Asheville Council Votes
Public records of the Asheville City Council, made readable

City Council regular meeting — October 11, 2022

Asheville City Council recorded 12 votes at its regular meeting on October 11, 2022; 1 drew at least one no vote. Most items concerned Boards & Appointments, Zoning & Land Use and Administrative.

Voting: Sandra Kilgore, Esther E. Manheimer, S. Antanette Mosley, Kim Roney, Sheneika Smith, Sage Turner, Gwen Wisler.

12recorded votes
1split votes
0failed
0members absent

Split votes

Item IV-B · ORD 4793 · Zoning & Land Use · Ordinance

Conditionally zone 100, 54 & 99999 Woodland Dr from RM-8 to Residential Expansion/CZ (add 2 EV charging stations)

Passed6–1 · Moved by Sandra Kilgore, seconded by Sage Turner

No: Kim Roney  ·  Yes: Sandra Kilgore, Esther E. Manheimer, S. Antanette Mosley, Sheneika Smith, Sage Turner, Gwen Wisler

Staff report summary

99999 (x3) WOODLAND DRIVE FROM RM-8 RESIDENTIAL MULTI-FAMILY MEDIUM DENSITY DISTRICT TO RESIDENTIAL EXPANSION/CONDITIONAL ZONE Principal Planner Will Palmquist said that this is the consideration of an ordinance to conditionally zone 100, 54 & 99999 (x3) Woodland Drive from RM-8 Residential Multi-Family Medium Density District to Residential Expansion/Conditional Zone. This public hearing was advertised on September 30 and October 7, 2022. The project site totals 9.12 acres located at Woodland Dr (PINs 9628-44-0165, 9628-43-2859, 9628-43-1782, 9628-33-8790, and 9628-33-8499). Owner: Birch Circle Associates LLC. The site is currently zoned Residential Multi-Family Medium Density (RM-8). Given the size of the project (over 50 residential dwelling units), a conditional zoning to the Residential Expansion (RES EXP) district is required. The site is designated “Residential Neighborhood” on the city’s Future Land Use (FLU) Map. Overall Project Proposal: New building construction includes 72 dwelling units located across 10 groups of two-story, attached townhomes. The proposed development represents a type of “missing middle” housing. The project proposes to subdivide the site into individual parcels for each townhouse. Other site improvements include a new roadway, off-street parking, sidewalks, a gravel walking path, and a community area and proposed playground. 5% of the units (4 units) will be designated affordable to those earning at or below 80% Area Median Income (AMI) for a minimum of 20 years. 50% of those affordable units (2 units) will accept HACA Housing Choice vouchers. Committee(s):

  • Technical Review Committee (TRC)
  • June 6, 2022
  • approved with conditions.
  • Planning & Zoning Commission (PZC)
  • July 6, 2022
  • continued to 8/3 PZC meeting.
  • Planning & Zoning Commission (PZC)
  • August 3, 2022
  • continued to 9/7 PZC meeting.
  • Planning & Zoning Commission (PZC)
  • September 21, 2022
  • no recommendation given, motion to approve failed with a tie vote (2-2).

Staff Recommendation:

