City Council regular meeting — September 12, 2023

Grace Barron spoke in opposition to the ordinance amendment regarding solicitation.

Background:

• The Water Resources Department requires after hours, weekend, and holiday answering services.
• The service must also be able to interpret and dispatch incoming calls to the proper emergency responder (i.e. Meter Service or Maintenance Calls).
• On June 1, 2023, Water Resources posted RFP298-AnsweringSvcFY23.
• Water Resources received six responsive proposals.
• Staff scored the proposals using a city approved matrix and selected Daupler as the highest-rated proposal.
• The initial contract amount will be $90,000 with a total not to exceed contract amount of $150,000 for the five year term.

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.
• A HUB search was also conducted.
• One MWBE vendor responded but their proposal was non-responsive.
• The selected vendor will self-perform all services. Committee(s):
• None Pro(s):
• Adoption of this Resolution will provide continuous, 24/7 responsive services to the community. Con(s):
• N/A

Fiscal Impact:

• Funding for the first year of this contract is available in the Water Resources Department operating budget.
• Future years will be planned for during the annual budget development process.

Background:

• This project is part of the Water Resources Department’s ongoing Capital Improvement Program and will assess the condition of one of the City’s High Hazard dams.
• The objectives include assessing the seismic risk and potential impacts to the safety of the dam, identifying conditions at the site which merit future rehabilitation or repair, and the installation of monitoring equipment that will assist engineers and staff in the maintenance of the dam.

Vendor Outreach Efforts:

• Through a qualifications based selection process beginning in November of 2021 the City of Asheville selected Schnabel Engineering South to provide on-call professional services for Dam Inspections and Improvements Projects.
• The City of Asheville entered into a master agreement with Schnabel Engineering South on April 5, 2022 for on-call professional services for Earthen Dams and Related Asset projects valid for three years with the option to renew for two additional years.
• City of Asheville Water Resources Staff determined that utilizing the on-call professional services for Dam Inspections and Improvement Projects was the best method to deliver this project and Schabel Engineering South was specifically qualified to provide the required engineering services.
• If approved, the proposed engineering services described here within will be developed into a subcontract under the conditions of the master agreement.
• No other vendor outreach was performed. Committee(s):
• None. Pro(s):
• This project is aligned with the City and the Water Resources Department goal of continued investment and improvement of the City’s water system through Capital Improvement Projects.
• The project will help provide safe and reliable service to our consumers.
• Schnabel Engineering South has successfully provided engineering services for other water system improvement projects.
• Their experience with the department’s earthen dams and expertise in dam construction and improvement projects will lead to a successful project with lesser negative impacts to customers and the City’s water system. Con(s):
• Failure to award an engineering services contract would prevent the Water Resources Department from completing the water system capital improvement project in a timely manner.

Fiscal Impact:

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

Background:

• In August 2013, City Council approved a resolution authorizing a multi-year agreement with Reem’s Creek Fire Department for automatic aid service.
• The City of Asheville has a need to strengthen its standard of response and cover in the Beaverdam Valley and the Reem’s Creek Fire Department is the most appropriate organization to provide the service.
• The initial agreement costs were $82,656 and as stipulated in the agreement, the costs are to be adjusted every year based on the consumer price index.
• After 10 years of positive consumer price index increases, the renewal for Fiscal Year (FY) 2023-24 services cost and are budgeted at $110,081.83.
• The term of the renewal agreement will end June 30, 2024.

Vendor Outreach Efforts:

• No other vendors are able to provide this service.
• There are no Minority & Women-Owned Business Enterprise (MWBE) firms able to provide this service. Committee(s):
• None Pro(s):
• Allows the standard of cover to be met greater than 90% of the time. Con(s):
• Increasing cost to maintain existing level of service.

Fiscal Impact:

• Funding for this agreement is available in the Fire Department’s operating budget.

Background:

• North Carolina General Statute § 160A-299 grants cities the authority to permanently close streets and alleys.
• The statute requires City Council to consider whether the closure of the right of way has a negative impact to the public interest and whether the closure would impede access to parcels, utilities, and other public infrastructure.
• 9999 Hazel Mill Rd, LLC, Owner, petitioned for this closure to develop a five story multi-family dwelling with 23-30 units.
• The unopened right-of-way is a triangle-shaped area located along the west edge of Craven Street.
• The closure does not impede any future transportation connections nor does it conflict with any utility access. Committee(s):
• Technical Review Committee, July 17, 2023, unanimously recommended approval.
• Multimodal Transportation Commission, August 23, 2023, unanimously recommended approval. Pro(s):
• There are no utility conflicts, nor any transportation connectivity opportunities associated with this unopened right-of-way. Con(s):
• None.

