City Council regular meeting — October 12, 2021

Principal Planner Shannon Tuch said that this is the consideration of conditionally zoning 130 Charlotte Street from Community Business I District to Commercial Expansion

• Conditional Zone. This public hearing was advertised on October 1 and 8, 2021. Project Location and

Contacts:

• The project site consists of a single 2.34 acre parcel located at 130 Charlotte St. (PIN 9649-53-7348)
• Owner: Charlotte Holding LLC. Summary of

Petition:

• This petition is for the purpose of constructing an approximately 166,000 square foot mixed-use development that includes 186 new residential units and 4,500 square feet of commercial/retail space.
• The proposed new street address for the project would be 120 Charlotte St.
• The site is 2.34 acres in size and the proposed project will disturb the entire site.
• The current zoning is CB-I (Community Business I).
• The applicant is seeking a rezoning via conditional zoning to COM EXP-CZ due to the number of residential units and overall square footage requiring Level III review.
• Based on the Future Land Use map found in the Living Asheville Comprehensive Plan, the property is currently designated Traditional Corridor which calls for a mix of uses and higher density residential projects with buildings located close to the street and full multimodal access. No change to the FLU will be required.
• The maximum density in the COM EXP district is 20 units/acre but may be increased to 50 units/acre with the inclusion of 20% of all residential units being set aside as affordable. This project does include 20% of the units to be affordable but proposes 80 units/acre, exceeding the maximum and requiring modification.
• The entire parcel is located within the Charlotte Street Transition Overlay District and is included in the Charlotte Street Innovation District (or Municipal Service District).
• The subject property is also located in the Chestnut Hill National Register Historic District. The period of significance for this district is 1865-1929. There are no historic structures on the property and one non-contributing structure (former Fuddruckers restaurant) which is proposed to be demolished.
• The site has road frontage on Charlotte St. and E. Chestnut St. with vehicular access into the parking garage proposed from E. Chestnut St. The Traffic Impact Study contemplated access to the garage from Charlotte St. and will need to be updated to reflect the location change.
• The existing transit stop near the intersection of Charlotte St. & E. Chestnut St. will be retained with the addition of a transit shelter.
• New construction includes a single mixed-use, multi-storied commercial building. The building will range from 3-5 stories in height with the uppermost story stepped back from the vertical plane of the lower stories. The maximum height, as measured by the UDO, is 48’ with an overall structure height of approximately 54’.
• Housing is the predominant land use proposed with affordable housing included as part of the project, setting aside 20% of the total unit count (38 units) as affordable to those earning at or below 80% area median income (AMI) for a period of 20 years. During the LUIG presentation, the developer offered a period of 30 years and the conditions will be amended to reflect that.
• Off-street parking will be accommodated through two levels of below grade structured parking which will supply approximately 231 parking spaces. Also included in the project is the creation of six on-street parking spaces located on E. Chestnut St.
• Almost 19% (18,941 square feet) of the site is proposed as community open space containing a combination of active and passive courtyards, as well as wide sidewalks. Sidewalks are available for public use while the active/passive recreation areas will be restricted to residents and guests and will be privately maintained.
