City Council regular meeting — October 25, 2022

Background:

• The adopted Fiscal Year 2022-23 budget established for machinery and equipment in the Street Cut Utility Fund was $140,000.
• This original budget was intended to only replace the body of an existing truck.
• After budget adoption, it was determined that the accumulated maintenance costs along with the extended lead time for replacement warrants an entire truck replacement.
• The truck and body replacement are available through a cooperative agreement at a total cost of $258,965, requiring an additional $120,000.
• The Street Cut Utility Fund is budgeted on a cost recovery basis.
• All work is performed for and paid by the partners of the Utility Cut program.
• These partners are City of Asheville (COA) Water Resources, COA Stormwater Division, Metropolitan Sewerage District (MSD), and Dominion Energy. Committee(s):
• None Pro(s):
• This budget amendment will allow the Street Cut Utility Fund to purchase the needed equipment for the required asphalt work to return the roadway to a usable state after utility work is performed. Con(s):
• Additional debt payments will be passed on to the partners in the Utility Cut program.

Fiscal Impact:

• An additional $120,000 in short-term equipment debt will be incurred by the City and ultimately billed to the partners of the program.

Background:

• Heavy rains in July caused slope failures on Bent Tree and Crestwood Roads.
• Public Works staff performed temporary repairs to the slides, but a permanent solution will be required.
• The Request for Qualifications was advertised on July 15, 2022, and responses were due by August 4, 2022.
• This contract falls under the mini-brooks act, which requires the City to select engineering and architecture firms based upon their competency, qualifications and experience rather than by price.
• Three responses to the RFQ were received: Gannett Fleming, Inc. of Asheville, NC Vaughn and Melton Consulting Engineers, Inc. of Asheville, NC ECS Southeast, LLP of Asheville, NC
• ECS Southeast, LLP received the highest score from the scoring committee.
• The scoring committee consisted of representatives from the Public Works and Capital Projects Departments.

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 business, the NC Historically Underutilized Business database, and the NCDOT MWBE database for potential contractors.
• Three companies from an identified disparity group were found in the ten-county plus Mecklenburg area and staff directly contacted those companies.
• The companies did not submit a response. Committee(s):
• None Pro(s):
• This contract will provide a design to stabilize Bent Tree and Crestwood Roads.
• Successful completion of the project will assure the continuation of emergency response access and core service delivery to the community. Con(s):

None Fiscal Impact:

• Funding for this contract will come from the FY23 Capital Improvement Program (CIP) contingency budget.

Background:

• Woodfield River Arts, LLC is constructing a mixed use development on the former site of Dave’s Steel at the corner of Clingman Avenue Extension and Roberts Street.
• This is a three acre site which will have 237 residential units and 362 parking spaces. Approximately 19,000 square feet of retail/commercial/restaurant space will also be available upon project completion.
• The project involves raising the vertical height of Roberts Street and installing stormwater drainage improvements that will provide additional capacity for conveyance through this area.
• The project will install approximately 600 linear feet of regional stormwater culvert and Council is considering a public / private partnership for a portion of these improvements located in the right-of-way of Roberts Street.
• Site limitations necessitate the construction of retaining walls on Clingman Avenue Extension and Artful Way.
• To secure the walls, improvements need to be made that extend onto the City’s right-of-way under the roadway on Artful Way.
• Additional improvements are needed in order to complete the project on Clingman Extension that encroach onto the City right-of-way.
• In order to conduct this work, two subsurface easements are needed.
• The compensation for the two easements has been calculated based on the tax appraised value of the property and discounted by 50% due to the easements being subsurface, for a total value of $12,848 as fair market consideration for said easements. Committee(s):
• None Pro(s):
• This project will construct stormwater infrastructure improvements within the public right-of-way.
• The easement within Artful Way is a public benefit as well in that the soil nail wall proposed will stabilize the slope between the property and Artful Way where there have been small slope failures in the recent past. Con(s):
• Construction requires subsurface easements in the City’s right-of-way.

Fiscal Impact:

• The City will be compensated $12,848 for granting the easements, generating additional revenue for the General Fund.

Background:

• The City of Asheville requires a financial advisor of record for the purpose of reviewing, evaluating, planning, developing, administering, soliciting, structuring, negotiating, and otherwise assisting the City in its financial responsibilities related to municipal debt.
• DEC Associates, Inc. has assisted the City with financial modeling, debt issuance, marketing of securities, and other financial services since 2014.
• DEC Associates, Inc. utilizes a complex model and the continued use of this firm maintains continuity in the management of the City’s debt model.
• The current contract with DEC Associates, Inc. in the amount of $500,000 was approved by City Council via Resolution 19-220 on September 24, 2019 with a five-year term ending in September 2024.
• Staff is requesting that City Council approve a change order to add an additional $300,000 to the contract for expected services over the next two years of the contract term.
• These services will include assistance with upcoming debt issuances for the remaining 2016 General Obligation (GO) bonds, Water Revenue Bonds associated with the automated meter reader project, equipment loans, and other Limited Obligation (LOBs) Bonds as part of the ongoing Capital Improvement Program (CIP). Committee(s):
• None Pro(s):
• Contracting with this company provides outside expertise that enhances the City’s financial management; and
• Statute requires a financial firm of record if issuing new debt. Con(s):
• None.