Fiscal Impact:

• This action requires no City resources and has no fiscal impact.

Background:

• Buncombe County currently bills and collects City property taxes.
• At the August 22, 2023, meeting, City Council approved an addendum to the existing tax collection agreement with Buncombe County to ensure that it fully conforms to the provisions of Chapter 105 of the North Carolina General Statutes, entitled The Revenue Act.
• As part of that compliance, the City Council must, on a monthly basis, approve all property tax releases and refunds that have been approved by the Buncombe County Board of Commissioners.
• City of Asheville refunds and releases for July 2023 are provided to City Council. Pro(s):
• Ensures compliance with provisions of Chapter 105 of the North Carolina General Statutes, entitled The Revenue Act. Con(s):
• None

Fiscal Impact:

• None.

Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolutions and ordinances on the Consent Agenda and they would not be read.

Principal Planner Will Palmquist said that this is the consideration of an ordinance to conditionally zone 1 Oak Street from Central Business District to Central Business Expansion/Conditional Zone for the purpose of approving a conceptual master plan for the development of several multi-story buildings consisting of residential, hotel, retail and office uses. This public hearing was advertised on August 11 and 18, 2023. On August 22, 2023, this public hearing was continued to this date. Project Location and Contacts:

• The project site totals 10.5 acres (PINs 9649-51-0876, 9649-51-5764, and 9649-51-7393)
• Owners: First Baptist Church of Asheville, YMCA of Asheville Summary of Petition: Review Process
• The project will be reviewed as a conceptual master plan and follow the typical conditional zoning process for projects located in the CBD, as prescribed in UDO Sec. 7-5-9.1.
• Specific design details, building heights, number of residential units, and square footage of other uses are not required for this phase of review, but are defined as an appropriate range of uses to allow for appropriate review by approving bodies.
• Following the adoption of the conditional zoning, which will define the general parameters of the development and its programming, the project will be reviewed in multiple phases through Final TRC Review.
• Each project phase would not need to return to City Council for a conditional zoning amendment as long as the plans meet the zoning parameters established in the prior conceptual master plan entitlement process.
• Each project phase would require review and approval by the Design Review Committee, as well as ministerial site plan review and approval by the Planning & Zoning Commission. Project Site
• The project site consists of three properties totalling 10.5 acres.
• The site is bound by Charlotte St to the east, College St to the south, Oak/Woodfin St to the southwest, Central Ave to the west, and the I-240 east offramp to the north.
• The site currently consists of the following uses:
• YMCA of Asheville on the northern parcel (30 Woodfin St)
• First Baptist Church of Asheville on the middle parcel (5 Oak St)
• State Employees Credit Union (SECU) building on the southern parcel (1 Oak St).
• Large surface parking lots are located around and between these existing uses.
• The site is currently zoned Central Business District (CBD).
• Given the size of the project (over 100,000 s.f.) a conditional zoning to the Central Business District Expansion
• Conditional Zone (CBD-EXP) district is required.
• The site is designated “Downtown" on the city’s Future Land Use (FLU) Map. A change in the FLU designation will not be required.
• The project site is located outside of the Traditional Downtown Core.
• The southern parcel at 1 Oak St where SECU is located is within the Hotel Overlay District allowing small and large hotels.
• The subject property is located within both the Intermediate Height Zone and Tallest Height Zone. The Intermediate Height Zone covers the majority of the middle parcel at 5 Oak St where the First Baptist Church is located and allows for maximum building heights of 145’. The Tallest Height Zone covers the northern and southern parcels on either side of the First Baptist Church and allows for a maximum height of 265’.
• Oak/Woodfin St, Charlotte St, and College St are identified as Key Pedestrian Streets.
• The First Baptist Church is identified as an Existing Visual Landmark. Overall Project Proposal
• New building construction includes a total of five new buildings totaling approximately 1,120,000 s.f. including approximately 400-650 residential units, 133,000-250,000 s.f. of office, 75,000
• 120,000 s.f. of commercial, 165-300 hotel lodging guestrooms, and 60,000-75,000 s.f. of YMCA space.
• Other site improvements include a seven-level parking garage with approximately 800 spaces and an eight-level parking garage with approximately 900 spaces, as well as new interior roadways, sidewalks, surface parking, and on-street parking.
• The proposed building heights and uses for each building is as follows:
• Building 1: 6 stories tall with YMCA space, residential, and retail.
• Building 2: 20 stories tall with hotel/lodging.
• Building 3: 6 stories tall with office and commercial.
• Building 4: 19 stories tall with residential and commercial.
• Building 5: 6 stories tall with residential and commercial. Site Layout and Design
• There are no density, structure size, impervious surface, lot size, or lot width requirements in the CBD.
• Minimum and maximum front yard setbacks in the CBD district are 0’, with exceptions made for buildings that front on sidewalks and other urban streetscape amenities.
• The project is seeking a technical modification for front yard setbacks.
• A stepback of a minimum 10’ in depth is required at the street wall height along at least two-thirds of the length of the street-side façade. The requirement only applies along rights-of-way less than 75’ wide, and therefore only Building 4 on Central Ave is required to provide this stepback.
• The project is seeking a technical modification for no stepback for Building 4 along Central Ave.
• For buildings taller than 75’, a side step-back that equals one-half of the width of the façade above 75’ is required.
• The project is seeking a technical modification for required step-backs for buildings taller than 75’.
• The maximum horizontal wall dimension in any direction is limited to 145’ for additional floors above 75’ in height.
• The project is seeking a technical modification for maximum horizontal wall dimensions for floors above 75’ in height, but not to exceed the following:
• Building 1: 250’
• Building 2: 260’
• Building 3: 260’
• Building 4: 300’
• Building 5: 260’
• The building frontages along Oak/Woodfin St, which are designated as a Key Pedestrian Street, are required to cover 80% of the property’s frontage.
• The project is seeking a technical modification for the minimum 80% frontage coverage requirement. Landscaping and Open Space
• Landscape requirements are minimal and limited to street trees, and street buffers.
• Tree Canopy Preservation requirements are required.
• The site is located in the “Downtown” Resource Management District and the project is classified as “Class A.” Tree Canopy Preservation requirements vary based on the existing tree canopy preserved, and can be met through on-site preservation, new plantings, or payment of fee-in-lieu. Access, Sidewalks and Parking