  • Staff recommends approval of this rezoning request based on the reasons stated above. Mr. Palmquist reviewed with Council the existing zoning, proposed zoning, aerial imagery and the future land use map. Changes to the project since the October 5 Planning & Zoning Commission meeting include (1) 10% affordable units (7 units) with half (4 units) accepting housing choice vouchers
  • that is an increase from 5% affordable units (4 units) with half (2 units) accepting housing code vouchers; and (2) updated architectural renderings with improved design characteristics and materials proposed. Councilwoman Roney felt that this is a car centric project, which has a garage in every spot, not enough sidewalks and no bike lanes. In response to Councilwoman Roney about what are the opportunities for renewable energy, Mr. Derek Allen, attorney representing the developer said that the developer is committed to add two vehicle charging stations and they are working with a solar consultant to look at solar as an option on all their projects. Mr. Allen spoke in support of the project, noting that the project will assist with the missing middle housing shortage. Mayor Manheimer opened the public hearing at 6:06 p.m. Three individuals spoke in opposition to the conditional zoning for several reasons, some being, but are not limited to: the Sulphur Springs Neighborhood Association views the Woodland Development Plan as inconsistent with overarching goals explicitly stated in Asheville's current Comprehensive Development Plan; provides almost no affordable housing; makes the Sulphur Springs Neighborhood less walkable and bikeable; provides minimal access to and discourages use of public transit; provides no green stormwater infrastructure; proposes infill housing incompatible with traditional Sulphur Springs Neighborhood; and contributes to worsening traffic safety and congestion. Two individuals spoke in support of the conditional zoning for several reasons, some being, but are not limited to: this project is missing middle housing we so desperately need. Mayor Manheimer closed the public hearing at 6:34 p.m. Mayor Manheimer said that this proposal is extremely challenging for her, but she would support the conditional zoning. Councilwoman Turner pointed out the crisis with affordable housing and felt this is a step towards greater density.

All other votes

Item A · Administrative · consent agenda

Approval of the minutes of the regular meeting held on September 27, 2022

Passed7–0 · unanimous · Moved by Gwen Wisler, seconded by S. Antanette Mosley

All members present voted yes.

Item B · RES 22-225 · Transportation · Resolution · consent agenda

Resolution authorizing the City Manager to enter into a contract

Passed7–0 · unanimous · Moved by Gwen Wisler, seconded by S. Antanette Mosley

All members present voted yes.

Staff report summary

Background:

  • The West End/Clingman Avenue Neighborhood (WECAN) has been providing vegetation control services along the subject properties (see map section) for many years.
  • The purpose of the subject action is intended to solidify and document the partnership between the NCDOT, the City, and WECAN.
  • The NCDOT prefers to only enter maintenance agreements with another governmental entity.
  • The City agrees to be that governmental entity and partner with WECAN to provide the appropriate vegetation control.
  • WECAN agrees to continue to provide vegetation control services along the subject properties (see map section) on behalf of the City (WECAN typically spends about $5,200 per year including volunteer labor at an hourly rate of $25). Committee(s):

None Fiscal Impact:

  • This action requires no City resources and has no fiscal impact as long as WECAN continues maintenance activities.

Item C · RES 22-226 · Transportation · Resolution · consent agenda

Resolution authorizing the City Manager to enter into a contract

Passed7–0 · unanimous · Moved by Gwen Wisler, seconded by S. Antanette Mosley

All members present voted yes.

Staff report summary

Background:

  • The City performed a traffic signal warrants study at the intersection of SR 3284 (South Charlotte Street) and Martin Luther King Drive and determined that a traffic signal was warranted and it would be effective.
  • Since South Charlotte Street is a state-maintained street, the NCDOT agreed that a traffic signal was warranted at the intersection of SR 3284 (South Charlotte Street) and Martin Luther King Drive.
  • The City is responsible to fully fund the traffic signal including design, materials, and installation.
  • Design and construction funds were approved in the FY 2021-22 adopted budget.
  • The project includes pedestrian signals and crosswalks.
  • The NCDOT will review the designs and inspect the work during the construction phase.
  • Upon completion of the project, the NCDOT will own and maintain the traffic signal.

Fiscal Impact:

  • Funding for this contract was previously budgeted and is available in the General Capital Projects Fund.

Item D · RES 22-227 · Contracts & Procurement · Resolution · consent agenda

Resolution authorizing the City Manager to enter into a contract

Passed7–0 · unanimous · Moved by Gwen Wisler, seconded by S. Antanette Mosley

All members present voted yes.