Fiscal Impact:

• Expenses incurred each fiscal year for services rendered as part of this not-to-exceed, multi-year contract will be funded through the annual Capital Improvement Program (CIP) and Debt Model allocation.

Background:

• In September 2019, the City adopted a maintenance agreement with Everbridge, Inc. (Resolution No. 19-219).
• In addition to emergency communications, Everbrdige allows the City of Asheville to contact residents via text message, phone message, and/or email with important information (e.g. boil water advisories) based on where they live.
• Residents can also “opt-in” for additional communications through the AVL Alert registration process accessible through the City of Asheville’s website.
• Our current contract with Everbridge, Inc. will be up for renewal on November 12, 2022.
• The proposed renegotiated contract has a term of five years with a locked-in rate of $32,544.75 per year. This represents a 5% increase from the previous annual cost of $30,995 and will stay fixed through 2027.
• The proposed agreement for the renegotiated contract is from November 13, 2022 until November 12, 2027; with a total cost to the City of $162,723.75.

Vendor Outreach Efforts:

• Everbridge Inc. has been contracted to support and maintain the City’s Emergency Notification System by the City of Asheville since November 2014.
• A competitive Request for Proposals was used in 2014 for the initial contract.
• The selection process involved the North Carolina Purchasing System and the City’s website.
• This request is to amend the Service Agreement. Committee(s):
• N/A Pro(s):
• The City has been using Everbridge, Inc. since November 2014, and staff are familiar with its strengths, limitations, and support process.
• Community members receive important information (e.g. water boil advisories, emergency alerts) in a timely manner and through multiple communication channels.
• This agreement will support the City's Emergency Notification System. Con(s):
• None noted.

Fiscal Impact:

• Funding for the first year of this contract is available in the Fire Department (General Fund) and Water Resources Fund operating budgets.
• Funding for future years will be planned for during the annual budget development process.

Background:

• The City of Asheville owns real property at PIN #9648-56-7004 and 9648-55-8749 whose address is 166 Reservoir Road.
• The City owns a telecommunications tower that is located on the site, known as the Lower White Fawn tower.
• The City uses the tower for public safety equipment and licenses the use of extra space to private telecommunications companies.
• In 2017, the City executed a license agreement with New Cingular Wireless, PCS, LLC and the current term extends through 2032.
• As part of the original 2017 agreement, New Cingular Wireless paid for the demolition and construction of a new tower to replace the old Lower White Fawn Tower.
• The total cost ($204,534.00) was converted to rent credit.
• At present, New Cingular Wireless requests to install additional equipment onto the tower.
• Based on the increase of three additional antennas to the tower, staff recommends an increase to the rental rate of $150 for each additional antenna.
• In this case, that would result in an increase of $450 per month.
• The current rent of $3,517.22 per month will increase to $4,072.73 per month (including the additional space and escalation).
• The new monthly rental amount will continue to be credited to New Cingular Wireless until the total cost of the new tower is reached, at which point New Cingular Wireless will begin paying the monthly rental fee to the City.
• Based on the request to add equipment, New Cingular Wireless was required to perform a structural analysis to determine if the tower was able to sustain the modifications that are proposed and the modifications are allowed. Committee(s):
• None Pro(s):
• The presence of New Cingular Wireless on the tower increases the value of this asset and provides revenue to the City. Con(s):
• Additional load has been added to the tower.

Fiscal Impact:

• There is no immediate fiscal impact.
• Once the rent credit concludes (during FY 2023-24), the City will receive an additional $5,400 each year of the lease term.

Principal Planner Will Palmquist said that this is the consideration of an ordinance designating property known as the Walton Street Pool & Poolhouse, located at 570 Walton Street, Asheville, N.C., as a local historic landmark. This public hearing was advertised on October 14 and 21, 2022. Project Location and Contacts:

• The designation site consists of a 4.37 acre parcel located at 570 Walton Street (PIN 9648.12-2845) owned by the City of Asheville.
• Petitioners/Applicant: Josi Ward, Historic Preservation Consultant (Foreground Consulting)/Preservation Society of Asheville & Buncombe County Summary of

Petition:

• The subject property consists of a 4.37 acre parcel located on Walton Street within the Southside Neighborhood.
• The property contains a swimming pool and associated bathhouse, a basketball court, softball field, picnic shelter, playground area, and an asphalt parking lot.
• Walton Street Park was established by the City of Asheville and the Works Progress Administration (WPA), and was constructed in 1938-1939 and opened to the public in June 1939;
• the Walton Street Pool was completed in the fall of 1947;
• the Poolhouse was completed in 1948 and
• the Pool and Poolhouse opened to the public in June 1948
• A study of the subject property was conducted by the applicant, and it was determined that the Walton Street Park & Pool are significant for being the sole municipal park and swimming area for Asheville's Black population, and are thus associated with events that have contributed significantly to the history of Asheville and Buncombe County; areas of significance include:
• Black ethnic heritage,
• Entertainment/Recreation, and
• Social History
• The park complex retains the arrangement of features established during the period of significance (1939-1972).
• The park, pool, and bathhouse retain integrity of the location, setting, association, feeling, workmanship, and design.
• The proposed designation includes the entire park parcel, swimming pool, and exterior of the bathhouse.
• Pursuant to N.C. General Statutes 160D-945 and 160-946, and UDO Ch. 8-5 and 8-6, the Historic Resources Commission has found the subject property to be of special significance in terms of its historical, prehistoric, architectural, or cultural importance, and to possess integrity of design, setting, workmanship, materials, feeling and/or association, and recommends in favor of local historic landmark designation.
• Local historic landmark designation dictates that any future alteration of the site and/or site features will require review by the Historic Resources Commission for a Certificate of Appropriateness.

Comprehensive Plan Consistency:

• This action aligns with Goal 7 (Celebrate the Unique Identify of Neighborhoods Through Creative Placemaking) and Goal 8 (Elevate the Arts and Cultural Sectors to Strengthen and Preserve Heritage and History) of the Living Asheville Comprehensive Plan by continuing to support stewardship and preservation of historic properties and by celebrating and honoring the City’s cultural and historic resources.
• This proposal also aligns with the 2036 Council Vision in the “Well-Planned and Livable Community” area.
• The local historic landmark designation would preserve a historic place that greatly contributes to Asheville’s historic and cultural history.

Fiscal Impact:

• None. Committee(s):
• Historic Resources Commission
• October 12, 2022
• unanimously recommended approval
• African American Heritage Commission
• September 8, 2022
• unanimously recommended approval

Staff Recommendation:

• Staff finds that the proposed local historic landmark designation has special historic and cultural significance, and is compatible with the Living Asheville Comprehensive Plan and the Historic Preservation Master Plan.
• The African American Heritage Commission reviewed this proposed designation on September 8, 2022 and the Historic Resources Commission reviewed this proposed designation on October 12, 2022.
• Both commissions voted unanimously in favor of the landmark designation and recommended Asheville City Council approval of this local historic landmark designation application. Mr. Palmquist outlined the following key takeaways from this presentation (1) Walton Street Park & Pool were identified as significant historic resources as part of the African American Heritage Research Survey; (2) Planning & Urban Design (PUD) received Local Landmark application from The Preservation Society of Asheville & Buncombe County (PSABC) in early 2022; (3) Parks and PUD partnered to engage the community in an effort to get input on improved park amenities and to gauge support for historic designation over the past 6+ months; (4) Walton Street Park & Pool have contributed significantly to the history of Asheville and Buncombe County; areas of significance include Black ethnic heritage, entertainment/recreation and social history; (5) Based on survey results, community members support both Local Landmark and National Register designation; and (6) Local Landmark designation would ensure that the historic character of the park and pool are retained. He reviewed the landmark designation process. Regarding the background (1) February 2022
• City receives preliminary landmark application from PSABC; (2) Parks Dept. & PUD partnered with Southside United to work on plan for community engagement for the Walton St. Park amenity improvements and potential historic designation; (3) Project team developed a survey to engage the community; (4) Staff identified in-person community engagement opportunities
• April 28
• Grant Southside Center Groundbreaking; April 29
• Walton Street Block Party; May 6
• Grant Southside Center Block Party; and May 7
• Walton Street Park Bike Pop-Up; (5) August 2022
• City receives draft landmark designation report; (6) August 2022
• Designation report forwarded to NC HPO for comment; (7) September 2022
• Designation report presented to AAHC for comment and recommendation; and (8) October 2022
• Designation report presented to HRC for comment and recommendation. Additional outreach efforts included (1) Project mailer sent out to all households in the Southside neighborhood; (2) Information and paper surveys available at the Grant Center; (3) Informational signs and QR code for survey placed around Southside Community; (4) Project pages posted on City website; (5) City staff attendance at Southside United Neighborhood meetings; (6) Information posted at City community centers & Eddington Center; (7) Reparations Health & Wellness Committee Meeting (August 23); (8) Goombay Festival; (9) East End Valley Street Heritage Festival; (10) Burton St Community Meeting (August 16); (11) Walton St Community Water day (August 20); (12) Hand delivery of paper surveys and flyers in the Southside area (August 17 & 24); (13) Press release (September 30); (14) Asheville Citizen-Times article (August 15); and (15) WLOS interview (August 8). He then reviewed the survey results. He provided the following Walton Street Park & Pool historical overview (1) 4.37 acre park established by the City and the Works Progress Administration (WPA); (2) Park was constructed in 1938-1939 and opened to the public in June 1939; the Walton Street Pool was completed in the fall of 1947; the Poolhouse was completed in 1948 and the Pool and Poolhouse opened to the public in June 1948; (3) Walton Street Park & Pool are significant for being the sole municipal park and swimming area for Asheville's Black population, and are thus associated with events that have contributed significantly to the history of Asheville and Buncombe County; and (4) The park complex retains the arrangement of features established during the period of significance (1939-1972). The park, pool, and poolhouse retain integrity of location, setting, association, feeling, workmanship, and design. The effects of the landmark designation include (1) Recognizes and honors the cultural and historical significance of a place that allows us to tangibly connect to our past; and (2) Allows for historic character to be retained through a design review process whenever proposed changes are made for the site. He then said that the African American Heritage Commission and the Historic Resources Commission both recommended unanimously in favor of the designation. Councilwoman Roney said that as a symbol of Black history, resiliency, and job, the Walton Street Pool of the historic Southside neighborhood was completed in 1947. For years, neighbors have provided abundant input on how and why the Walton Street Pool must be preserved for cultural identity in the face of gentrification. Thanks to their tenacity and community organizing, designation of historic landmark as a first step in meaningful action is on our agenda and she is glad to support it. Councilwoman Kilgore said that the Walton Street Park means a lot to people in the southside community. It’s not just a swimming pool but a family of networks working together. It has been many years of listening to the community. Mayor Manheimer opened the public hearing at 6:03 p.m. Seven individuals spoke in favor of the local historic landmark. Mayor Manheimer closed the public hearing at 6:19 p.m. In response to Councilwoman Kilgore and Vice-Mayor Smith, City Manager Campbell said that prior to moving forward with this action, City staff met with the State Historic Preservation Office to make sure that if we wanted to add additional recreation elements, that we could do that without too much of an obstacle. Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.

