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

City Council regular meeting — September 10, 2024

Asheville City Council recorded 5 votes at its regular meeting on September 10, 2024; 1 drew at least one no vote. Most items concerned Zoning & Land Use and Boards & Appointments.

Voting: Sandra Kilgore, Esther E. Manheimer, S. Antanette Mosley, Kim Roney, Sage Turner, Maggie Ullman. Absent: Sheneika Smith.

5recorded votes
1split votes
0failed
1members absent

Split votes

Item IV-B · ORD 5098 · Zoning & Land Use · Public hearing

Ordinance to amend the conditional zoning of 179 and 144 Riverside Drive to allow construction of 240 residential units and remove commercial uses

Passed4–2 · Moved by Sandra Kilgore, seconded by S. Antanette Mosley

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

Staff report summary

Mayor Manheimer said that this public hearing was held on August 27, 2024, and continued to this date in order for the applicant to consider the concerns expressed by City Council at their August 27 meeting, and bring back a project that adheres to the existing plans we have. Urban Planner Clay Mitchell said that this is the consideration of an ordinance to consider an ordinance to amend a previously approved conditional zoning of the property located at 179 & 144 Riverside Drive (formerly addressed as 159 Riverside Dr.) to incorporate and reflect: changes in use from mixed-use to residential only, an increase in density, and modifications to the design that increase building height, increase the number of building stories and alter related site plan elements. The parcels are currently zoned Commercial Expansion

  • Conditional Zone (COM EXP-CZ) and RAD-OSP CZ per Ord. No. 4398, adopted August 24, 2021. Mr. Mitchell explained the following chart: Project Component: Original: Amendment: 09/06/24 Changes: Commercial Use 14,000 s.f. Food truck space on 179 Riverside EV Bike rental space at 179 Riverside. Additional food truck spaces and kayak racks on 144 Riverside Building design Glassed in entries Glassed in entries. Expanded glazing at vertical break above entries. Building stepback between northern end center portion Solar None None Solar ready roof Pervious parking None 144 Riverside spaces Added 32 spaces at 179 Riverside Rainwater harvesting Mill Building None Comprehensive main building system Ground level parking access None None Additional pedestrian connection at northern end Dedicated EV Parking None None Added to podium parking Plaza spaces Shown Expanded southern end Further expansion at southern end, new space at northern end. At this time, staff finds that the proposed changes are reasonable improvements in addressing concerns outlined in the staff report and therefore concurs with the Planning and Zoning Commission approval of this request for an amendment to the existing rezoning. Modifications to the project conditions must be made to document to reflect the applicant’s submission on 09/06/2024. Derek Allen, attorney representing the applicant, provided Council with a summary of the updates, revised renderings (illustrating updates), and revised site plan (illustrating updates). He said the revisions include the following project updates (1) added all glass to the eastern wall at all building breaks to further emphasize transparency and the building breaks. Assists the project appearing as three apparent separate buildings joined by gall entry vestibules/connectors from Riverside Drive; (2) added sidewalks from the building to Riverside Drive spaced no greater than every 100’ for residential access; (3) added public enhancements to both the Nw and SW building plazas along Riverside Drive; (4) added green features (a) added 100% permeable grass pavers for parking on the 144 Riverside Drive parking area (b) added 100% permeable grass pavers for parking on the 179 Riverside Drive at all diagonal parking area along the railroad; (c) added building infrastructure for future rooftop solar capacity on the 179 Riverside Drive; (d) added electrical vehicle charging stations under the 179 Riverside Drive building; and (e) added cisterns for rainwater harvesting from the 169 Riverside Drive roof; and (5) added commercial features (a) added a food truck area, on 100% permeable grass pavers, to the 144 Riverside Drive site; (b) added a kayak and canoe rental area, on 100% permeable grass pavers, to the 144 Riverside Drive site; and (c) added an electric bicycle rental area to the 179 Riverside Drive site (NW corner adjacent to food truck area. He also Council with a revised set of project conditions, which included the new conditions the applicant has agreed to, as outlined above. Derek Allen, attorney representing the applicant, responded to various questions/comments from Council, some being, but are not limited to: is the expanded courtyard and sidewalk ADA accessible; why is the applicant not putting any breaks in the building; regarding the food truck area, and will there be space for people to stand in line or have seating. Councilwoman Roney shared appreciation that her request on solar-readiness was answered. Regarding place-making, she has heard community requests for public art on the North-facing wall and requests to confirm the parking area will not be fenced in as it currently is. Mr. Allen confirmed that once the project is built out, the fence will be taken down. Regarding public art on the North-facing wall, Mr. Allen said that they would be happy to incorporate that into the conditions. In response to Councilwoman Turner regarding the integrity of the smokestack during construction, Mr. Allen said that they will study that and if there is any shoring up that needs to be done during project construction they will do that as that is a design element they wish to keep. Mr. Allen responded to Councilwoman Turner regarding the loss of commercial activation. Mayor Manheimer opened the public hearing at 6:24 p.m. One individual spoke in opposition to this conditional zoning amendment; and three individuals spoke in support of the amendment. Mayor Manheimer closed the public hearing at 6:35 p.m. Councilwoman Roney said that it is her opinion that Council really messed up the safe access to transit for this project by downzoning Roberts Street as the primary access to transit. She shared the history of transit planning in the River Arts District on Hill Street and Depot Street. She then expressed concern for precedent-setting design issues. Councilwoman Turner had hoped that there would have been greater breaks in the building, and more affordability; however, we need to get housing jump-started in that area and hoped this project will meet future housing needs. Vice-Mayor Kilgore also expressed some of the same concerns as Councilwoman Turner and felt that any housing is better than no housing. Mr. Allen said the following conditions are acceptable to the applicant: (1) installation of public art on the North side of the building, not on the smokestack; (2) the plaza on the south end of the plaza be ADA accessible; (3) the construction methods will take priority so that the smokestack is preserved; and (4) the food truck area on the 144 Riverside side will have seating and dining areas that will be river appropriate; and as approved by the City. Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.

