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From YouTube: City Council Meeting – September 28, 2021
Description
After technical difficulties, the Council meeting video begins with the agenda's first Presentation and Report. Prior to that, the Consent Agenda was passed by Council:
II. Consent Agenda
A. Approval of the minutes of the formal meeting held on September 14, 2021.
B. Resolution authorizing the City Manager to enter into a contract with SEPI Engineering & Construction for the French Broad River Greenway West Project.
C. Resolution authorizing the City Manager to execute a change order with WxProofing LLC for Harrah’s Cherokee Center Asheville – Window Replacement & Concrete Repairs Project.
D. Resolution authorizing the City Manager to enter into a Memorandum of Understanding and Right of Entry agreement with Duke-Progress Energy to explore the option of a future property exchange facilitating the reconstruction of the existing downtown electrical substation.
E. Resolution authorizing the City Manager to execute a Change Order with WK Dickson for the Neighborhood Enhancement Project Area 5 professional services contract for waterline improvements.
B
And
just
for
the
sake
of
those
I
don't
know
when
we
went
off
air,
but
I'll
just
do
the
introduction
just
very
quickly
again
good
evening.
Thank
you
mayor
vice
mayor
council
staff
and
hopefully
our
listening
and
viewing
audience
for
the
manager's
report.
I
am
going
to
turn
it
over
to
our
manager
of
office
of
sustainability,
very
quickly
to
provide
you
with
an
update
on
our
climate
justice
initiative
and
without
any
further
ado,
especially
since
we've
lost
a
little
time
with
some
technical
difficulty.
C
C
The
office
is
presently
wrapping
up
phase
one
and
in
the
beginning,
process
of
phase
two
key
takeaways
worth
mentioning
here
includes:
underscoring
the
work
of
the
climate
justice
initiative
as
being
led
by
asheville's
black
indigenous
people
of
color
bypoc
community
members.
The
office
of
sustainability
is
utilizing
the
government
alliance
alliance
on
race
and
equity
toolkit.
C
C
C
The
city
of
asheville's
office
of
sustainability
worked
with
unc
asheville's,
national
environmental
modeling
and
analysis
center
to
determine
how
asheville
can
become
more
resilient
to
environmental
changes.
Asheville's
climate
resilience
assessment
helps
the
city
be
prepared
for
and
hopefully,
lessen
the
impacts
of
future
extreme
weather.
Events
due
to
climate
change.
C
C
You
can
see
that
the
office
embarked
on
a
path
of
this
concept
of
climate
justice
and
that,
in
doing
so,
it
was
important
to
look
at
the
work
that
was
already
addressing
this
important
issue
within
the
urban
sustainability
directors
network
through
staff
training.
We
know
that
our
front
line
communities,
our
bypoc
members-
are
those
voices
that
are
heard.
The
least.
C
What
we
learned
is
that
we
too
are
members
of
our
community
that
come
from
a
place
of
privilege
and
in
order
to
properly
address
and
define
climate
equity,
we
need
to
hear
from
bipoc
community
members
of
asheville.
I'd
also
like
to
point
out
that
the
office
of
sustainability
received
grant
funding
from
usdn
to
help
pay.
Frontline
community
members
for
their
participation
next
slide.
C
In
april
2020,
the
office
entered
into
a
contract
with
marisol
jimenez
of
topiak
consulting
a
minority
woman,
led
local
business
to
develop
and
conduct
listing
and
learning
sessions
with
bypoc
leaders
and
community
members.
In
collaboration
with
these
voices,
the
office
seeks
to
begin
shaping
a
locally
relevant
definition
of
climate
equity.
C
C
The
next
phase
of
the
work
included
story
circles
next
slide
here.
I'd
just
like
to
take
a
moment
to
kind
of
show
you
the
methodology
used
here.
We
included
asheville's
climate
threats
and
hazards
and
overlaid
them
with
equity
data
that
includes
the
cdc
social
vulnerability
index,
redlining
the
racial
dot,
demographic
and
rmi
energy
burden.
