Asheville City Council
September 24, 2019
Regular meeting
Other City businessStreets and transitHousingHomelessness
The short version
21 decisions: 16 approved together in one consent-agenda vote, and 5 voted on separately.
- Council rezones 940 West Chapel Road from Neighborhood Business (NB) to Residential Single-Family High Density District (RS-8).
Council voted to rezone 940 West Chapel Road from Neighborhood Business (NB) to Residential Single-Family High Density District (RS-8).
Passed. Everyone present voted yes.
- Council rezones 99999 Lakeside Drive.
Council voted to rezone 99999 Lakeside Drive from Residential Single-Family Medium Density District (RS-4) to Residential Multi-Family Medium Density District (RM-8) in order to support infill residential development.
Passed. Everyone present voted yes.
The short version is picked by a fixed rule, never by the order of the minutes: split votes and failed motions first, then changes to a program, a service or who qualifies, then the largest amounts, then budgets, zoning, laws and fees. Schedules, appointments, event permits and tax refunds come last.
The recording and the record
Voted on separately
Each of these had its own motion and vote.
Passed. Everyone present voted yes.
What's planned: “The construction of single family homes that are compatible with the surrounding neighborhood.”
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Council voted to rezone 940 West Chapel Road from Neighborhood Business (NB) to Residential Single-Family High Density District (RS-8).
- What the City says it's for: “The purpose of the RS-8 zoning district is to provide areas for higher density single-family dwellings and promote a suitable environment for single-family living.”
- “Five individuals spoke in support of the project for various reasons, mainly because this will be a partner on the needed affordable housing, and the need for mixed use developments.”
- “The project site consists of one parcel with a total area of 0.5 acre located at 940 West Chapel Road (PIN 9647-94-6312) that is owned by JCS III LLC.”
- “The subject property includes a single 0.5 acre lot zoned NB and located on the northeast corner of West Chapel Road and London Road in the Shiloh community.”
Council rezones 99999 Lakeside Drive.
Passed. Everyone present voted yes.
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Council voted to rezone 99999 Lakeside Drive from Residential Single-Family Medium Density District (RS-4) to Residential Multi-Family Medium Density District (RM-8) in order to support infill residential development.
- “Request to rezone a single parcel of property currently zoned Residential Single-Family, Medium Density District (RS-4) to Residential Multi-Family, Medium Density District (RM-8).”
- “The project site consists of one parcel with a total area of 3.73 acres located at 99999 Lakeside Dr. (PIN 9628-13-2010) that is owned by Asheville West LLC.”
- “The subject property is currently vacant and undeveloped.”
Passed. Everyone present voted yes.
What's planned: “The construction of a new mixed-use building”
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Council voted to deny a request to rezone project known as Create Broadway from Central Business District (CBD) to Central Business Expansion District (CBD EXP CZ).
- “She said the proposal is for new mixed-use building containing 138 hotel rooms, 37 residential units (including affordable and live/work units), approximately 1,187 square feet of retail space, additional restaurant/bar space within the building associated with the hotel use, and 126 structured parking spaces.”
- “Additionally, the applicant proposed conditions that would restrict access during the City Market just to make that extra clear that they would not use that vehicular access point during the City Market hours.”
- “It’s not just about giving money to the Affordable Housing Trust Fund.”
Passed. Everyone present voted yes.
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Council voted to adopt a policy for developing City-owned land for affordable housing entitled “Policies for Implementing Affordable Housing on City-owned Land.
- What the City says it's for: “The policy sets forth that all funds received from the sale of City land for affordable housing will be designated to be used for affordable housing.”
- “In 2015, the City adopted the “Comprehensive Housing Strategy and Policy Framework” which included the use of City-owned land as development sites for the creation of new affordable housing.”
- “In the coming months, the City is seeking to solicit development proposals for properties at 319 Biltmore Avenue and 91 Riverside Drive as part of the implementation of the Affordable Housing Bond Program.”
- “To guide this effort and any future development of other City property for affordable housing, staff developed a set of policies to establish procedures, affordable housing goals and financial incentives when developing affordable, mixed-income communities on City-owned land.”
Passed. Everyone present voted yes.
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Council voted to adopt an ordinance imposing a temporary moratorium on hotel development approvals within the City of Asheville, including “Hotel, extended stay”, “Hotel, large” and “Hotel, small” as defined in Section 7-2-5 of the City’s Unified Development Ordinance, commencing September 24, 2019 and expiring no later than September 24, 2020.
- “During the duration of the moratorium, the following actions are proposed: Phase 1 (three months)”
- “Moving forward his specific contribution to the conversation is going to be on building affordable housing and that contribution to our community.”
- “A couple of affordable units might not seem much, but we need to explore how all that fits together.”
Approved together on the consent agenda
16 items, approved in one vote without separate discussion. Any member can pull an item out for its own vote.
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- The money, in the minutes' words: “Authorize the City Manager to enter into a construction contract with Dosan, of Indian Trail NC, in the amount of $359,300 and to further authorize change orders if needed, up to the contingency amount of $35,930 (10%) for Richmond Hill Park restroom facility and picnic shelter.”