Transportation Planning Division Manager Lucy Crown said that this is the consideration of adoption of the Close The GAP, the City’s integrated Greenway Master Plan, Americans with Disabilities Act (ADA) Transition Plan and Pedestrian Master Plan. This public hearing was advertised on October 14 and 21, 2022. Background:

• In 2018, the City received $135,000 in Surface Transportation Block Grant funding from the N.C. Dept. of Transportation (NCDOT) to develop a City Pedestrian Plan and an ADA Self-Evaluation and Transition Plan for public rights-of-way (a federally-required plan that evaluates ADA accessibility and recommends improvements).
• At that time, the City Council also approved an additional $100,000 to be used to simultaneously update the City’s existing Greenway Master Plan.
• The plans will replace the current Greenway Master Plan (2013), ADA Transition Plan (1998), and Pedestrian Master Plan (2004).
• City staff worked with a local transportation consultant to develop all three plans together to ensure that the plans and resulting recommendations related to sidewalks, greenways, ADA infrastructure, and other pedestrian amenities were coordinated.
• Extensive public outreach and engagement was conducted over a period of approximately two years to identify community needs and priorities for the pedestrian, greenway, and ADA-accessible infrastructure.
• In addition to community-identified needs, robust GIS-based analyses were conducted to assist with the identification and prioritization of potential future pedestrian, greenway, and ADA projects.
• These analyses used a combination of demographic data from the U.S. Census that included data related to race, income, vehicle ownership, age, and disability, and coupled it with data related to pedestrian crashes, transit routes, connectivity opportunities, and the locations of housing and jobs.
• Each plan provides an Action Plan of prioritized lists of recommended projects that will be used to help program the City’s Capital Improvement Plan and maintenance projects, as well as inform future grant applications.
• Each Action Plan goal also provides recommendations related to City policies that need to be updated, as well as design standards.
• The Action Plans for the Close the GAP Plans will strengthen our commitment to a strong network of safe pedestrian facilities with new design guidelines, policy updates and changes, new best practices for development, and technology to assist with communications and reporting.
• Multiple departments will work on the implementation of the GAP plans.
• Staff intends to develop an annual report that will provide information on the implementation status and monitor progress toward improving pedestrian, greenway and ADA infrastructure. Committee(s):
• MMTC
• 04/27/2022
• Approved unanimously
• Greenway Committee
• 04/07/2022
• Approved unanimously
• AARRC
• 04/14/2022
• Approved
• DRC
• 05/19/2022
• Approved unanimously
• P&Z
• 06/01/2022
• Approved unanimously
• PED
• 10/10/2022
• Information only
• PED
• 10/25/2022
• Approved unanimously Pro(s):
• Adoption of the “Close the GAP” Plans will provide a resource for City staff to utilize when programming the City’s CIP, determining priorities for maintenance of sidewalks, adding and reconstructing ADA accessibility improvements, and determining which projects we should submit grant applications for moving forward.
• The adopted plans provide comprehensive documentation of public engagement conducted, data collection and analysis, and the methodologies used to recommend and prioritize projects.
• Adoption of the ADA Transition Plan is required by federal law. Con(s):
• Implementing the action steps in the adopted plans will require significant City resources, including both staff time and funding on an annual basis.
• In particular, planning, design, and construction of various capital projects will require additional funding resources.
• A number of existing City policies and standards will need to be updated.