• Access to the site is provided by a series of curb cuts and internal roadways, including a roadway/driveway connection between Charlotte St and Woodfin St.
• Sidewalks exist with varying widths along all street frontages of the site. New sidewalks are proposed along all street frontages at widths wider than the required 10’-wide minimum.
• Off-street bike facilities (“cycletracks”) are proposed at a minimum width of 5’-wide along Charlotte and College Streets.
• Off-street parking is not required in the CBD, except for lodging uses with a minimum of 1 space per 2 bedrooms, plus additional spaces as required for other uses within the hotel, and a maximum of 1 space per 1 bedroom, plus additional spaces as required for other uses within the hotel/motel.
• The project is proposing a maximum of 2,000 parking spaces with the majority located in parking garages.
• Parking garages placed on a Key Pedestrian Street shall provide a full habitable story and use along the street-side facade with a minimum depth of 15 feet and an average minimum depth of 20 feet, or shall comply with the design and operation standards for openings and design organization requirements for new construction.
• Charlotte and College Streets are served by bus transit. There is a bus stop on College St near the corner of Oak St with a minimal bus shelter, as well as a bus stop on Charlotte St near the corner of the I-240 east off ramp with no shelter.
• The project proposes to improve both of these transit stops into bus shelters, to be designed based on standard City specifications. Project Conditions
• Affordable housing is proposed as part of the project:
• A minimum of 20% of the residential units provided in Phase 1 will be designated affordable to those earning at or below 80% of Area Median Income (AMI) for a minimum of 20 years.
• A minimum of 20% of the residential units provided in Phase 2 will be designated affordable to those earning at or below 80% Area Median Income (AMI) for a minimum of 20 years.
• The project proposes ground-floor commercial/retail uses in substantial conformance with that demonstrated on the site plan drawings, including a minimum of 50-75% (excluding vehicular access areas) on the public street-facing, ground-floor facade for each building. Vehicle access and service area are excluded from the total.
• The project will preserve trees identified for preservation on the master site plan drawings that are deemed healthy by the City arborist and shall protect trees during construction as per UDO Sec. 7-11-3(c)(2). If any designated trees are damaged or lost as a result of construction activities associated with the Project, the Project will replace them with the same or similar species in the same place, or other location within the Project area determined by the City arborist.
• The Project shall meet stormwater requirements found in Sec. 7-12-2(f). The maximum pre-development runoff coefficient value/curve number to be applied shall be calculated according to existing survey conditions at the time of Conditional Zoning adoption. The Project shall utilize green stormwater infrastructure devices including rain gardens, green roofs, bioswales, pervious surfaces, underground detention equipment, etc. to manage stormwater quality treatment for a minimum of 20% of the Project’s requirements.
• A Traffic Impact Analysis (TIA) will be required through the NCDOT process. The Project shall implement any recommendations identified through the TIA review process. In addition, the TIA will include the following:
• Analysis and mitigation of any access points to the Project that are shown to negatively impact adjacent intersections.
• Consideration of freight and service delivery access to minimize impacts to adjacent roadways.
• Consideration of a Transportation Demand Management (TDM) and parking management plan to discourage single-occupancy vehicle usage.
• Evaluation of improvements to the pedestrian connectivity network, including the consideration of new crosswalks as necessary. Technical Modifications
• The project is seeking technical modifications to development standards through the conditional zoning process including:
• Front yard building setbacks greater than 0’ to allow for an enhanced public realm and streetscape.
• No building stepback at the streetwall height along Central Ave where a 10’ stepback across two-thirds of the facade would otherwise be required.
• Maximum horizontal wall dimensions in excess of the standard maximum linear distance of 145’ for floors above 75’ in height, but not to exceed the following:
• Building 1: 250'
• Building 2: 260'
• Building 3: 260'
• Building 4: 300'
• Building 5: 260'
• No side stepbacks for the facade above 75 feet, instead of the required side stepback equal to one-half of the facade width.
• The Project will not have to comply with the minimum building coverage of 80% along the frontage line for the primary Key Pedestrian Street frontage of Oak/Woodfin St.
• No separate storefronts for the hotel building, where 50% of the street-facing facades would be required to be a separate, occupiable storefront with a separate entrance, and have a minimum depth of 15’ and average minimum depth of 20’.
• No full habitable story and use along the street-side facade for the parking garage fronting on Charlotte St and associated with the hotel use, where this would otherwise be required at a minimum depth of 20’. Consistency with the Comprehensive Plan and Other Plans: Living Asheville Comprehensive Plan (2018)
• The proposed development supports a number of goals in the Living Asheville Comprehensive Plan, including:
• Encourage Responsible Growth
• by providing infill development in targeted growth areas.
• Increase and Diversify the Housing Supply
• by increasing the supply of housing, including affordable housing in proximity to schools, transit and parks.
• Increase Access to Safe Bicycling
• by expanding bicycle facilities and removing gaps in the city’s bicycle network.
• The proposed development is compatible with the Future Land Use designation of “Downtown”, which is proposed in part, that:
• “Downtown continues to expand with new development and revitalization opportunities along the edges of the downtown core and via infill development.”
• “Downtown is also an important residential area and it benefits from having year-round full time residents. Opportunities for growing this sector of the downtown population through new development is important for the future including market rate and affordable residential housing.“
• “Downtown represents a version of Asheville’s sustainable and resilient future as a place to live, work, relax and visit among a vibrant and engaging urban environment. With its rising popularity and recognition, management of its public spaces is paramount to ensure the downtown continues to be a desirable place for those that live in and visit Asheville.”
• Downtown is also the hub of the city transit system and in support of this, pedestrian and bicycle facilities should be a priority for getting into and around the downtown area. Toward this end, further enhancement of traditional and green infrastructure, such as sidewalks, stormwater, tree canopy, public spaces, broadband and multimodal connectivity should be prioritized and supported by sound urban design and placemaking principles.”