Staff report summary

Background:

  • The HCCA chiller service has been under contract with Daikin Applied Americas Inc. since August 11, 2017. The current contract expires on July, 31, 2023.
  • HCCA recently upgraded Building Management System software, to assist with controls of the facility HVAC systems.
  • This software creates a more energy efficient operation and reduces required on-site manpower during off hours.
  • The current chiller at HCCA is nearly 25 years old and can not ‘communicate’ with the new software, resulting in a requirement for staff to physically turn on, off and adjust building temperature at the chiller unit.
  • Repairs and upgrades will allow for more energy efficient operation and extend the useful life of the chiller by approximately 15-20 years of additional service.
  • A brand new chiller would cost approximately $1.7 Million, therefore this repair and upgrade option is recommended.

Fiscal Impact:

  • Funding for this work is available in the HCCA Capital Projects Fund.

Item E · RES 22-228 · Transportation · Resolution · consent agenda

Resolution authorizing the City Manager to enter into a contract

Passed7–0 · unanimous · Moved by Gwen Wisler, seconded by S. Antanette Mosley

All members present voted yes.

Staff report summary

Background:

  • The City’s Parks Maintenance Division is currently located at 8 Hunt Hill Place.
  • 81 Thompson Street has been identified as a preferred alternative to house the Parks Maintenance Division.
  • Located along the Swannanoa River, the parcel at 81 Thompson Street was jointly purchased by NCDOT and the City of Asheville in 2005 to support a future implementation of a multi-modal transportation and passenger rail station.
  • Norfolk Southern Railroad has an active rail line along the rear property line.
  • NCDOT’s Rail Division owns 90% of 81 Thompson Street (PIN #9648-70-6712) and the City of Asheville owns a 10% share of the property.
  • For over ten years, G3 Medical, a medical supply company has been leasing the facility.
  • They have recently terminated the lease and vacated the facility.
  • The facility is a mix of office and warehouse space for a total of 18,456 square feet.
  • The City of Asheville has offered to lease the facility from the NCDOT Rail Division for $8.00 per square foot with a 10% discount applied because of the City’s ownership share.
  • This would equate to $7.20 per square foot, or $11,073.60 per month or $132,883.20 per year.
  • The rent rate would increase 2% per year.
  • The City has agreed to replace the roof of the facility.
  • In return, the City will receive rent credit until the total cost is satisfied.
  • The proposed term of the lease is for a period of 10 years with the option to renew for one additional five year period.

Fiscal Impact:

  • Funding for this lease was budgeted and is available in the Parks and Recreation Department operating budget.

Item IV-A · Zoning & Land Use · Public hearing

Public hearing relative to adoption of the South Slope plan - motion to continue the public hearing

Passed7–0 · unanimous · Moved by Sage Turner, seconded by Sandra Kilgore

All members present voted yes.

Item V-A-1 · Administrative · Ordinance

Plastic regulation - revise Chapter 15 of City Code to prohibit plastic bags for curbside leaf litter collection (Phase I)

Passed7–0 · unanimous · Moved by Sage Turner, seconded by Gwen Wisler

All members present voted yes.

Staff report summary

. This motion was seconded by Councilwoman Wisler and carried unanimously.

Item V-A-2 · Administrative · Motion

Plastic regulation - direct staff to further address public input (Phase II)

Passed7–0 · unanimous · Moved by Sage Turner, seconded by Gwen Wisler

All members present voted yes.

Item V-B-1 · RES 22-229 · Boards & Appointments · Resolution

Appoint Sherree Lucas as member of the African American Heritage Commission

Passed7–0 · unanimous · Moved by Sheneika Smith, seconded by S. Antanette Mosley

All members present voted yes.

Item V-B-2 · RES 22-230 · Boards & Appointments · Resolution

Appoint Robin Cape as Chair to the ABC Board

Passed7–0 · unanimous · Moved by Sheneika Smith, seconded by Sage Turner

All members present voted yes.

Item V-B-3 · RES 22-231 · Boards & Appointments · Resolution

Appoint Ellen Katherin and Donald Post as members; readvertise three vacancies

Passed7–0 · unanimous · Moved by Sheneika Smith, seconded by Sandra Kilgore

All members present voted yes.