City Council regular meeting — September 24, 2024

Principal Planner Will Palmquist said that this is the consideration of an ordinance to rezone 107 Glendale Avenue from RS-8 Residential Single-Family High Density District to RM-16 Residential Multi-Family High Density District. This public hearing was advertised on September 13 and 20, 2024. Project Location and Contacts:

• The rezoning petition consists of one property totalling 0.89 acres and located at 107 Glendale Ave (PIN 9658-20-6956).
• Owner: New Vision Trust
• The current use of the property is a single-family detached house.
• The project site is within the greater Oakley neighborhood, predominated by single-family houses, and approximately one-quarter to one-half mile from the commercial and industrial uses around the intersection of Thompson St and Glendale Ave.
• A CSX railroad line is located at the rear of the project site. Summary of

Petition:

• The applicant requests a rezoning of one property to the Residential Multi-Family High Density (RM-16) District.
• The property is currently zoned Residential Single-Family High Density (RS-8).
• The subject property is designated “Traditional Neighborhood” on the city’s Future Land Use (FLU) Map. A change to the FLU Map is not required.

Staff Recommendation:

• Staff recommends approval of this rezoning request based on the reasons stated below.

Comprehensive Plan Consistency:

• The proposed rezoning supports a number of goals in the Living Asheville Comprehensive Plan including:
• Encourage Responsible Growth
• by prioritizing greater densities of development overall, throughout the city as appropriate.
• Increase and Diversify the Housing Supply
• by promoting zoning policies to encourage more housing by expanding areas permitting higher-density development.
• The proposed rezoning is compatible with the Future Land Use designation of “Traditional Neighborhood” which is described, in part, that “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”.
• Residential Multi-Family High Density (RM-16) is cited as an appropriate zoning district within the Traditional Neighborhood Future Land Use category.

Compatibility Analysis:

• The purpose of the Residential Multi-Family High Density (RM-16) district is, “to permit a full range of high density multi-family housing types along with limited institutional, public and commercial uses appropriate within high density residential areas.
• It is intended that this district be located near employment centers, shopping facilities, roads and other urban infrastructure capable of handling the demand generated by high density residential development.”
• The proposed rezoning petition is compatible with the surrounding land uses, including:
• Residential Multi-Family High Density (RM-16) zoned property directly to the west of the subject property.
• Residential Single-Family High Density (RS-8) zoned property directly to the east of the subject property and the general surrounding area.
• Commercial uses located to the north and west of the site, zoned Commercial Industrial (CI). Committee(s):
• Planning & Zoning Commission (PZC)
• September 4, 2024
• Approved (Vote 5:1) Pro(s):
• Allows for the development of more residential units and in a variety of housing types, as compared to the existing zoning district.
• Would not cause the existing single-family house on-site to become a non-conforming use nor have non-conforming features. Con(s):
• None identified. UDO District Comparison UDO Provision Residential Single-Family High Density (RS-8) Residential Multi-Family High Density (RM-16) Allowed uses: ● Single-Family Detached
• Townhouse
• Accessory Dwelling Unit
• Cottage Development
• Limited public, institutional, and recreational uses
• Single-Family Detached
• Townhouse
• Duplex
• Multi-Family
• Accessory Dwelling Unit
• Cottage Development
• Limited public, institutional, and recreational uses Density: n/a 2 units per first 2,500 s.f. of lot area & 1 unit per each additional 1,000 s.f. Structure Size: n/a Max. 4,000 s.f. footprint Max. 12,000 s.f. gross floor area Lot Size Minimum: Min. 4,500 s.f. Min. 2,500 s.f. Lot Width Minimum: Min. 40’ Min. 40’ Building Height: Max. 40’ Max. 40’ Building Setbacks: Front: 15’, Side: 6’, Rear: 15’ Front: 15’, Side: 6’, Rear: 15’ Mr. Palmquist reviewed the existing and proposed zoning, the aerial imagery and the existing future land use map. He said the Planning & Zoning Commission approved the rezoning on September 4, 2024, on a 5-1 vote. He then reviewed a chart of the RS-8 vs. RM-16 provisions, along with the pros and cons of the rezoning. He then explained the compatibility analysis and 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 zoning. Mayor Manheimer opened the public hearing at 6:36 p.m. Jared Wheatley spoke in opposition of this rezoning as he felt this is not a good straight rezoning given our current work regarding anti-displacement. Robert Robinson felt we need more housing on transit corridors. Mayor Manheimer closed the public hearing at 6:42 p.m. Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.

