Wal-Mart Withdraws from West Asheville Site
by Cathy Holt
 |
| (L-R) Jill Rias, Gustavo Silva, Paula Foggo, Chris Malcolm. Photo by Cathryn Shaffer |
Just hours before the City Council meeting which would decide its fate, Wal-Mart withdrew its application for conditional zoning at the proposed site on Smoky Park Highway and Cooper Boulevard. Citizen activist groups including the Cooper Boulevard Community Support Network had planned to bring carloads of people, including some of the families who are facing relocation, to the event.
Brownie Newman opened the discussion by pointing out that the Wal-Mart
issue brought up an important loophole in the UDO (Unified Development
Ordinance) which Wal-Mart had taken advantage of. The highway business
zoning limits any single tenant to 75,000 square feet. The fact that
Wal-Mart had two other small franchises (a vision center and a
McDonald\’s) had allowed them to qualify for 200,000 square feet. Newman
urged that this loophole be closed. Mumpower suggested that at least,
the square footage allotted should be proportional to the amount of
space each additional business would occupy.
Mayor Bellamy said that direction was needed on multiple issues to
change the UDO. “How do we want to grow as a community?” she asked.
“Let\’s develop our vision.” She stated that Council would be discussing
their vision in May, then presenting it to staff.
Robin Cape, who has been part of a committee on affordable housing,
urged: “Let\’s not make any decisions that make affordable housing more
difficult to attain. The existing housing stock must be safeguarded!”
She added that mobile homes are the only housing which many people can
afford. “Where is our multifamily residential housing stock?”
The written summary of the Cooper Boulevard Community Support Network\’s
recommendations to City Council states in part: “maintain affordable
housing for Cooper Boulevard residents through a land trust or similar
strategy…exploring options for investing funds in maintaining
affordable housing for the Cooper Boulevard residents rather than
spending money on relocation.” Also: “Research and approve a policy
that would add relocation assistance as a condition for any new
development that displaces ten or more families.”
Three people from the Network were allowed to speak: Jill Rios of Clean
Water for North Carolina, Erin Kraus of Emma Family Resource Center,
and Craig White of the Center for Participatory Change. They emphasized
that they did not speak for the residents of the mobile home park, but
that they are committed to fair treatment for the residents.
Rios described the families in the trailer park as a vulnerable
population: 60% non-English speaking, 25% seniors or disabled, and 40%
children. Contrary to popular perception, all but two or three of the
trailers are too old (more than 8 years old) to be moved to a different
trailer park and would have to be abandoned. Kraus added that since the
landowner was interested in selling to a second buyer, other than
Wal-Mart, there is an urgent need to find housing for the residents.
“There is very little housing in Asheville that can be found for $200 a
month,” she pointed out.
White stated that although the $375,000 in relocation assistance
originally offered by Wal-Mart would have given several thousand
dollars to each family, that would not have solved the problem. Even
the affordable housing programs prioritize apartments, not mobile
homes. He recommended that the city take action to invest in a Land
Trust, to maintain the mobile home park; that they take action on
creating medium to high density mixed use, affordable housing; and that
they make relocation assistance the responsibility of any buyer of
residential property. He noted that there is a nationwide trend for
mobile home parks to be replaced by commercial development.
Many people own their homes, but not the land it is on, and can be
evicted with 60 days notice. Renters of mobile homes have even fewer
rights and can be evicted with only 14 days notice. As for having the
families contact Pisgah Legal Services, it is underfunded and
understaffed, and would certainly be overwhelmed by having 55 families
come to them for assistance. He suggested that Council take a look at
what other cities are doing with similar problems. “When there are more
than ten units of affordable housing being eliminated in a city with an
affordable housing crisis, it becomes an issue to be addressed at a
policy level,” he declared.
Mayor Bellamy objected that it would be impossible to create a land
trust before May, and said that City Council would need to do “due
diligence, weighing pros and cons” before taking a position.
The question was raised whether if a tenant has a lease, the new owner
of a property is required to honor the existing lease. Staff responded
that the answer is not clearcut and depends on many issues.
Robin Cape spoke up, “We can agree that there is a social value to
environmental abatement. Is there social value to affordable housing?
Council has called it a priority, but how and where do we support
affordable housing?”Carl Mumpower warned, “Placing liability on property owners for the
people being relocated is Socialism with a capital S! It\’s a slippery
slope! If I owned a mobile home park, my knees would be shaking!”
Holly Jones objected, “Calling it “socialism\’ doesn\’t help us move forward.”
Among others, Steve Arpen of West Asheville spoke from the floor,
asking that City Council create a committee to study sustainability.