• The plans indicate that the required tree canopy preservation requirement (15%) will be satisfied through a combination of new tree plantings with a fee-in-lieu for the balance of the requirement.
• Streetscape improvements are noted along both road frontages and with a sidewalk/ped zone that ranges from 10-20’ wide and will include street trees in grates or trees in planting islands.
• The project is seeking several modifications to development standards and does not comply with the COM EXP zoning standards only in that density exceeds the maximum 50 units/acre.
• The project does not comply with the Charlotte Street Transition Overlay District requirements in the following ways:
• Building footprints exceed 6,000 square feet and gross floor area exceeds 12,000 square feet. (Note: projects that meet additional design criteria may exceed the maximum footprint and gross floor area by 25%; however, this project greatly exceeds those limits.)
• Buildings exceed the two-story maximum allowable building height.
• The dominant roof form is flat and not gabled or hipped.
• Facades are greater than 35 feet. Consistency with the Comprehensive Plan and Other Plans: Living Asheville Comprehensive Plan (2018)
• This project meets a number of key city goals in the Living Asheville Comprehensive Plan including:
• Encourage Responsible Growth
• by increasing the city’s housing supply and locating housing density and new jobs in a locationally efficient area, within an Innovation District, which is one of the plan’s identified growth areas.
• Make Streets More Walkable, Comfortable and Connected
• by supporting multimodal transportation such as transit, bicycling and walking through pedestrian and transit infrastructure improvements.
• Celebrate the Unique Identity of Neighborhoods Through Creative Placemaking & Increase and Diversify the Housing Supply
• by providing contextually appropriate infill development that includes housing, especially affordable housing. Charlotte Street Corridor Plan (1999)
• The proposed development supports the following plan goals:
• Mixed use development that introduces housing along the corridor (consistent with the Proposed Land Use map in the plan).
• A sense of place along the streetscape, including enhancements, is encouraged to address a lack of cohesiveness and pedestrian-friendly infrastructure.
• Multimodal and pedestrian improvements, increasing pedestrian activity and parking capacity.
• The proposed development can be seen as being inconsistent with one goal in the plan where new development is encouraged to be two to three stories in height and compatible with the historic character, massing and scale of Charlotte Street while preserving aesthetic amenities.
• While this building is 3-5 stories in height, it is consistent with the historic character and of the commercial buildings along the corridor. The plan also makes allowances for larger size buildings that otherwise align with the plan. Plan on a Page
• Living Asheville Appendix (2018)
• Living Asheville included a neighborhood planning initiative called “Plans on a Page (POP)” where neighborhoods provided feedback on their respective neighborhoods and geographies.
• The summary for North Asheville included the following recommendation, “Given the existing character of the area, including historic districts/structures, there is a need to balance preservation with accommodation of new demand. The areas with the most potential for higher-density development are along the North’s three primary commercial corridors: Broadway Avenue, Merrimon Avenue, and Charlotte Street. Therefore, strategies for North Asheville should promote maintaining local character in the residential neighborhoods, while encouraging higher-density development along the commercial corridors.”
• The project largely aligns with the Plan on a Page by concentrating the intensity of the project ( 5 stories + commercial space) along the Charlotte St. corridor and stepping the building down as it abuts the residential properties to the north and west.

