City Council regular meeting — January 13, 2026

Background:

• Built in 1953 as a combined Fire Station and Library, the facility at 970 Haywood Road was repurposed as a Police Resource Center in 1999. It no longer meets modern public safety standards and presents critical risks:
• Security Vulnerabilities: The original 1953 library design includes large, single-pane windows extending from desk height to the ceiling, creating significant safety concerns for APD staff and community members inside the facility.
• Employee Wellness: Officers have expressed that the space does not feel secure, which runs counter to our goal of establishing Resource Centers that provide safety, privacy, and support. Leadership at the Police Department prioritizes the health and wellness of our employees, and the current facility does not align with that commitment.
• Site Constraints: Limited on-site parking requires APD to lease off-site spaces, conditions that contributed to recent vehicle security incidents, including the arson of two marked patrol vehicles.
• If approved, the Public Facilities Management Division will work with the Police Department to ensure the space provides improved security to support a limited police presence at 970 Haywood Road.
• The new Tanger Outlet space offers 4,046 sq. ft. of usable, purpose-built, secure space, a significant increase from the 1,800 sq. ft. currently used at 970 Haywood Road. This expanded capacity will allow for a consistent, professional staff presence during business hours, offering a more secure and suitable location for community engagement and report filing.
• The favorable lease cost is $6,000 per month for the first year of the ten-year term, increasing by 3% annually thereafter (capped at $7,828.64 in year 10). Two 5-year renewal options are available.
• Tanger Outlets is donating approximately $1,000,000.00 toward the upfit costs, representing extraordinary savings and allowing the City to secure immediate, high-quality operational space without a significant capital outlay.
• Ratification of the approved lease is required because the City’s Contracting Policy requires City Council approval of all contracts/leases that exceed a certain threshold; City Council approval for property acquisition is not required by statute. Committee(s):
• City Council
• November 18, 2025
• Appeared as item D on the November 18, 2026, agenda but was pulled and referred to the Public Safety Committee for further discussion.
• Public Safety Committee
• November 20, 2025, the PSC received a more detailed explanation of the need for the proposed project. The Committee agreed without taking formal action to refer the item back to the full Council for action.
• City Council – December 9, 2025: The item appeared on the agenda as Item II.C but was withdrawn to allow for additional discussion and continued community education with surrounding neighborhoods. Pro(s): The new Tanger Outlet location will serve as a flexible workspace for officers assigned to the West Asheville area. The center is designed to enhance operational efficiency, support employee wellness, increase officer safety while at the facility, and expand overall police services.
• Patrol response levels in West Asheville will remain unchanged. Officers are deployed by geographic area, not by substation location, and the two officers currently assigned to the Haywood Road area will continue serving that neighborhood.
• Police services will be expanded through the addition of a Resource Center that will be staffed during business hours.
• The Tanger location offers significantly more parking than the current site, improving access and convenience for both staff and visitors.
• This is a full-service lease that includes common-area maintenance and proportionate property taxes for the duration of the lease. Con(s):
• This is a temporary lease, and the City of Asheville does not own the property. The initial lease agreement for the police offices and resource center is set for a period of ten (10) years.
• This duration is considered short-term, particularly when evaluating the long-term operational needs and community engagement objectives for a police presence and resource center within a high-traffic commercial area.

Fiscal Impact:

• The ten (10) year initial lease is not to exceed $837,339.27.
• Funding for the first year of this contract is available in the Police Department’s operating budget. Future years will be planned during the annual budget development process. One individual spoke against the moving of the APD resource center and requested more bike and foot patrol in west Asheville. Interim Police Chief Jackie Stepp explained that APD is not moving out of 970 Haywood Road, but only an expansion of services in west Asheville.. She also explained how officers are deployed. Councilman Hess clarified that Tanger is donating approximately $1 Million to upfit that property for the APD resource center at Tanger Outlet. If not, the City would have to use its own money and divert the funds from other priorities. He felt this is an opportunity to form partnerships. In response to Councilwoman Ullman, Interim Chief Stepp said that the public would not see any change from entering 970 Haywood Road today than tomorrow. Councilwoman Ullman said that an idea is that the Asheville Fire Department Resource and Engagement Support Team (REST) be located at the 970 Haywood Road facility, and Councilman Hess said that the Asheville firefighters are also asking for more space (and upfitted space) in the Haywood Road facility. In response to Councilwoman Roney, Interim Chief Stepp explained their community outreach (done in mid-December), noting that in the future community engagement will happen on the frontend for similar projects. Councilwoman Roney said that she walks the corridor and engages with neighbors, businesses, organizations, and people living and working on the corridor. She appreciated that the staff did outreach, but there are still important, unanswered questions, and a growing request to increase response in west Asheville, including the AFD’s REST team. When there are calls for more support, this feels like less. West Asheville is among neighborhood and business corridors navigating serious issues of homelessness outreach, mental/behavioral health crises, and substance use/poisoning and they expect certified professionals with the tools and training to address these issues. If she says yes to this investment of $837,000 paid to a landlord over the course of the lease, she’d be saying yes to lack of budget transparency, continued undermining of public trust by putting reactive public engagement at the end after decisions have already been made, and missed the opportunity to invest in street level, relational responses to the serious issues the community faces. She’s also facing the issue that we find money for the things we value. Last year, Council wasn’t made aware of the specifics of this plan, but we also cut the Strategic Partnership Fund for youth programming because we supposedly didn’t have the funds. With limitations of this role, she has to vote no tonight so that she can vote yes when resources and true partnership includes residents, businesses, and people with lived and professional experience with the public safety issues we face, not just in west Asheville, but across the City.

