City Council regular meeting — January 11, 2022

Background:

• The Planning Work Program (PWP) Grant of the FBRMPO funds planning and feasibility studies that can begin work in FY 2023; previously funded projects include the Transit Master Plan and the Biltmore/McDowell Corridor Study.
• The Metropolitan Planning Organization issued a call for PWP applications from November 18 until December 23, 2021.
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• - Transportation and Planning staff propose to request funds for a comprehensive land use and transportation network plan for an approximately ½ mile wide corridor of Patton Avenue; starting from the eastern end of the Captain Bowen Bridge and ending at Pritchard Park. This project would use anticipated changes in land use and transportation as part of the upcoming I-26 Connector Project as the starting context for the plan; it would build on a significant number of plans and investments recognizing the significance of future development of this area, such as the 2018 Sam Schwartz Final EIS Technical Memorandum. City staff was unable to get the action on the agenda for the December 14, 2021 meeting due to the short time-frame between learning of the grant opportunity, identifying an eligible priority project, and the application deadline. Therefore, the requested action constitutes a request for retroactive approval. The FBRMPO has not set a budget amount for the program; the City’s requested amount of $350,000 reflects a scope of work that can be scaled down if that amount is not available. A 20% local match is required;the Planning and Urban Design and Transportation staff can work with Budget staff to consider the match as part of the FY22-23 budget process. Committee(s):
• Staff did not present this item for Planning and Economic Development Committee (PED) review due to the short time staff had to learn about and consider the call for projects. Pro(s):
• Provides authorization for the City to receive grant funding to implement a strategy outlined in the city’s adopted Comprehensive Plan, Living Asheville; and implement Goal 20 of Council’s 2018 Strategic Priorities list.
• Will help provide planning guidance for future capital improvements that may impact adjacent communities, including neighborhoods in lower income census tracts. Con(s):
• None.

Fiscal Impact:

• If the grant is awarded, the City is required to provide 20% of the grant amount in matching funds (up to $70,000) in order to sign an agreement and accept the funds.
• Matching funds are not currently part of the adopted budget, but as noted above would be included for consideration as part of the FY 22-23 budget process if the grant is awarded.

Background:

• Design of the project began in August 2018, following approval of the GO Bond Referendum to provide additional indoor & outdoor recreation/community space and necessary support facilities for the Dr. Wesley Grant Sr. Center.
• In September 2019, city council authorized an amendment to the Dr. Wesley Grant Sr. Center design contract to include a new outdoor pool facility to replace the failing Walton Street Pool.
• Due to the unique nature of the recreation and outdoor pool facility, city staff prequalified nine general contractors based on their experience with similar projects according to NCGS 143-135.8.
• Six bidders provided construction bids for this project on April 29, 2021. The lowest responsive and responsible bid was provided by Elford, Inc. with a bid of $5,863,360.
• City council was presented with an update on the project and bid status at their June 8th, 2021 council meeting.
• City staff planned to take to the following June 22, 2021 council meeting the recommendation for award to the low bidder, but due to an expressed concern from council regarding certain project elements and community engagement, the recommendation was not presented and the bids expired.
• Additional community and council engagement followed in the fall of 2021, which resulted in confirmation that the previous project scope was appropriate and had sufficient community buy-in.
• The project was re-bid on 12/09/2021 to the same pre-qualified general contractors.
• Five bids were received and formally opened.
• The resulting bids, including owner approved bid alternates, are listed below: Contractor Location Amount Harper General Contractors Asheville, NC Branch $ 6,785,356.00 H&M Constructors Asheville, NC $ 6,831,200.00 Elford, Inc. Charlotte, NC $ 6,835,400.00 Brantley Construction Weaverville, NC $ 7,929,509.00 Randolph & Sons Charlotte, NC non-responsive
• Construction start is expected in Spring 2022, but due to the uncertainty in delivery and procurement for steel products on this project, the contractor will be provided an initial notice to proceed with steel shop drawing production.
• Once dates are established for delivery of steel, the contractor will be provided with a notice to proceed for the remaining construction, which will include a 420 calendar day construction duration.