- “Project will improve the park experience for Asheville residents.”
What that means
- Consent agenda:
- Routine items Council approves together in one vote, without discussion. Any member can pull an item out for its own vote.
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Council voted to approve a three-year contract with Homeward Bound of Western North Carolina for the operation of a Homeless Street Outreach program, for $150,000.
- The money, in the minutes' words: “Authorize the City Manager to execute a contract with Homeward Bound of Western North Carolina for a total of $150,000, with annual cost not to exceed $50,000 each year.”
- “Quality Affordable Housing”
What that means
- Consent agenda:
- Routine items Council approves together in one vote, without discussion. Any member can pull an item out for its own vote.
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Council voted to submit the fiscal year 2019 Department of Housing & Urban Development Continuum of Care (CoC) consolidated grant application for annual.
- The money, in the minutes' words: “A total of $125,971 is available in ESG funds for FY 2019-20.”
- “Quality Affordable Housing”
What that means
- Consent agenda:
- Routine items Council approves together in one vote, without discussion. Any member can pull an item out for its own vote.
- Fiscal year:
- The City's budget year runs from July 1 to June 30. Fiscal year 2027 runs from July 1, 2026, to June 30, 2027.
Council approves a $500,000 contract with Asheville Staffing to provide temporary staffing services.
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- What the City says it's for: “The Contract allows for a one year renewal.”
- The money, in the minutes' words: “Motion to authorize the City Manager to enter into a not-to-exceed contract in the amount of $500,000 with Asheville Staffing to provide temporary staffing services for the City of Asheville.”
What that means
- Consent agenda:
- Routine items Council approves together in one vote, without discussion. Any member can pull an item out for its own vote.
More
- The money, in the minutes' words: “Motion authorizing the City Manager to enter into a not-to-exceed contract in the amount of $500,000 with DEC Associates, Inc. to provide financial advisory services for the City of Asheville.”
What that means
- Consent agenda:
- Routine items Council approves together in one vote, without discussion. Any member can pull an item out for its own vote.
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Council voted to approve a contract with Clark Nexsen for the dr. wesley grant sr. southside center for the design of indoor and outdoor recreation facilities.
- The money, in the minutes' words: “Southside Center Project for an amount not to exceed $465,000 and further authorizing the execution of any contract amendments up to 10% ($46,500) to the contract which may arise during the project.”
- “Facility improvements will be designed to increase equitable access to community and recreation services for current and future residents through a public community engagement process.”
What that means
- Consent agenda:
- Routine items Council approves together in one vote, without discussion. Any member can pull an item out for its own vote.
Council approves an agreement with Hilliard Park LLC for public parking and associated improvements.
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- What the City says it's for: “This project will result in the development of driveway improvements, landscaping, stormwater control and 63 public parking spaces to support the future Bacoate Branch Greenway and Aston Tennis Center.”
- The money, in the minutes' words: “The overall project cost is $650,000 and the City’s share is not to exceed $325,000.”
- “Council approved the sale of city-owned land for an affordable housing development at 360 Hilliard Avenue (zoned CBD) and the associated real estate terms at its June 11, 2019 meeting.”
- “Creates public parking through a partnership with the developer of the affordable, mixed-income community at 360 Hilliard.”
What that means
- Consent agenda:
- Routine items Council approves together in one vote, without discussion. Any member can pull an item out for its own vote.
Official title
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- The money, in the minutes' words: “Motion to adopt a resolution authorizing the City Manager to execute a Settlement, Release, and Indemnification Agreement with Long Shoals Partners, LLC, and issue a one-time payment to Long Shoals Partners, LLC in the amount of $92,148.”
What that means
- Consent agenda:
- Routine items Council approves together in one vote, without discussion. Any member can pull an item out for its own vote.
More
- The money, in the minutes' words: “Funding for the feasibility site assessments is already budgeted and available in the amount of $34,682.”
What that means
- Consent agenda:
- Routine items Council approves together in one vote, without discussion. Any member can pull an item out for its own vote.
Council acquires 0.28 acres of property along Broadway from the N.C. Department of Transportation.
Who it's for: Households earning up to 60% of the area median income: up to $61,440 a year for a family of four, or $43,020 for one person (HUD's 2026 income limits for tax-credit housing in the Asheville area).
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Council voted to acquire 0.28 acres of property along Broadway from the N.C. Department of Transportation.
- “Reed Creek Greenway Plaza proposed to build a mixed use, mixed-income community with 38 total residential units, of which 8 units are to be affordable to households at 60% AMI. At the time, the developer agreed to a 25 year deed restriction on the affordability of those 8 units.”
- “The developer has agreed to extend the term of affordability to 30 years for the 8 units planned within the new housing community.”
- “Supports the development of affordable housing within a mixed-income, mixed-use community, in a location that has access to jobs, transit, goods, and services.”
What that means
- Consent agenda:
- Routine items Council approves together in one vote, without discussion. Any member can pull an item out for its own vote.