Background:

• The City of Asheville Public Works Streets Division administers the Street Cut Utility Program.
• This program is an enterprise fund that is supported by the participation and work generated by partner agencies (Current members: Metropolitan Sewerage District, Dominion Energy, City of Asheville Water Resources, and City of Asheville Stormwater Division. Future potential member: Duke Energy), and individual permit fees from other, typically lower volume customers.
• As part of this program, both internal and external utilities partner with the Streets Division to make repairs to City-owned infrastructure that results from utility improvements and repairs.
• At times these activities cut into concrete infrastructure such as curbs and sidewalks. When this occurs, the Utility Cut Program must have a method to address these areas.
• City staff are currently in discussions with Duke Energy to join the Utility Cut Program. If they join, this will create an increased utilization of this contract and funds.
• As part of the Fiscal Year 2025 budget, the City of Asheville will be adding an internal concrete crew to handle these repairs.
• This contract is in effect until this crew can be onboarded.
• The contract was advertised on August 6, 2024 and bids were opened on August 23, 2024.
• Six bids were received: B.H. Graning Landscapes, Inc. of Sylva, NC $171,690.00 Appalachian Paving and Concrete of Swannanoa, NC $188,975.00 J&E Concrete Construction, LLC of Statesville, NC $199,460.00 Enterprises G, Inc. of Black Mountain, NC $227,902.50 Cinderella Partners, Inc of Indian Trail, NC $333,819.75 Dan Grady Company, LLC of Sylva, NC $355,900.00
• The contract work is expected to begin in late September and to last until the new internal crew is staffed.

Vendor Outreach Efforts:

• Staff performed outreach to minority and women owned businesses through solicitation processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services.
• Staff also checked the City of Asheville list of certified MWBE business, the NC Historically Underutilized Business database, and the NCDOT MWBE database for potential contractors. Three companies from an identified disparity group were found in the ten-county area and staff directly contacted those companies. The companies did not submit a bid for this contract.
• Two companies with ownership from identified disparity groups (Hispanic) that were not directly contacted because they were not in the City of Asheville spreadsheet or NCDOT database submitted bids. In addition, one woman owned business submitted a bid.
• B.H. Graning, the lowest bidder, is not an MWBE contractor.
• Subcontractors will not be used on this contract. Committee(s):
• None Pro(s):
• Provides for the timely repair of concrete infrastructure that has been damaged by the installation of utilities. Con(s):
• None

Fiscal Impact:

• The Street Cut Utility Program is an enterprise fund that is funded by fees paid by the four partner agencies participating in the program.
• The partners will be billed 100% of the repair cost, meaning that the City realizes full cost recovery.
• Funding for this contract is available in the FY 2024-25 Street Cut Utility Fund operating budget.

Background:

• In 2015, the City began using AgileAssets as an integral part of the pavement management process.
• This system uses the data from the pavement condition surveys, that are completed every four years, to optimize the resurfacing budget to maintain the pavement condition score as high as possible.
• A pavement management system (PMS) is a valuable tool for repaving efforts to accurately assess the condition of roads by analyzing collected data on pavement conditions, such as surface distress, roughness, and structural integrity.
• The existing contract with AgileAssets expired on January 31, 2024, but the City has continued to receive services through to the present date.
• In order to pay the accrued invoices ($16,174.44) for the period in which the City was continuing to receive services, but lacked a written contract, ratification from Council is required.
• The Public Works Department will continue using a pavement management system service through a short-term contract entered into through a co-op, which is an exception to the full competitive bidding process, until a new Request for Proposals is released in the Spring of 2025.

Vendor Outreach Efforts:

• This is a contract ratification and no additional outreach is required. Committee(s):
• None Pro(s):
• Directly integrates with our asset management system.
• Current system of record.
• Industry leader in pavement management. Con(s):
• Reoccuring financial impact.

Fiscal Impact:

• $16,174.44 for previously rendered services.
• Funding for this contract is available in the FY 2024-25 Streets Capital Resurfacing budget.

Background:

• The City has been utilizing a multi-year Capital Improvement Program (CIP) and Debt Model since fiscal year 2013-14.
• As a part of that multi-year financial model, the City routinely enters into short-term draw programs with financial institutions through the issuance of interim Limited Obligation Bonds (LOBs).
• The short term draw programs provide cash to reimburse the City for capital expenses prior to the issuance of long term fixed rate financing.
• The City issued its most recent interim LOBs in June 2022 in an amount not to exceed $42 million.
• As of August 2024, the City has fully utilized the $42 million interim LOBs amount to reimburse itself for expenses associated with a number of capital projects including the Broadway Public Safety Station, the Dr. Wesley Grant Sr. Southside Community Center, City Hall elevator modernization, Muni Golf Course repairs, and the annual street resurfacing program.
• In order to refund the principal drawn on this short-term loan, the City intends to issue 20-year, fixed-rate LOBs in October 2024.
• The issuance of the Refunding LOBs required a public hearing which was held at the September 10, 2024 City Council meeting.
• Staff is seeking Council adoption of the approving resolution associated with this refunding. Pro(s):
• Converts Limited Obligation Bond (LOBs) short-term variable-rate debt to long-term fixed-rate refunding bonds on a schedule that allows the City to meet its capital project cash flow needs.
• Spreads capital costs over a longer term to better match assets’ lives. Con(s):
• None

Fiscal Impact:

• The exact amount of the debt service on the LOBs will be determined after sale of the debt in October; however estimated debt service on these LOBs has already been included in the City’s multi-year Capital Improvement Program and Debt Model.