Vendor Outreach Efforts:

• Staff performed outreach to minority and women owned businesses through multiple solicitation processes which include direct outreach to all ABI listed subcontractors, posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to HUB certified service providers for subcontracted services.
• ABI subcontractors were targeted and invited to the pre-bid meeting to meet the prequalified General Contractors.
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• - Harper General Contractors supplied as a part of their bid all of the ABI outreach documentation as required. Although not a part of the award process, Harper General Contractors provided detailed documentation after bids were received of their outreach efforts and were able to inform us that an increase of their HUB subcontractor participation to 14%, or $958,990. This will include five HUB businesses and two black owned businesses (Hemon BIM for Building Information Modeling, and MS Lean for site demolition, hauling, and construction access roads). There are many smaller general services that will be needed throughout the project, and Harper intends to bid and contract those with local black owned businesses whenever possible. Committee(s):
• N/A Pro(s):
• Allows construction to proceed on the GO Bond funded project to provide an expanded gymnasium and community pool to serve the Southside community.
• Construction includes installation of a 110.7 KW photovoltaic system to be mounted on the roof of the new gym building which will generate upwards of 60 percent of the total buildings energy use.
• 42% of the project costs will be spent locally in Western North Carolina. Con(s):
• Construction schedule may be impacted by material and labor slowdowns due to the pandemic.
• Costs have increased significantly since this project was first bid. Any additional delays will likely cause additional increases to the cost of the project.

Fiscal Impact:

• Funding for this contract already exists within the currently approved Capital Improvement Program as part of the 2016 GO Bond. Total amount of contract including alternates is $6,734,000.00 plus a contingency for possible change orders of $1,017,803.00

Background:

• Owner of the property approached the Real Estate office requesting a sewer easement for a rental property.
• The property is currently served by a septic system that is failing.
• The property owner provided a map that showed that the connection is at the rear property line and the easement would consist of 150 square feet.
• The only reasonably feasible way for the property owner to connect to the Metropolitan Sewer District’s line is across city property.
• The owner has few feasible options for a sewer connection at this location.
• The property is being land banked for affordable housing, but the development timetable is uncertain at this point.
• The owner was asked to move the sewer connection line close to the adjacent property to impact the buildability of the City’s lot as little as possible.
• Language will be added to the easement document to allow the city to move the connection in the future and the property owner will be required to share in the cost.
• The owner of the property will compensate the City fair market value for the easement.
• The Real Estate Office reviewed active listings in the area and the fair market value of this easement is $345.00. Committee(s):
• None. Pro(s):
• Easement will allow the property owner to replace a failing septic system that is within City limits, thereby eliminating a potential public health hazard.
• Property Owner will be paying market value for the easement. Con(s):
• The sewer connection may have to be relocated at a later date and the owner will be required to participate in the expense.

Fiscal Impact:

• The fair market value of the easement in the amount of $345 will benefit the General Fund.

Background:

• As part of its ongoing operations, the City enters into various contracts and purchase order agreements throughout the fiscal year.
• Budget funds are encumbered for the full amount of the expected purchase.
• These contracts and purchase orders are often not fully completed and paid in one fiscal year.
• North Carolina General Statutes provide authorization for local governments to reserve the unexpended portion of these prior year commitments and roll those budgets forward to the new fiscal year.
• As a part of the FY 2020-21 annual audit, staff identified prior year commitments and carry-over appropriations to roll forward to FY 2021-22.
• These dollar amounts were deducted from the unassigned fund balance amounts that were reported in the Annual Comprehensive Financial Report.
• The technical budget amendment will provide authorization to officially appropriate these amounts in the FY 2021-22 budget for each of the City’s annual operating funds.
• It is standard practice for staff to bring forward this technical budget amendment each year at the same City Council meeting in which the external auditors present the annual audit results. Committee(s):
• None Pro(s):
• Provides budget authorization for prior year contracts, purchase orders, and other carry-over appropriations that rolled forward to FY 2021-22. Con(s):
• None.

Fiscal Impact:

• There is no impact on unassigned/available fund balance in the City’s operating funds.

Background:

• On November 9, 2021, City Council approved Resolution No. 21-241, which authorizes the City and the County to enter into an agreement to consolidate 9-1-1 Services.
• This requires the City of Asheville to interface the City’s radio system to the County's audio logging system.
• Carolina Recording Systems is the dealer Buncombe County uses for their 9-1-1 audio logging system who is responsible for maintenance and warranty on their system.
• This contract will provide the needed software license and components for them to interface our radio system to the County's logger.
• This was generated in consultation with the City’s radio system manufacturer, Motorola Solutions.