The
next
slide
here
shows
you,
the
asheville
race,
racial.map,
very
fascinating.
C
This
map
is
one
tool,
helping
staff
define,
discuss
and
address
climate
resilience
through
equity.
A
working
definition
of
climate
equity
is
having
access
to
information,
relationships,
land
and
resources
needed
to
have
sovereignty
and
self-direction
in
response
to
climate
crisis
events
and
long-term
sustainability.
That
is
community-led
deeply
informed,
organized
and
prepared
for
a
rapid
response.
C
C
This
is
an
example
of
a
map
that
was
developed
by
karen
hannah,
a
graphic
artist
and
are
being
shared
with
neighborhood
residents.
Through
these
story
circles
story
circles
involve
creating
a
neighborhood-based
maps
outlining
the
specific
climate
threats
in
each
of
our
four
neighborhoods
through
the
climate
justice
map,
those
neighborhoods
included,
shiloh
emma
tisca
view
and
deverview
because
of
the
large
concentration
of
latinx
residents
living
outside
the
city
limits
and
neighboring
emma
community.
It
felt
critical
that
their
voices
be
included
in
this
conversation.
C
C
Cultural,
artistic,
organizing
youth
will
utilize
current
digital
tools
merged
with
in-person
story
sharing
to
create
a
meaningful
public
art
display
centered
around
climate
justice
and
equity
sitting
centering
vulnerable
communities
by
sharing
their
stories
and
images
through
the
faces
of
change.
Final
images
will
be
collaged
into
a
unified
fine
art
piece
presented
in
the
public
next
slide.
C
C
As
well,
let's
see
so,
I
think,
let's
go
on
to
the
next
slide
and
again
I
just
want
to
go
over.
The
key
takeaways
again
really
highlight
the
different
phases
here:
we're
closing
out
phase
one
and
we're
pulling
themes
from
the
three
pieces
of
the
projects,
the
listening
and
learning
session,
the
story,
circles
and
the
youth
art
to
pull
themes,
to
have
a
screening
tool.
D
C
That
is
a
great
question
if
you
recall
the
climate
emergency
also
asks
for
the
office
to
condense
and
streamline
a
lot
of
the
resolutions
that
have
been
adopted
since
the
2009
sustainability
management
plan
and
through
that
work,
which
is
titled
the
municipal
climate
action
plan.
We
will
also
be
able
to
overlay
this
lens
this
screening
tool
and
that
work
of
the
municipal
climate
action
plan
will
indeed
be
a
part
of
the
city's
budget
process.
C
B
You
mayor,
if,
if
I
could,
if,
if
we
could
just
keep
counsel
informed
of
community
meetings
and
so
forth,
I
know
that
you,
you
give
a
shout
out
to
the
to
the
vice
mayor.
If
we
could,
let
other
council
members
know
of
the
events
as
we
hopefully
make
progress
on
delivering
something
in
january.
That
would
be
great.
A
A
All
right
we're
now
on
to
the
public
hearings
portion
of
our
agenda
tonight
we
originally
had
scheduled
four
items
for
public
hearing
and
before
I
begin
on
the
first
item,
I
need
to
be
recused.
So
can
I
get
a
motion
in
a
second
to
recuse
me
from
the
first
item
on
our
public
hearings
agenda
regarding
urban
farm
place,
district.
G
B
A
H
All
right
on
the
public
hearing
a1.
First,
we
have
a
presentation
on
the
proposed
amendment
to
the
unified
development
ordinance
to
establish
a
new
urban
place,
form
district
associated
code
changes
and
related
map,
amendment
that
proposed
to
result
approximately
122
acres
of
property.
We
have
urban
planner
vidalia
savica.
H
I
I
I
So
some
key
takeaways
that
I
want
you
to
consider
the
urban
place
forum
district
is
a
zoning
tool
that
will
help
to
manage
growth
as
a
growing
city.
We
need
to
align
development
with
our
investments
in
transit
and
these
changes
will
help
to
increase
transit
access
and
reduce
carbon
emissions,
and
this
proposal
incentivizes,
affordable,
housing.
