? And in the meantime, Henderson County would have closed the purchase. The Council must be told that this would result in a suit by Henderson County. On the other hand, if it is 'pre-approved' the Council will face a formidable legal challenge from you [Highland Lake Residential Homeowners' Association, Highland Golf Villas Association and Statonwoods Homeowners Association]."

Again, we respectfully ask you to say no and bring this matter to an end.

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.

Legal memo to Flat Rock village council

Asheville Attorney Robert Dungan, who represents the Highland Lake, Highland Golf Villas and Statonwoods homeowners, speaks to the Flat Rock Village Council about the proposed soccer complex and public park at Highland Lake Golf Course during a council meeting at the Flat Rock Village Hall.  Patrick Sullivan/Times-News

At the Flat Rock village council meeting on November 10, Robert Dungan, the attorney representing the three homeowners associations, presented an outline of the opposition to the purchase of Highland Lake Golf Course by Henderson County for the proposed soccer complex (all highlighting and links are my emphasis):

MEMORANDUM

To: Village of Flat Rock Council

From: Robert E. Dungan as attorney for Highland Lake Residential Homeowners Association, Highland Golf Villas Homeowners Association and Statonwoods Homeowners Association (“Associations”)

Re: Opposition to Purchase of Highland Lake Golf Course by Henderson County for Proposed Soccer Complex

Date: November 10, 2011

Introduction

Our clients represent the interests of 263 homes located adjacent to or in the immediate vicinity of the Highland Lake Golf property. These homes have, based on average per home valuation, a collective tax valuation of approximately $70 million (Exhibit 1). These homeowners and their families would be the most affected by the proposed soccer complex at Highland Lake, yet they have never been consulted by Henderson County or by the seller Course Doctors, Inc., essentially those with the most to lose have been the last to find out and the most ignored. The Council of the Village of Flat Rock along with its Board of Adjustment needs now to listen to these owners, to enforce the Village of Flat Rock Land Development Ordinance (“VFRLDO”) and put an end to this illogical and ill-planned proposal that has every indication of being a spendthrift boondoggle.

Background

On August 26, 2011, apparently in closed session, the Henderson County Board of Commissioners (“Commissioners”) entered into an option agreement (Exhibit 3) with Course Doctors, Inc., (“Course Doctors”) for the purchase of the Highland Lake Golf Course, about 67 acres of land (“Golf Course”), for a purchase price of $1.15 million.

With no other notice, and particularly to these homeowners, the Commissioners at a morning meeting on October 19, 2011, voted to “exercise the option”. The published agenda for the meeting (Exhibit 2) shows only under Discussion the following: Potential County Soccer Complex: Presentation from Henderson County Soccer Association (“HCSA”). No homeowners were present to voice their opinions. The HCSA’s handout is included as Exhibit 5.

A review of the option agreement and the purchase contract (Exhibit 4) reveals that the County is to make a “donation” of $100,000 for the soccer complex in addition to the purchase price. It also states that the County will be a partner in the undertaking. While the HCSA is supposed to contract with the seller for the construction of the soccer complex, there apparently is no proposed contract, only a cost estimate of about $400,000. HCSA’s presentation indicates that the County will split all tournament revenues with HCSA on a 50-50 basis. No estimates were made for ongoing maintenance.

The County further prepared a draft business plan for the soccer complex (“Business Plan”) (Exibit 6) which shows future amenities with cost estimates of about $650,000.00 This includes some $230,000.00 for lighting. No source of funding is given for “future amenities”.

Position of the Associations

In the first place, the Associations take the position that this proposed project is illogical for this site. It certainly does not conform to the characteristics of historic Flat Rock. It is an expensive project with many hidden costs and problems, including unanswered or unconsidered problems with traffic and potential road-widening requirements. From an economic point of view, it appears that only Course Doctors will win. It will sell a dubious and most likely underperforming asset, and it will get lucrative construction contracts that appear “locked up”.