Wal-Mart\’s record shows that it does not contribute to sustainability
but promotes urban sprawl. “This City Council can help move us in a
sustainable direction,” he added, noting that with the coming decline
in oil production, cities need to take steps to meet people\’s needs,
such as more density in housing.
In a brief interview after the meeting, Council member Brian Freeborn
said: “Perhaps Wal-Mart could be fined for pulling out at the last
minute. As forWal-mart\’s proposed relocation payment, many saw it as a
ploy to strong-arm the community into accepting something that wasn\’t a
good deal. I feel bad for those who will be relocated; there\’s
something wrong with our laws, when a landlord doesn\’t have to adhere
to contracts such as leases. For them to say, “Oh, the property\’s been
sold, you have two weeks or a month to get out,\’ that to me is an
irresponsible law, and not good for our community.”
Craig White told the Urban News and Observer: “Wal-Mart or not isn\’t the central
issue. The issue is, with this development or any development, how do
we behave responsibly to some of the city\’s most vulnerable residents?
The general public perception is that mobile home parks are either
disposable or portable. In this case, it\’s certainly not true; most of
the homes would have to be destroyed rather than moved. There simply
isn\’t another place for those folks to go. One or two families could
find another mobile home, buy a used one, or get into public housing;
but 55 families being displaced at once in a community that already has
a shortage of affordable housing, is a disaster.”
Gustavo Silva: “I\’ve lived in this city for 17 years. In the richest
country on this planet, what we call affordable housing is a trailer
park. We spent many hours surveying and talking with those families;
they are desperate, there are many single moms. A lot of the residents
purchased those trailers 15 years ago. There are disabled people,
elderly, they don\’t have work, and don\’t know where to go. This is not
a defeat! It\’s good for the community, it sets a precedent that
Wal-Mart was stopped. Now we need to focus our energy into purchasing
that land. A million and a half dollars can be raised. Many
organizations could get involved.
There are a lot of good people in Asheville, with good hearts, and
there is such a need. Housing costs so much in Asheville, compared to
what people earn! Changes are coming, some resist out of fear, but if
we open our hearts and practice love and compassion, we can come
together and make this happen. So, my dream is to see that land bought
by an investor — and have affordable houses built on it. We can build a
lot more than 55 units on 13 acres. I\’m not a developer, but I believe
we could build 500 units! This city needs at least 50,000 units of
affordable housing. Let\’s create a nice development with green spaces
where kids can play. It\’s a wonderful opportunity, it could be a chance
for the community to come together and create this dream.”
Wal-Mart has not given up on another Superstore in Asheville, but is
looking into yet another trailer park as a location; this one,
Wellington Park, has 200 trailers and is near the airport. It also has
many low income, immigrant families.
issue brought up an important loophole in the UDO (Unified Development
Ordinance) which Wal-Mart had taken advantage of. The highway business
zoning limits any single tenant to 75,000 square feet. The fact that
Wal-Mart had two other small franchises (a vision center and a
McDonald\’s) had allowed them to qualify for 200,000 square feet. Newman
urged that this loophole be closed. Mumpower suggested that at least,
the square footage allotted should be proportional to the amount of
space each additional business would occupy.
Mayor Bellamy said that direction was needed on multiple issues to
change the UDO. “How do we want to grow as a community?” she asked.
“Let\’s develop our vision.” She stated that Council would be discussing
their vision in May, then presenting it to staff.
Robin Cape, who has been part of a committee on affordable housing,
urged: “Let\’s not make any decisions that make affordable housing more
difficult to attain. The existing housing stock must be safeguarded!”
She added that mobile homes are the only housing which many people can
afford. “Where is our multifamily residential housing stock?”
The written summary of the Cooper Boulevard Community Support Network\’s
recommendations to City Council states in part: “maintain affordable
housing for Cooper Boulevard residents through a land trust or similar
strategy…exploring options for investing funds in maintaining
affordable housing for the Cooper Boulevard residents rather than
spending money on relocation.” Also: “Research and approve a policy
that would add relocation assistance as a condition for any new
development that displaces ten or more families.”
Three people from the Network were allowed to speak: Jill Rios of Clean
Water for North Carolina, Erin Kraus of Emma Family Resource Center,
and Craig White of the Center for Participatory Change. They emphasized
that they did not speak for the residents of the mobile home park, but
that they are committed to fair treatment for the residents.
Rios described the families in the trailer park as a vulnerable
population: 60% non-English speaking, 25% seniors or disabled, and 40%
children. Contrary to popular perception, all but two or three of the
trailers are too old (more than 8 years old) to be moved to a different
trailer park and would have to be abandoned. Kraus added that since the
landowner was interested in selling to a second buyer, other than
Wal-Mart, there is an urgent need to find housing for the residents.