Vendor Outreach Efforts:

• Sole source/standardization procurement allows for products to be purchased exclusively from one vendor in order to ensure the expansion of an existing system using proprietary components.
• In using sole source/standardization procurement, there is no further outreach conducted because the items are purchased from a specific vendor.
• Because the City is interfacing with the Buncombe County 9-1-1 system, items are being purchased from their existing audio logging supplier. Committee(s):
• None Pro(s):
• This action supports the City’s goal to reimagine public safety by integrating the City’s radio system with the consolidated 9-1-1 system. Con(s):
• Sole source procurements may reduce competitive pricing.

Fiscal Impact:

• The one-time cost of integration of $92,140, is already included in the adopted Police Department budget.

Background:

• In October 2020, and April 2021, the City Council approved two Donation Agreements providing funds to the Asheville City Schools Foundation for the establishment of two scholarships.
• In October 2021, a lawsuit was filed against the City and others by WNC Citizens for Equality, Inc. challenging the legality of the donations.
• While the City disputes the allegations of the lawsuit, the plaintiff has now agreed to resolve this matter if the donation agreements are amended with updated language.
• These amendments will alter the eligibility requirements for the scholarships and add language prohibiting discrimination.
• The amended language will be as follows: Paragraph 1 shall be amended to replace the second and third sentences of Paragraph 1 with the following sentences: “The first is for a scholarship to be awarded in perpetuity to high school students within Asheville City Schools, based on the following criteria: In addition to the criteria set forth for all ACSF scholarships, the scholarship will give preference to applicants whose household members, including parents and/or guardians have a high school education or less, these applicants representing “first generation” college students. Additionally preference will be given to applicants who are committed to pursuing a career in education. The second is for a scholarship fund for educators and staff of Asheville City Schools who are pursuing their next level of education and/or certification, with a preference for applicants who are or were “first generation” college students.” Paragraph 10 in each agreement shall be amended to add the following text: “ACSF shall be prohibited from discriminating based on any of the following characteristics of any applicant for award of the scholarships that are the subject of this Donation Agreement, whether the scholarship be for students of Asheville High School or employees of Asheville City Schools: race, natural hair or hairstyles, ethnicity, creed, color, sex, sexual orientation, gender identity or expression, national origin or ancestry, marital or familiar status, pregnancy, veteran status, religious belief or non-belief, age or disability.” Committee(s):
• None Pro(s):
• Resolves a pending lawsuit with no financial liability for the City, and preserves the Asheville City Schools Foundation scholarships. Con(s):
• None.

Fiscal Impact:

• None.

Urban Planner Vaidila Satvika said that this is the consideration of an ordinance to rezone approximately 128 acres of property from Regional Business District, River District, RM-16 Residential Multi-Family High Density District, and RS-4 Residential Single-Family Medium Density District to Urban Place Form District. This public hearing was advertised on October 15 and 22, 2021. On October 26, 2021, this public hearing was continued to this date. Project Location and Contacts:

• The project sites are located along South Tunnel Road and summarized by the current zoning district on the right.
• Owners: various

Background:

• This city-initiated petition aims to implement the Urban Centers initiative, which is a recommended growth strategy of Living
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• Asheville, the city’s long-range comprehensive plan. The request totals approximately 128 acres of property to be rezoned to Urban Place Form District. This petition is phase two of a two phase rezoning process that prioritizes the rezoning of those urban centers identified in the city’s Future Land Use Map (FLUM), which are located closest to the Central Business District and also on the high-frequency transit network.
• City Council adopted the Urban Place Form District on September 28, 2021 along with the rezoning of phase I, which totalled approximately 122 acres of rezoned land.
• The rezoning will allow for the built environment of these properties to transition over time so that they become more urban and walkable, and better aligned with the city’s long-term goals. The rezoning will lead to a more efficient use of land that encourages housing and incentivizes affordable housing along transit routes. Staff have prepared an equity analysis of the proposed rezoning using the Racial Equity Toolkit: An Opportunity to Operationalize Equity, as prepared by the Local and Regional Government Alliance on Race and Equity. Staff met with the Legacy Neighborhoods Coalition (LNC) six times between January and August 2021 to discuss neighborhood concerns around displacement, ongoing development and neighborhood involvement in the development process. This community work led staff to recommend removal of the Patton Avenue node from Phase II to allow more time to develop neighborhood stabilization strategies identified through application of the Equity Toolkit and balance the goals of addressing equity and community concerns with other city goals related to the built environment. Staff met with the management staff of the Asheville Mall to review the proposed rezoning and answer questions. The mall management is generally in support of the goals of the rezoning. It was made clear that the mall is for sale, however, so there is complete uncertainty in that regard.