Compatibility Analysis:

• Adopted city plans envision a balance of new construction that activates Charlotte Street with historic preservation and neighborhood compatibility goals.
• The proposed zoning (COM EXP-CZ) and land uses are generally compatible with the surrounding zoning and uses, surrounded primarily by high density residential in 2-3 story buildings, or community based offices or businesses.
• Where the project abuts single family residences, the project will provide a 30 foot Type B property line buffer.
• The building has been designed in a way that incorporates design elements found in other buildings on the corridor.
• The building design is consistent with the Charlotte Street Transition Overlay District, which states, “It is not the intent that new buildings mimic historic designs, but rather that they combine elements from the historic design palette in new ways to achieve a design which is compatible with and complementary to the historic character of the street” (Section 7-9-10(f)(2)).
• The proposed building steps down in height where it abuts the adjacent residential properties.
• As stated above a change in the Future Land Use map is not required as the Traditional Corridor future land use designation contemplates a mix of uses and higher density residential projects with buildings located close to the street with multimodal transportation access. Committee(s):
• Technical Review Committee (TRC)
• July 19, 2021
• approved with conditions.
• Planning & Zoning Commission (PZC)
• September 1, 2021
• approved.

Staff Recommendation:

• Staff recommends approval of the project, for the reasons stated above. Ms. Tuch identified some of the conditions being (1) Technical modification (UDO & Charlotte St. Overlay); (2) Mix of uses (predominantly residential w/ some ground level retail); (3) 20% of units will be dedicated affordable (80% AMI for 30 years); (4) Bus shelter added to Charlotte Street; (5) 18,000 s.f. of community open space; and (6) 231 structured parking spaces. In response to Councilwoman Wisler, Ms. Tuch responded to concerns raised in a letter from the neighborhood. Ms. Tuch said that she believed the application was submitted in May, no steps were skipped, and the applicant took time to explore and address concerns after the Technical Review Committee, so she did not feel this project was fast-tracked. Regarding the project drastically changing from the neighborhood meeting, she said that we require a neighborhood meeting prior to submission of the application so the developer can hear concerns from the community and incorporate them into the design. That was the first time the developer revealed the English Tutor style (noting that was feedback received several years ago on the project). However, that style was a concern to staff who felt that style was out of place on this corridor and with the Chestnut Hill Historic District. Staff wanted something compatible with historic preservation goals and consulted with the Historic Resources staff. The building did not change at all, but if it did, it was reduced slightly in scale. therefore a new neighborhood meeting was not warranted. The only changes from the Planning & Zoning Commission meeting to this meeting were (1) the parking garage entrance (moved from Charlotte Street to East Chestnut Street); (2) the character of the streetscape (pedestrian zones); and (3) the architectural style (English Tutor style to shingles architecture style or the style of the brick commercial buildings of the City Bakery). Staff felt those changes were positive and they were at staff’s request. Councilwoman Turner noted that the Asheville Citizen-Times printed a story on this project that contained some errors and she has asked that they correct them. Mayor Manheimer opened the public hearing at 6:51 p.m. Ten individuals spoke in opposition to the proposed development at 130 Charlotte Street for various reasons, some being, but are not limited to: current development is not what was presented to the neighborhood at the required public meeting; request to delay vote so neighborhood associations can meet with Council to better understand how we can work collaboratively towards a solution; the proposed conditional zone directly conflicts with the Charlotte Street Transition Overlay District and the Charlotte Street Corridor Plan; the project is inconsistent with the North Charlotte Street Innovation District process; any changes to these Plans should be done with involvement of the whole Charlotte Street Neighborhood; large development is surrounded on two sides of residential homes; and concern of ambient noise with increased traffic. Mayor Manheimer closed the public hearing at 7:23 p.m. In response to Mayor Manheimer, Transportation Director Ken Putnam said that we don’t have any specific data regarding the traffic that Fuddruckers generated vs. traffic from an apartment complex this size. However, the main peaks for a restaurant would be in the lunch hour and evening hour. An apartment complex would have a morning peak hour and an afternoon peak hour. He felt that Fuddruckers’ traffic volumes during the lunch hour were probably equivalent to this project. Fuddruckers was built so long ago that he was not sure if a Traffic Impact Analysis was required, but it would be today. Mr. Putnam agreed with Mayor Manheimer when she recalled the highest traffic counts on Merrimon Avenue and Charlotte Street were during the lunch time. In response to Mayor Manheimer, Ms. Tuch said that there is a pretty dense 30-foot landscape buffer between this project and the adjacent residentially zoned properties. The same buffer would not be required between this project and the commercially zoned properties; however, this project still provides approximately 20-feet of buffering along those uses as well. In response to Councilwoman Mosley, Mr. D’Angelo said this is one of our highest earning census tracts. Ms. Tuch said that some mixed-use and mid-scale multi-family are coming into some of these infill area opportunities. She said that there are two projects on Broad Street and they did include some affordable housing (but very small
• 1 or 2 units; or 2-3 units). The other more significant in size affordable housing project was on Larchmont off Merrimon Avenue back in 2009. In response to Councilwoman Turner, Mr. Putnam said the N.C. Dept. of Transportation (NCDOT) would need to be involved in changing the timing of the signal on East Chestnut and Merrimon Avenue, noting that it will have a compound effect on the other intersection lights along East Chestnut Street. However, he meets regularly with the NCDOT staff and would be happy to ask them to investigate that signal. In response to Councilwoman Wisler, Mr. Putnam said that they are about 80% complete on a project to physically mark parking spaces alternately along East Chestnut Street. Hopefully the new Traffic Engineer will be able to finalize that project. In response to Councilwoman Roney, Ms. Tuch said that the transition height from the project to the neighborhood is three stories. Mayor Manheimer said that members of Council have previously received copies of the resolution ordinance and they would not be read.