Background:

• The scope of work for this project includes the installation of approximately 250 LF of 12-inch, 700 LF of 8-inch, 21,000 LF of 6-inch ductile iron water line, related appurtenances and other miscellaneous water system components including service connections.
• The project is located in various neighborhoods and commercial corridors throughout the water service district.
• The project will mostly replace existing problematic water lines; which have been identified as a need through a prioritization and master planning process, due to age, pipe failures and future water capacity needs
• On October 21, 2025, the Water Resources Department (WRD) issued an advertisement for bids for the Neighborhood Enhancement Project (NEP) Area 8
• Water Distribution Project.
• In response to the advertisement for bids, the WRD received four (4) bids on November 20, 2025. Companies responding were: 1. Buckeye Bridge, LLC
• Canton,NC
• Non MWBE
• Bid $9,396,412.10 2. TeraFlex Group, LLC.
• Waynesville, NC
• Non MWBE
• Bid $14,794,715.00 3. Hyatt Pipeline, LLC.- Canton, NC
• Non MWBE
• Bid $8,956,938.75 4. TP Howard’s Plumbing Co, Inc.
• Fairview, NC
• Non MWBE
• Bid $8,135,000.00
• Following an audit of the bids by City staff and the project engineers, CDM Smith; Thomas TP Howard’s Plumbing Co. Inc. was selected as the lowest responsible, responsive bidder.
• The Water Resources Department requests authorization to contract with TP Howard’s Plumbing Co, Inc. for the bid amount of $8,135,000.00 plus a 10% contingency in the amount of $813,500.00, for a total amount not to exceed $8,948,500.00 for a term through project completion.

Vendor Outreach Efforts:

• Staff performed outreach to minority- and women-owned businesses through the 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.
• No MWBE firms submitted bids as the prime contractor. Committee(s):
• Not applicable. Pro(s):
• This project is aligned with the City's and the Water Resources Department's goal of continued investment and improvement of the City’s water system through capital improvement projects, in order to provide safe and reliable service. Con(s):
• None.

Fiscal Impact:

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

Background:

• The Cityworks software provides a platform for Water Resources, Public Works, and Parks & Recreation asset management, work orders, inventory management, and reporting.
• Cityworks was first selected as a vendor through a competitive selection process in 2016 and is highly integrated with the City’s geographic information system (GIS) program and includes all major physical assets maintained by Water Resources, Public Works, and Parks & Recreation (water mains, valves, hydrants, streets, signs, picnic shelters, etc.)
• This software is also utilized to track the use and costs of assets through the preventative maintenance of assets.
• Amending the current contract will provide a fully hosted product for an additional year.

Vendor Outreach Efforts:

• No outreach was required as this is amending an existing contract.
• The City of Asheville conducted a competitive procurement process for an asset management software system for both Public Works and Water in 2016 and 2017.
• The asset management system is designed to be used with any other city departments as needed.
• There are a limited number of vendors providing enterprise asset management software, and after reviewing all available options, Cityworks (Azteca) was selected as the best overall value for the City of Asheville. Committee(s):
• N/A Pro(s):
• Amending the current contract will provide a fully hosted product (software as a service) for an additional year. This allows for better security, data backup, and disaster recovery. Con(s):

None Fiscal Impact:

• Funding for this contract is and will be available in the Water Resources, Public Works, and Parks & Recreation departmental operating budgets.
• Fiscal Year 2026 Cityworks licensing totaling $116,233.50; Year 2 extension will not exceed $130,000.00.

Background:

• The City Attorney contracted with Hamilton Stephens Steele & Martin, PLLC on May 30, 2024 to provide legal services on litigation matters involving Harrah's Cherokee Center HVAC systems.
• On September 23, 2025, the contract was amended to expand the scope of service and add additional funds to cover gaps in case coverage following the resignation of two senior staff attorneys.
• The City Attorney’s Office is now fully staffed, but additional funds are needed for Hamilton Stephens Steele & Martin, PLLC to complete the case work they’ve already started.
• Funding for the contract is already available without the need for a budget amendment by the City Council.