Compatibility Analysis:

• The proposed mixed-use project is generally compatible with the surrounding land uses, including:
• The existing Four Points hotel located to the west of the project site across Central Ave, which has received approval for a large addition and site improvement.
• The surface parking, TD bank building, office building, and First Congregational Church located to the southwest of the project site across Oak/Woodfin St.
• The Hilton Garden Inn located to the south of the project site across College St.
• The office and institutional uses located to the east of the project site across Charlotte St.
• The East End Valley Street neighborhood to the southeast which is buffered from the project by topography and vegetation. Committee(s):
• Technical Review Committee (TRC)
• March 6, 2023
• Approved with conditions.
• Design Review Committee (DRC)
• Informal review on March 23, 2023.
• Multimodal Transportation Commission (MMTC)
• Informal review on April 26, 2023.
• Downtown Commission (DTC)
• Informal review on May 12, 2023.
• Design Review Committee (DRC)
• May 18, 2023
• The project was formally reviewed by the DRC on May 18, 2023, where the project was approved with the following conditions: 1) That the proposed architectural precedence include a broad range of architectural styles and contextual responses; 2) That the proposed design exceed the UDO requirements for minimum sidewalk widths, where appropriate and as shown in the conceptual master plan documents; 3) That the project prioritize greenwater stormwater infrastructure over conventional underground stormwater detention, at-grade and at rooftops; 4) That the project protect as many trees as practical and that any future plantings exceed the size and number as required in the UDO; 5) That the project considers the buildings’ pedestrian scale, articulation and engagement along Central Ave, College St, and Charlotte St; 6) That the applicant develop a relationship with the East End Valley neighborhood, and other neighborhoods as appropriate, to mitigate construction impacts and help building community capacity; 7) In the event that the property line and existing intersection at Charlotte and College Streets is modified, that the project has the ability to better activate and engage with that corner of the site; 8) That the project’s request for a modification to the streetwall stepback be granted upon judicious use of building articulation and streetwall activation, on a per building basis; and, 9) That the project utilize their property to enhance the public realm with elements such as wider sidewalks and bike lanes, as applicable with the conceptual master plan.
• Review by the Planning & Zoning Commission (PZC)
• July 19, 2023
• Continued to the August 2, 2023 meeting.
• Review by the Planning & Zoning Commission (PZC)
• August 2, 2023
• Approved (Vote 4:0) with the following condition: That the applicant work with staff to amend the Exhibit E
• Project Condition #3 regarding the review criteria of future phases by the Design Review Committee, as necessary.

Staff Recommendation:

• Staff recommends approval of this rezoning request based on the reasons stated above. Mr. Palmquist reviewed the existing and proposed zoning, the aerial imagery and the future land use map. About the concept site plan, approx. 1.1M s.f.; Residential: 400
• 650 units; Community/Recreational: 60,000
• 75,000 s.f.; Office: 133,000
• 250,000 s.f.; Commercial: 75,000
• 120,000 s.f.; Hotel: 165
• 300 guestrooms; and Parking: Maximum 2,000 spaces. The following are the building specifications
• Building 1: 6 stories tall with YMCA space, residential, and retail; Building 2: 20 stories tall with hotel/lodging; Building 3: 6 stories tall with office and commercial; Building 4: 19 stories tall with residential and commercial; and Building 5: 6 stories tall with residential and commercial. He described the Phase 1 and Phase 2 development phasing. The concept plan for Phase 1 is Residential: 100
• 200 units; Commercial: 6,000
• 14,000 s.f.; Hotel: 165
• 300 guestrooms; and Community/Recreational: 60,000
• 75,000 s.f. The concept plan for Phase 2 is: Phase 2 Residential: 300
• 450 units; Office: 125,000
• 225,000 s.f.; and Commercial: 30,000
• 90,000 s.f. Regarding the review process, (1) The project will be reviewed as a conceptual master plan and follow the typical conditional zoning process for projects located in the CBD, as prescribed in UDO Sec. 7-5-9.1; (2) Specific design details, building heights, number of residential units, and square footage of other uses are not required for this phase of review, but are defined as an appropriate range of uses to allow for appropriate review by approving bodies; (3) Following the adoption of the conditional zoning, which will define the general parameters of the development and its programming, the project will be reviewed in multiple phases through Final TRC Review; (4) Each project phase would not need to return to City Council for a conditional zoning amendment as long as the plans meet the zoning parameters established in the prior conceptual master plan entitlement process; (5) Each project phase would require review and approval by the Design Review Committee, as well as ministerial site plan review and approval by the Planning & Zoning Commission; and (6) DRC review, as proposed, would be limited to design and appearance and would not: “not reduce the height, square footage, or mass of any structure, or materially affect any requirements, specifications, building stepback, setbacks, density or siting within the overall context established by the conditional zoning ordinance, without the consent of the developer.” Regarding transportation, (1) Sidewalks exist with varying widths along all street frontages of the site. New sidewalks are proposed along all street frontages at widths wider than the required 10’-wide minimum: Charlotte St: 11’-wide sidewalk with tree grates; College St: 14’-wide sidewalk with tree grates, 8’-wide bus stop; Oak/Woodfin St: 15’-wide sidewalk with 7’-wide planting strip; and Central Ave: 20’-wide sidewalk with tree grates; (2) Sidewalks internal to the Project and not within the public right of way shall be a minimum of 10’ in width; (3) Off-street bike facilities (“cycletracks”) are proposed at a minimum width of 5’-wide (6’-wide typical) along Charlotte and College Streets; and (4) Charlotte and College Streets are served by bus transit. There is a bus stop on College St near the corner of Oak St with a minimal bus shelter, as well as a bus stop on Charlotte St near the corner of the I-240 east off ramp with no shelter
• The project proposes to improve both of these transit stops into bus shelters, to be designed based on standard City specifications. He then explained the project conditions as follows: (1) A minimum of 20% of residential units in both Phase 1 and Phase 2 to be designated affordable to those earning at or below 80% AMI
• For Phase 2, 20% of these affordable units will accept HACA Housing Choice vouchers if it does not include Low Income Housing Tax Credit (LIHTC) units; (2) The project proposes ground-floor commercial/retail uses in substantial conformance with that demonstrated on the site plan drawings, including a minimum of 50-75% (excluding vehicular access areas) on the public street-facing, ground-floor facade for each building; (3) The project will preserve trees identified for preservation on the master site plan drawings that are deemed healthy by the City arborist and shall protect trees during construction as per UDO Sec. 7-11-3(c)(2). If any designated trees are damaged or lost as a result of construction activities associated with the Project, the Project will replace them with the same or similar species in the same place, or other location within the Project area determined by the City arborist; and (4) The Project shall meet stormwater requirements found in Sec. 7-12-2(f). The maximum pre-development runoff coefficient value/curve number to be applied shall be calculated according to existing survey conditions at the time of Conditional Zoning adoption. Project shall utilize green stormwater infrastructure devices including rain gardens, green roofs, bioswales, pervious surfaces, underground detention equipment, etc. to manage stormwater quality treatment for a minimum of 20% of the Project’s requirements. Technical modifications for the Central Business District Form Code are: (1) Front yard building setbacks greater than 0’ to allow for an enhanced public realm and streetscape; (2) No building stepback at the streetwall height along Central Ave where a 10’ stepback across two-thirds of the facade would otherwise be required; (3) Maximum horizontal wall dimensions in excess of the