WxPROOFING LLC FOR HARRAHS CHEROKEE CENTER ASHEVILLE

• WINDOW REPLACEMENT & CONCRETE REPAIRS PROJECT D. RATIFICATION
• RESOLUTION NO. 21-210
• RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A MEMORANDUM OF UNDERSTANDING AND RIGHT OF ENTRY AGREEMENT WITH DUKE-PROGRESS ENERGY TO EXPLORE THE OPTION OF A FUTURE PROPERTY EXCHANGE FACILITATING THE RECONSTRUCTION OF THE EXISTING DOWNTOWN ELECTRICAL SUBSTATION E. RATIFICATION
• RESOLUTION NO. 21-211
• RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CHANGE ORDER WITH WK DICKSON FOR THE NEIGHBORHOOD ENHANCEMENT PROJECT AREA 5 PROFESSIONAL SERVICES CONTRACT F. APPROVAL OF THE MINUTES OF THE REGULAR MEETING HELD ON SEPTEMBER 28, 2021

Background:

• The City of Asheville Public Works Streets Division administers the Street Cut Utility Program.
• This program is an enterprise fund that is supported by the participation and work generated by partner agencies (MSD, Dominion Energy, City of Asheville Water Resources and City of Asheville Stormwater Division).
• As part of this program, both internal and external utilities partner with the Streets Division to make repairs to City-owned infrastructure that results from utility improvements and repairs.
• At times these activities cut into concrete infrastructure such as curbs and sidewalks.
• When this occurs the Utility Cut Program must have a method to address these areas.
• This is the ninth year that a private contractor has performed this service.
• The contract was advertised on August 18th, 2021 and bids were opened on September 7th, 2021.
• The following bid was received: Appalachian Paving and Concrete, Inc. of Swannanoa, NC $287,751.00
• The contract is expected to begin at the beginning of November 2021 and to take approximately 365 days to complete.

Vendor Outreach Efforts:

• Staff performed outreach to minority- and women-owned businesses through solicitation processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services. Staff also checked the City of Asheville list of certified MWBE businesses, the NC Historically Underutilized Business database, and the NCDOT MWBE database for potential contractors.
• Only two companies from an identified disparity group were found in the ten-county area and staff directly contacted those companies.
• The companies did not bid for this contract.
• Appalachian Paving and Concrete is certified by the City of Asheville as a woman-owned business and they propose to self-perform the work. Committee(s):
• None. Pro(s):
• Provides for the timely repair of concrete infrastructure that has been damaged by the installation of utilities. Con(s):

None Fiscal Impact:

• The Street Cut Utility Program is an enterprise fund that is funded by fees paid by the four partners participating in the program.
• The partners will be billed 100% of the repair cost, meaning that the City realizes full cost recovery.

Background:

• The Sanitation Division of the City’s Public Works Department identified a 2006 Freightliner Knuckleboom as surplus personal property, with no anticipation of future utilization by the City.
• A knuckleboom is a truck with a hydraulic arm that was used by Sanitation for the purpose of collecting brush and yard waste for recycling. It is frequently used to collect large brush piles because it can be done with a single operator, as opposed to a crew performing hand loading.
• The estimated wholesale value of the 2006 Freightliner Knuckleboom is listed at approximately $30,000 or more, depending on condition.
• Bids will be solicited through GovDeals online auction.
• Pursuant to N.C.G.S. §160A-266, the Sale and Disposal of Personal Property valued at $30,000 or more must be approved by the City Council.
• The City’s Purchasing Manager has authority to dispose of personal property valued at less than $30,000 by private negotiation and sale.

Vendor Outreach Efforts:

• None Committee(s):
• None Pro(s):
• Prudent asset management
• Space utilization eliminates the need to store large, unused equipment
• Competitive process yielded market price Con(s):

None Fiscal Impact:

• The knuckleboom is fully depreciated and the General Fund will recognize the entire amount as revenue from the sale of the asset.

Background:

• The NCDOT funds and manages an annual program that places recent university graduates with an interest in public transit within a city/transit agency for 1 year as a full-time, paid staff member.
• The City must apply for the program by November 1, 2021 to potentially be approved as a participant.
• If approved, NCDOT provides 90% of the funding for the salary and benefits of the apprentice; the City Transit Operations Fund would provide the remaining 10%.
• State costs would amount to $45,234.90.
• Local costs would amount to $5,026.10.
• The City has participated in this program annually for the last several years (except FY 21/22 as the program was not included in the State budget).
• The transit apprentice would work within the Transit Planning Division of the Transportation Department and would assist the division with ongoing work program items related to transit service.
• The apprentice is also required by the NCDOT to prepare a research report at the end of the apprenticeship.