Second and more importantly for the Council and Board of Adjustments’ responsibilities, this proposed soccer complex would, to begin with, require an amendment to the VFRLDO. Specifically, the soccer complex would have to satisfy the definition of Park under the VFRLDO. “The term ‘park’ shall not include zoos, recreational vehicle parks, amusement parks, vehicular racing facilities or any for profit recreational facility or use” (emphasis added). Section 501. Throughout both HCSA’s information and the County’s Business Plan, there are explicit references to “revenue sharing”, “profit sharing”, and “50-50 split” from tournament profits.

Even if, the VFRLDO is amended, the soccer complex would have to satisfy the requirements for a conditional use permit. This it will not be able to do for the following reasons:

1. Section 1602(C) – The use will not substantially injure the value of adjoining property. But the soccer complex will. A preliminary inquiry with an appraiser indicated a negative impact on property values of between 12% and 20%, particularly for Highland Golf Villas and Statonwoods. In other words, a collective drop in property values of between $8.4 million and $14 million.

2. Section 1602(D) – The location and character of the use will be in harmony with the area. The soccer complex will not be in harmony with these adjoining neighborhoods. The neighborhoods will suffer from traffic congestion, noise, not to mention the night illumination required for the soccer fields.

3. Section 1602(F)
(F)(1) The soccer complex will fail to satisfy traffic flow and control problems.

(F)(2) Use of the soccer complex, particularly during the much-touted tournament play, will fail on the basis of aesthetics, including noise, glare and excess illumination from lights, and trash.

(F)(6) The soccer complex will not meet acceptable standards for signs and proposed exterior lighting and is not aesthetically compatible with properties in the district.

Conclusion

The Golf Course is the wrong location for a soccer complex. HCSA has already entered into a lease with the Town of Fletcher for a tract of land that is much more compatible, cheaper to develop and could be a true, dedicated soccer complex in a location that will disturb no one.

The project is expensive, not only because of acquisition costs, but also unknown costs and no provisions for maintenance. No plan has been made should financial backing of HCSA fail to complete the complex. Would the County then fund it or would the Village of Flat Rock be left with an eyesore? And even if completed, will HCSA be able to maintain the soccer complex.

The Village Council should inform the County that this soccer complex as proposed will never meet the requirements of the Land Development Ordinance. I urge you to send this message to the Commissioners loudly and definitively.

Advisory committee meeting [with added info]

An advisory committee requested by Mayor Staton and the Flat Rock village council met yesterday (November 21) at 10:30 a.m. The meeting was chaired by councilman Jim Wert and included representatives from Highland Golf Villas, Highland Lake Village, and Statonwoods as well as others interested in the golf course development. There was no official representative from the Henderson County Soccer Association (HCSA) although there were several who were in favor of the soccer complex.

This committee was purely advisory with no authority to make any decisions. A variety of concerns were discussed and noted by Mr. Wert. He listed at the beginning of the meeting several areas of clarification. According to him, Henderson County and the HCSA want at least seven soccer fields, and would like more. There is no compromise with them on that issue.

The end result is that this discussion will be part of what the village council considers at their Monday, November 28, agenda meeting. That meeting will result in an action item for their regularly scheduled village council meeting on Thursday, December 8. They are trying to determine whether, given what the county wants, there is any possibility of the county meeting the village’s zoning and special use requirements for the property. Even though no specific plans have been submitted, as Mayor Staton said in an earlier letter:

In the best interests of all concerned, the council should endorse or reject the proposed project concept sooner than later. It would not be fair to anyone to drag that action out over the length of time required to document and process a use permit application.

It’s my hope that the idea of the county purchase of the property for a soccer complex dies at the November December 8 village council meeting with the councilmen determining that it would be too difficult and divisive to allow for all the special use changes to the existing zoning ordinances that would be necessary for the soccer complex development to go forward.

But it’s not over 'til it’s over, so. . .

[Added info: One of the biggest concerns to the homeowners around the golf course property is distrust of the county and, tangentially, of the HCSA. Because of how this was handled at the county level (the signed option agreement not being disclosed until two months after signing, the insistence of the county commissioners that this was a "done deal" when it wasn't, the lack of communication with the village mayor and council, etc.), the worry is that even if the county agrees to limit development, once they own the property they'll do what they like. I think this is a very valid concern.