Comprehensive Plan Consistency:

• This proposal aligns with a number of themes within the Living Asheville Comprehensive Plan including ‘A Livable Built Environment’ and ‘A Resilient Economy'. The following goals are applicable to this zoning amendment:
• Encourage Responsible Growth; prioritize growth and development within designated growth areas
• Increase Mixed-Use Development Along Transit Corridors
• Promote Great Architecture & Urban Design to Enhance Placemaking
• Make Streets More Walkable, Comfortable and Connected
• Increase and Diversify Housing Supply; incentivize development that maximizes public benefit
• Promote the Development and Availability of Affordable Housing and Workforce Housing; promote affordable housing policies via incentives such as bonus densities and building heights
• The proposed rezoning aligns with the Future Land Use Map (FLUM) that is designated as Town Center in this area, which can be thought of as a more intensely developed Urban Center.

Compatibility Analysis:

• The proposed boundaries of the Urban Place Form District were derived from the Town Centers Land Use category of the Future Land Use Map adopted in the Living Asheville Comprehensive Plan.
• - The Urban Place zoning district is deemed to be in alignment with the Town Center land use category. Compatibility is achieved by targeting existing commercial nodes with the ability to absorb additional density and mixed use development due to their location in areas with adequate infrastructure and along high frequency transit corridors. Council Goal(s):
• A Well-Planned and

Livable Community Committees:

• On January 14, 2019, the Planning and Zoning Commission unanimously supported staff’s revised process for the Urban Center initiative, which includes consideration of a new zoning district for the subject areas and additional community engagement.
• On February 11, 2019, staff provided an update to the Planning and Economic Development Committee (PED) that clarified redevelopment within Urban Center locations is not permitted while the rezoning application is under consideration.
• On September 5, 2019, an update was provided to the Affordable Housing Advisory Committee (AHAC) with input received regarding the incentive for affordable housing.
• On January 13, 2020, an update was provided to PED that included proposed incentives for housing. Staff also shared neighborhood concerns relating to gentrification.
• At the October 27, 2020 City Council work session on the hotel development regulations Council suggested that staff postpone the consideration of the Patton Avenue node from the project and allow the other areas to move forward and recommended that staff add the Asheville Mall node to the initiative as part of a Phase II rezoning effort that would include the Patton Avenue node.
• On September 1, 2021, the Planning & Zoning Commission voted to approve Phase I of the initiative with a 6:1 vote.
• On September 23, 2021, staff recommended to the City Council to remove the Patton Avenue node completely from Phase II of the Urban Centers Initiative.
• On September 28, 2021, City Council adopted the Urban Place Form district and rezoned Phase I properties.
• On October 6, 2021, the Planning & Zoning Commission voted to approve the rezoning of Phase II properties with a 6:1 vote.

Pros:

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• Implements zoning regulations recommended in the comprehensive plan, Living Asheville Incentivizes the integration of market rate and affordable housing on large commercial parcels Form-based zoning regulations will create a more urban-style pattern of development. Transitions single-use commercial strips to walkable, mixed-use nodes along higher frequency transit corridors. Improves the efficiency of land that in time will help to improve the city’s tax base.

Cons:

• Increases development cost due to added requirements for large projects (formalizing internal streets with sidewalks and, on larger projects, housing, etc).
• Zoning changes that encourage redevelopment will increase property values over time that can increase neighboring property values.

Staff Recommendation:

• Staff recommends approval of this rezoning request based on the reasons stated above. Mr. Satvika said the key takeaways from this are (1) The Urban Place Form District is a zoning “tool” to help implement a growth strategy in the Living Asheville Comprehensive Plan; (2) With a population of almost 95,000, Asheville continues to grow and we need to better align new development with our transit system and other city infrastructure; (3) This alignment will further increase transit access and reduce carbon emissions; (4) Housing, including affordable housing, is an important element of this proposal; and (5) This is the second phase of the Urban Place Form District initiative (Council approved Phase 1 in September 2021). The Urban Centers goals from the Living Asheville recommends strengthening urban transit corridors and centers to (1) Accommodate a growing population and support job growth; (2) Integrate affordable housing closer to jobs; (3) Improve connectivity with walkability that supports transit; and (4) Support a healthy environment with quality urban design that improves tree canopy and urban open spaces. Benefits of the comprehensive plan growth strategy, which includes urban centers are (1) citywide transit usage increase; and (2) greenhouse gas emissions reduction. There are 11 proposed Urban Centers on the City’s Preferred Growth Scenario map and five Town Centers. The current rezoning focuses on one area that is composed of 128 acres of property around the Asheville Mall. Using maps, he showed the future land use map; current zoning and parcels affected; and existing and proposed zoning. In response to Mayor Manheimer, Mr. Satvika said that the K-Mart on Patton Avenue property has been removed from rezoning discussions to Urban Place Form District as City Council has not given staff further direction on pursuing that rezoning. He did note that there is an application from the owner of that property. Since that application is for a conditional zoning, it will come before City Council for review. Mayor Manheimer opened the public hearing at 7:06 p.m., and when no advanced callers signed up, she closed it at 7:06 p.m. Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.