Vendor Outreach Efforts:

• Vendor is self performing, and exempted per City Council Resolution
• not applicable Committee(s):
• Not applicable Pro(s):
• Provide specialized litigation services. Con(s):

None Fiscal Impact:

• The Contract Amendment will add $111,000 to the contract, for a total contract cost of $200,000.00. This is included in the City Attorney’s operating budget.

Background:

• The City of Asheville receives funding from the Department of Housing and Urban Development (e.g. HOME funds).
• The City of Asheville is the participating jurisdiction (PJ) for the Asheville Regional Housing Consortium (ARHC) and allocates federal HOME funds across the four-county consortium footprint to support affordable housing.
• The addition of the HOME funds to the Fairhaven Meadows project did not require a substantial amendment from HUD due to the amount of funds added.
• Located in Brevard, the Fairhaven Meadows project provides 42 units for families at 40-70% AMI (area median income) and has received HOME funding to support the project.
• Previous Council resolutions have approved a total of $1,159,924 in HOME funds for this project, however the final contract amount equals $1,305,000. The remaining $115,076 gap was funded by a combination of HOME Program Income (PI) and administrative funds, which HUD has authorized, however, Council approval was not obtained for the final amount.
• A funding agreement in the amount of $1,305,000 was executed, however CED staff has identified a lack of formal Council authorization for $115,076 of the total funding amount.
• Staff is seeking approval to ratify the contract for the full and final amount of $1,305,000.

Vendor Outreach Efforts:

• N/A Committee(s):
• May 21, 2025
• the Asheville Regional Housing Consortium voted to approve additional funding for Fairhaven Meadows for a total $1,275,000.
• August 27, 2025
• The Consortium was updated on the total amount of $1,305,000. Pro(s):
• Funding supports the construction of affordable rental housing in the Asheville Regional Housing Consortium service area. Con(s):
• None noted.

Fiscal Impact:

• $1,305,000 in federal HOME funding to support the development of affordable housing is available.

Background:

• In the existing Traffic Calming Policy, which was last updated in 2014, Asheville supports neighborhood livability and multimodal viability by managing vehicle speeds and volume on local residential streets maintained by the City.
• The current policy process is resource-intensive, requiring extensive staff time, neighborhood petitions, and multiple steps before implementation, leading to long project timelines and unmet resident expectations.
• The project will produce a Traffic Calming Guide and updated Traffic Calming policy, through the evaluation and modification/ definition of:
• Policy/Program structure,
• Eligible streets for the program,
• Appropriate traffic calming treatments applied through the program,
• Prioritization methodology for scoring/ranking the eligible streets, and
• Implementation framework.
• The project will include numerous opportunities for public engagement and input/ feedback, including the formation of a project working group.
• The project is expected to last approximately 12 months.
• Traffic calming will continue to be reviewed under the current policy while policy revisions are considered. Though funding can impact speed of delivery, there is no intention to pause programming qualified traffic calming projects for construction.

Vendor Outreach Efforts:

• Funding for this project is provided through City general fund and/or operating budgets.
• As a result the outreach and engagement followed the City’s business inclusion processes.
• These processes at a minimum require staff to outreach businesses that have a documented contracting disparity directly and/or through prime contractors. Committee(s):
• N/A Pro(s):
• Increased safety on City roadways for all users through the implementation of traffic calming to reduce motor vehicle speeds
• An updated policy and implementation process that will streamline review of traffic calming requests Con(s):

None Fiscal Impact:

• The project is funded through the General Fund’s Traffic Safety Account. The total contract amount is $99,696.99.

Background:

• The Deaverview Complete Streets Project is an NCDOT project that is programmed in the 2026-2035 State Transportation Improvement Program (STIP) as project #EB-5965.
• It is federally funded and requires a 20% local match. The local match totals approximately $2.982 million.
• The required matching funds are programmed in the City’s Capital Improvement Plan as part of the FY 27 budget process to align with the project phases adopted in the STIP.
• The project includes engineering and design, right-of-way acquisition, utility relocation, and construction phases for a 10-foot multi-use path (MUP) extending approximately 1.2 miles between Patton Avenue and Pisgah View Road.
• Transportation staff worked with NCDOT to create an express design (15% design) in Fall 2024 to inform cost estimates and project timelines, which were then programmed into the 2026-2035 STIP.
• NCDOT will complete the preliminary engineering and construct the project. The City will be responsible for acquiring any needed right-of-way, since Deaverview Road is owned and maintained by the City.
• Deaverview Road is prioritized as #2 on the GAP Plan’s Pedestrian Plan project prioritization list. The Pedestrian Plan identifies top priority corridors for new sidewalks.
• Deaverview Road is a main east-west connection from far West Asheville to Patton Avenue, Haywood Road, etc., and currently has no bicycle or pedestrian facilities. Eight transit stops are currently located on the corridor.
• There is a history of residents in the neighborhood/area asking for safety improvements along the corridor.