Background:

• The City of Asheville and Buncombe County have interlocal agreements regarding the provision of certain joint public safety-related services.
• Both PSIP and CDE are utilized by APD on a daily basis.
• CDE services ensure that the information entered into PSIP (known generally as the countywide Records Management System, or RMS) is accurate and continually updated.
• This is crucial for both incident and collision reports completed by APD officers, as both state and federal statutes mandate that these documents are reported to the State of North Carolina and the federal Department of Justice.
• The PSIP utilized by the APD (RMS) is shared with all public safety entities throughout Buncombe County, including Asheville Fire and Buncombe County EMS.
• The PSIP manages calls for service by the public, evidence and property control management, and case management by criminal investigators.
• The Public Safety Interoperability System/Centralized Data Entry information system and the Identification (ID) Bureau are both operated as County services.
• Based on the interlocal agreements, the City pays 50% of the cost of the County Identification (ID) Bureau program and approximately 31% of the cost of the Public Safety Interoperability System and Centralized Data Entry (PSIP/CDE) programs.
• Each year during the annual budget process, the County provides the City with estimates for the City’s share of each program's cost.
• For fiscal year 2024-25, the County estimates that the City’s share of the PSIP/CDE costs will be $762,010 and the City’s share of the ID Bureau will be $595,690.
• The requested contract change orders will allow staff to encumber those amounts in the City’s financial system. The County bills the City quarterly based on actual expenses. Pro(s):
• Provides authorization for the City to formally encumber annual amounts to pay existing interlocal agreements. Con(s):
• None

Fiscal Impact:

• Funding for these contracts is available in the Non-Departmental and Police Department operating budgets.

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 11 years of positive consumer price index increases, the renewal for Fiscal Year (FY) 2023-24 services cost and are budgeted at $113,274.20
• The term of the renewal agreement will end June 30, 2025.

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:

• Parker Technology, LLC is the current vendor for video-based customer service at the City’s parking garages.
• After going through a competitive Request for Proposals (RFP) process in July 2024, Parker Technology, LLC was re-selected as the most qualified firm to provide 24-7 real-time video-based call center services at all of the City of Ashevile’s parking garages.
• Customers experiencing an issue when attempting to enter or exit a garage facility can press a button on the entry/exit equipment that automatically connects the customer to a Parker Technology representative via a live video feed to request assistance with using the equipment.

Vendor Outreach Efforts:

• The City of Asheville has used Parker Technology, LLC to provide 24-7 video-based customer service since early 2017; the current contract was ending and the City determined that it would be beneficial to conduct a new competitive procurement process in order to ensure that the City received the best value for the service provided.
• The City of Asheville issued an RFP for the service on June 14, 2024. Staff held an optional pre-bid meeting on June 20th with two potential vendors participating. Another two potential vendors submitted questions prior to the submission deadline.
• Only two bids were submitted, one from the current vendor Parker Technology, and one from Genesis.
• Neither proposal was from an MWBE firm and both firms proposed to self-perform the service.
• The two proposals were scored by a broad-based internal committee, including Transportation and Finance department staff and Parker Technology was selected by the committee. Committee(s):
• None Pro(s):
• This action will support the continuation of existing parking garage call center service. Con(s):
• None

Fiscal Impact:

• The total contract amount is $160,000.00 for the initial three-year period. If the two optional one-year periods are exercised, the total contract amount will not exceed $273,000.
• Funding for the first year of the contract has already been budgeted for in Fiscal Year 2025 and additional funds will be budgeted in future annual Parking Services operating budgets.