Vendor Outreach Efforts:

• N/A Committee(s):
• None Pro(s):
• 90% of apprentice costs are covered by NCDOT.
• Assistance to Transit Planning Division to assist in transit-related projects that serve the City of Asheville and the surrounding community.
• Assistance will include continued implementation of the Transit Master Plan (2018). Con(s):

None Fiscal Impact:

• Local cost of $5,026.10 which would be budgeted in the Transit Operations Fund for fiscal year 2022-23.

Action: Budget amendment, in the amount of $5,000, to allocate a donation from Oasis Recovery Center and Asheville Recovery Center for the purpose of installing a bus shelter. Background:

• The Oasis Recovery Center and Asheville Recovery Center are providing $5,000 to install a bus shelter located at Merrimon Ave. and Durwood Dr., just south of Edgewood Rd. outside of CVS, serving the N1 and N2 transit lines.
• Within the ART Transit System, the stop location is referred to by the following names and numbers: Stop #240: Merrimon Ave. at Edgewood Rd.
• The shelter was destroyed by a vehicle crash approximately 1 year ago and is included in the Transit Planning Division’s list of priority stops to be improved as part of the recently awarded $1 million Federal Transit Administration grant for bus stop improvements. The $5,000 donation will be used as matching funds for the grant.
• The donation will cover the purchase of the shelter and the cost to install the shelter will be funded through the federal grant. Acceptance of the donation does not impact other stop improvements planned as part of the grant project.
• The $5,000 donation will be allocated to the Transit Services Multi-Year Fund.

Vendor Outreach Efforts:

• N/A Committee(s):
• None Pro(s):
• Provides funding for improved comfort for transit users at a high ridership bus stop. Con(s):

None Fiscal Impact:

• Funds from the Oasis Recovery Center and Asheville Recovery Center will be used as match funds for the $1 million federal grant for bus stop improvements received in FY 2021.

Background:

• The City of Asheville contracts out the operations and maintenance of the Asheville Rides Transit (ART) fixed-route transit system.
• In 2017, the City of Asheville issued a request for proposals (RFP) for the operations and maintenance of ART and RATPDev USA was selected to be the contractor.
• The current contract is a four year contract with two optional 2-year extensions.
• The fourth year of the contract ended June 30, 2021 and the City opted to exercise the first of the 2-year optional contract extensions as of July 1, 2021 to ensure continued transit operations.
• The first 2-year option period will end June 30, 2023.
• In the adopted FY 2022 budget, the City Council allocated an additional $175,000 in transit funds to reflect the increase in annual cost for the continuation of the existing/current transit service levels.
• Amendment 2 reflects the increase in cost for the current/existing service, including the standard increase to the hourly revenue rate and monthly fixed fee.
• The Amendment also includes minor revisions to some language in the contract to further clarify roles and responsibilities.
• The City Council also allocated funding to support implementation of additional service (add frequency to the S3 and S6 routes and to extend the hours of operation later into the evening), however, due to the continued national driver shortage, the expansion of service has been postponed.
• Therefore, this contract increase does not include funding for the expanded service.
• Staff will return to Council to approve an increase to the contract when the transit service expansion becomes possible once required staffing levels have been reached.

Vendor Outreach Efforts:

• N/A
• this is a current contract. An extensive outreach process was conducted in 2017 when the transit operations and maintenance contract was put out for bid. Committee(s):
• N/A
• The Transit Committee and Multimodal Transportation Commission were informed of the proposed service increase and increase to the base budget during the budget process.
• Staff has notified the Transit Committee and Multimodal Transportation Commission that the planned service expansion has been postponed. Pro(s):
• This action will support the continuation of current/existing transit service levels. Con(s):

None Fiscal Impact:

• Amendment 2 includes an increase of $175,000 to the annual contract for transit operations and maintenance and reflects the increase in cost of continuing the current/existing transit service for FY 22.
• The FY 22 Transit Services Fund budget already includes the increase needed to continue the existing transit service.

to November 9, 2021. This motion was seconded by Councilwoman Kilgore and carried unanimously by roll call vote.