Vendor Outreach Efforts:

• Funding for this project is provided primarily through Federal funds programmed by the French Broad River Metropolitan Planning Organization.
• Procurement will follow required regulations for the use of federal funds. Committee(s):
• N/A Pro(s):
• Improves safety and mobility along a City-owned road that ranks highly (#2 on the Priority Pedestrian Project List) in the Close the GAP Plan.
• The project is primarily managed and paid for by NCDOT.
• The City is responsible for only a 20% cost share of the project.
• Future redevelopment in the area, including future affordable housing development at HACA’s Deaverview site and the City-owned properties at 65 Ford Street and 411 Deaverview Road, will benefit from improved multimodal connectivity on the corridor. Con(s):
• Once completed, the City will be responsible for maintaining this 1.2-mile multi-use path.

Fiscal Impact:

• The total project amount programmed into NCDOT’s State Transportation Improvement Program (STIP) is $14.9 million. The City is responsible for a 20% match totaling $2.98 million.
• This project was programmed in the FY26-30 CIP, and adjustments will be made during the FY27 budget process to align budget with the project phases adopted in the STIP.

Background:

• The City is currently coordinating with the NCDOT Division 13 on the design and construction of a bike/ped bridge across the French Broad River that will parallel the existing Craven Street Bridge to the north (downstream).
• The project has been assigned project number U-5019E in NCDOT’s State Transportation Improvement Program (STIP).
• The project is federally funded and requires a 20% local match. The match amount totals approximately $2.086 million.
• The required matching funds will be programmed in the City’s Capital Improvement Plan as part of the FY 27 budget process to align with the project phases adopted in the State’s Transportation Improvement Program.
• NCDOT will manage the project with the City as the client; however, the City will be responsible for managing ROW acquisition (including utilities), if necessary, though the City currently owns both parcels on either side of the French Broad River directly north of the existing Craven Street bridge.
• After construction is completed, the City will accept the new bridge into its maintenance program and will need to program funding for future maintenance needs.
• This project will improve multimodal connectivity within and to the River Arts District.

Vendor Outreach Efforts:

• Funding for this project is provided primarily through Federal funds programmed by the French Broad River Metropolitan Planning Organization.
• Procurement will follow required regulations for the use of federal funds. Committee(s):
• N/A Pro(s):
• This project will improve safety and connectivity for multimodal travel between the two sides of the French Broad River.
• The project is primarily managed and paid for by NCDOT.
• The City is responsible for only a 20% cost share of the project. Con(s):
• Once completed, the City will be responsible for maintaining this bridge.

Fiscal Impact:

• The total project amount programmed into NCDOT’s State Transportation Improvement Program (STIP) is $10.43 million. The City is responsible for a 20% match totaling $2.086 million.
• This project was programmed in the FY26-30 CIP, and adjustments will be made during the FY27 budget process to align budget with the project phases adopted in the STIP.

Assistant Planning & Urban Design Director Chris Collins said that this is the consideration of an ordinance to rezone 13 Baldwin Street from Neighborhood Business District to RS-8 Residential Single-Family High Density District. This public hearing was advertised on January 2 and 9, 2026. Project Location and Contacts:

• The rezoning petition consists of one property totalling 0.22 acres and located at 13 Baldwin St (PIN 9657-59-9113).
• Owner: The Estate of Doris Wilson Page. Summary of

Petition:

• The applicant requests a rezoning of one property to the Residential Single-Family High Density (RS-8) District.
• The property is currently zoned Neighborhood Business (NB).
• The primary difference between the RS-8 and NB districts is that the RS-8 district allows for single-family detached houses, while the NB district does not, and that the NB district allows for a limited number of neighborhood-serving commercial uses while the RS-8 district does not.
• The subject property is currently vacant and is located at the corner of Fairview Rd and Baldwin St in the Oakley neighborhood.
• Fairview Rd is served by ART bus route S1 with the nearest bus stop located across the street from the subject property.
• The subject property is designated "Neighborhood Centers” 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 goals in the Living Asheville Comprehensive Plan including:
• Increase and Diversify the Housing Supply
• by promoting zoning policies to encourage more housing.
• The proposed rezoning does not support the following goals in the

Living Asheville Comprehensive Plan:

• Increase Mixed-Use Development Along Transit Corridors
• by encouraging moderately high density, walkable, mixed-use development along the full length of transit-supportive corridors.
• Increase and Diversify the Housing Supply
• by expanding areas permitting higher-density mixed-use development.
• Celebrate the Unique Identity of Neighborhoods Through Creative Placemaking
• by supporting the development of locally-focused neighborhood amenities, including restaurants, pubs, and other neighborhood services.
• The proposed rezoning is partially compatible with the existing Future Land Use designation of “Neighborhood Center” which is proposed, in part, as “a small development or corner store within a neighborhood or along a corridor with non-residential community focused commercial activity and, sometimes, limited residential uses as a component of the commercial development. The commercial uses may include a restaurant, pub, small retail or office, religious institution or community center placed within the neighborhood fabric for the convenience of residents of the neighborhood serving as a focal point for the area”.
• Residential Single-Family High Density (RS-8) is cited as an appropriate zoning district within the “Neighborhood Center” Future Land Use category.

Compatibility Analysis:

• The purpose of the existing Neighborhood Business (NB) zoning district is, “to reserve areas for low-intensity business activity that is accessible to pedestrians from the surrounding residential neighborhood. The intent of the district is to provide for the daily convenience and personal service needs of the surrounding residential neighborhood while minimizing conflicts with surrounding residential uses. This district is designed to be located within or adjacent to residential neighborhoods where large commercial operations are inappropriate, but where small neighborhood-oriented businesses are useful and desirable.” (UDO Sec. 7-8-8(a)).
• The purpose of the proposed Residential Single-Family High Density (RS-8) zoning district is, “to establish a high density per acre for single-family dwellings where public infrastructure is sufficient to support such development and to stabilize and protect the district's residential character in areas of existing high density single-family development while promoting a suitable environment for single-family living. Non-single-family development normally required to provide the basic elements of a balanced and attractive residential area is also permitted.” (UDO Sec. 7-8-4(a)).
• The proposed rezoning petition is generally compatible with most of the surrounding land uses, including:
• RS-8-zoned property directly to the north of the subject property and in the majority of the Oakley neighborhood.
• NB-zoned properties with small-scale commercial uses to the west and east of the subject property.
• Community Business I (CBI)-zoned property with larger scale commercial uses further to the east of the subject property. Committee(s):
• Planning & Zoning Commission (PZC)
• December 3, 2025
• Approved (Vote 6:0) Pro(s):
• Allows for the construction of single-family detached houses. Con(s):
• Does not allow for any neighborhood-serving commercial uses that the existing zoning allows by-right.
• Reduces the size and potential impact of this neighborhood business “node” in the Oakley neighborhood UDO District Comparison UDO Provision Neighborhood Business (NB) Residential Single-Family High Density (RS-8) Allowed uses: ● Multi-Family
• Limited public, institutional, recreational, commercial, and retail uses
• Small-scale, neighborhood-serving businesses
• Single-Family Detached
• Townhouse
• Accessory Dwelling Unit
• Cottage Development
• Limited public, institutional, and recreational uses Density: None. n/a
• determined by lot size standards Lot Size Minimum: None. Min. 4,000 s.f. Lot Width Minimum: None. Min. 40’ Building Height: Max. 40’ Max. 40’ Building Setbacks: Front: 15’, Side: 0’ min, Rear: 0’ min Front: 15’, Side: 6’, Rear: 15’ Parking None required for residential uses and most commercial uses. Standard (1 per unit typically) Mr. Collins reviewed the existing and proposed zoning, the aerial imagery and the future land use map. He then provided the zoning district comparison of the two districts, along with the pros and cons. He then provided the compatibility analysis. He then explained how the project was consistent with the Living Asheville Comprehensive Plan. The Planning & Zoning Commission voted unanimously to approve the rezoning. He said that staff concurs with the Planning & Zoning Commission and recommends approval of the rezoning. Councilwoman Roney and Councilwoman Ullman felt this rezoning looks like a reduction in the number of allowed uses. City Attorney Branham said that if a property owner voluntarily requests to downzone their property, that is within the authority of City Council. In response to Councilwoman Roney, Mr. Collins said that staff is still exploring how they will bring forward to Council the displacement analysis study, and how staff will be utilizing that study in rezonings. There was discussion on the displacement risk analysis and how that will be applied at the next Housing & Community Development Committee meeting. The owner of 17 Baldwin Street (which is next door to 13 Baldwin) said that 17 Baldwin Street is her childhood home. 13 Baldwin Street was part of 17 Baldwin Street, but her mother made a decision to split off that lot, which has been in their family for over 100 years. The lot is very small with no parking. She has builders ready to build a couple of small houses, which would be perfect for two families starting out. She said proceeds from the sale of this lot is the only way she can afford to make repairs to her home at 17 Baldwin. Mayor Manheimer opened the public hearing at 6:17 p.m. One individual was not opposed to the rezoning; however, felt that we need a clear anti-displacement policy and felt that that analysis should be provided by staff in future presentations. One individual spoke in support of the rezoning of this small lot, which has been empty for a long time. Mayor Manheimer closed the public hearing at 6:21 p.m. Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.