Background:

• N.C. General Statute § 20-141 gives the City the authority to regulate speed limits within its corporate limits.
• City staff received requests from constituents to consider changes to speed limits.
• Haywood Road (US 19-23 Business and SR 3548) and Swannanoa River Road (N.C. 81) are state maintained streets within the city limits.
• The North Carolina Department of Transportation (NCDOT) conducted a traffic-engineering study for US 19-23 Business (Haywood Road) from Patton Avenue to Oakwood Street and SR-3548 (Haywood Road) from Westwood Place to Riverview Drive and determined that the speed limit should be reduced from 35 miles per hour to 25 miles per hour.
• NCDOT conducted a traffic-engineering study for NC-81 (Swannanoa River Road) from Bryson Street to US 70 (Tunnel Road) and determined that the speed limit should be reduced from 45 miles per hour to 35 miles per hour.
• The Asheville Police Department has reviewed the subject actions and they concur with them.
• NCDOT will install the appropriate signs on US 19-23 Business (Haywood Road), SR-3548 (Haywood Road) and NC-81 (Swannanoa River Road). Committee(s):
• MMTC
• August 28, 2024
• Presented for information. The MMTC voiced concurrence with the recommended speed limit changes. Pro(s):
• City staff have been able to respond favorably to constituent requests.
• Provides a more appropriate posted speed limit in residential and commercial areas.
• Provides more appropriate posted speed limits for pedestrians, transit, and bicycle riders. Con(s):
• None

Fiscal Impact:

• No cost to the City

City Engineer Christopher Cairns said that this is the consideration of a resolution to permanently close approximately 140 feet of Sawyer Street, an open right-of-way, connecting to Coxe Avenue, between the parcels addressed as 50 and 52 Coxe Avenue. This public hearing was advertised on August 30, September 6, 13 and 20, 2024. 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 be detrimental to individual property rights.
• Buncombe County, the owner, petitioned for this closure in association with the future development of an affordable housing project that the Buncombe County County Commissioners approved conceptually at the April 2, 2024 Board of Commissioners Meeting. Units are planned to be designated for 80% Area Median Income or below.
• The County has not yet submitted a development plan/application to the City. The requested right-of-way closure is being requested in advance in order to allow the County to move forward with a future development application.
• This portion of right-of-way is currently in active use and maintained by the City.
• The City Transportation Department has requested that the County provide a public access easement contiguous with the closure area in order for pedestrian, bicycle, and potentially delivery access to remain in place in perpetuity. https://drive.google.com/file/d/1jWkJVN2jw0mgdj4ap9uY1OG3nZIjE-Pi/view?usp=drive_link https://drive.google.com/file/d/1jWkJVN2jw0mgdj4ap9uY1OG3nZIjE-Pi/view?usp=drive_link Committee(s):
• Technical Review Committee
• May 6, 2024
• Recommended approval
• Multimodal Transportation Commission
• May 22, 2024
• Recommended approval Pro(s):
• The County wishes to close this short section of right-of-way in order to combine the parcels at 50 and 52 Coxe Avenue into a single larger parcel.
• The benefit to doing this for the County is that they will be able to apply for and receive more affordable housing tax incentives for one single larger parcel, than they would if they applied for incentives for two separate, smaller parcels.
• A public access easement will be recorded to ensure future public access for pedestrians, bicyclists, and possibly delivery vehicles is provided in perpetuity. Con(s):
• The existing right-of-way is currently open and in active use. This action would close the proposed portion of the right-of-way and the land would become Buncombe County property.
• However, the County has agreed to provide a public access easement across the closure area in order for pedestrian, bicycle, and possibly delivery vehicles to continue to access the remainder of Sawyer Street in perpetuity.

Fiscal Impact:

• This action requires no City resources and has no fiscal impact. Mr. Cairnes outlined the following key takeaways from his presentation as follows: (1) Buncombe County petitioned for this closure in association with the future development of a 200 unit, affordable apartment complex to be built at 50/52 Coxe Avenue; (2) Closing the right-of-way would essentially combine the parcels at 50 and 52 Coxe Avenue, which will allow the County to access additional federal affordable housing tax incentives; and (3) The City has requested that a public access easement be granted to allow pedestrian, bicycle, and potentially delivery access to remain in place in perpetuity.. He said that Buncombe County, the Owner of 50 and 52 Coxe Avenue, petitioned for this closure in association with the future development of a 200 unit, affordable apartment complex that the Buncombe County County Commissioners approved conceptually at the April 2nd, 2024 BoCC Meeting. Units will be designated for 80% Area Median Income. The 140 Ft. of right-of-way is located between 50 and 52 Coxe Avenue, closed right-of-way to be divided evenly between the parcels. The closure is for a section of Sawyer Street that is currently in use and maintained by the City. The County wishes to close this short section of right-of-way in order to combine the parcels at 50 and 52 Coxe Avenue, which will allow the County to access additional federal affordable housing tax incentives. The recording of the closure will take place only if the Council approves the future Conditional Zoning application to be brought forward at a future meeting. The City Transportation Department has requested that the County provide a public access easement contiguous with the closure area in order for pedestrian, bicycle, and potentially delivery access to remain in place in perpetuity. He then showed maps of the right-of-way closure, along with views from the east and west from the Coxe Avenue intersection. The Technical Review Committee reviewed the request on May 6, 2024, and recommended approval to the closure. The Multimodal Transportation Committee reviewed the request at their May 22, 2024, meeting and also recommended approval of the closure. Mayor Manheimer opened the public hearing at 5:34 p.m. David Moritz said that he has a piece of property at the corner of Sawyer Street. He said he has not been provided any information on the impact for the entrance of his project which he is already entitled, but has not started yet because of the cost of construction. Jared Wheatley spoke in support of this closing. Mayor Manheimer closed the public hearing at 5:39 p.m. Assistant Planning & Urban Design Director Chris Collins said that Mr. Moritz has a micro-housing project which was approved as a Level II project. Mr. Moritz’ project does have access off Sawyer Street but not at the portion to be closed. He also noted that no parking is required for the project. Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolution and it would not be read.