standard maximum linear distance of 145’ for floors above 75’ in height, but not to exceed the following: Building 1: 250'; Building 2: 240'; Building 3: 260'; Building 4: 280'; and Building 5: 240'; (4) No side stepbacks for the facade above 75 feet, instead of the required side stepback equal to one-half of the facade width; and (5) The Project will not have to comply with the minimum building coverage of 80% along the frontage line for the primary Key Pedestrian Street frontage of Oak/Woodfin St. Technical modifications for the hotel overlay are: (1) No separate storefronts for the hotel building, where 50% of the street-facing facades would be required to be a separate, occupiable storefront with a separate entrance, and have a minimum depth of 15’ and average minimum depth of 20’; and (2) No full habitable story and use along the street-side facade for the parking garage fronting on Charlotte St and associated with the hotel use, where this would otherwise be required at a minimum depth of 20’. He then explained how the project was consistent with the Living Asheville Comprehensive Plan; and how the project proceeded through the review process of the Technical Review Committee, Design Review Committee, Multimodal Transportation Committee, Downtown Commission, Design Review Committee again, and the Planning & Zoning Commission, which were approved with conditions. He said that staff concurs with the Planning & Zoning Commission and recommends approval of the proposed conditional zoning. Steve Navarro, President and CEO of The Furman Co.; Robert Poppleton, Vice President at The Furman Co.; Rev. Mack Dennis of First Baptist Church of Asheville, and Paul Vest, President & CEO of the YMCA of Western North Carolina all spoke about the vision of First Baptist Church and the YMCA, describing their need for expanded programs for our community. There was considerable discussion amongst City Council, Mr. Palmquist and Mr. Navarro and Mr. Poppleton. Discussion consisted of whether the bottom floor of the hotel will be activated; will Phase 1 accept vouchers; justification for the 2,000 parking spaces and how was that number determined; concern over the height of the 20 story hotel and 19 story residential and commercial building with a suggested 15-story maximum on those buildings; prohibition of short-term rentals unless prohibited by state law; internal bike lane; given the nature of a phased development proposal, the developer shall maintain an ongoing dialogue in collaboration with the surrounding community throughout the development process consistent with the process and agreements made to date with the East End neighborhood; agreement to no gated communities; if the developer was unable to complete all phases and/or residential, would the developer revert back to some type of community benefits table; and ped/bike pathway internal to the project; will public parking be available in the parking deck. Councilwoman Roney said that “Our Council rules do not allow me to vote while attending remotely, but I want to share my position for transparency and accountability then pose a question. Through this process, I was contacted by a representative of the development team that asked me to consider this for a unanimous vote. When voting, I have two choices, yes or no. This binary does not reflect the complex reality of issues our community faces or the path to healing and repair we desire from the history of harmful, racist zoning practices. There is a tale of two Ashevilles, one where outside investors, and owning class neighbors benefit from our extractive tourism industry, and another where working, poor, renters and households vulnerable to gentrification are displaced by unchecked tourism while our ecosystem and infrastructure are burdened. Regarding Project Aspire, I agree with this sentiment at our agenda briefing on Thursday that we’re not yet ready to make the decision on Conditional Zoning to ensure success of this transformational project. More time is needed to address land use impact concerns identified by the adjacent East End/Valley Street neighborhood. When the hotel overlay map passed in 2021, I did not vote to approve it because of concerns including land use that surrounds some of our historic Black neighborhoods of East End/Valley Street and Southside at every entrance with lodging/hotel use–we would not do that to other neighborhoods in the City. Another issue is that this project does not have to comply with the benefits table because it is too large. I’m grateful to hear community input tonight and remain hopeful that the development team that includes First Baptist Church and the YMCA can meet at this moment to respond to concerns and find solutions. I appreciate the health and childcare facilities, and appreciate commitment to address my concern that this won’t be a gated community. As proposed and as a precedent moving forward, I would not vote to approve the hotel use, and my question is: is the development team willing to pause and come back once neighborhood concerns are addressed?” Councilwoman Roney, Councilwoman Turner and Councilwoman Ullman requested additional time to review the project, along with a firm list of project conditions agreed upon by both parties. Mr. Navarro said that they do want Council’s support for this project, and if more time is needed, they would be willing to delay for two weeks. When Councilwoman Roney suggested public comment be allowed by those present at the meeting because the public might raise some concerns that are not apparent, Mayor Manheimer said that if the public hearing is continued, public comment should be taken at that time.