Principal Planner Shannon Tuch said that this is the consideration of an ordinance to conditionally zone 235 Sardis Road from Commercial Industrial District to Residential Expansion/Conditional Zone. This public hearing was advertised on December 31, 2021, and January 7, 2022. Project Location and Contacts:

• The project site consists of a single parcel totalling 22.1 acres located at 235 Sardis Rd. (PIN 9627-01-8639)
• Owner: VVS Investments LLC. Summary of

Petition:

• This petition is for the purpose of constructing 297 new multi-family residential units in six buildings, along with a clubhouse, 437 surface parking spaces, sidewalk and related site improvements.
• Phase 1 includes buildings 1-4 and the clubhouse for a total of 192 units and 263 parking spaces;
• Phase 2 includes buildings 5 & 6 for a total of 105 units and 174 parking spaces.
• The property is currently zoned Commercial Industrial (CI) and the applicant is seeking a rezoning via conditional zoning to Residential Expansion
• Conditional Zone (RES EXP-CZ) due to the number of residential units.
• Five of the six buildings are proposed to be four stories with the sixth building identified as three stories.
• The maximum height of the four story building is 52 feet and the maximum height of the three story building is 40 feet.
• The clubhouse will be one story with a maximum height of 20 feet.
• A single 0.80 acre parcel is proposed to be subdivided from the subject property and will have frontage on Sardis Rd. It is proposed that this small parcel will be excluded from the conditional rezoning.
• An adjacent parcel, located at 233 Sardis Rd. is included for the purpose of providing additional access to the property and is not included in the conditional zoning.
• Based on the Living Asheville Comprehensive Plan Future Land Use Map (FLUM) the property is currently designated Industrial/Manufacturing, which reserves land with good access to transportation systems to support the economic section for light industry and office or business incubators.
• While Industrial/Manufacturing may include opportunities for housing for workers who may live amongst or adjacent to the industry or other businesses in the area, the property is adjacent to a large single-family neighborhood designated “Residential Neighborhood”.
• A change to the FLUM is recommended.
• The maximum density in the RES EXP district is 20 units/acre
• the proposed project is designed at approximately 13.4 units/acre.
• The applicant is proposing that 10% of the units (30 units total) be set aside as affordable to those earning at or below 80% AMI for a minimum period of 20 years.
• A Land Use Incentive Grant (LUIG) is not being requested for this project.
• Access to the property comes from Sardis Road through one of three potential access points. Two of the three access points are new driveways on Sardis Rd. while the third comes through an existing private road (Innovation Dr.) currently used by the Franklin School of Innovation, located to the west of the subject property.
• Internal private roads are also proposed connecting the two phases to Sardis Rd.
• Roads are proposed to be 25 feet wide with a 29 foot cross section.
• A three foot bike lane is proposed within the 25 foot road width, leaving 22 feet of vehicular driving surface.
• The Traffic Impact Study recommends some off-site improvements including: 1) adding a left-turn lane along the eastbound approach of Sardis Rd. at its intersection with Innovation Drive, as well as 2) signal timing modifications at the intersection of NC 112 and NC 191.
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• The nearest transit route is approximately 1.7 miles to the east on NC191. RES EXP requires 10 foot wide sidewalks throughout the site. This project proposes sidewalks that range in width from 6-10 feet and will be seeking a modification to this requirement for some sections through the conditional zoning. Walking paths are also proposed on the north end of the site along the creek. Hominy Creek borders the property to the north, and several tributaries to Hominy Creek are found on the property. Tributaries are piped and/or bridged for sections, as shown on the site plan(s). The applicant proposes to improve the existing tributaries by revegetating the aquatic buffers with native, riparian plants. Open space shall be required at a rate of 15% of the total parcel (148,500 s.f.) and will include walking trails. The project is classified as “suburban” under the tree canopy preservation (TCP) standards with a classification of “Class C”. The proposed plan will comply with TCP requirements. The project is seeking technical modifications to development standards through the conditional zoning process including:
• Sidewalks less than 10’ in width for some sections. Consistency with the