Assistant Director of Planning & Urban Design Chris Collins said that this is the consideration of an ordinance amendment to Article 19 of Chapter 7 the Code of Ordinances to update the tree canopy protection standards. This public hearing was advertised on September 13 and 20, 2024. Background:

• Article 19 was originally adopted by Council in September of 2020 with plans to revisit and update the ordinance periodically. Since that time, staff has noted several areas for improvement and worked with key stakeholders to develop new preservation incentives for inclusion in the ordinance.
• The amendments were originally planned to be heard with general landscaping requirement updates to the UDO. However, given the technical nature of the 7-19 amendments and the temporary pause on the general landscaping amendments, 7-19 changes are now moving forward independently.
• The proposed amendments are focused on creating code elements that support the lessons learned by staff and developers to make the code more usable and therefore effective at Tree Canopy Preservation.
• Additionally, the amendments create a new definition for “Heritage Trees” encompassing very large canopy trees while allowing additional incentives for preservation alongside disincentives for removal of these trees.
• The Planning & Zoning Commission recommended approval of this amendment with a modification to allow 200% canopy credit for heritage tree preservation while utilizing any allowed canopy credit measurement system. The modification has been incorporated into the ordinance. Comprehensive Plan Consistency: This proposal best aligns with the Living Asheville Comprehensive Plan themes of ‘A Livable Built Environment’ and ‘Harmony with the Natural Environment’ plan sections that include the following goals:
• Make Streets More Walkable, Comfortable and Connected;
• A Healthy and Expanding Urban Tree Canopy;
• Protect Land and Water Assets; and
• Encourage Naturalized Stormwater Management Techniques, Goal 25, Outcome 2: Minimize growth of impervious surfaces citywide. In addition, this proposal is consistent with and supports the Planning for Climate Resilience (Appendix D of the Comprehensive Plan) as a means to reduce vulnerability and risk due to climate change. Committee(s):
• Urban Forestry Commission: Recommended Approval by a vote of 7-0 on 08/02/2024
• Planning & Zoning Commission: Recommended Approval with one amendment by a vote of 6-0 on 09/04/2024. Pro(s):
• Incentivizes the preservation of the City’s larger trees during land development activities.
• Improves the consistency, clarity and access to the UDO for applicants, citizens and staff.
• Supports the goals of the comprehensive plan aimed at providing greater predictability and transparency in Asheville’s regulatory process.
• Supports the Council goal of Improve/Expand Core Services, and Neighborhood and Climate Resilience.

Cons:

• None

Fiscal Impact:

• N/A

Staff Recommendation:

• Staff recommends approval of the proposed zoning text amendment to update the UDO standards for Tree Canopy Preservation in Articles II and XIX because this is consistent with the Living Asheville comprehensive plan in that it directly furthers several goals of the plan while promoting specific Council goals as well. Mr. Collins provided the following key takeaways from his presentation: (1) City staff have inventoried needed changes to the Tree Canopy Preservation requirements as opportunities for improvement have arisen; (2) City staff have worked with the Urban Forestry Commission to create a mechanism to promote the preservation of very large canopy trees; and (3) This text amendment will fix several issues, simplify and clarify code provisions and introduce a new “Heritage Tree” classification that promotes the preservation of very large canopy trees. He said the progress to date is (1) tree canopy credit preserved
• 2,481,992 square feet; (2) tree canopy credit planted
• 336,850 square feet; and (3) tree canopy fee-in-lieu assessed
• $462,018. He said the incentives to preserve canopy over planting or paying are working thus far. He then gave an overview of the heritage trees update as follows: (1) Certain trees over 30, 24 or 15 inches in trunk diameter; (2) Requirement to show on site within disturbance area; (3) 200% Canopy Credit Given for Preservation; and (4) 200% Canopy Credit Replacement Required for Removal Permit. Updates for applicability and exemptions are (1) Expansion of existing buildings & open uses of land: (a) Moves to a percentage-based expansion with a 10,000 square foot base; and (b) Allows more rational basis for large buildings and sites; (2) Clarifies that parks and recreational uses require compliance; and (3) Exempts publicly funded transportation projects and on-property governmental & utility easements. Updates on the new measurement method includes (1) Direct Canopy Measurement; (2) Allows for More Accuracy; (3) Allows for More Credit For Larger Trees (Increased preservation incentive); and (4) Additional Option on All Sites. Regarding the update on tree removal permits, he explained the sections where a tree removal permit is required, and then they are not required. Other lessons learned, missed Code and clarification updates include (1) 20% Critical Root Zone (CRZ) Encroachment Allowance (Codified); (2) Aerial Measurement (a) Remove from small sites; and (b) Require GIS measurement; (3) Clarify that Fee-in-Lieu still requires a Tree Canopy Protection (TCP) Plan; (4) Boundary Tree CRZ’s to be shown on plans; (5) Clarifies how to record a TCP plat; (6) Other clarifying language and cleanup; and (7) Defines “Open Use of Land”. He said the Urban Forestry Commission recommended approval on a 7-0 vote at their August 2, 2024, meeting In addition, the Planning & Zoning Commission recommended approval on a 6-0 vote at their September 4, 2024, meeting. He said that staff recommends approval of the proposed zoning text amendment to update the UDO standards for Tree Canopy Preservation in Articles II and XIX because this is consistent with the Living Asheville comprehensive plan in that it directly furthers several goals of the plan while promoting specific Council goals. Councilwoman Ullman felt that we can address the housing crisis, and places where people can build and have heritage trees. The amount of thoughtful work from volunteers in our community is astounding. Mr. Collins responded to Councilwoman Turner when she asked if there were some projects that were not able to get through because of our Tree Canopy Preservation ordinance. Mayor Manheimer opened the public hearing at 7:09 p.m. David Mortiz suggested the City swap 68 Haywood Street for the urban forest downtown at 11 Collier Avenue and save the 100 trees. Chris Difiore spoke in support of these text amendments. Mayor Manheimer closed the public hearing at 7:13 p.m. Mayor Manheimer said that the City put in an application to the Tourism Product Development Fund for a grant to build out the Beaucatcher Greenway and make it a more accessible path. Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.

Background:

• The City of Asheville entered into a design contract with Equinox in July 2018 for a feasibility analysis of potential greenway routes within the Swannanoa River area.
• In June of 2020, a contract amendment with Equinox was issued for completing design, construction documents and permitting for a total fee of not to exceed $657,930.42
• The City of Asheville has been awarded funding through the Tourism Product Development Fund $2.3M to help cover project construction costs.
• This contract amendment is needed to include construction administration and observation services from the design team through the one year construction period.
• The constructed greenway will be approximately 1 mile in length connecting Glendale Avenue to Bleachery Boulevard.
• The scope of work includes a 10-foot wide asphalt pathway, several retaining walls, stormwater improvements, landscaping, site lighting and bioretention ponds.
• Construction is scheduled to begin in late September 2024 and is anticipated to be complete by September 2025.

Vendor Outreach Efforts:

• Staff performed outreach to minority and women owned businesses on August 28, 2017, 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. Pro(s):
• Increases access to the City’s growing inventory of greenways
• Works towards defining Asheville as a recreation destination Con(s):
• None

Fiscal Impact:

• Funding for this contract is currently budgeted in the General Capital Projects Fund.

Homeless Strategy Manager Emily Ball said that this is consideration of adoption of a resolution authorizing the City Manager to amend the existing deed restriction on 148 River Ford Parkway to specify 50 units of supportive housing and 50 units of affordable housing and reallocation of $500,000 in American Rescue Plan Act (ARPA) funding previously dedicated to permanent supportive housing at 148 River Ford Parkway; and (2) authorizing the City Manager to allocate the $500,000 in ARPA funding for homelessness services to Code Purple in the amount of $278,000 and to Emergency Shelter and Supportive Services in the amount of $222,000 and receive recommendations from the Asheville-Buncombe Continuum of Care prior to awarding specific projects. Background:

• 148 River Ford Parkway is the former site of the Ramada in Asheville.
• At this time, Shangri-La Industries no longer owns the former Ramada property they purchased to convert into Permanent Supportive Housing (PSH). The lender has now completed the foreclosure process and owns the Ramada property so will make the final decision on the new buyer.
• The deed restriction on the Ramada property requires the former hotel to be used for 100 units of permanent supportive housing for chronically homeless people.
• In 2021, the City allocated $1.5M in funding for supportive services for the previous PSH project at the Ramada site, however City funds were not released or paid.
• Friendship for Affordable Housing (FFAH) is a private, affordable housing developer under contract to purchase the property using private capital for acquisition and renovation (est. $18M).
• Friendship originally proposed a permanent supportive housing development in partnership with the VA Medical Center (50 units for Veterans) and Homeward Bound (50 units for people exiting chronic homelessness).
• Based on feedback from the Continuum of Care, HCD, and community, Friendship has reconfigured the proposed project to:
• Continue to use Friendship’s private resources for acquisition and renovation, Housing Authority vouchers, and a partnership with the VA Medical Center for 50 units for Veterans
• Remove the 50 units for people exiting chronic homelessness with support from Homeward Bound to become 50 units for people at or below 50% Area Median Income
• This reconfiguration removes the original request for $1.5M in City funding and would require City Council action to modify the deed restriction from 100 units of permanent supportive housing to 50 units of permanent supportive housing and 50 units of affordable housing. The property will have an additional 13 affordable units without project-based vouchers or population specified.
• Friendship is scheduled to close on the property October 1, 2024, contingent on Council action.
• At their September 12, 2024 meeting, the Asheville-Buncombe Continuum of Care Board unanimously approved a recommendation that City Council modify the deed restriction as requested.
• Because the reconfigured project no longer includes a City funding request, $500K in ARPA funding and $1M in City capital funding are available to reallocate. The $1M in City capital funding does not have time restrictions and staff is recommending to reconsider the use of the $1M as part of the Fiscal Year 2026 budget development process.
• The $500K in ARPA funding was previously authorized for this project and per Treasury guidance, must be allocated by December 31, 2024 to homeless services.
• At their September 12, 2024 meeting, the Asheville-Buncombe Continuum of Care Board unanimously approved a recommendation that City Council allocate the $500K in ARPA funding as follows and receive recommendations from the CoC prior to awarding specific projects:
• $278K: Code Purple
• $221K: Emergency Shelter and Supportive Services Committee(s):
• September 12, 2024 Continuum of

Care Board:

• Unanimously approved a recommendation to City Council to modify the deed restriction as requested and to allocate $500K in ARPA funding to Code Purple and Emergency Shelter and Supportive Services and to receive recommendations from the Continuum of Care prior to awarding specific projects
• September 17, 2024 Housing and

Community Development Committee:

• Approved in a 2-0 vote (only two members of the Committee were present) a recommendation to allocate $500k in ARPA funding to Code Purple and Emergency Shelter and Supportive Services and to receive recommendations from the Continuum of Care prior to awarding specific projects.
• With only two members present, a motion was made but failed due to lack of a second to modify the deed restriction as requested. Pro(s):
• Addresses public health and safety
• Creates needed permanent supportive housing units as well as deeply affordable housing units
• Leverages new investment of private-sector resources Con(s):
• None

Fiscal Impact:

• None Ms. Ball said the following are the key takeaways from her presentation (1) Friendship for Affordable Housing is a private affordable housing developer currently under contract with Stormfield Capital to purchase 148 River Ford Parkway, the former Ramada, to create 113 units of affordable housing. Closing is anticipated October 1, 2024 with occupancy projected for December 2025; (2) To accomplish this, Friendship is requesting a modification of the City’s current deed restriction from 100 units of supportive housing to 50 units of supportive housing and 50 units of affordable housing. No City funds are requested to develop these units. Closing is also contingent on securing Project-Based Vouchers from the Housing Authority and process is currently underway; and (3) The Asheville-Buncombe Continuum of Care Board has unanimously recommended 1) that City Council modify the deed restriction as requested and 2) reallocation of ARPA funds originally authorized for this property. Regarding the background, in 2021, the City was able to secure a 50-year deed restriction on 148 River Ford Parkway for 100 units of supportive housing for the chronically homeless from the property owner, Shangri-La Industries. The property was foreclosed and is now owned by Stormfield Capital. The deed restriction on this private property conveys to any new buyer. Friendship for Affordable Housing is an affordable housing developer under contract to purchase 148 River Ford Parkway from Stormfield Capital. Friendship originally submitted a proposal to the City to create 100 units of supportive housing, including 50 units for veterans with services provided by the VA Medical Center and 50 units for people exiting chronic homelessness with services provided by Homeward Bound, contingent on $1.5M in City funding for Homeward Bound’s services. The City has committed to coordinating homelessness response with and through the Asheville-Buncombe Continuum of Care (CoC) and asked the CoC to vet the proposal and make a recommendation. After extensive vetting and discussion, the CoC Board voted 7
• 6 to recommend the initial project proposal. Based on feedback from the CoC, HCD, and community, Friendship reconfigured the project and revised their request. Proposed development would create: 50 supportive housing units for veterans; 50 affordable housing units for people at/below 50% AMI; and 13 affordable housing units (not population-specific). The following chart is the proposed housing development: Partner Role Funding Structure FFAH Developer and owner Private capital (~$18M) Asheville Housing Authority Provide 100* project-based vouchers:
• 50 Veteran
• 50 affordable at/below 50% AMI Federal HUD funding Over-Brook Management Property management and security Contract with FFAH Charles George VA Medical Center Onsite supportive services for 50 Veterans Federal VA funding 13 additional units are affordable but without project-based vouchers for 113 total units onsite. She said that additional details include (1) Friendship is scheduled to close on the property October 1, 2024; (2) Closing is contingent on: (a) City Council action to modify the deed restriction from 100 units of permanent supportive housing to 50 units of permanent supportive housing and 50 units of affordable housing; and (b) Project-Based Vouchers from the Housing Authority; and (3) Project change means no City funding is necessary to create units, so $1.5M in City funds available to be redirected elsewhere (a) $500K is ARPA funding previously authorized for this project and per Treasury guidance must be used for homeless services; and (b) $1M is City capital funding and can be reprogrammed at any time. Regarding the CoC recommendation about the deed restriction, at their September 12, 2024 meeting, the CoC Board heard a presentation about the proposed reconfiguration and unanimously approved a recommendations to City Council to modify the deed restriction from 100 units of permanent supportive housing to 50 units of permanent supportive housing and 50 units of affordable housing. Discussion emphasized the need for CoC to plan for additional permanent supportive housing development. Regarding the CoC recommendation about the ARPA funds, (1) Per Treasury guidance, City Council needs to reallocate ARPA funds into activities by October 11, 2024, with specific projects awarded afterwards; (2) CoC Board unanimously recommended that City Council consider allocating the $500K in ARPA funding originally requested for 148 River Ford Parkway as follows: (a) $278K: Code Purple
• Based on cost estimate from ABCCM for coming winter to fill the gap between City/County budgeted funds of $100K and full cost of operation; and (b) $222K: Emergency Shelter and Supportive Services; and (3) If approved by City Council on September 24, 2024, process would be: (a) Staff initiate funding opportunity available to the CoC Membership; (b) CoC Funding Committee reviews requests received and develops recommendations for CoC Board; (c) CoC Board approves final recommendation to City Council; and (d) City Council makes final decisions this fall/winter. Ms. Ball said that regarding the HCD recommendations, at their September 17, 2024 meeting, City Council’s Housing and Community Development Committee: (1) Approved in a 2-0 vote (only two members of the Committee were present) a recommendation to allocated $500K in ARPA funding to Code Purple and Emergency Shelter and Supportive Services and to receive recommendations from the Continuum of Care prior to awarding specific projects; and (2) With only two members present, a motion was made but failed due to lack of a second to modify the deed restriction as requested. Staff recommended the following motions: (1) Motion to authorize the City Manager to modify the deed restriction at the former Ramada at 148 River Ford Parkway to 50 units of permanent supportive housing and 50 units of affordable housing for persons making 50% or less of Area Median Income; and (2) Motion to authorize the allocation of $500,000 in ARPA funding for homelessness services to Code Purple in the amount of $278,000 and to Emergency Shelter and Supportive Services in the amount of $222,000 and receive recommendations from the Asheville-Buncombe Continuum of Care prior to awarding specific projects. Ayahlushim Getachew, Principal with FFAH, Jerry Kivett-Kimbr, licensed clinical social worker at the VA Hospital, and Ms. Ball responded to various questions/comments from Council, some being, but are not limited to: confirmation that vouchers would be available via a site-based wait list and individuals would be screened by the FFAH, which typically is done chronologically; what are the requirements for a voucher; information on the financial aspect of this project; FFAH has six projects fully running at this point and they have approximately 75 projects they developed and they understand how to balance security cost and they are analyzed on a monthly basis; possibility of a low tax income credit project on the adjoining parcel; hope that in the future there will be more veteran beds; what will be the VA staffing at the project; and confirmation that FFAH has operated other projects with supportive and non-supportive services. Councilwoman Roney asked if there has been any new information since the Finance Committee that improved the outcome and made it more financially stable. She said that this should be easy to say yes, especially with the VA at the table. Given the information available to Council in public and private, check-in meetings, isn’t as clear as it seems. She was really wrestling with this one, and wanted to hear public comment. Mayor Manheimer provided Council with a brief update of the CoC meeting as it related to this topic. She was disappointed that there are only 50 units of permanent supportive housing, but we have a challenge. We have a group not asking the City for any money to transform a site to have 50 units for our veterans with permanent supportive housing. There are people all over the community that are using vouchers and they are good neighbors.