City Council regular meeting — May 28, 2024

Urban Planner Will Palmquist said that this is the consideration of an ordinance to conditionally zone 21 London Road from Commercial Industrial District to Residential Expansion

• Conditional Zone, and to amend the Future Land Use Map from Industrial/Manufacturing to Urban Corridor. This public hearing was advertised on February 16 and 23, 2024. On February 27, 2024, this public hearing was continued to March 26, 2024, per the applicant’s request. On March 26, 2024, this public hearing was continued to this date, per the applicant’s request. Project Location and

Contacts:

• The project site totals 2.63 acres located at 21 London Rd (PIN 9647-89-2135)
• Owner: London Asheville LLC Summary of Petition: Project Site
• The project area consists of one property totalling 2.63 acres located at 21 London Rd and is identified in the Buncombe County land records as PIN 9647-89-2135)
• The site is currently zoned Commercial Industrial (CI), which is the predominant zoning for the surrounding area.
• The site is currently vacant with the previously existing 1-story garage building recently demolished.
• Sweeten Creek is located to the northeast of the property with a 30'-wide stream buffer located on the property.
• Given the size of the project (over 50 residential dwelling units) a conditional zoning to the Residential Expansion
• Conditional Zone (RES EXP
• CZ) district is required.
• Based on the Living Asheville Comprehensive Plan Future Land Use Map (FLUM) the property is currently designated “Industrial/Manufacturing”, which reserves land with good access to transportation systems to support the economic section for light industry and office or business incubators.
• While Industrial/Manufacturing may include opportunities for housing for workers who may live amongst or adjacent to the industry or other businesses in the area, the property is adjacent to properties along Sweeten Creek Rd and London Rd designated as “Urban Corridor.” Therefore, a change to the Future Land Use map is recommended. Overall Project Proposal
• New building construction includes a new six-story building with a total of 208 units of multi-family housing.
• Four stories of residential construction are proposed above two stories of structured parking
• Other site improvements include structured parking, new sidewalks, and a pool and amenity area. Site Layout and Design
• Maximum building height for multifamily buildings in the RES EXP district is 60 feet.
• The maximum building height of the proposed project is 74 feet.
• The project is seeking a technical modification for maximum building height.
• Maximum density in the RES EXP district is 20 units/acre or 50 units/acre if at least 20% of the dwelling units are affordable at 80% AMI.
• The proposed project’s density is 79.1 units/acre.
• The project is seeking a technical modification for maximum residential density.
• Front yard, rear yard and side yard setbacks of 15 feet are required in the RES EXP district.
• The project proposes no front yard setback, 5' side yard setbacks, and a 10' rear yard setback.
• The project is seeking a technical modification for setbacks.
• Maximum impervious surface in the RES EXP district for multifamily uses is 80%.
• The proposed project would result in a total impervious area of 63%. Access, Sidewalks and Parking
• Access to the site will be provided by two entrances into the proposed structured parking.
• The main pedestrian entrances to the building are at the eastern end of the north elevation and the southern end of the west elevation.
• A total of 223 parking spaces are proposed for the project. Based on the number of bedrooms and dwelling units, the minimum/maximum number of required parking spaces is 208/412 for the RES EXP district.
• Bicycle parking is required at a rate of 5% of the total number of vehicle parking spaces, which equates to 11 required bicycle parking spaces. The project is proposing 99 bicycle parking spaces.
• The pedestrian network in general along Sweeten Creek Rd and at the intersection of London Rd is problematic with few crosswalks and many areas without a sidewalk.
• NCDOT has a planned roadway improvement project for Sweeten Creek Rd (currently slated for construction in 2031) but it does not include this section of roadway.
• The City’s Transportation Department is currently assessing the feasibility of a sidewalk along London Rd, between Sweeten Creek and W. Chapel Roads.
• The RES EXP district requires new 10 foot-wide sidewalks be constructed, both along the primary access corridor and internally throughout the site.
• The project is proposing a new 10.5'-wide sidewalk along London Rd. The project proposes 5'-wide sidewalks internal to the site.
• The project is seeking a technical modification for sidewalks internal to the site and for the required sidewalk on Sweeten Creek Rd. The project has a very small portion of its property fronting on Sweeten Creek Rd and the roadway is constrained as it travels east across the bridge, which is not on the subject property.
• London Road is served by Asheville Rides Transit (ART) route S1. The closest transit stop (#648) is located at the corner of Sweeten Creek and London Roads, approximately 150’ north of the subject property.
• As recommended by City transit planning staff, the project proposes relocating this bus stop to an area adjacent to the project, with the exact final location to be determined, and improved to a bus shelter. Landscaping / Open Space / Tree Canopy
• Landscape requirements apply, including street trees, building impact, and parking deck landscaping.
• Street trees are required as being one small maturing tree for every 30 linear feet of property abutting a street, as there are overhead utilities present, which equates to 16 trees required along London Rd.
• The applicant is proposing 12 large maturing trees in tree grates, which would be required if there were no overhead utilities.
• The project is requesting a technical modification for the required street tree on Sweeten Creek Rd.
• The project is seeking a technical modification for street trees to be located in tree grates instead of a planting strip.
• Exposed parking decks are required to plant a minimum of one tree and two shrubs for every 30 linear feet of the parking structure's perimeter, with trees being planted within 20 feet of the structure. The project has 250 linear feet of exposed parking deck, and proposes the required 8 trees and 16 shrubs.
• Building impact landscaping is required as being one tree and two shrubs for every 1,000 square feet of building footprint, equalling 64 trees and 128 shrubs.
• Open Space is required at a rate of 50% of the site, or a rate of 20% of the site if the project meets the incentive requirements for either enhanced stormwater or affordable housing. Open space can be further reduced to 15% if the proposed open space meets certain design and operational standards. The project proposes 50% open space as required, equaling 1.35 acres.
• The project proposes to meet Tree Canopy Preservation requirements of 16% through a combination of 12% preservation and 4% plantings. The project site is classified as "Suburban" under the Tree Canopy Preservation standards, with a classification of “Class C”. The site has an existing tree canopy of 37%. Technical Modifications
• The project is seeking technical modifications to development standards through the conditional zoning process including:
• Maximum building height of 75’ instead of the 60’ maximum.
• Maximum residential density of 80 units/acre instead of the 20 units/acre maximum.
• Setbacks of 0’ for the front yard, 5’ for the side yards, and 10’ for the rear yard, instead of the required 15’ setback for all yards.
• 5’-wide sidewalks internal to the site instead of the required 10’-wide standard,
• No sidewalk as required on Sweeten Creek Rd.
• No street tree (1) as required on Sweeten Creek Rd.
• Street trees to be located in tree grates along London Road where a planting strip is required.
• No bike lanes into the development. 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.
• Make Streets More Walkable, Comfortable and Connected
• by eliminating gaps in the city-wide sidewalk network..
• Improve the Multimodal Transportation System
• by enhancing transit-supportive infrastructure such as bus shelters.
• The proposed rezoning is compatible with the proposed Future Land Use designation of "Urban Corridor", which is proposed, in part, as “redevelopment in the form of mixed-use residential, commercial and office uses that place emphasis on pedestrian-friendly amenities and infrastructure”.