Comprehensive Plan:

• 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 in areas close to jobs and schools
• Increase and Diversify the Housing Supply
• by providing contextually appropriate infill development that includes housing, especially affordable housing
• Promote Access to Well-Maintained Parks and Open Space for All
• by encouraging the preservation of green spaces and natural waterways, and by providing access to those natural areas

Compatibility Analysis:

• Portions of Sardis Rd. continue to be dominated by industrial, light industrial/commercial uses; however, the character of the area is changing to include more service businesses, community facilities, and residential neighborhoods.
• Despite being zoned Commercial Industrial (CI) the bulk of the subject property lies between the Franklin School of Innovation, a 13.7 acre campus for grades 5-12 to the west, and a large single family residential neighborhood to the east.
• Hominy Creek is located to the north of the subject property and will include 30’ aquatic stream buffers.
• A portion of the subject property along Sardis Rd. is proposed to be subdivided and remain zoned CI to allow for future commercial development. Committee(s):
• Technical Review Committee (TRC)
• August 2, 2021
• approved with conditions.
• Planning & Zoning Commission (PZC)
• December 1, 2021
• approved unanimously, 7:0.

Staff Recommendation:

• Staff recommends approval of the project, for the reasons stated above. Ms. Tuch said that the multi-family apartment buildings, built in two phases: 297 residential units; Clubhouse + walking trails; 12 on-site garage/storage units; Hominy Creek to the north + jurisdictional streams; 3 vehicular access points; 437 surface parking spaces; 6-10’ wide sidewalks; 10% (or 30 units) dedicated to be affordable; and 0.80 acre parcel removed for future Commercial Industrial development. Phase I will consist of Buildings 1-4 + Clubhouse; 192 Units; and 263 parking spaces. Phase II will consist of Buildings 5-6; 105 units; 174 parking spaces; and 12 on-site garage/storage units. Conditions include technical modification (sidewalk width); 297 residential units, 10% affordable (will accept housing vouchers); walking trails, preservation of green space & streams/creeks; internal connections, multi-modal access; 2 year approval period; and compliance with Traffic Impact Analysis recommendations. Councilwoman Roney said that when she mapped this area to our existing transit options and our future Transit Master Plan recommendations for expansion, Enka-Candler and west extensions are meant to be Phase III. We are in Phase II of the master plan, but we haven’t been able to implement Phase II because of staffing limitations. We need more transit and must work with the County and partners for this to happen. In response to Councilwoman Roney, Damie Sesay, attorney for the developer, explained how they are working with the Housing Authority of the City of Asheville and Thrive Asheville to ensure that voucher holders are housed. Mayor Manheimer opened the public hearing at 7:19 p.m., and when no advanced callers signed up, she closed it at 7:19 p.m. Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.

Principal Planner Shannon Tuch said that this is the consideration of an ordinance to conditionally zone a portion of 990 Tunnel Road from RM-6 Residential Multi-Family Low Density District to Office II District/Conditional Zone. This public hearing was advertised on December 31, 2021, and January 7, 2022. Project Location and Contacts:

• - The project site consists of a 0.99 acre portion of a larger 1.39 acre parcel located at 990 Tunnel Rd. (PIN 9668-07-8758) Owner: James Mills & John Laney Jr. Summary of

Petition:

• This petition includes a single two-story professional office building to be used as a dental clinic, along with surface parking, sidewalk, landscaping and related site improvements.
• The property is currently zoned Residential Multi-family, Low Density (RM-6) and is designated “Residential Neighborhood” on the city’s Future Land Use Map (FLUM).
• A conditional rezoning of the project area, as well as a change in the FLUM, is required in order to allow for an office use.
• The subject property is proposed to be subdivided with Lot 2 to remain residentially zoned and reserved for future residential development.
• The rezoning and commercial development will be limited to Lot 1 which will meet all dimensional requirements for the proposed O2 zoning.
• The maximum height of buildings in the O2 district is 40’. The proposed building will not exceed 40’ in height.
• The maximum structure size of a single building in the O2 zoning district is 16,000 square feet (for a multi-storied building). The proposed building will not exceed 14,000 square feet.
• 49% of the site will include impervious surfaces, falling under the maximum 80% allowed.
• 40 surface parking spaces are proposed, meeting the minimum parking requirement of 1 space/350 square feet of office space.
• Two handicap accessible spaces are required and provided.
• The project area has road frontage on both Tunnel Rd. and Campground Rd. but access will be limited to a single driveway on Tunnel Rd.
• The nearest bus stop is located approximately 330 feet to the east of the project entrance on Tunnel Rd. near the intersection of Tunnel Road and Maple Springs Road.
• Landscape requirements apply, including street tree, street buffer, parking lot, and property line buffer (Type A) landscaping.
• The proposed development is less than one acre and therefore, open space is not required.
• An existing stream runs along the eastern property boundary and is protected with a 30’ aquatic stream buffer.
• The project is classified as “suburban” under the tree canopy preservation standards with a classification of “Class C” with 0-40% existing canopy coverage.
• The Tree Canopy Preservation requirement for this project is 20%.
• The project is seeking several modifications including:
• Retain the existing 5’ back of curb sidewalk on Tunnel Rd.
• Relocate a portion of the required landscape buffer on the east side of the property (adjacent the stream buffer) away from the property line. Consistency with the