More
What that means
- Consent agenda:
- Routine items Council approves together in one vote, without discussion. Any member can pull an item out for its own vote.
More
- “The funding needed for the first year of this agreement is currently allocated within the adopted Water Services Fund and General Fund budgets.”
What that means
- Consent agenda:
- Routine items Council approves together in one vote, without discussion. Any member can pull an item out for its own vote.
More
What that means
- Consent agenda:
- Routine items Council approves together in one vote, without discussion. Any member can pull an item out for its own vote.
More
- What the City says it's for: “The contract will restore the area to conditions that were designed to help reduce flooding from the Swannanoa River.”
What that means
- Consent agenda:
- Routine items Council approves together in one vote, without discussion. Any member can pull an item out for its own vote.
More
Council voted to renew its agreement with Insurance Service of Asheville for fiscal year 2019-20 and authorize providing the insurance Services through June 30, 2021.
What that means
- Consent agenda:
- Routine items Council approves together in one vote, without discussion. Any member can pull an item out for its own vote.
- Fiscal year:
- The City's budget year runs from July 1 to June 30. Fiscal year 2027 runs from July 1, 2026, to June 30, 2027.
Council allows beer and wine at the Medstream Anesthesia Fundraiser.
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Council voted to let people have and drink beer and wine at the Medstream Anesthesia Fundraiser on September 28, 2019.
What that means
- Consent agenda:
- Routine items Council approves together in one vote, without discussion. Any member can pull an item out for its own vote.
Everything on the agenda
From the minutes, in the order the City lists them. Each item's first lines are the minutes' own words.
PROCLAMATIONS
Proclamation proclaiming mid-september 2019 through mid-october 2019 as “Latinx Heritage Month”
“Councilman Haynes read the proclamation proclaiming mid-September 2019 - mid-October 2019, as "Latinx Heritage Month " in the City of Asheville.”
CONSENT AGENDA
16 consent-agenda items, approved together in one vote.
PUBLIC HEARINGS
Continuation of public hearing to consider conditional zoning of three parcels from Central Business District to Central Business District expansion/ conditional zoning for the construction of a mixed-use building at 71 broadway and 61…
“Mayor Manheimer announced that on September 10, 2019, this public hearing was held and at the applicant’s request, in order to meet with Asheville City Market vendors/ representatives, adjoining business owners, etc., this public hearing was continued until this date.”
Public hearing to consider rezoning property located at 940 West Chapel Road from Neighborhood Business District to RS-8 Residential Single-Family High Density District: Page 19 urban
“Page 19 Urban Planner Sasha Vrtunski said that this is the consideration of an ordinance to rezone property located at 940 West Chapel Road from Neighborhood Business District to RS-8 Residential Single-Family High Density District.”
Public hearing to consider rezoning property located at 99999 Lakeside Drive from RS-4 Residential Single-Family Medium Density District to RM-8 Residential Multi-Family Medium Density District: urban
“Urban Planner Vaidila Satvika said that this is the consideration of an ordinance to rezone property located at 99999 Lakeside Drive from RS-4 Residential Single-Family Medium Density District to RM-8 Residential Multi-Family Medium Density District.”
Public hearing to consider a temporary moratorium on Hotel development approvals within the City of Asheville: Planning & urban design
“Planning & Urban Design Director Todd Okolichany said that this is the consideration of an ordinance to place a temporary moratorium on hotel development approvals within the City of Asheville.”
Public hearing to consider amending the City of Asheville Charter to provide for at-large elections for members of the City of Asheville City Council
“City Attorney Brad Branham said that this is a public hearing to consider amending the City of Asheville Charter to provide for at-large elections for members of the City of Asheville City Council.”
Public hearing to consider amending the City of Asheville Charter to provide that Asheville City Council Elections be conducted by the nonpartisan primary and election method
“City Attorney Brad Branham said that this is a public hearing to consider amending the City of Asheville Charter to provide that Asheville City Council elections be conducted by the nonpartisan primary and election method.”
NEW BUSINESS
Resolution adopting a policy entitled “Policies for Implementing Affordable Housing on City-owned Land”: real estate program
“Director Nikki Reid said that this is the consideration of a resolution to adopt a policy entitled “Policies for Implementing Affordable Housing on City-Owned Land.” Action Requested: Approval of a resolution to adopt a policy for developing City-owned land for affordable housing entitled “Policies…”
Resolution appointing a member to the Buncombe County Tourism Development Authority
“Vice-Mayor Wisler, Chair of the Boards & Commissions Committee, said that this is the consideration of appointing a member to the Buncombe County Tourism Development Authority.”
INFORMAL DISCUSSION AND PUBLIC COMMENT
Public comment
“Ms. Susan Sertain spoke about the need for stricter tree policies with fines being enforced.”
Summaries are written by hand from the minutes, and every number and name in them is checked against the minutes' own words. An item not written yet shows a summary built by fixed rules from its official title. Every item shows its official title. Procedural motions, like approving the agenda or adjourning, are left out.