KRA Operating Policies: Appendix C - KRA Decision Considerations - Development

Appendix C

KRA Decision Considerations - Development

RESIDENT: DATE: _______________

Thank you in advance for taking the time to supply the KRA Board with as much of the following information as possible. The KRA Board is an all-volunteer organization with members rotating off and on and this material will be very helpful in the Board’s decision making process. Complete questions 1-10 and initial items 11 and 12. Use either this form or separate copy as needed. The completed form should be delivered to the KRA President. A KRA Board member will be available should you have questions.

1. In general, if there is concern about unwanted development adjacent or near current property, it is cheaper and more effective in long run to consider buying it – either alone or with other neighbors. With that premise: have the adjacent property owners attempted to purchase the property in question? If not, why? _______________________________________________________________________________

2. Has the City of Asheville Planning & Development Dept. (828-259-5830) been contacted requesting project information? When and what info was gathered? (Some questions to ask: As an adjacent property owner, what are my options? What city regulations/guidelines will be used to approve or deny the project? Ask for a copy of those regulations. Will a petition help shape the city’s decision for approval/denial? If so, what aspects will be important to include in the petition?) _________________

3. A detailed outline of the issue/concern: # acres __________Zoning status _________# of adjacent property owners: _________Any other pertinent information: ________________________________

The above steps need to be completed prior to approaching the KRA Board. _____________________________________________________________________________________

4. Desired outcome: State desired outcome. Are there any acceptable outcomes besides ‘no development’? List and prioritize other possible acceptable outcomes. ________________________________________

5. Communication to date: Have any affected residents had contact with the proposed developer and/or agents? If so, describe nature and extent. _________________________________________________

6. Petition: If available, supply a petition signed by adjacent property owners. Petition should include property owner’s name, address and contact info. Provide explanation for less than 100% signatures of neighboring property owners (ie. absentee owner, apathy, the developer, etc.). Note: Coming between neighbors holding opposing positions on a matter could be a direct conflict with KRA’s purposes.

7. Conflict of Interest: Do any adjacent property owners have a conflict of interest with the developer? If so, provide property owner’s name and nature of conflict of interest. ___________________________

8. KRA Membership: Are all petitioners current with payment of annual KRA membership dues. ($15 p/household p/year in 2014). If unsure of current status, contact KRA’s Treasurer at: get KRA Treasurer generic email address set up to ease board position changes – system forward emails to current Treasurer

9. Contact Person: Provide name, address and contact information for primary contact person representing the adjacent property owners in this conflict. ______________________________________________

10. Assistance Requested: To the best of your ability, specify the kind of assistance you are seeking. Mark all options that apply:

a. Process Facilitator & Strategic Planning___,

b. Identifying helpful resources ___,

c. Communication/message development ___,

i. Letter writing ___,

ii. Public Meeting Attendance & Speaking ___,

iii. Hosting a neighborhood meeting ___,

iv. Use of the Neighborhood Email System ___,

d. Financial ___,

e. All of the above ____,

f. Other (list details) ____________________________________________________.

11. Legal route: Pursuing a legal path can require significant, time, energy and financial resources (frequently, more than originally anticipated). These are serious considerations and not to be taken lightly. If the process evolves to the point of pursuing legal action and KRA decides to join the affected residents in such action, the residents will be expected to lead/participate to the fullest extent possible throughout the process. This can include, but not be limited to: time, effort and fundraising commitments. _______

12. Communication: Voices and messages should be aligned to be most effective and to avoid misunderstandings. All messaging that references KRA and/or its role in the process should be reviewed in advance by the KRA President (or appointee) for accuracy, tone, content and compliance with KRA’s purposes (listed below) before distribution. Message creators need to be mindful that all written communication, including emails, can be legally subpoenaed. ________

KRA Board Considerations:

1. Clear Expectation of KRA Board: It is necessary for the Board and its members to have a clear understanding of what is being requested. Is the KRA Board clear on the petitioner’s expectation for the Board? Y/N

2. Affected Residents/Unanimous Support Guideline: If there is not complete agreement among the adjacent property owners in the issue---either at the onset of the conflict or during the process --- the KRA Board reserves the right to respectfully withdraw or decline involvement. Coming between neighbors holding opposing positions on a matter could be a direct conflict with KRA’s purposes.

3. Conflict of Interest: KRA’s non-profit status as a 501(c)3 must be considered. Do any KRA Board members have a conflict of interest in this matter? If so, provide name and nature of conflict of interest.

4. Financial Resources: What is the current status of KRA’s Treasury and cash flow? Could it withstand a legal commitment of say, $500-1000 p/month and for how long?

5. People Resources: Are there experts or proven leaders on the KRA Board? Who are they and what is their expertise? (ie. licensed architects, lawyers, leaders, etc.) To what extent are KRA Board members willing and able to participate throughout the process? Board members are encouraged to reflect upon the amount of time, funds & effort they individually would be willing and able to contribute. Is there any concern regarding the present or future impact to the board leadership if KRA joined in this action?

6. Neighborhood Impact: How does the proposed project impact the whole neighborhood? How does the project size compare to some prior neighborhood challenges: ie. Beaucatcher Hts. 72 acres, Caledonia 22 +/- acres and is that a factor?

7. Any Other Factors not listed: _______________________________________________________________________________________

IMPORTANT: Communication is critical as development matters are often complicated and have a lot of unknowns. Voices and messages should be aligned to be most effective and to avoid misunderstandings. If messages from project point person are submitted to KRA for distribution purposes through the neighborhood email list serve (groupspaces), those messages need to be edited and reviewed for accuracy, tone, content and compliance with KRA’s purposes (listed below). All messaging will be reviewed by the KRA’s President (or appointee) prior to email distribution. KRA needs to be mindful that all written communication, including emails, can be legally subpoenaed.

KRA Purposes as stated in Articles of Incorporation:

1. To enhance the quality of life and promote a strong sense of community in the Asheville area known as the Kenilworth neighborhood;

2. To promote public safety in Kenilworth through the education of the residents, the analysis of unsafe conditions and notification of the proper agency or party to request such changes as may be necessary;

3. To support the beautification of the area and to support the development and operation of public recreation in the area, to encourage the preservation and planting of trees and shrubs and flowers in the neighborhood, to encourage the proper disposal of trash and litter in the area;

4. To study and draft plans acceptable to the neighborhood to be used in charting the future development of land in the area and to recommend to local government these plans for further development;

5. To promote harmonious human relationships within the community through meetings and activities that bring the residents together in a spirit of fellowship and to identify sources of tension within the community and to work to reduce them;

6. To promote community service projects among the residents; and to work to preserve the historic landmarks of the area and to set down the history of the area