Community Development Programs Director Paul D’Angelo said that this is the consideration of a land use incentive grant to Kassinger Development Group (KDG) for 130 Charlotte Street. This public hearing was advertised on October 1, 2021. Review:

• KDG has applied for a Land Use Incentive Grant (LUIG) for their development at 130 Charlotte Street per the LUIG policy adopted by City Council and amended on June 22, 2021.
• The development is residential rental / mixed use with 186 total units,167 one bedrooms and 19 two bedrooms, with housing representing a majority of the overall rentable square footage.
• Of the 186 residential units, 37 rental apartments (20%) will be affordable, serving individuals and families earning at or below 80% of the Area Median Income (AMI), with half of those units, 19, accepting Housing Choice Vouchers / Rental Assistance for individuals and families at or below 60% AMI, for a minimum of 20 years. Note
• KDG is offering 30 years.
• The project encompasses 2.34 acres of land bound on Charlotte Street, pin number 9649-53-7348.
• The developer estimates a total development cost of approximately $42,900,000.
• Estimated Tax Value of the property is $26,970,000 post-completion.
• The project, as presented to staff, meets the following

Eligibility Requirements:

• The proposed development consists of two or more dwelling units for rent;
• At least 20% of the units will meet the affordability standards set by the City of Asheville for households earning at or below 80% of the Area Median Income (AMI).
• The affordable units will be affordable to and leased to income-eligible households for at least 20 years. Note
• KDG is offering 30 years.
• The proposed development is located inside the city limits.
• The proposed development provides residents convenient access to jobs, schools, and services.
• The proposed development is over the 70% residential threshold in use based on square footage not to include a parking structure if applicable.
• Per the LUIG Scoring Matrix and based upon the policy, the project will receive:
• 40 total points for affordability,
• 20 points for the location, and an additional
• 20 points for energy efficiency,
• for a total score of 80 points.
• Per the policy, this will equal 16 years of grants in the amount of the City Property Taxes payable on the 130 Charlotte Street Development.

Proposal:

• Affordable Rental Housing
• The proposed project will provide:
• thirty-seven (37) affordable units (20% of the total units) to individuals and families earning at or below 80% AMI,
• with 19 (50% of the affordable units) accepting rental assistance, for an affordability period of thirty (30) years.
• Under this category, the project qualifies for 30 points.
• Rental Assistance
• The proposed project will accept 19 Housing Choice Vouchers / Rental Assistance in the community, and possibly consider more.
• Under this category, the project qualifies for 10 points.
• Superior locational efficiency
• The proposed project is located:
• within .25 mile of a 1⁄2 hour transit stop served by an existing sidewalk,
• within 1 mile from a job or urban center, and
• within a .5 mile from a Transportation Amenity.
• Under this category, the project qualifies for 20 points.
• Energy Efficiency
• The developer has committed to using Energy Efficiency (EE) / Energy Star Certification and Solar Panels for the common areas.
• Under this category, the project qualifies for 20 points.
• Staff has scored the project with 80 points, which qualifies the project for sixteen (16) years of Land Use Incentive Grant. Committee(s):
• Housing & Community Development Committee
• September 21, 2021
• Unanimous Approval Pro(s):
• The proposed project will provide:
• 37 affordable rental housing units to households earning 80% or less of area median income,
• with half of those units, 19, accepting Housing Choice Vouchers / Rental Assistance for individuals and families at or below 60% AMI.
• The proposed project addresses the pressing need for affordable one-bedroom apartments with:
• approximately 32 one (1) bedrooms, and
• 5 two (2) bedrooms
• for a total of 37 affordable units;
• The proposed project will have an affordability period of thirty (30) years;
• The proposed project should have a significant economic impact.
• Construction wages and material purchases will positively affect the local and regional economy;
• The 37 affordable units are located in North Asheville (walkability score of 65
• somewhat walkable, bike score of 60
• bikeable, some bike infrastructure) and provide downtown employment & shopping options for individuals and families who fall within the 80% AMI incomes.
• KDG will communicate with the Asheville Housing Authority and others that they are accepting Housing Choice Vouchers and Rental Assistance as the development prepares to come online. Con(s):
• Cost estimates are not yet fully developed, and project costs as presented may change as it moves towards development.