Comprehensive Plan:

• This project meets a number of key city goals in the Living Asheville Comprehensive Plan including:
• Promote General Health and Wellness
• by accommodating modern small-scale medical facilities … within every neighborhood.
• Encourage Responsible Growth
• by prioritizing development within designated growth areas.
• Facilitate Real Estate Development that Maximizes Public Benefit
• by supporting the development/redevelopment of sites that are underutilized.

Compatibility Analysis:

• The subject property is located directly on Tunnel Rd. (US Hwy 70) and the proposed building is oriented towards this primary corridor with parking in front of the building, consistent with other highway corridor development.
• The subject property is somewhat isolated and is separated from:
• A large (18+ acre) school (Bell Elementary) to the east by a 40’ right-of-way for Maple Springs Rd.;
• The backyards of residential properties to the south by a highway right-of-way for Tunnel Rd. (US 70) that ranges from 90-175’ wide;
• Residential properties to the north by a 40’ wide right-of-way for Campground Rd. and a change in topography where the subject property sits 10-35’ lower than the residences; and,
• Residences to the west by reserving a portion of the subject property that will remain residentially zoned that will help buffer the existing residences.
• The UDO states that the purpose of the Office II zoning district includes serving as, “ . . . a transition between residential areas and commercial areas”.
• In regards to potential land use conflicts, the proposed medical office is more compatible with the residential uses surrounding the project area, while consistent with the non-residential corridor development.
• The proposed building is small in scale and consistent with both mid-sized multi-family and businesses on the corridor. Committee(s):
• Technical Review Committee (TRC)
• November 15, 2021
• approved with conditions.
• Planning & Zoning Commission (PZC)
• December 1, 2021
• approved, 6:1. It was recommended by some commissioners that the existing bus stop be improved with a transit shelter but was not made a condition of approval.

Staff Recommendation:

• Staff recommends approval of the project, for the reasons stated above. Ms. Tuch said that project conditions include language to encourage compatibility with the residential character of the neighborhood; pitched or angled roof; prominent front entrance; exterior materials to be consistent with those found on residential structures in the area; minimum 20% glazing/fenestration on front facade; required articulation; and no or minimal tinting on windows (in discussion, subject to change). Conditions include maximum two-stories; maximum 14,000 s.f.; off-site sidewalk on Maple Springs Rd. (subject to Buncombe County School approval); sidewalk easement
• Campground Road; building design standards; technical modifications (1) sidewalk width
• Tunnel Road; (2) buffer location; and (3) buffer reduction (to be determined); and 2-year approval period. In response to Councilwoman Roney, Ms. Tuch said that they have received positive feedback from Buncombe County Schools to allow a sidewalk on Maple Springs Road be built; however, there is a condition that if they are unable to receive permission, that the developer will pay a fee-in-lieu of for a sidewalk along Campground Road. Mayor Manheimer opened the public hearing at 7:27 p.m., and when no advanced callers signed up, she closed it at 7:27 p.m. Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.

was created in

• December 2021 after the State of North Carolina was awarded more than $38 million in federal funds to establish a new water assistance program for households affected by the COVID-19 pandemic. LIHWAP is a temporary emergency program that helps eligible households and families
• afford water and wastewater services. The program provides a one-time payment for eligible low-income households directly to
• the utility company. LIHWAP runs through September 2023 or until the funds run out. The NCDHHS announced the Low-Income Household Water Assistance Program will
• expand to include all low-income households needing assistance in paying their water bill.
• Buncombe County will be caring for applications for assistance through our community partner Eblen Charities.
• Eblen Charities will qualify applicants and provide approved payments to the City of Asheville Utility Billing Accounts Payable Department.
• The City of Asheville Water Resources Department has registered with NCDHHS to enable customers in need of assistance to be eligible to apply through the program. Committee(s):
• None Pro(s):
• This program assists customers in need of assistance for uninterrupted water service. Con(s):