Compatibility Analysis:

• The proposed multi-family project is compatible with the surrounding land uses, including:
• Commercial and mixed-uses along Sweeten Creek Rd and London Rd, as well as in and around Biltmore Village.
• Multi-family residential uses, planned and existing, to the north of the project site along Fairview Rd.
• Residential single-family uses to the southwest and east of the project site. Committee(s):
• Technical Review Committee (TRC)
• December 18, 2023
• approved with conditions.
• Planning & Zoning Commission (PZC)
• February 7, 2024
• approved (Vote 6:0)

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 site plan, (1) Vacant site, 30’-wide stream buffer; (2) New 6-story multi-family building; (3) 208 residential dwelling units; (4) Other site improvements: structured parking, sidewalks, and a pool/amenity area; (5) 223 parking spaces, 99 bike parking spaces; (6) Access by two new driveways into parking garage; (7) 10.5’-wide sidewalk on London Rd, 5’-wide sidewalks internally; and (8) ART route S1 and stop #648. Regarding the landscape plan, (1) Landscaping standards: street tree, building impact, and parking deck screening; (2) Open space at 50% of site (1.35 acres); and (3) Tree Canopy Preservation standards met through combination of preservation and new tree plantings. Regarding conditions, (1) A new bus stop and shelter, designed to standard city specifications, will be installed adjacent to the project with the final location to be determined in coordination with City staff; (2) Technical modifications: (a) Maximum building height of 75’ instead of the 60’ maximum; (b) Maximum residential density of 80 units/acre instead of the 20 units/acre maximum; (c) Setbacks of 0’ for the front yard, 5’ for the side yards, and 10’ for the rear yard, instead of the required 15’ setback for all yards; (d) 5’-wide sidewalks internal to the site instead of the required 10’-wide standard; (e) No sidewalk as required on Sweeten Creek Rd; (f) No street tree (1) as required on Sweeten Creek Rd; (g) Street trees to be located in tree grates along London Road where a planting strip is required; and (h) No bike lanes into the development. He then showed building elevations, along with an architectural rendering. He showed pictures of the different street views from various angles. He said the Technical Review Committee approved the project with conditions. The Planning & Zoning Commission voted to approve the project. He then explained how the project was consistent with the Living Asheville Comprehensive Plan. He said that staff concurs with the Planning & Zoning Commission and recommends approval of the proposed conditional zoning. Mr. Derek Allen, attorney representing the applicant, responded to various questions from City Council, some being, but are not limited to: is the project either available for a renewable energy plan or does it have a renewable energy plan; is there a plan for a sidewalk on Sweeten Creek Road on the other side of the bridge; was a Traffic Impact Study performed and if so, what did it show for that area; and what was the outcome of the neighborhood community meeting. Mr. Allen then read a condition that “the applicant will make good faith efforts to follow (and will expect its subcontractors to follow) the principles set forth in the Federal Procurement Regulations of 24 CFR 85.36(e) regarding contracting with small and minority firms and women’s business enterprises, as modified as follows: (a) applicant will take affirmative steps to assure that minority firms and women’s business enterprises are used where possible; and (b) affirmative steps will include (i) placing qualified small and minority businesses and women’s business enterprises on solicitation lists; (ii) assuring that small and minority businesses, and women’s business enterprises are solicited whenever they are potential sources; (iii) dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women’s business enterprises; (iv) conducting job fairs in minority neighborhoods; (v) working with the YMI, Mountain BizWorks and other local non-profit agencies that serve the minority communities in Asheville; and (vi) requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in this section.” Mr. Warren Suggs, civil engineer for the project, said that even though a Traffic Impact Analysis was not required for this project, they performed one, which the N.C. Dept. of Transportation agreed with their findings. He said that 80% of the traffic will go toward Sweeten Creek Road and 20% will move towards Shiloh. Mayor Manheimer opened the public hearing at 7:39 p.m. Robert Robinson spoke in support of this conditional zoning. Mayor Manheimer closed the public hearing at 7:41 p.m. Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.