All other votes

Item II-A · Administrative · consent agenda

Approval of the combined minutes of the agenda briefing worksession held on August 22, 2024, and the formal meeting held on August 27, 2024

Passed6–0 · unanimous · Moved by Kim Roney, seconded by Sage Turner

All members present voted yes. Absent: Sheneika Smith.

Staff report summary

Mayor Manheimer asked for public comments on any item on the Consent Agenda, but received none.

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

Public hearing to consider an amendment to the UDO regarding cottage development standards - motion to continue to February 11, 2025

Passed6–0 · unanimous · Moved by Sage Turner, seconded by Maggie Ullman

All members present voted yes. Absent: Sheneika Smith.

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

Public hearing to consider an amendment to the UDO regarding flag lot standards - motion to continue to February 11, 2025

Passed6–0 · unanimous · Moved by Sage Turner, seconded by Maggie Ullman

All members present voted yes. Absent: Sheneika Smith.

Item VI-A · RES 24-206 · Boards & Appointments · Appointment

Resolution appointing members to the Planning & Zoning Commission

Passed6–0

All members present voted yes. Absent: Sheneika Smith.

Staff report summary

Vice-Mayor Kilgore, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing members to the Planning & Zoning Commission. The terms of Geoffrey Barton and Susan Bean, as members of the Planning & Zoning Commission, will expire on August 14, 2024. In addition, Kimberly Levi has resigned, thus leaving an unexpired term until August 14, 2026. On August 27, 2024, City Council decided to interview the following five candidates on September 10: Jane Margaret Bell, Andrew Fletcher, Jameka Shante’ Johnson, Beth Silverman and Anna Zuevskaya. Ms. Silverman was unable to attend the interview. Also on August 27, 2024, Geoffrey Barton was reappointed to serve an additional three-term, term to expire August 14, 2027, or until his successor has been appointed. After each Council member voted for two members, Jane Margaret Bell received 4 votes, Andrew Fletcher received one vote; Jameka Shante’ Johnson received two votes, Beth Silverman received two votes; and Anna Zuevskaya received three votes. Because there was not a majority vote, City Council then voted for one member each, with Andrew Fletcher receiving no votes; Jameka Shante’ Johnson receiving 1 vote; Beth Silverman receiving 1 vote; and Anna Zuevskaya receiving four votes. Therefore, Anna Zuevskaya was appointed to serve a three-year term, term to expire August 14, 2027, or until Anna Zuevskaya’s successor has been appointed; and (2) Jane Margaret Bell was appointed to fill the unexpired term of Kimberly Levi, term to expire August 14, 2026, or until Jane Margaret Bell’s successor has been appointed.