Fiscal Impact:

• While the City currently funds new sidewalk construction, sidewalk maintenance, ADA improvements, and greenways, significantly more funding over the next several decades will be necessary to complete the projects prioritized in the GAP plans. Ms. Crown said the key takeaways from this presentation will be (1) The GAP Plans include the Greenway Master Plan, the ADA Transition Plan, and the Pedestrian Master Plan; (2) The 3 plans were developed together to ensure consistency and coordination of priorities and recommendations; (3) Priorities are based on data that includes: Equity + Destinations, Safety, Connectivity, and Public Input; (4) The Greenway Plan identifies greenway “typologies” for the City to use to make connections; (5) The required ADA Transition Plan focuses on bringing existing facilities into compliance with ADA; and (6) The Pedestrian Plan focuses on the creation of new pedestrian facilities. She said GAP is (1) strengthen greenway network with new greenways; (2) improve existing sidewalks and greenways; and (3) fill gaps with new sidewalks. Regarding engagement and outreach, (1) 3 Stakeholder Groups
• “Think Tank”; Citizen Action Committee; and ADA Focus Group; (2) Online meetings and surveys; (3) Recordings posted on project page; (4) Neighborhood outreach; and (5) Promotions
• Project Page; Smart Posters, etc.; Promotional Video “Why Does Close the GAP Matter”; and Media. Ten major goal areas are Greenway Network; ADA Transition; Pedestrian Network; Multimodal Vision; Equity; Development Strategies; Policy; Funding; Safety; and Tools for Communication and Implementation. She explained methodology for the pedestrian network; the Pedestrian and ADA Plan outcomes; the ADA Transition Plan and the ADA Self Evaluation; the typical elements of an ADA Transition Plan; and the estimated cost to achieve ADA compliance. She explained how Asheville currently makes ADA improvements (1) Maintenance (a) Curb ramps must be brought into compliance with street repaving (required of COA and NCDOT)
• Examples: Chestnut, State Street; and (b) Sidewalk maintenance by Public Works; (2) Replacement of existing sidewalks
• Examples: Vermont Street, Fulton Street; (3) Private development (new construction and redevelopment)
• Only when ROW improvements are required; and (4) Street reconstruction
• Examples: Haywood Street, Coxe Avenue. Regarding focus group and survey feedback, (1) key corridors in the ADA plan include (in order of most mentioned) Merrimon Avenue, Haywood Road, Broadway Street, Tunnel Road, Amboy Road, Fairview Road, and Kenilworth Road; and (2) Added to the Pedestrian plan: Leicester Highway; Swannanoa River Road; Johnston Boulevard; Sweeten Creek Road; Riverside Drive; and Hominy Creek Road. Regarding the GAP Action Plans, (1) The Action Plan addresses the 10 Major Goal Areas of the Plans; (2) This Fiscal Year, staff will identify which Actions can be accomplished across the organization in the short term (1-3 years) and added to the Organizational Work Plan; and (3) Each year: Align CIP requests and maintenance projects on the GAP Plans priorities. These plans are dedicated to Barb Mee and Janet Barlow. Staff recommends adopting the “Close The GAP” Plans, the City’s integrated Greenway Master Plan, ADA Transition Plan for public rights-of-way, and Pedestrian Master Plan. In response to Mayor Manheimer, Ms. Crown said that we will have a dashboard item on our website that shows what has been accomplished. Councilwoman Roney said that our transportation planning documents, with exception of Transit, are outdated, and this action is needed to guide our future budget, plans, and policies on ensuring equity and safety for all modes in our transportation network. Thinking of accessibility advocates like Priya Ray of DIY-Abled, the members of the blind community who she has served with on advisory boards, and the late Janet Barlow and Barb Mee mentioned today, they have informed this work over time. She felt that if we are going to get to our goals, we need two things: action leading to accountability and partners. She asked if we anticipate Unified Development Ordinance updates in short-term goals. One way the public can partner is by elevating issues, and asked if someone identifies a lacking area or ADA issue, how can they elevate their concern and what response can be expected. Ms. Crown responded to Councilwoman Roney noting that the best way to submit a concern is through the Asheville App. She also noted that our consultant has a list of some amendments to the UDO and the Standard Specifications and Details Manual which we hope to begin implementing after adoption of the Close The GAP Plan. Mayor Manheimer opened the public hearing at 6:37 p.m. Two individuals spoke in support of the Close The GAP Plan, with mention that we need more data on how pedestrians move which will improve the life for everyone. Mayor Manheimer closed the public hearing at 6:43 p.m. Mayor Manheimer said that members of Council have previously received a copy of the resolution and it would not be read.