“There is very little housing in Asheville that can be found for $200 a
month,” she pointed out.
White stated that although the $375,000 in relocation assistance
originally offered by Wal-Mart would have given several thousand
dollars to each family, that would not have solved the problem. Even
the affordable housing programs prioritize apartments, not mobile
homes. He recommended that the city take action to invest in a Land
Trust, to maintain the mobile home park; that they take action on
creating medium to high density mixed use, affordable housing; and that
they make relocation assistance the responsibility of any buyer of
residential property. He noted that there is a nationwide trend for
mobile home parks to be replaced by commercial development.
Many people own their homes, but not the land it is on, and can be
evicted with 60 days notice. Renters of mobile homes have even fewer
rights and can be evicted with only 14 days notice. As for having the
families contact Pisgah Legal Services, it is underfunded and
understaffed, and would certainly be overwhelmed by having 55 families
come to them for assistance. He suggested that Council take a look at
what other cities are doing with similar problems. “When there are more
than ten units of affordable housing being eliminated in a city with an
affordable housing crisis, it becomes an issue to be addressed at a
policy level,” he declared.
Mayor Bellamy objected that it would be impossible to create a land
trust before May, and said that City Council would need to do “due
diligence, weighing pros and cons” before taking a position.
The question was raised whether if a tenant has a lease, the new owner
of a property is required to honor the existing lease. Staff responded
that the answer is not clearcut and depends on many issues.
Robin Cape spoke up, “We can agree that there is a social value to
environmental abatement. Is there social value to affordable housing?
Council has called it a priority, but how and where do we support
affordable housing?”Carl Mumpower warned, “Placing liability on property owners for the
people being relocated is Socialism with a capital S! It\’s a slippery
slope! If I owned a mobile home park, my knees would be shaking!”
Holly Jones objected, “Calling it “socialism\’ doesn\’t help us move forward.”
Among others, Steve Arpen of West Asheville spoke from the floor,
asking that City Council create a committee to study sustainability.
Wal-Mart\’s record shows that it does not contribute to sustainability
but promotes urban sprawl. “This City Council can help move us in a
sustainable direction,” he added, noting that with the coming decline
in oil production, cities need to take steps to meet people\’s needs,
such as more density in housing.
In a brief interview after the meeting, Council member Brian Freeborn
said: “Perhaps Wal-Mart could be fined for pulling out at the last
minute. As forWal-mart\’s proposed relocation payment, many saw it as a
ploy to strong-arm the community into accepting something that wasn\’t a
good deal. I feel bad for those who will be relocated; there\’s
something wrong with our laws, when a landlord doesn\’t have to adhere
to contracts such as leases. For them to say, “Oh, the property\’s been
sold, you have two weeks or a month to get out,\’ that to me is an
irresponsible law, and not good for our community.”
Craig White told the Urban News and Observer: “Wal-Mart or not isn\’t the central
issue. The issue is, with this development or any development, how do
we behave responsibly to some of the city\’s most vulnerable residents?
The general public perception is that mobile home parks are either
disposable or portable. In this case, it\’s certainly not true; most of
the homes would have to be destroyed rather than moved. There simply
isn\’t another place for those folks to go. One or two families could
find another mobile home, buy a used one, or get into public housing;
but 55 families being displaced at once in a community that already has
a shortage of affordable housing, is a disaster.”
Gustavo Silva: “I\’ve lived in this city for 17 years. In the richest
country on this planet, what we call affordable housing is a trailer
park. We spent many hours surveying and talking with those families;
they are desperate, there are many single moms. A lot of the residents
purchased those trailers 15 years ago. There are disabled people,
elderly, they don\’t have work, and don\’t know where to go. This is not
a defeat! It\’s good for the community, it sets a precedent that
Wal-Mart was stopped. Now we need to focus our energy into purchasing
that land. A million and a half dollars can be raised. Many
organizations could get involved.
There are a lot of good people in Asheville, with good hearts, and
there is such a need. Housing costs so much in Asheville, compared to
what people earn! Changes are coming, some resist out of fear, but if
we open our hearts and practice love and compassion, we can come
together and make this happen. So, my dream is to see that land bought
by an investor — and have affordable houses built on it. We can build a
lot more than 55 units on 13 acres. I\’m not a developer, but I believe
we could build 500 units! This city needs at least 50,000 units of
affordable housing. Let\’s create a nice development with green spaces
where kids can play. It\’s a wonderful opportunity, it could be a chance
for the community to come together and create this dream.”
Wal-Mart has not given up on another Superstore in Asheville, but is
looking into yet another trailer park as a location; this one,
Wellington Park, has 200 trailers and is near the airport. It also has
many low income, immigrant families.