Committee (DRC). Background:

• On February 23, 2021 the Asheville City Council adopted Ordinance No. 4855, “Ordinance Amending Chapter 7 of the Code of Ordinances of the City of Asheville to establish new standards for hotel development.”
• Ordinance No. 4855, adopted on February 23, 2021, established new standards for hotel development and also formalized the city’s design review process and established the Design Review Committee (DRC).
• On January 25, 2022, via Ordinance No. 4926, changes to the DRC included reducing the number of appointments that must come from both the Downtown Commission (DTC) and Asheville Area Riverfront Redevelopment Commission (AARRC) from four seats to three, and making the remaining three seats to be appointed at large by the City Council (for a total of nine seats all appointed by City Council).
• Since those appointments were made, it has come to the attention of City staff that committee terms are not consistent with their representing board; and thus, should be revised that all terms of the Downtown Commission representatives and the Asheville-Buncombe Riverfront Commission representatives on the Design Review Committee should be concurrent with the terms of their respective board. Committee(s):
• Design Review Committee (DRC)
• February 15, 2024
• informational review
• Design Review Committee (DRC)
• March 21, 2024
• unanimous negative recommendation
• - Concern about possibly reducing continuity and experience of DRC members.
• If adopted by City Council as proposed, the Clerk’s Office will monitor this Committee to address concern and appointment scheduling.
• Planning & Zoning Commission (PZC)
• April 3, 2024
• voted unanimously (6-0) to recommend change.
• Boards & Commissions Committee
• April 9, 2024
• voted unanimously (3-0) to recommend change.

Fiscal Impact:

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

Background:

• The North Carolina Department of Transportation performs periodic inspections of City-owned bridges
• The inspections provide recommendations for maintenance.
• This contract is intended to address these recommendations for bridges on Beaver Valley Road, Chestnut Street, Chunns Cove Road, Depot Street, Faircrest Road and Meadowview Road.
• The contract was advertised on March 12, 2024, and bids were opened on April 9, 2024.
• The following bids were received: Rock Creek Grading, LLC. of Burnsville, NC $368,000.00 Cinderella Partners of Indian Trail, NC $526,400.40 IPC Paving, LLC DBA IPC Structure of Hendersonville, NC $1,299,870.00

Vendor Outreach Efforts:

• Funding for this contract was previously budgeted and is available in the General Capital Projects Fund, as a result the outreach and engagement followed the City’s business inclusion processes.
• This process at a minimum requires staff to outreach businesses that have a documented contracting disparity directly and/or through prime contractors.
• 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 NC Historically Underutilized Business and NCDOT MWBE databases for potential contractors along with the City of Asheville ABI database.
• No companies from an identified disparity group (Black American or Hispanic) were found in the ten-county search area.
• No companies from an identified disparity group submitted a bid for the project.
• The contractor anticipates self-performing all of the work on this contract. Committee(s):
• None Pro(s):
• The award of this contract will result in maintenance being performed on six City-owned bridges Con(s):
• Construction will cause access delays to the impacted neighborhoods.

Fiscal Impact:

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

Background:

• Council approved funding in the amount of $350,000 in the FY 2023-24 budget for a solid waste master plan.
• The purpose of the solid waste master plan is to evaluate the City of Asheville’s existing solid waste management system and provide short- and long-term recommendations to improve and enhance the efficiency and quality of the system and increase waste reduction and diversion.
• Conducting a solid waste master planning process is listed as a high-impact activity in the Council-approved Municipal Climate Action Plan.

Vendor Outreach Efforts:

• Funding for this project is provided through the City General Fund and the Sanitation Division operating budget. As a result, the outreach and engagement followed the City’s business inclusion processes.
• Staff utilized the NC HUB vendor portal to identify individuals and firms for direct outreach. RFP respondents performed outreach for subcontracting utilizing the newly approved MWBE participation requirement of 8.39% for General Services.
• Staff issued a Request for Proposals in December 2023 and received four responsive proposals from the following firms:
• NewGen Strategies & Solutions, LLC of Colorado: $327,370
• Geosyntec Consultants, Inc. of Florida: $344,000
• Raftelis Financial Consultants, In.c of North Carolina: $324,500
• Kessler Consulting, Inc. of Florida: $329,800
• Proposals were reviewed by a panel and Kessler Consulting, Inc. (KCI) was selected as the prime consultant for the project.
• KCI, founded in 1988, is a niche firm that specializes in developing and implementing strategic, practical, and sustainable solid waste plans and in optimizing the business and operational efficiencies of solid waste management systems.
• KCI is headquartered in Tampa, FL with numerous satellite offices, including one in Boone, NC. KCI’s proposed team includes three North Carolina-based members, two of which currently reside in Asheville, and a Project Manager who has roots in Asheville.
• The selected vendor has proposed to utilize a local MWBE, Aisha Adams Media, to assist with stakeholder engagement, equity and inclusion analysis, and climate resilience analysis. Committee(s):
• 3/14/2023: Policy, Finance and HR Committee: Staff presented recommendations to increase the solid waste fee to, in part, support funding for a solid waste master plan in the FY24 budget. Update only with no vote.
• 11/28/2023: Environment and Safety Committee: Staff presented an overview of the solid waste master plan project, including background, scope of work, deliverables, and estimated timeline. Informational only with no vote. Pro(s):
• Supports Resolution 14-27 to reduce waste by 50% by 2035
• Addresses Council’s strategic priorities to Improve and Expand Core Services and to focus on Neighborhood and Climate Resilience
• Engages in a high-impact activity listed in the City’s Municipal Climate Action Plan Con(s):

None Fiscal Impact:

• Funding for this contract is available in the Public Works Department operating budget.

Background:

• On February 13, 2024, City Council passed Resolution 24-31 authorizing the City Manager to apply for the Community Waste and Recycling Grant from the N.C. Department of Environmental Quality.
• In 2014, City Council passed Resolution 14-27 adopting a waste reduction goal of 50 percent by 2035.
• The CWRAR grant will provide funding to support programming that increases awareness and drives education around how to ‘Recycle Right’ in order to reduce contamination in the recycling stream and improve, protect, and preserve our recycling program.
• Educating Asheville residents and businesses about what can go in their recycling carts will help to reduce contamination, reduce Material Recovery Facility (MRF) disposal tonnages and costs, ensure that our MRF has marketable commodities, and support the long-term viability of our recycling program.
• Grant funds will be used to purchase outreach and educational materials and to fund an educational media campaign.
• The City’s contracted Material Recovery Facility, Curbside Management, supports the development and implementation of this recycling outreach campaign.
• Other internal COA departments that are supporting this campaign include the Office of Sustainability and the Communications and Public Engagement team (CAPE).

Vendor Outreach Efforts:

• N/A Committee(s):
• N/A Pro(s):
• Increase waste reduction and recycling contamination awareness with City residents and businesses
• Reduce recycling contamination rates and deliver a clean stream of recyclables to our contracted Material Recovery Facility (MRF), Curbside Management, and help reduce MRF disposal tonnages and associated costs
• Leverage City waste reduction programming funds to help develop and implement an educational recycling outreach campaign through printed materials and media outlets Con(s):

None Fiscal Impact:

• Funding for the required $7,000 local match has been identified within the Public Works Department operating budget.
• The grant funding, matching funds, and associated expenses will be included in the FY 2024-25 Proposed Budget.

Background:

• The City’s Water Department identified one (1) vacuum truck as surplus personal property, with no anticipation of future utilization by the City.
• The vac truck is a jet vac truck, which is the same as what stormwater uses.
• The vac truck can be used to clean drains and also for clearing debris around pipes, valves, and other water infrastructure.
• The 2013 Freightliner Vacuum Truck is expected to sell for more than $30,000.
• All bids are solicited through online auction.
• Pursuant to N.C.G.S. §160A-266, the Sale and Disposal of Personal Property valued at $30,000 or more must be approved by the City Council.
• The City’s Purchasing Manager has authority to dispose of personal property valued at less than $30,000 by private negotiation and sale.

Vendor Outreach Efforts:

• Not Applicable Committee(s):
• None Pro(s):
• Prudent asset management
• Space utilization eliminates the need to store large, unused equipment
• Competitive process yielded market price Con(s):

None Fiscal Impact:

• The vehicle is fully depreciated and the Water Fund will recognize the entire amount as revenue.
• Estimated revenue from the sale of fixed assets is already budgeted in the Water Fund.

Background:

• The Murphy Oakley playground renovation is Asheville’s first inclusive playground and is currently under construction.
• Additional picket style fencing is needed around the inclusive playground. A picket style of fence provides the required safety around the playground.
• Also, additional construction work has been added to the original project scope due to unanticipated curb work that is required on the north side of the parking lot.
• The original contractor selection process included a formal advertised bid on May 10, 2023 with bids received June 22, 2023. Not enough bids were received and the project was readvertised on June 23,2023. The bids were opened on July 6, 2023. The lowest responsive/responsible bidder was Smart Builders Construction and a contract was entered into with them for $441,516.00.
• Construction is expected to be substantially completed by June 1, 2024.

Vendor Outreach Efforts:

• Outreach was performed for the original bid and no new vendors are needed for this increase of fencing and curbing. Initial outreach included staff performing outreach to minority and women owned businesses through solicitation processes using the State’s Interactive Purchasing System and requesting prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services.
• Additionally, the contractor performed outreach and has a minority contractor performing 7% of the construction contract. Committee(s):
• None Pro(s):
• No delay in construction completion. Con(s):
• Additional project cost and administrative time required to revise the contract amount.

Fiscal Impact:

• Funding for this contract was previously budgeted and is available in the Parks Bond Program Fund.