Unfortunately, the HCSA has been tarred with this brush as well--and it doesn't help that they already have a lease contract with the town of Fletcher that they are backing out of. It's valid to wonder whether the HCSA might do the same thing here and leave the village with a torn-up piece of abandoned property at one of the gateways into Historic Flat Rock.]

Another response to Chip Worrell

This time from Ed Joran of Statonwoods:

Mr. Worrell uses Machiavellian logic, i.e., the ends justifies the means, in supporting the development of a soccer complex on the Highland Lake Golf Club (HLGC) site in Flat Rock. He spends two paragraphs citing the number of golf courses in Henderson County. That’s irrelevant to the siting controversy.

He then casually dismisses the Henderson County Soccer Association's (HCSA) signed 25-year lease for a soccer complex with the Town of Fletcher.

Then, he tells the neighbors around the proposed soccer complex they should just accept the environmental encroachment of a raucous soccer complex 150 feet from their homes because “This is life.” He then goes on to chide opponents to say their thinking is “pretty small” in opposing the soccer complex. "Pretty small?" Really?

What Mr. Worrell, the HCSA and four of the five County Commissioners choose to ignore is the opposition from homeowners surrounding the proposed soccer complex is not that we are taking a “NIMBY” (not in my back yard) position. We are taking a “NIABY” (not in anybody’s back yard) position.

A soccer complex with attendant noise and lighting pollution, and negative property value and traffic impacts, are inappropriate in residential settings – particularly at the HLGC site.

A response to Chip Worrell

In response to Chip Worrell's column in the Times-News, "Let's just let the kids have a place to play," Barbara Coladarci answers:

It is Not About the “Kids”

When listing all the golf courses, Chip Worrell fails to mention that they are private clubs that do not rely on the Henderson county taxpayer. The Highland Golf Course provides the only affordable training venue for the Junior/ Senior High Schools in Henderson County. The area is zoned R20, which prohibits “trailer park, retail store, asphalt plant.”

When he says, "Just let the kids have a place to play," he, like the Commissioners, fails to mention:

1. the 100 fold increase in traffic, on tournament days, serviced by a two-lane country road;
2. there is only one way in and out of the complex;
3. the line of sight is less than 37 feet from the entrance to the railroad track, and presents a safety hazard;
4. approval has not been obtained from NCDOT to cut another entrance and its cost is unknown;
5. the proposed 9 fields are not just for "kids" but also for adult tournaments;
6. high-intensity lights create light pollution, and perpetuate the noise from enthusiastic fans well into the night;
7. the Internet shows that "soccer complexes" are not normally in residential areas;
8. property values within 1/4 and 1/2 mile of a soccer complex decrease by 13-20%;
9. decreased property values mean decreased revenue.

Upcoming Flat Rock village meetings

Just some reminders for everyone:

• The next Flat Rock Village agenda meeting is Monday, November 28, at 9:30 a.m. This is when the agenda for the next village council meeting is set.
• The next village council meeting is Thursday, December 8, at 9:30 a.m., and depending on the agenda, you should consider attending.

All meetings are, of course, open to the public.

Mountains to Molehills: "Bad idea..."

The Highland Lake Park/Soccer Complex situation makes the Times-News again. This time, Lou Parris, columnist of Mountains to Molehills, quotes Sally Hughes:

Do you remember the old bumper stickers that read, ‘Flat Rock Is A State of Mind'? With the Carl Sandburg Home, the Flat Rock Playhouse, Rainbow Row, St. John in the Wilderness Church, Highland Lake Inn and many lovely historic homes, it still is. Every year more and more people are moving here because of its quiet charm. The Highland Lake Golf Course and the dam nearby define the entrance into Flat Rock. If the golf course can no longer stay in business, it would make sense to use the area for walking trails and a nice park, maybe keeping the driving range and having several tennis courts. Soccer fields would not be in keeping with the neighborhood...

Read it all.