Affordable Housing Officer Sasha Vrtunski said that this is the consideration of an ordinance amending the Unified Development Ordinance (UDO) to allow replacement of manufactured homes where they previously existed, updates to manufactured housing definitions, and the Table of Uses. This public hearing was advertised on October 14 and 21, 2022. Background:

• Current UDO language prevents the replacement of lawfully established manufactured homes, whether in a manufactured home park/community, in the manufactured home overlay, or in other locations when the manufactured home has been removed and the space has been vacant for more than 180 days.
• In almost every instance, these spaces have an address and utility services for another home but are prevented from having a replacement home by current zoning regulations.
• Manufactured housing can represent some of the most affordable housing options available and provide variety to the community’s existing housing stock.
• This ordinance change will not expand manufactured housing parks and should not have a negative impact on the character and quality of neighborhoods. Proposal
• Adopt a wording amendment to: 1. Allow replacement of manufactured homes within a lawfully established manufactured home park as long as the park is not expanded and to remove the specific time period for replacement. This is for all parks whether or not they are in an overlay area. 2. Extend the period of time for replacement of manufactured homes on single lots within a qualified overlay district from 180 days to 365 days when not part of an existing manufactured home park. 3. Remove language regarding age of home, a factor which cannot be regulated by municipalities (NCGS 160D-910), from the non-conformity sections that pertain to manufactured homes. 4. Revise the definition of manufactured home to comply with NCGS 5. Add manufactured home and manufactured home park to the Table of Uses. Consistency with the Comprehensive Plan and Other Plans: Living Asheville Comprehensive Plan (2018)
• The proposed wording amendment supports a number of goals in the Living Asheville Comprehensive Plan, including:
• Encourage Responsible Growth
• by prioritizing greater densities of development overall, throughout the city as appropriate.
• Increase and Diversify the Housing Supply
• by increasing the supply of housing, including affordable housing.
• Promote the Development and Availability of Affordable and Workforce Housing
• by maximizing the opportunities for the development and maintenance of affordable housing. Committee(s):
• The Affordable Housing Advisory Committee reviewed this item on September 1, 2022 and voted 11-0 in support of the change to the UDO.
• Staff presented to the Neighborhood Advisory Committee on September 26, 2022. One committee member spoke in favor of the amendment.
• The Neighborhood Advisory Committee had no concerns about the amendment and indicated to staff that they supported it moving forward.
• The Planning & Zoning Commission reviewed the amendment at their October 5, 2022 meeting and voted 6-1 in support of the amendments. Pro(s):
• This wording amendment will allow manufactured home parks to remain conforming even if homes within the park are removed and will permit replacement of homes within the park regardless of the length of time a home has been removed and space vacant.
• The amendment will also extend the period of time that a manufactured home can be replaced within a manufactured home overlay.
• These changes will stop or reduce the loss of manufactured home spaces that has occurred since the adoption of the UDO in 1997.
• The wording amendment will not allow for the expansion of manufactured housing parks beyond their previous number of lots unless it is allowed by ordinance. Con(s):
• None noted

Fiscal Impact:

• None noted

Staff Recommendation:

• Staff recommends approval of this rezoning request based on the reasons stated above. Ms. Vrtunski said the key takeaways from this presentation are (1) The proposed amendment to the Unified Development Ordinance (UDO) represents an incremental change that addresses the replacement of manufactured homes in existing manufactured housing parks; (2) The proposed amendment also includes several other updates to bring the ordinance in line with new State statutes
• These revisions include updated definitions, table of uses, and removes the age of units from consideration; (3) These revisions will help preserve some of the community’s most deeply affordable housing units; and (4) Staff does not anticipate that the proposed changes will have noticeable impacts on neighborhoods. The background is (1) Current UDO language prevents the replacement of lawfully established manufactured homes, whether in a manufactured home park/community, in the manufactured home overlay, or in other locations when the manufactured home has been removed and the space has been vacant for more than 180 days; (2) In almost every instance, these manufactured housing spaces have an address and utility services for another home but are prevented by zoning regulations; and (3) Manufactured housing can represent some of the most affordable housing options available and are part of variety in the community’s existing housing stock. The following are proposed revisions to the replacement of manufactured homes: (1) Allow replacement of homes in existing Manufactured Housing Park spaces; (2) Allow replacement of homes within 365 days if located within qualified Overlay District (applies to single lots, not parks); (3) Maintains 180 day limit for replacement in all other zoning areas (no change to current ordinance); and (4) The proposed revision will not allow the expansion of existing manufactured housing parks unless already allowed by ordinance. The following definition change is consistent with state statutes (1) Adopt the State definition of Manufactured Housing found in the General Statutes; and (2) Deletes campers/trailers and travel trailers as being allowed under this definition. She then reviewed the recommended revisions which include the addition of the following use categories to the Permitted Use Table to make the table consistent and inclusive. We will remove language regarding age of home, a factor which cannot be regulated by municipalities (NCGS 160D-910), from the non-conformity sections that pertain to manufactured homes
• This brings the UDO in line with the State requirements. She used maps in various sections of the City to show parcels with one or more manufactured homes, Manufactured Housing Overlay District, and Manufactured Housing Community Overlay (parks). She then reviewed the committee reviews of the Affordable Housing Advisory Committee, the Neighborhood Advisory Committee, and the Planning & Zoning Commission. She said that staff recommends approval of the proposed unified Development Ordinance amendment to allow for the replacement of manufactured homes where they previously existed, updates to manufactured housing definitions, and revision to the Table of Uses. In response to Councilwoman Kilgore, City Attorney Branham clarified the amendment, noting that this does not place any new restrictions on manufactured housing owners. Councilwoman Roney noted that this is our third consecutive public hearing tonight touching on our strategic priority of neighborhood resiliency. In this decision, by updating three sections of our UDO, manufactured homes will be easier to maintain and replace because their limited zoning allowance will be more protected. While the staff report says the change won’t be “noticeable” it will be significant that deeper affordability and community connection to resources is being preserved in these neighborhoods as working class and vulnerable people are being displaced due to rising cost of living in Asheville. Mayor Manheimer opened the public hearing at 7:05 p.m. Two individuals spoke in support of this UDO amendment, which one suggested that we find ways to incorporate manufactured housing in the broader statement of our housing stock. Mayor Manheimer closed the public hearing at 7:09 p.m. Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.

Affordable Housing Officer Sasha Vrtunski said this is the consideration of a resolution to allocate $6.0 million from the remaining 2016 Affordable Housing Bond funds to the Housing Trust Fund, and the accompanying budget amendment in the amount of $6.0 million. Background:

• In 2016, the voters approved a General Obligation Bond for Affordable Housing in the amount of $25 million.
• Earlier this year, staff reported to the Housing & Community Development Committee (HCD) on the Affordable Housing Bond investments, totaling $18.5 million, resulting in:
• 32.5 acres purchased or under contract
• 403 affordable units constructed
• 197 affordable units in the pipeline to be constructed
• In accordance with legal requirements and in compliance with the Local Government Commission (LGC), bond funds must be allocated within a seven year period, which ends in November 2023.
• The City is planning to issue the remaining bonds in spring 2023.
• Once allocated, the funds do not have to be expended right away.
• The Housing Trust Fund has shown to be an efficient way for the City to leverage the production of affordable units.
• It is a flexible funding source that can be used to support a range of housing types and populations.
• Under the current policy, Housing Trust funding may be loaned/spent for the following purposes:
• Development of Affordable Rental and For-Sale Housing
• Substantial rehabilitation of existing units.
• Down Payment Assistance
• Land Acquisition
• Over the next few months, staff will be reviewing the Housing Trust Fund Policy and bringing forward some potential changes for City Council consideration. Proposal
• To meet the bond allocation requirements and leverage the successful outcomes as seen by the City’s Affordable Housing Trust Fund, staff recommends allocating $6 million of the remaining bond funds into the Housing Trust Fund.
• Staff also recommends utilizing $500,000 for future planning of city-owned land for affordable housing, which includes the Cedar Hill/Deaverview parcels.
• Staff is also working to more closely align the Housing Trust Fund funding cycle with Buncombe County’s funding schedule.
• Ideas and proposals for specific uses of the Housing Trust Fund such as Site Readiness or Land Acquisition will be further developed over the coming months and can be incorporated into future HTF policy revisions.

Committees:

• HCD heard this item at their September 20 meeting and gave feedback. The committee asked AHAC for feedback on three issues: land acquisition in previously redlined areas, a site readiness program and down payment assistance.
• AHAC recommended that the Housing and Community Development Committee approve allocating $6 million of the remaining Affordable Housing Bond funds to the Housing Trust Fund, and $500,000 to planning activities for city owned property.
• AHAC requested a priority focus of reallocated bond funds to Housing Trust Fund on down payment assistance and encouraging the redevelopment of sites within the Urban Renewal and redlining maps.
• HCD heard the feedback from AHAC and voted 2-0 on October 18 to approve the allocation of remaining bond funds. Pro(s):
• Allocating the funds will allow the city to fully utilize the bond funding and to issue the remaining bonds next calendar year (2023).
• This allocation lays the foundation for HTF decision-making and planning over the next 1-2 years.
• Staff is working to align the Housing Trust Fund process with Buncombe County, and will have a call for proposals later this year. Con(s):
• None noted