SECTION 147(f) OF THE INTERNAL REVENUE CODE, WITH NO CITY FINANCIAL OBLIGATION ASSOCIATED WITH THE BONDS OR ANY DEBT TAKEN ON BY THE DEVELOPER Background:

• The Asheville Housing Authority was created by the City of Asheville in 1940 in accordance with Chapter 157 of the NC General Statutes.
• It is a public body and is independent from the City with its own powers as outlined in North Carolina General Statute Chapter 157.
• The Housing Authority is governed by a Board of Commissioners, consisting of 7 members, who serve for a 4 year term and are appointed by the Mayor of the City of Asheville.
• The Internal Revenue Service requires that any bonds issued by the Housing Authority for developments such as the one described herein, have the financing plan approved by the City Council, following a public hearing with respect to such plan.
• Meribel LP, a North Carolina limited partnership (the “Borrower”) has requested that the Asheville Housing Authority (the “Issuer”) issue up to $28,000,000 in multifamily housing revenue bonds for the acquisition and construction of a 156-unit affordable rental development known as Meribel located on a 10.26 acre site at 171 Monticello Road in Weaverville, North Carolina, parcel identified as PIN 973360350300000 in the Buncombe County Registry.
• The project will consist of 5 residential buildings. There will be a mix of 1,2 and 3-bedroom units. Units will be set aside for individuals and families at 30% or less (58 units), 60% or less (24 units) and 80% or less (74 units) of Area Median Income (“AMI”).
• The affordability period will be 30 years.
• LDG Development is the developer and is an affiliate of the owner. Gateway Property Management, LLC will be the manager of this project.
• Construction is scheduled to commence in June 2024 and has an expected completion date of July 2026.
• Staff notes that approval does not obligate the City in any way to issue or pay for the bonds, or for any debt taken on by the developer.

Council Goals:

• Quality Affordable Housing Pro(s):
• 156 units of new housing affordable to households at or below 30%, 60% and 80% of AMI will be constructed.
• The affordability period will be at least 30 years. Con(s):
• None.

Fiscal Impact:

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

Background:

• The City of Asheville and Buncombe County have long standing interlocal agreements regarding the provision of certain joint public safety-related technology and data services.
• Those services are rendered through the Centralized Data Entry (CDE) Division of the Buncombe County Bureau of ID.
• A Service and Cost Share Agreement is necessary to establish rights and obligations for CDE and data entry services provided by the City and County.
• Historically, the City of Asheville has covered 45% of CDE costs and the County has paid 55%. Thanks to a revised governance structure and coordination with other jurisdictions benefitting from CDE, the City’s current share for these services has been reduced from 45% to 30.2% with Woodfin, Black Mountain, and Weaverville all contributing to the system for the first time in Fiscal Year 2024-25.
• Under the new agreement, the County will provide the City and other participating jurisdictions with cost estimates during budget development based on their proportionate share of CDE service areas.
• CDE service areas include:
• RMS master name record entry and maintenance,
• Arrest data entry, and
• Booking data entry.
• This agreement has a one year term initiating on July 1, 2024, and will renew annually if not earlier terminated. Pro(s):
• Provides authorization to continue key public safety technology services and authorizes the City to to fund the associated interlocal agreement. Con(s):

None Fiscal Impact:

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

Urban Planner Clay Mitchell said that this is the consideration of an ordinance to consider the conditional zoning of 57 Max Street from RS-8 Residential Single-Family High Density District to RM-8 Residential Multi-Family Medium Density District

• Conditional Zone for the purpose of adaptive reusing the Cappadocia Church into 3 residential units. This public hearing was advertised on May 17 and 24, 2024. Project Location and

Contacts:

• The project site totals 0.266 acres at 57 Max Street | Pin: 9648-59-7392
• Owner: Preservation Society of Asheville and Buncombe County Inc. Summary of Petition: Project Site
• The project site consists of one property totalling 0.266 acres, and is located at 57 Max Street across from the Stephens-Lee Community Center.
• The project site is occupied by the vacant Cappadocia Church building.
• The property was acquired by the Preservation Society to protect the building from demolition in the East End neighborhood.
• The project is seeking a conditional zoning to permit the preservation of the building and its adaptive reuse for three multi-family units.
• The site is designated as “Traditional Neighborhood" on the city’s Future Land Use (FLU) Map.
• A change in Future Land Use is not required. Living Asheville.
• The project is located in the East End/Valley Street neighborhood. Overall Project Proposal
• The project proposes to convert the existing church building into 3 residential units with associated infrastructure.
• The existing church building has historical importance to the East End Neighborhood and is owned by the Preservation Society of Asheville and Buncombe County Inc.
• The facade elements of the existing building will be substantially preserved.
• The project includes 3 residential units, four parking spaces, bicycle parking, and a new access from Max Street.
• The requirements of UDO Sec. 7-10-8 Neighborhood-scale multifamily design standards do not apply due to the adaptive reuse of a historically significant existing building. Access, Sidewalks and Parking
• Access to the site is proposed by a new drive access from Max Street northeast of the intersection with Old Max Street.
• The driveway is shown as 12 feet in width widening to 16 feet in width for the parking aisle.
• The project will provide compliant parking for vehicles and bicycles.
• Sidewalks are shown on site and reconstructed along Max Street.
• The applicant is coordinating with City Transportation on the proper configuration of Old Max Street along the frontage of the property.
• Parking is along the side of the building and grading will take place requiring a retaining wall to the east that will be 9’ max height and facing toward the property with landscaping at the top and bottom of the wall. Landscaping & Buffer Requirements
• The rezoned property abuts RS-8 and requires a 20’ property buffer along the eastern boundary.
• The applicant is seeking a technical modification for the required 20 foot property buffer to the adjacent property zoned RS-8.
• The change in grade and associated retaining wall faces internal to the site and additional plantings along the top of the wall mitigate visual impacts to the abutting property.
• The site has been configured to accommodate additional landscaping and dedicated space for resident use as garden spaces.
• The project proposes to provide 3 dedicated 4’ by 8’ garden plots for residents at the base of the retaining wall.
• Tree Canopy Protection required at 15% will be achieved through planting one tree for 1.48% and the remainder paid as fee in lieu. Technical Modifications
• The project is seeking the following technical modifications through the conditional zoning process:
• The project shows a modified landscaping and required type A 20’ buffer along the eastern edge of the property to accommodate several requirements and improvements to the site.
• The site changes in topography from the RS-8 district which includes a 5’ to 9’ (max) height retaining wall facing internal to the site.
• At the top of the retaining wall, a row of 23 evergreen shrubs screen the abutting parcel.
• At the base of the retaining wall buffer plantings will include 7 trees and 50 shrubs.
• The buffer area to the southeast of the property at the base of the retaining wall accommodates the required safe accessible dispersal area. 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 prioritizing greater densities of development overall as a means of achieving more walkable and efficient urban environments and as a tool to help protect and preserve open space and the natural environment.
• Increase and Diversify the Housing Supply
• by increasing the supply and variety of housing types, especially in existing neighborhoods and proximity to schools, transit, and public amenities.
• Promote Great Architecture and Urban Design to Enhance Placemaking
• by promoting adaptive reuse as a means of conserving materials, history, and embodied energy in buildings.
• The proposed development is compatible with the Future Land Use designations of “Traditional Neighborhood":
• Traditional Neighborhood: “In a traditional neighborhood, the types of housing can vary and often include a mix of housing types such as single family with accessory dwelling units, duplexes, townhomes and multifamily apartments usually located seamlessly together.

Compatibility Analysis:

• The proposed adaptive reuse and 3 unit multi-family project is generally compatible with the surrounding land uses, including:
• The site abuts RM-8 districts along the southern and eastern boundary.
• Includes the adaptive reuse and general preservation of an existing building of historic significance.
• Medium density single-family residential land uses located in the surrounding vicinity on smaller lots.
• The existing building is preserved resulting in no increased height, mass, or floor area. Committee(s)

Review:

• The required neighborhood meeting provided a substantial engagement opportunity for the community.
• Technical Review Committee (TRC)
• March 18, 2024
• Approved with conditions.
• Planning & Zoning Commission (PZC)
• May 1, 2024
• Recommend Approve, 5-0.

Staff Recommendation:

• Staff supports this rezoning request based on the reasons stated above. Mr. Mitchell reviewed the aerial imagery map. Site details include (1) Located in the legacy neighborhood of East End; (2) Future Land Use
• Traditional Neighborhood; (3) Across the street from Stephens-Lee Community Center; (4) Existing building to be rehabilitated; (5) Property abuts “paper street”/alley; (6) Property owner is The Preservation Society of Asheville and Buncombe; (7) Site is walkable to downtown; and (8) N5 Transit Route on nearby Martin Luther King Drive. About the site plan (the current zoning is RS-8 and the proposed zoning is RM-8 Conditional Zone, (1) Adaptive reuse of existing church building to 3 multi-family residential units and associated infrastructure; (2) 0.266 Acres Total; (3) Site currently has no driveway access. Land partially fronts on Old Max Street; (4) Primary frontage and access to be constructed from Max Street. Maximum driveway grade is 19.6%; (5) New construction: Parking lot, Retaining walls, Sidewalk (internal & Max St.), Garden area, and Landscaping; and (6) 4 total parking spaces, 1 accessible, 2 bicycle. (Meeting CoA requirements). Regarding the landscape plan, (1) Landscaping standards: Street trees and buffer to RS zone required; (2) Open Space not required; (3) 20’ buffer required
• technical modification requested; (4) Parking, street buffer and building do not apply; (5) TCP (met with on site planting 10.2% and fee in lieu ); (6) Open space not required; (7) Retaining wall landscaping details indicate natural or artificial stone; and (8) Tenant garden spaces. The technical modification regarding the buffer is (1) Modification for buffer width and plantings
• Required = 20’ from RS District; and (2) Average width reduced to 14.2’: (a) Accommodation for safe disposal area; (b) Part of buffer area dedicated to garden spaces for residents; and (c) Modified planting counts to achieve optimal design and screening proposed as: (i) 4 small deciduous trees; (ii) 11 large shrubs (all evergreen); (iii) 23 medium shrubs (all evergreen and at top of retaining wall); and (iv) 26 small shrubs (all deciduous). The Technical Review Committee and the Planning & Zoning Commission voted to approve the project. He then explained how the project was consistent with the Living Asheville Comprehensive Plan, the East End Vision Plan and the Compatibility Analysis. He said that based upon the application materials and our analysis thereof, staff finds that the application is consistent with several of the City of Asheville goals, ordinances, and adopted plans for the location and use. Accordingly, staff concurs with the Planning & Zoning Commission’s recommendation to approve the Conditional Zoning petition. In response to Councilwoman Roney, Mr. Mitchell said that he has not talked with the applicants about renewable energy plans since this is an adaptive reuse of an historic building; however, there will be energy efficiency improvement funding from the state, but the state has not released its program information yet. Jessie Landl, Executive Director of the Preservation Society of Asheville-Buncombe County, was excited to explain how the project came to be and how they worked with the neighborhood. Their goal is that the three units be affordable structures Mayor Manheimer opened the public hearing at 7:58 p.m. Robert Robinson spoke in support of this conditional zoning, noting that the Unified Development Ordinance needs revisions as conditional zonings are burdensome and expensive for developers. Jim Abbott said that the East End/Valley Street Neighborhood Association strongly supports this conditional zoning. Councilwoman Smith spoke in support of adaptive reuse of churches for affordable housing. She noted it would be a great benefit to keep neighborhoods in tact and faith-based communities to keep their properties alive Mayor Manheimer closed the public hearing at 8:04 p.m. Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.