At the request of the applicant,

Mayor Manheimer said that public comment was taken on the first reading of this ordinance on August 22, 2023, so there will be no additional comment taken. Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.

Homeless Strategy Division Manager Emily Ball said that this is consideration of adoption of a resolution authorizing the City Manager to utilize City of Asheville American Rescue Plan Act (ARPA) funding for short term shelters; enter into an interlocal agreement with Buncombe County to administer their ARPA funding for the project; enter into service agreements with Salvation Army, Safe Shelter, and Haywood Street Congregation to preserve 45 existing and create 43 new high-access shelter beds; and approve the associated budget amendment. Background:

• In January 2023, the National Alliance to End Homelessness (NAEH) recommended adding 95 high-access beds to the community’s shelter inventory to respond to the increase in unsheltered homelessness.
• The Homeless Initiative Advisory Committee (HIAC) initiated a Shelter Work Group to develop a strategy to produce the additional recommended shelter beds. Through a competitive bidding process that included specific outreach to existing shelters, the Shelter Work Group identified three service providers who are collectively prepared to add 43 new shelter beds in alignment with NAEH recommendations: Salvation Army (20), Safe Shelter (20), and Haywood Street Congregation (3).
• The Shelter Work Group also identified a need to preserve 45 beds at risk of closure at the Salvation Army due to the end of federal CARES Act funding.
• HIAC has submitted a request to the City of Asheville and Buncombe County to a) make available a collective $1,750,000 to fund these 43 new beds and 45 continuing beds for a period of 15 months, and b) participate in a taskforce to plan a new high-access shelter.
• At their September 5, 2023 meeting, Buncombe County Commissioners authorized $875,000 in ARPA funding for the 43 new beds and 45 continuing beds and authorized an interlocal agreement to provide those funds to the City to administer through contracts with shelter providers.
• As part of the American Rescue Plan Act that was signed into law in March 2021, the City of Asheville was allocated $26,293,853 million designated as Coronavirus State and Local Fiscal Recovery Funds.
• The City currently has an unallocated ARPA balance of $1,376,384. In alignment with the continued commitment to implement NAEH recommendations, staff is recommending that the City Council match the County’s contribution and authorize up to $875,000 of its remaining ARPA funding for the 43 new high-access shelter beds and 45 continuing beds.
• For administrative efficiency and to streamline the contracting process, staff also recommend approval of an interlocal agreement with Buncombe County for the City to serve as the primary contract administrator with shelter providers and manage reporting requirements for the City’s and County’s short-term shelter ARPA contributions, totaling $1,750,000 ($875,000 from each organization). Committee(s):
• This funding request was initiated by the Homeless Initiative Advisory Committee (HIAC) as part of their implementation of the recommendation from the National Alliance to End Homelessness to add 95 shelter beds in the Continuum of Care. HIAC’s Shelter Work Group identified these three shelter providers through their competitive bidding process focused on shelter expansion within the community’s existing provider network.
• On July 27, 2023, HIAC unanimously approved the Shelter Work Group’s recommendations to a) approve these 3 providers and 43 new beds and 45 continuing beds, b) seek funding for this initiative from the City and County, and c) begin a planning process focused on building a new shelter site to secure additional beds long term. Pro(s):
• Provides immediate capacity expansion to meet a critical shelter need.
• ARPA local government funding is a unique opportunity to make significant investments in addressing disparate impacts of the COVID-19 pandemic and to build future resilience of our communities in an equitable way.
• At every stage of this process, the City of Asheville has focused on ensuring successful outcomes, from initial selection of categories to ongoing performance management and partnership.
• The use of ARPA funds for short-term shelter funding is aligned with one of the primary focuses of ARPA funds.
• Allows the City to focus on partnerships in the community, along with capacity building, support and networking to build a more collaborative approach to addressing unsheltered homelessness. Con(s):
• A funding source has not been identified to sustain operations past the initial 15-month period.

