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BY THE RECORDASHEVILLE
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Asheville City Council

September 28, 2021

Regular meeting

Streets and transitOther City businessHousing

The short version

7 decisions: 4 approved together in one consent-agenda vote, and 3 voted on separately. 2 votes split.

  1. Council rezones phone one properties that includes approximately 122 acres of property from River (RIV), Regional Business (RB), Highway Business (HB), Commercial Industrial (CI).

    Council voted to rezone phone one properties that includes approximately 122 acres of property from River (RIV), Regional Business (RB), Highway Business (HB), Commercial Industrial (CI), and Office Business (OB) to Urban Place Form (UP) district.

    Passed. Voted no: S. Antanette Mosley.

  2. Council approves the proposed text amendments to Chapter 7 of the Asheville Code of Ordinances.

    Council voted to approve the proposed text amendments to Chapter 7 of the Asheville Code of Ordinances with the condition that: The code be amended in all places to reflect the updated Land Use Incentive Grant (LUIG) policy that requires 50% of affordable housing units to accept rental assistance such as Housing Choice Vouchers.

    Passed. Voted no: S. Antanette Mosley.

  3. Council rezones 70 Mills Gap Rd., with conditions, from Industrial District and RS-2 Residential Single-Family Low Density District to Residential Expansion/Conditional Zone.

    Council voted to rezone 70 Mills Gap Rd., with conditions, from Industrial District and RS-2 Residential Single-Family Low Density District to Residential Expansion/Conditional Zone.

    Passed.

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

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Voted on separately

Each of these had its own motion and vote.

  1. Council rezones phone one properties that includes approximately 122 acres of property from River (RIV), Regional Business (RB), Highway Business (HB), Commercial Industrial (CI).

    Passed. Voted no: S. Antanette Mosley.

    More

    Council voted to rezone phone one properties that includes approximately 122 acres of property from River (RIV), Regional Business (RB), Highway Business (HB), Commercial Industrial (CI), and Office Business (OB) to Urban Place Form (UP) district.

    • What the City says it's for: “The rezoning will allow for the built environment of these properties to transition over time so that they become more urban and walkable, and better aligned with the city’s long-term goals.”
    • “The request totals approximately 122 acres of property for rezoning to Urban Place Form District.”
    • “The rezoning will lead to a more efficient use of land that encourages housing and incentivizes affordable housing along transit routes.”
    • “Staff have drafted an equity analysis of the proposed rezoning using the Racial Equity Toolkit: An Opportunity to Operationalize Equity, as prepared by the Local and Regional Government Alliance on Race and Equity.”
  2. Council approves the proposed text amendments to Chapter 7 of the Asheville Code of Ordinances.

    Passed. Voted no: S. Antanette Mosley.

    More

    Council voted to approve the proposed text amendments to Chapter 7 of the Asheville Code of Ordinances with the condition that: The code be amended in all places to reflect the updated Land Use Incentive Grant (LUIG) policy that requires 50% of affordable housing units to accept rental assistance such as Housing Choice Vouchers.

    • “It’s approximately 1 mile away.”
    • “The Emma community on Patton Avenue is much closer to the site - approximately ¼ mile away.”
  3. Council rezones 70 Mills Gap Rd., with conditions, from Industrial District and RS-2 Residential Single-Family Low Density District to Residential Expansion/Conditional Zone.

    Passed.

    Who it's for: Households earning up to 80% of the area median income: up to $81,920 a year for a family of four, or $57,360 for one person (HUD's 2026 income limits for tax-credit housing in the Asheville area).

    More

    Council voted to rezone 70 Mills Gap Rd., with conditions, from Industrial District and RS-2 Residential Single-Family Low Density District to Residential Expansion/Conditional Zone.

    • What the City says it's for: “The project will be a 73 unit single-family residential subdivision with associated road and utility infrastructure (51 single-family lots and 22 townhouse units).”
    • “Mr. Wyatt Stevens, attorney representing the applicant, said that this project seeks to conditionally zone a 34.5 acre parcel from industrial and residential to residential expansion.”
    • “The project area is approximately 11.25 acres based on the proposed limits of disturbance; the remaining 23.25 acres will remain wooded and undisturbed.”
    • “The site will obtain access via a new road construction off of Mills Gap Road (with emergency secondary access via a proposed right-of-way through the adjacent Amcor Flexibles parking lot on Sweeten Creek Road if required.”
    What that means
    Conditional zoning:
    Zoning for one property with conditions the owner must follow, such as a site plan or a cap on size.