Downtown Projects Manager Dana Frankel said that this is the consideration of adoption of a resolution authorizing the City Manager to execute a contract with Illumined Leadership Solutions for community engagement and overall support through implementation of the Boosting the Block project funded by the Mellon Foundation; and an associated budget amendment in the amount of $3,000,000. Background:

• City Council adopted “Reimagining Pack Square Plaza: A Vision Plan” (Pack Square Plaza Vision Plan) at their September 26, 2023 meeting as a result of a planning and engagement process led by the McAdams Company and City and County staff.
• The City received a $3,000,000 grant from the Mellon Foundation’s Monuments Project to move the following elements of the plan forward: design and engineering for reshaping Pack Square; design, engineering and construction to better connect The Block and enhance its cultural character (“Boosting the Block”); and programming and education around more inclusive storytelling and history efforts in our community.
• The first proposed investment in the Boosting the Block project is hiring a Community Facilitator to lead engagement and support all aspects of community organizing, planning, conceptual design and implementation of the project deliverables.
• Boosting the Block project deliverables include construction of a physical gateway and cultural corridor between Pack Square and The Block; increased capacity of neighborhood anchors to shape and influence the future of The Block; enhanced public spaces and programming that authentically narrates the past, present and future of The Block; and consensus and implementation of neighborhood identity of and marketing for The Block.
• An RFP process to hire a Community Facilitator launched on November 17, 2023; 11 proposals were received; 2 rounds of interviews took place by a selection committee that included City and County staff and community representatives
• A collaborative partnership between Illumined Leadership Solutions and BennettWeston Consulting was selected based on their qualifications, experience and proposed approach to the project.
• The facilitator is anticipated to work for 27-30 months, the entire length of the Boosting the Block project.

Vendor Outreach Efforts:

• Staff conducted outreach to all MWBE vendors registered with the City of Asheville that provide services related to communications, project management, consulting and community development as well as additional outreach to local business and community organizations.
• Prime contractors were also required to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services.
• The selected vendor (Illumined Leadership Solutions) and the partnering firm (BennetWeston Consulting) are both MWBE certified.
• There will be additional City contracting opportunities as part of the Boosting the Block project including for a consulting artist/creative strategist, community coordinator, marketing/promotion related needs, event production, design/engineering and construction.
• Illumined Leadership Solutions and BennettWeston Consulting will coordinate with City staff to contract with local MWBE vendors. Committee(s):
• March 13, 2023
• Planning and Economic Development Committee recommended that City Council authorize staff to apply for and accept Mellon Foundation funding to implement the Pack Square Plaza Vision Plan, including design and construction of a gateway corridor on S.Market Street to connect Pack Square and The Block
• April 11, 2023
• City Council adopted a resolution to authorize staff to apply for and accept Mellon Foundation funding to implement the Pack Square Plaza Vision Plan, including design and construction of a gateway corridor on S.Market Street to connect Pack Square and The Block
• August 14, 2023
• Planning and Economic Development Committee recommended approval of the Pack Square Plaza Vision Plan
• September 26, 2023
• City Council adopted the Pack Square Plaza Vision Plan
• February 12, 2024
• Planning and Economic Development Committee voted 3-0 to recommend that City Council authorize staff to execute a $180,000 contract with the selected Community Facilitator.
• March 7, 2024
• Staff presented information about the RFP evaluation process to City Council as part of the Agenda Briefing.
• March 12, 2024
• Staff presented information about the RFP evaluation process as well as additional information requested in the Agenda Briefing. No vote occurred. Pro(s):
• This grant-funded project will implement aspects of the community’s vision as laid out in the Pack Square Plaza Vision Plan as applicable to The Block.
• The hiring of a community facilitator will support further engagement and planning on aspects of design and programming, and ensure implementation that’s aligned with the community’s vision. Con(s):

None Fiscal Impact:

• Funding for this contract is available as part of the associated budget amendment.
• While matching funds are not required for this grant, additional funding in the General Capital Projects Fund has been identified to support the Boosting the Block project.
• Staff will work to assess City funding capacity and identify other funding opportunities (beyond the existing Mellon Foundation grant) to implement future phases of the Pack Square Vision Plan. Ms. Frankel highlighted the following key takeaways from her presentation: (1) Boosting the Block is one of three projects funded by a $3 million grant from the Mellon Foundation that will build on and implement recommendations of the Pack Square Plaza Vision Plan (in this case, specific to The Block area
• Eagle/S.Market Streets); (2) The Boosting the Block project will include extensive and strategic community engagement, and will ultimately result in construction of a physical gateway and cultural corridor between Pack Square and The Block, along with enhanced public spaces and increased community capacity; (3) An RFP and extensive evaluation process took place to select a community facilitator to support all aspects of community organizing, planning, design and project implementation; (4) A collaborative partnership between Illumined Leadership Solutions and BennettWeston Consulting was selected based on their qualifications, experience and proposed approach to the project. Both firms are MWBE certified; (5) There are additional local contracting opportunities as part of the project for a community coordinator, consulting artist/creative strategist, marketing/promotion, event production, design/engineering and construction; and (6) With May 28 City Council authorization of the community facilitator contract, anticipated project kick-off is July 2024. The Mellon Foundation funding is available through Dec 2026. She outlined the following City Council actions/directions as follows: (1) Apr. 11, 2023: City Council adopts resolution to authorize staff to apply for and accept Mellon Foundation funds to implement recommendations of the Pack Square Plaza Vision Plan; (2) Sept. 26, 2023: City Council adopts the Pack Square Plaza Vision Plan; (3) Feb. 12, 2024: City Council’s PED Committee recommends authorization for staff to execute a $180,000 contract for a community facilitator to support the Boosting the Block project following an RFP and selection process; (4) Feb. 27, 2024: City Council requests more information about community facilitator selection process; (5) March 7, 2024: Staff provide presentation at agenda briefing with more information about community facilitator selection process; (6) Mar. 12, 2024: Consideration to authorize community facilitator contract; no vote taken; and (7) May 28, 2024: City Council to consider authorizing staff to execute a $180,000 contract with Illumined Leadership Solutions (partnering with BennettWeston Consulting), both NC-based Black and women-owned business, for community facilitator services to support the Boosting the Block project following an RFP and selection process. Regarding Boosting the Block, (1) One of three projects funded by the Mellon Foundation Monuments Project Initiative; (2) Boosting the Block ($1.8M) (a) A physical gateway and cultural corridor between Pack Square and The Block; (b) Enhanced public spaces and programming in alignment with the community’s vision and in a way that authentically narrates the past, present, and future of The Block; (c) Consensus and implementation of neighborhood identity and marketing for The Block; and (d) Increased capacity of neighborhood stakeholders to help shape and influence the future of The Block; (3( Reframing the Square ($1.1M)
• Design and engineering for Pack Square Plaza (based on Vision); and (4) Sharing our Stories ($163,400)
• Partnership with Buncombe County Library to expand history and story-telling initiatives. Regarding the community facilitator scope and role, it will be to support all aspects of community organizing, planning, communications, design and implementation of project outcomes. This includes (1) Communications and Engagement (a) Lead engagement and serve as a liaison for City and community; (b) Foster authentic collaboration and facilitate successful outcomes; and (c) Ensure appropriate engagement on other Mellon Foundation projects; (2) Project Management (a) Create and manage work plan in alignment with City, community and grant; (b) Plan and execute learning opportunities, temporary activations and events to support the design and implementation process; and (c) Facilitate capacity building for the further establishment and success of the neighborhood; and (3) Strategic Planning (a) Compile research and plans to lay a foundation for strategic planning and investment; and (b) Expand community participation and explore partnerships to support the long-term well being of the district and elevate outcomes. The $180,000 budget available for 27-30 month contract Project resources and next steps include (1) 2.5 year work plan to be developed by community facilitator in collaboration with community stakeholders and city/county staff; (2) Broader public engagement to take place with focus on communities with connections to The Block (past, present, future); (3) Local community coordinator under a separate contract to be hired to support additional community involvement during year 1 of project, and capacity building for The Block Collaborative; (4) Additional local contracting opportunities: Community coordinator (~$25,000); Creative strategist/consulting artist (~$12,500); Marketing/promotion/advertising (~$15,000); Community celebration production (~$15,000); Design/Engineering ($166,325); and Construction (up to $1,638,250); and (5) Project page: www.ashevillenc.gov/boostingtheblock. Councilwoman Roney was pleased that 100% of the applicants are MWBE, which speaks to the work that our staff and the community did around engagement. She felt that no matter what happens with the decision, it will positively impact the outcomes of our disparity study. She knows that takes relationships and time. She noted that four applicants are local companies which is a potential opportunity to invest in capacity building for this and other projects but she hears and acknowledges community concerns that the resulting recommendation is currently missing subject matter experts, like local history and zoning impacts that she hears will be critical for the project’s success. She appreciated the subject matter experts on local issues may include non-local companies including displaced people, and she appreciated the City’a stated commitment on this process moving forward; however, she could not support the action today 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.