None Fiscal Impact:

• None expected although a small increase in water revenue is possible. Patrick Conant supported the City’s participation in this program; however, he asked that the City take a closer look at the City’s policies for water cutoffs. Mr. Melton responded to various questions/comments from Council, some being, but are not limited to: confirmation that this program does include sewer; confirmation that the City will have a water spike monitoring system in the future; explanation of the City’s payment assistance plans and our leak adjustment programs; confirmation that the City works with 14 charitable organizations that they refer people that need help with their water bills to those organizations; confirmation that the City’s goal is to keep water flowing to all our customers; and confirmation that the Water Services Department is an enterprise fund and by statute we must charge for those services, but we do have avenues for help and aid. City Manager Campbell said that we will do additional outreach through our Neighborhood Services Division, along with posting the other types of payment assistance programs that are available, along with other organizations that will help those in need. We will also coordinate with Buncombe County on any opportunities they have related to payment assistance.

Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Affordable Housing Advisory Committee. Amber Banks has resigned, thus leaving an unexpired term until September 1, 2022. The following individuals applied for the vacancy: Jessie Figueroa, Kyle Gilliland, Jeffrey Vanderlip, Kathleen Hasegawa, David Bartholomew, Andrew Garrard and Emily Axtman. The Affordable Housing Advisory Committee Board Chair recommended, and the Boards & Commissions Committee concurred, 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 Board of Adjustment. The term of Robert Carroll (Alternate member) expires on January 21, 2022. The individuals applied for the vacancy: Michael Luciano and Elliott Smith. Boards & Commissions Committee recommended appointing Michael Luciano as an Alternate member to the Board of Adjustment.

Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Civic Center Commission. Mitchell Eaton has resigned, thus leaving an unexpired term until June 30, 2024. The following individuals applied for the vacancy: Kim Oliver, Kevin King, Chad Evans, John Pierce and Todd Cash. The Civic Center Commission and staff recommended the appointment of John Pierce; therefore, it was the consensus of the Boards & Commissions Committee to appoint John Pierce.

Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Downtown Commission. The terms of Robin Raines, Franzi Charen, Dane Barrager and Guillermo Rodriguez expired on December 31, 2021. The following individuals applied for the vacancy: Tal Frankfurt, Douglas Buchalter, Clair Greear, Ricardo Siejo, Drew Fowler, Nicholas Dugan and Carl Thomas Hughes. The Downtown Commission and the Boards & Commissions Committee recommended reappointing Robin Raines and Guillermo Rodriguez; and appointing Tal Frankfurt and Ricardo Seijo.

Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Metropolitan Sewerage District Board of Directors. The term of Chris Pelly expires on January 19, 2022. The following individual applied for the vacancy: Derek Weekley. The Boards & Commissions Committee recommended appointing Derek Weekley.

Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Riverfront Redevelopment Commission. The term of Jane Mathews expired on January 1, 2022. The following individuals applied for the vacancy: Kathryn Ancaya, Douglas Buchalter, Daniel Ratner, Ben Williamson, Christopher Fundanish, Nicholas Dugan, Brian Loftus, Christina Booher, Aaron Ryba, Brian Cook and Ricardo Seigo. The Boards & Commissions Committee recommended appointing Kathryn Ancaya..

Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Sustainable Advisory Committee on Energy & the Environment (SACEE). The terms of Anna Priest, Keith McDade and Chris Pelrine, as members of SACEE, expired on December 31, 2021. The following individuals applied for the vacancy: Kathryn Ancaya, Kelsey Wood, Jerad Crave, Michael Totten and Cara Fiano. The SACEE Board Chair recommended and the Boards & Commissions Committee moved on a 2-1 vote in reappointing Anna Priest and Chris Pelrine and appointing Michael Totten.

Vice-Mayor Smith, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Urban Forestry Commission. The terms of Stephen Hendricks and Amy Smith as members of the Urban Forestry Commission, expired on December 31, 2021. The following individuals applied for the vacancy: Deborah Margaritov, Zoe Hoyle, Karen MacNeil and Nick Biemiller. At the recommendation of the Urban Forestry Commission, the Boards & Commissions Committee recommended reappointing Amy Smith and appointing Zoe Hoyle.