Fiscal Impact:

• This action will allocate an additional $6.0 million of Affordable Housing General Obligation Bond funding to the Housing Trust Fund, aligning with the planned issuance of remaining GO debt. Ms. Vrtunski said the key takeaways from this presentation will be (1) Voters approved a $25 million Affordable Housing Bond in 2016; (2) Affordable Housing Bond Investments to-date total $18.5 million, including: 32.5 acres purchased or under contract; 403 affordable units constructed; 197 affordable units in the pipeline to be constructed; (3) The Housing Trust Fund has been a successful tool in leveraging Affordable Housing Bond funding; (4) Staff is proposing to use the remaining funds for planning and pre-development as well as for Housing Trust Fund related projects. This recommendation was unanimously supported by the Housing & Community Development Committee; and (5) Housing Trust Fund Policy revisions are currently in development and will be reviewed by City Council later this calendar year. Lessons learned consist of (1) Investing in capacity building for new non-profit organizations (ABCLT & Haywood Street CD) takes time to pay off; (2) Policies need to be in place to guide decision making prior to program creation or implementation; and (3) The Housing Trust Fund has seen the most straightforward success and highest leverage of Affordable Housing Bond funding. Using a chart, she explained the bond projects funded by the Housing Trust Fund, totalling $5 Million, along with the Housing Trust Fund current status
• available balance is $1,650,000. She explained how the remaining 2016 affordable housing bond funds would be allocated
• Housing Trust Fund allocation
• $5 Million; Land Banking
• $3 Million; ABCLt
• $1 Million; City-owned land
• $8,035,000; and Deaverview Phase I
• $1,465,000
• for a total balance of available Affordable Housing Bond funds of $6,500,000. The recommendation for the remaining $6.5 Million in Bond funds consist of (1) Reserve $500,000 for planning and pre-development activities on City-owned land; and (2) Allocate $6.0 million to the Housing Trust Fund (a) Staff will recommend Housing Trust Fund Policy refinements to City Council later this calendar year (a) Policy revisions under consideration include: Adding guidelines for land acquisition; Including provisions for the redevelopment of Urban Renewal properties; Aligning the funding cycle with Buncombe County; and Partnering on the implementation of a down payment assistance program. Current Housing Trust Fund eligible uses include (1) Construction of new housing for sale or rental, including land acquisition and hard costs; (2) Conversion or adaptive reuse of existing non-residential structures for housing; (3) Purchase and rehabilitation of existing substandard multifamily housing units; (4) Purchase and rehabilitation or conversion of market rate multifamily developments to affordable housing; (5) Manufactured housing and modular construction; (6) Construction of container homes, tiny homes, and other innovative housing structures; and (7) Down payment assistance loans, as long as funds are not forgiven. Current Housing Trust Fund restrictions include (1) Housing Trust Funds are not available for individuals seeking to build or renovate their own home; (2) A minimum of 20% of the total project units must be affordable for the proposed development; (3) Affordable units that have been pledged to the City in exchange for a density bonus, conditional zoning or other special consideration will be ineligible; and (4) Projects must be located within the Asheville City limits to be eligible for assistance. The process for the Affordable Housing Bond allocation review was AHAC Policy Review
• October 6; HCD Formal Vote on Bond Allocation
• October 18; City Council Formal Authorization of Bond Allocation
• October 25; and HTF Policy Considerations
• November / December 2022. At the Housing & Community Development Committee review, (1) The HCD Committee reviewed the proposal on October 18, 2022 and voted 2-0 in support of the proposal; and (2) The Committee expressed interest in using a portion of the remaining Affordable Housing Bond Funds for a site readiness program, down payment assistance, and funding land acquisition in previously redlined areas
• These concepts will be addressed as part of the Housing Trust Fund Policy discussions later this calendar year. The AHAC review of proposal was (1) Affordable Housing Advisory Committee (AHAC) recommended that the Housing and Community Development Committee approve allocating $6 million of the remaining Affordable Housing Bond funds to the Housing Trust Fund, and $500,000 to planning activities for city owned property; and (2) AHAC requested that staff prioritize the focus of reallocated bond funds to Housing Trust Fund on down payment assistance and encouraging the redevelopment of sites within the Urban Renewal and redlining maps. The requested action is adoption of a resolution to allocate $6.0 million from the remaining 2016 Affordable Housing Bond funds to the Housing Trust Fund, and the accompanying budget amendment in the amount of $6.0 million. Ms. Vrtunski responded to various questions/comments from Council members, noting that the Down Payment Assistance Program is something that we will continue to work on. When Mayor Manheimer asked for public comments, none were received. Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolution and ordinance and they would not be read.