Approved together on the consent agenda

4 items, approved in one vote without separate discussion. Any member can pull an item out for its own vote.

  1. Official title

    Resolution authorizing the City Manager to execute a change order with.

    More
    • The money, in the minutes' words: “The result of adding the bid alternate would cause the contract price to go beyond the original not to exceed contract value of $1,187,785.50 by $35,099.50.”
    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.
  2. Council changes a contract for the Neighborhood Enhancement Project Area 5 Professional Services Contract.

    More

    Council voted to change its contract with WK Dickson for the Neighborhood Enhancement Project Area 5 Professional Services Contract.

    • The money, in the minutes' words: “Action Requested: Adoption of a resolution authorizing the City Manager to execute a change order with W. K. Dickson & Co., Inc. in the amount of $690,275.00 to increase the Neighborhood Enhancement Project Area 5 – Professional Services Contract from a total of $762,395.00 to $1,452,670.00.”
    • “Because of the limited right-of-way, the only waterline route option available within public ROW, along the section of Long Shoals Road was to install the proposed waterline under the actual roadway, which is contrary to NCDOT’s encroachment policies.”
    • “Because of the denial from NCDOT to allow the proposed water main to be installed under the paved road surface; the proposed water transmission main alignment had to be changed to be outside the NCDOT right-of-way, to be installed within private property throughout the Long Shoals project corridor.”
    • “The proposed change order request is based on the amended scope.”
    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.
  3. Council approves a contract with SEPI Engineering & Construction for the French Broad River Greenway West project.

    More
    • What the City says it's for: “This project will finish a one mile long gap between two older sections of the French Broad River Greenway creating a 4 mile stretch of continuous greenway along the river through four parks.”
    • The money, in the minutes' words: “A 2018 Federal Grant will be paying for 80% of the construction and the construction engineering and inspection costs for this project through the NC Department of Transportation in the amount of $350,784.75 .”
    • “This will be a 1.02 mile paved greenway extension that further enhances the pedestrian and bicycle infrastructure constructed with the RADTIP project.”
    • “Construction schedule is currently underway and is anticipated to be complete in Summer, 2022.”
    • “It will also pave the 0.02 mile long dirt trail underneath the Amboy Road Bridge.”
    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.
  4. Council approves an agreement to explore the option of a future property exchange facilitating the reconstruction of the existing downtown electrical substation.

    More

    Council voted to approve an agreement with Duke-Progress Energy to explore the option of a future property exchange facilitating the reconstruction of the existing downtown electrical substation.

    • “Duke Energy’s current downtown substation located behind the Civic Center, built in the 1960s, is insufficient to provide long-term service to downtown residents and businesses.”
    • “The City has an interest in the property where the substation is currently located to accommodate future development of the Thomas Wolfe Auditorium.”
    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.

CONSENT AGENDA

  1. 4 consent-agenda items, approved together in one vote.

PRESENTATIONS & REPORTS

  1. Manager’s report - Climate Justice Initiative update

    “City Manager Campbell introduced Sustainability Officer Amber Weaver who outlined the key takeaways from this update.”

PUBLIC HEARINGS

  1. Urban Place Form District public hearing to amend the Unified Development Ordinance to establish a New Urban Place Form District

    “Due to a conflict of interest, Councilwoman Kilgore moved to recuse Mayor Manheimer from participating in the matter regarding the Urban Place Form District.”

  2. Public hearing to conditionally rezone 70 Mills Gap Road from Industrial District and RS-2 Residential Single-Family Low Density District to Residential Expansion/Conditional Zone

    “At the applicant’s request, on June 22, 2021, a motion was made and seconded to continue the public hearing to conditionally rezone 70 Mills Gap Road from Industrial District and RS-2 Residential Single-Family Low Density District to Residential Expansion/Conditional zone to September 14, 2021.”

  3. Public hearing to consider an amendment to articles II and xvi of the Unified Development Ordinance to update definitions and regulations related to homestays

    “Councilwoman Wisler moved to continue this public hearing until December 14, 2021.”

  4. Public hearing to consider a Land Use Incentive Grant to rcg LLC for 101 Charlotte Street project public hearing to conditionally rezone 99999 Charlotte Street, 121 Charlotte Street, 123 Charlotte Street, 125 Charlotte Street, 129…

INFORMAL DISCUSSION AND PUBLIC COMMENT

  1. Public comment

    “9-28-21 Page 24 From advanced live call-ins, two individuals spoke to Council, including, but not limited to the following comments: rebuttal of an article; and need to continue to make historical, unprecedented positive impacts regarding reparations.”

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.