Assistant Planning & Urban Design Director Chris Collins said that this is the consideration of an ordinance to rezone 137 Broad Street from Community Business I District

• Conditional Zone to Community Business I District. This public hearing was advertised on January 2 and 9, 2026. Project Location and

Contacts:

• The rezoning petition consists of one property totalling 0.1 acres and located at 137 Broad St (PIN 9649-53-8527).
• Owner: Broad Properties LLC. Summary of

Petition:

• The applicant requests a rezoning of one property to the Community Business I (CBI) District.
• The subject property is the site of an existing, one-story, commercial building.
• The property is currently zoned Community Business I
• Conditional Zone (CBI-CZ).
• The conditional zoning of the property, per Ord. No. 4817, was adopted on July 30, 2020 and rezoned the subject and neighboring property at 135 Broad St from Community Business I (CBI) to Community Business I
• Conditional Zone (CBI-CZ) for the purpose of constructing two new, mixed-use buildings.
• The new, two-story, mixed-use building proposed at 135 Broad St was constructed as part of that project. The new, 3-story, mixed-use building proposed at the subject property, which would have required the demolition of the existing structure, was not constructed.
• The applicant is requesting a rezoning of the subject property to a general use district in order to occupy the existing building with a use allowed by-right.
• The subject property is designated “Traditional Corridor” 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 ensuring that new development has the appropriate infrastructure to support it.
• Facilitate Real Estate Development that Maximizes Public Benefit
• by establishing accessible and well-connected commercial nodes consistent with strategies outlined in the plan’s growth areas.
• The proposed rezoning is compatible with the Future Land Use designation of “Traditional Corridor” which is described, in part, as “a roadway with a large variety of land uses including commercial, office and residential uses at a variety of scales. The commercial and mixed-use areas along a traditional corridor are typically flanked by residential neighborhoods on one or both sides of the street. The development pattern along a traditional corridor most closely resembles a “main street” with buildings located close to the street”.
• Community Business I (CBI) is cited as an appropriate zoning district within the “Traditional Corridor” Future Land Use category.

Compatibility Analysis:

• The purpose of the Community Business I (CBI) district is, “to provide areas for medium-density business and service uses serving several residential neighborhoods. This community business center may serve as a workplace for many residents in the surrounding neighborhoods and should be sensitive to a significant pedestrian population, but also provide for adequate and safe vehicular access. The Community Business I District is designed to be located primarily along streets which serve multiple residential neighborhoods” (UDO Sec. 7-8-12).
• The proposed rezoning petition is compatible with the surrounding land uses, including:
• Commercial uses to the north, south, and west of the subject property along Broad and Charlotte Streets.
• Single-family residential neighborhoods generally surrounding the subject property. Committee(s):
• Planning & Zoning Commission (PZC)
• December 3, 2025
• Approved (Vote 6:0) Pro(s):
• Allows the existing building to be occupied by a new use and provides greater flexibility for future use of the property. Con(s):
• None identified. Mr. Collins reviewed the existing and proposed zoning, the aerial imagery and the future land use map. He then provided the zoning district comparison of the two districts, along with the pros and cons. He then provided the compatibility analysis. He then explained how the project was consistent with the Living Asheville Comprehensive Plan. The Planning & Zoning Commission voted unanimously to approve the rezoning. He said that staff concurs with the Planning & Zoning Commission and recommends approval of the rezoning. Mayor Manheimer opened the public hearing at 6:28 p.m., and when no one spoke, she closed the public hearing at 6:28 p.m. Mayor Manheimer said that members of Council have previously received a copy of the ordinance and it would not be read.

Assistant City Attorney Carly Gillingham said that this is the consideration of an ordinance amending Chapter 7 of the Asheville Code of Ordinances, to strike Section 7-7-7 (“Waiting period for subsequent applications”) to bring the UDO into compliance with new state legislation. This public hearing was advertised on January 2 and 9, 2026. Background:

• On October 6, 2025, House Bill 926 was enacted into law by the state legislature and became Session Law 2025-94, “An Act to Provide Regulatory Relief to the Citizens of North Carolina.”
• In pertinent part, SL 2025-94 contains the following amendment to Chapter 160D of the North Carolina General Statutes, “Local Planning and Development Regulation:” PROHIBIT WAITING PERIODS FOR REFILING OF DEVELOPMENT APPLICATIONS SECTION 11. G.S. 160D-601 is amended by adding a new subsection to read: "(e) Withdrawn or Denied Applications. – A development regulation or unified development ordinance may not include waiting periods prohibiting a landowner, developer, or applicant from refiling a denied or withdrawn application for a zoning map amendment, text amendment, development application, or request for development approval."
• The current language of the UDO, in Section 7-7-7, imposes a 12-month waiting period for resubmitting certain development applications in violation of the new legislation. Specifically, the language of Section 7-7-7 currently reads: Sec. 7-7-7. Waiting period for subsequent applications. (a) Waiting period
• general. When an application for a zoning amendment has been approved or denied by the Asheville City Council, no rezoning application covering the same property shall be accepted or considered within 12 months after the date of the approval or denial. This restriction shall apply regardless of whether or not the new application is for a zoning classification different from the original application. (b) Waiting period
• waiver. The waiting period required by this section may be waived by a three-fourths vote of Asheville City Council if it determines that there have been substantial changes in conditions or circumstances which may relate to the request.
• The proposed text amendment will strike Section 7-7-7 in its entirety to bring the UDO in compliance with the new legislation. Council Goal(s):
• A Well-Planned &

Livable Community Committees:

• Planning & Zoning Commission (PZC)
• December 3, 2025. Adopted unanimously on a 6-0 vote with the condition to strike the entirety of Section 7-7-7. Originally, staff proposed striking only some of the language to keep waiting periods in place for approved—rather than withdrawn or denied—zoning amendment applications, which would have been the minimum to comply with the new legislation. Planning staff and Legal staff agree with PZC’s recommendation to strike the section in its entirety.

Pros:

• Allows for statutory compliance with NC Session Law 2025-94’s modifications to Chapter 160D of the North Carolina General Statutes.
• Eliminates provisions of the UDO that conflict directly with state law.
• Reduces the possibility of confusion or inefficiency that could result from UDO inconsistency with state law.

Cons:

• None.

Staff Recommendation:

• Staff recommends approval of this zoning text amendment. Ms. Gillingham explained that Section 7-7-7 currently has a 12 month waiting period for refiling approved or denied rezoning applications. New law prohibits any waiting period for withdrawn or denied development applications. This amendment will bring the section into compliance. She then reviewed the background information, along with the current language. She explained that the Planning & Zoning Commission originally considered the amendment to section (a), which would be the minimum to bring this section into compliance. It would have left in place a waiting period for subsequent zoning amendment applications where an application was previously approved by City Council. The new statute only mentions withdrawn or denied applications. After hearing input from Planning staff, the Commission decided there was little to no utility in treating approved applicants differently and it was best to strike Section 7-7-7 in its entirety. She explained the Comprehensive Plan review, along with the pros and cons. Staff recommends approval of the zoning text amendment. Mayor Manheimer opened the public hearing at 6:34 p.m., and when no one spoke, she closed the public hearing at 6:34 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 currently contracts with Remix/Via for scheduling software used by both city staff and the current ART Operations and Maintenance contractor, RATPDev, to create bus route schedules and develop driver rosters.
• The current Remix/Via contract expired on December 31, 2025.
• The city is seeking proposals for a new ART Operations and Maintenance contractor, which may result in the need for the City to use a different scheduling software when the new ART contract begins on July 1, 2026.
• This amendment is being sought so that City staff can continue using the software while the Operations and Maintenance contract is being finalized, either with the current vendor or a different vendor.
• Staff will determine the appropriate process for bidding scheduling software upon determining which software the selected operations and maintenance vendor is using.

Vendor Outreach Efforts:

• N/A this is a current contract. Committee(s):
• N/A Pro(s):
• To allow City staff to continue using the software through the transition process while the Operations and Maintenance contract is being finalized, either with the current vendor or a different vendor. Con(s):
• Remix/Via only has an option for one year contracts.

Fiscal Impact:

• One year extension quote is $27,400. Current contract total is $96,000; bringing the contract total to $123,400.
• Funding is available in the Transit Fund operating budget.

Background:

• NCDEQ has received grant funding from the EPA to provide grants to local governments in Western North Carolina to improve recycling and waste reduction infrastructure.
• North Carolina local governments can apply for EPA funding through NCDEQ for the Helene Recovery Recycling Infrastructure Grant for up to $5,000,000 with a project life of up to 3 years, with no match required.
• NCDEQ is currently accepting viable, well-planned proposals for projects that will expand, rebuild, or improve waste reduction, composting, and recycling programs to improve the resiliency of the region's waste reduction infrastructure.
• Hurricane Helene has resulted in an excess of vegetative and organic waste materials in Western North Carolina, overloading our local yard waste processing facilities.
• This excess of vegetative waste has resulted in significant price increases for residential yard waste disposal, as well as an inability of local yard waste facilities to accept residential leaves.
• The City’s disposal site for concrete and asphalt waste (inert material) is approaching capacity and a long-term solution for this waste is needed.
• The City intends to apply for a grant to build our capacity to internally process wastes; to evaluate and provide recommendations for operational changes and infrastructure to process larger volumes of organic and inert waste; and to fund implementation of feasible recommendations.
• NCDEQ has indicated that applicants may receive partial funding, as well as that additional grant funding may be available after the initial grant award.
• The City will prioritize items within the grant application, and align the scope of the initial contract with NCDEQ with the amount awarded.
• If a feasibility study recommends tasks that are beyond the grant capacity, the City will amend the contract with NCDEQ and/or seek additional grant funding.
• This grant will align well with the solid waste master planning process, and tasks that remain unfunded, but needed, can be integrated into the long term solid waste plan.