Fiscal Impact:

• The City’s $875,000 contribution to this project would be funded using unprogrammed ARPA funding. If approved, $501,384 of the City’s $26,293,853 million ARPA allocation would remain available for other uses. Ms. Ball said the key takeaways from her presentation are (1) Unsheltered homelessness has increased significantly during the pandemic. Based on a comprehensive needs assessment, the National Alliance to End Homelessness recommended adding 95 shelter beds to meet the need; (2) Our community’s planning body, the Homeless Initiative Advisory Committee (HIAC), has identified 3 shelter providers who can collectively add a total of 43 new beds; (3) HIAC has asked the City and County for a combined $1,750,000 to fund this initiative; (4) Buncombe County has authorized $875,000 to fund this effort; (5) Beds would be available this fall, and would complement upcoming permanent supportive housing developments and Code Purple to meaningfully expand community capacity to respond to unsheltered homelessness; and (6) Staff are recommending that $875,000 in City ARPA funds be allocated to match Buncombe County funding for this initiative. She said the short-term emergency shelter expansion is (1) Unsheltered homelessness has increased significantly during the pandemic; (2) In January 2023, the National Alliance to End Homelessness recommended adding 95 high-access beds to the community’s shelter inventory to respond to the increase in unsheltered homelessness.; (3) The Homeless Initiative Advisory Committee (HIAC) initiated a Shelter Work Group to develop a strategy to produce the recommended beds. Through a Request for Partnership, the work group identified 3 shelter providers able to add capacity
• Haywood Street Respite: 3 beds; Safe Shelter: 20 beds; and Salvation Army: 20 beds; (4) The Shelter Work Group also identified a need to preserve 45 beds at risk of closure at the Salvation Army due to the end of federal CARES Act funding; (5) HIAC submitted a request to the City of Asheville and Buncombe County to: (a) Provide $1,750,000 in funding to add 43 beds and preserve 45 beds; and (b) Participate in a taskforce to plan a new, permanent high-access shelter; (6) At their September 5, 2023 meeting, Buncombe County Commissioners authorized (a) $875,000 in ARPA funding for these beds; and (b) An interlocal agreement to provide those funds to the City to administer through contracts with shelter providers; (7) The City of Asheville received $26,293,853 in ARPA funding and has an unallocated balance of $1,376,384; and (8) In alignment with continued commitment to implement NAEH recommendations, staff is recommending that City Council match the County’s contribution and authorize: (a) Up to $875,000 in remaining ARPA funding to add 43 beds and preserve 45 beds; and (b) An interlocal agreement to receive and administer the County’s matching funds for this initiative. In response to Councilwoman Roney, City Attorney Branham said that the funding source for this contract is proposed to come from the ARPA funds. Because of that it falls under the contractual provision requirements as established by the federal government, which includes a specific provision regulating and prohibiting discriminatory activities as part of the contract. So there will be a non-discrimination provision included in this and every other ARPA contract. In addition, the City will also cite the City’s non-discrimination ordinance as a binding effect on this contract as well. Ms. Ball also noted that all three entities are aware of that provision and feel confident they can comply. Nina Tovish spoke in support of these actions and wondered if the City might pilot a program to see what happens if you just give cash to people and let them find their own housing. Michael Reardon, Associate Rector at Grace Episcopal Church, expressed his gratitude for the City to provide these funds for this needed purpose. 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.