Fiscal Impact:

• The parcel has a combined current tax value of $3,612,300 and pays city property taxes of approximately $14,558 annually.
• Under the estimated tax value of $26,970,000M post-completion, the annual city property tax will be approximately $108,689.
• The difference is $94,131 which would be granted to the property owner annually after payment for 16 years.
• For 16 years and 37 affordable units at or below 80% AMI, the city will grant back a total of $1,506,096 over the 16 years of the LUIG which equals $40,705 per unit of subsidy which is lower than the estimate of up to $80,000 in subsidy for 80% AMI homes as noted in Council Work Sessions and a subsidy cap noted in the LUIG Policy.
• After year 16, the City will receive the approximate $108,689 annually in city tax revenue (depending on future property tax increases, etc.).
• Please note the City will still receive property taxes of approximately $14,558 in years 1
• 16.
• The City sets aside a budget annually for Land Use Incentive Grants. In response to Councilwoman Wisler, Councilwoman Turner, Chair of the Housing & Community Development (HCD) Committee, said that this request was reviewed by the HCD Committee and received unanimous approval. In response to Councilwoman Turner, Mr. D’Angelo said that the affordable units will be spread throughout the building. He also said that once the renter surpasses the income level of 80%-120% AMI, they will have four months to make a decision on whether they can pay the full amount of rent or move out. Councilwoman Wisler was pleased to see that the developer has agreed to a 30 year commitment of affordability, not just the required 20 years in the LUIG. Mr. D’Angelo responded to Councilwoman Roney when she asked if our grant is based on the taxable value of the land or the end sale price of the land. Mr. D’Angelo said that it is based on taxable value and at this time it is only an estimate. But when we actually go to contract and the building is complete and we finalize the documents, i.e., deed restriction and this LUIG, we will look at the final taxable value to see how close that estimate was. But, the final taxable value is what we will base the grant upon. In response to Councilwoman Roney, City Attorney Branham said that if the final tax value comes in greater than the original estimate, the amount of subsidy will go up if tax value goes up. The net effect on the City is essentially the same. They would essentially receive a greater grant back only if the tax value was greater. Councilwoman Roney said that as we analyze how these LUIGs are working as they are finalized, the big picture is if we were to be partnering with groups that have permanently affordable housing as their mission, would we get farther in per unit than what we are attempting to do now. PUBLIC HEARING TO CONDITIONALLY ZONE 130 CHARLOTTE STREET FROM COMMUNITY BUSINESS I DISTRICT TO COMMERCIAL EXPANSION
• CONDITIONAL ZONE

Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Homeless Initiative Advisory Committee. Parker Smith has resigned as a member of the Homeless Initiative Advisory Committee, thus leaving an unexpired term until November 1, 2022. The following individuals applied for the vacancy: Sarah Rick, David Bartholomew, Angelique Brickner, Emily Kirchmeyer and Louisa Shipnuck Jones. It was the consensus of the Chair and staff liaison, and the consensus of the Boards & Commissions Committee to appoint David Bartholomew..

Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Human Relations Commission (HRCA). Tim Collins has resigned as a member of the HRCA, thus leaving an unexpired term until June 1, 2022. The following individuals applied for the vacancy: Amanda Benson-Bremseth, Michael Brown, Edie Welchert and Harvey Dean Harold. It was the consensus of the Boards & Commissions Committee to appoint Harvey Harold.

Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Noise Advisory Board. On July 27, 2021, City Council adopted Ordinance No. 4390 amending the Noise Ordinance. Said ordinance dissolved the Noise Ordinance Appeals Board and in its place adopted a Noise Advisory Board. Seven members will need to be appointed to the Board as follows: three residents, one representative of the restaurant industry, one representative of the industrial or construction industry, one professional in acoustic engineering or related field; and one representative of the performing arts. The following individuals applied for the vacancies: Charles Beck, Jeffrey Fromson, Maria Burril, Rick Freeman, Larry Holt, Megan Riley, Sharron Davis, Drew Dodge, Fletcher Maffett, Nancy Curtis, Eric Riffe, Jim Comer, Hernan Navarro, Seldern Porter Haizlip, Charles Warner, Michael Fulbright, Catherine Reed, Jessica Tomasin, Sunset Carson Appleton, Elliott Eichler, Elizabeth Whalen Tallent, Jeffrey Santiago, Dana Robertson, Lillianna Woody, James Harwood, Anoop Krishnan, Sally Spiegel, Matthew Calton, Carmelo Pampillonio, Nick Malgieri and Ryan Hargis. It was the consensus of the Boards & Commissions Committee to appoint Jeff Santiago, Rick Freeman, Charles Beck, Jessica Tomasin, James Harwood, Anoop Krishnan, and Carmelo Pampillonio.