Vendor Outreach Efforts:

• N/A Committee(s):
• N/A Pro(s):
• Leverages available recovery funding to improve the City’s capacity to manage and reduce waste with no City-funded match required
• Supports City efforts to meet waste reduction goals Con(s):

None Fiscal Impact:

• Grants are available for up to $5,000,000. No local match is required.

Background:

• The Asheville Fire Department is equipping a new Heavy Rescue Apparatus.
• The new apparatus will contain all the equipment necessary to execute a rescue or sustain initial operational periods in Heavy Vehicle and Machinery Extrication.
• When called to an event as a local resource, this apparatus will be able to initiate initial operations that set up the event for prolonged success with interoperable equipment.
• When called as a NC EM or resource to the Task Force, the apparatus will have all interoperable equipment needed to engage with NC resources as well as be the primary asset for a complete resource or heavy vehicle complement.
• All NC Emergency Management resources are equipped with Paratech rescue struts and equipment, the Res Q Jack Super X is the only interoperable strut with Paratech components.
• Res Q Jack Super X is the only interoperable Heavy Vehicle strut with Paratech.
• Per NC General Statute 143-129(e)(6)- The use of sole-source procurement is permitted in this instance pursuant to N.C.G.S. as equipment compatibility is the overriding concern.
• The use of sole-source procurement is permitted in this instance pursuant to N.C.G.S. 143-129(e)(6)(i) when price competition for a product is not available (ii) a needed product is available from only one source or supply.

Vendor Outreach Efforts:

• Researched cooperative purchasing listings for Res Q Jack. None found.
• Contacted Res Q Jack company in Elmira, NY, who referred to Emergency Apparatus as their current exclusive authorized dealer in NC..
• Letter from Res Q Jack and Emergency Apparatus to confirm above claims. Council Vision 2036 Focus Area(s):
• Fiscally Resilient City Council Priority Recovery Area(s):
• People Committee(s):
• N/A Pro(s):
• Vendor is the current exclusive authorized dealer for NC for the Res Q Jack.
• Vendor possesses thorough knowledge of equipment and maintenance.
• Existing relationship between manufacturer and vendor.
• Increases purchasing efficiency with the known authorized dealer of this the sole source product. Con(s):
• None known.

Fiscal Impact:

• Funding for this purchase will come from the approved budget within the Capital Improvement Program (CIP) as part of the annual vehicle replacement program.

Background:

• This MOA replaces an existing agreement.
• Having an MOA in place is necessary to ensure that the terms of use are established for the City and for the County.
• Having appropriate access to the facility is necessary to ensure that the training of Asheville Public Safety personnel can continue uninterrupted.
• As two of the largest public safety agencies in Buncombe County, Asheville Fire and Police Departments have unique needs related to the safety training facility. In order to document how these needs will be addressed, the City and County are committed to working on an addendum to this MOA which will establish the specific requirements and allowable uses of the facility. Examples of some unique uses include:
• Access to administrative and training spaces that accommodate two fire recruit classes annually.
• Access to the facility and scheduling arrangements that allow for required training of all Asheville public safety personnel.
• Facility maintenance agreements for the City and Buncombe County to ensure efficient and safe use of the facility.
• The addendum is under development and is anticipated to be complete in the spring of 2026. This document will be brought to the City Council for review and approval upon completion.
• As an interim solution to having an addendum in place, the County has agreed to allow Asheville Fire Training staff to continue to operate as they have under the previous agreement. This will ensure that the spring 2026 recruit class will have access to the facilities without disruption to their training protocol.

Vendor Outreach Efforts:

• N/A
• As an interjurisdictional agreement with another government agency outreach is not performed. Committee(s):
• This has not been through any committee as this is a replacement for an existing agreement. Pro(s):
• This document creates an up to date user agreement between the City and the County.
• This document clarifies the general terms of use and the expectations of both parties.
• There is a commitment to completing an addendum to this document which will determine the specific uses of the facility in order to meet the unique needs of the Asheville Public Safety Departments Con(s):

None Fiscal Impact:

• None

THE JANUARY 27, 2026, BUDGET PUBLIC COMMENT PERIOD TO FEBRUARY 10, 2026 Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolutions and ordinances on the Consent Agenda and they would not be read.