Next
slide,
we
are
asking
you
to
consider
two
actions:
one
to
amend
the
unified
development
ordinance
in
order
to
update
this
zoning
district
and
associated
codes
and
two
to
rezone
122
acres
of
property
next
slide.
I
So
these
are
the
goals
that
we've
inherited
from
the
city
adopted
comprehensive
plan.
We
want
to
accommodate
a
growing
population
and
to
support
job
growth.
We
want
to
integrate
affordable
housing
closer
to
jobs,
we're
looking
to
improve
connectivity
with
walkability
that
supports
transit
and
to
support
a
healthy
environment
with
quality
urban
design
that
improves
tree
canopy
and
urban
open
spaces
next
slide.
I
I
So
now,
let's
get
into
the
proposed
text
amendments.
So
how
are
we
proposing
to
change
the
code?
First,
we're
building
on
asheville's
precedence.
We
have
two
zoning
districts,
the
river
arts
district
form
code
and
the
haywood
road
form
code
that
include
elements
of
what
we're
trying
to
achieve
with
the
urban
place
form
code.
Essentially,
it's
mixed
use
development
that
includes
housing
and
tries
to
create
walkable
communities,
so
we
don't
have
to
reinvent
the
wheel
next
slide.
I
I
A
greater
emphasis
on
interconnectivity
and
efficient
land
use
highlights
the
pedestrian
oriented
focus
where
mixing
residential
units
with
community
activity.
Commercial
activity
excuse
me
connects
housing
to
jobs
now.
Admittedly,
the
images
that
are
shown
on
top
here
are
probably
larger
in
scale
than
we're
likely
to
see,
but
that's
the
the
general
intent
next
slide,
we're
hoping
to
create
block
structure
by
requiring
buildings
on
streets.
I
This.
These
two
images
are
conceptual
they're,
not
really
any
place
here
on
the
left,
you
see
some
large
parcels
with
single
story
buildings
and
what
we're
proposing
in
the
code
is,
if
you
want
to
further
develop
in
that
in
that
parcel,
you
need
to
either
have
a
building
place
on
the
street
or
you
need
to
build
a
street
into
the
the
large
parcel.
I
Typically
in
inform-based
codes,
are
very
close
to
the
street,
so
the
setbacks
are
small.
What
we're
doing
is
again
allowing
more
flexibility
by
increasing
that
to
40
feet
through
talking
with
property
owners
who
are
concerned,
and
so
you
can
increase
your
setback.
If
you
allow
for
pedestrian-oriented
design
near
the
front
like
a
plaza
or
outdoor
seating,
next
slide,
the
height
in
these
urban
centers
would
range
between
four
and
six
stories.
I
For
for
the
maximum
height,
I'm
sorry,
the
base
height
would
be
four
stories
and
we're
saying
that
if
you
provide
affordable
housing,
you
could
increase
that
two
more
stories
up
to
six
stories
for
75
feet
and
to
give
you
some
context
in
these
zoning
districts.
Currently
we're
allowing
we.
We
allow
five
to
seven
stories
so
we're
in
the
same
ballpark.
I
Initially
the
heights
were
higher,
but
because
of
community
concern
and
respecting
those
concerns
for
blocking
views
and
shadows,
we
we
brought
it
down
a
little
bit
next
slide,
so
to
provide
the
affordable
housing
and
to
get
that
bonus.
For
for
the
two
stories
a
project
can
do.
One
of
can
provide
those
housing
can
provide
the
affordability
in
one
of
two
ways.
One
is
that
20
of
the
units
can
be
affordable
to
eighty
percent
area,
median
income
or
less
or
a
much
larger
percentage.
I
Median
income
next
slide,
proposing
that
commercial
development,
certain
conversion,
commercial
development,
incentivizes
housing.
So
what
we're
saying
is
that,
on
the
large
parcels,
partials
over
five
acres
in
size,
that
the
maximum
commercial
building
size
is
limited
to
20
000
square
feet,
but
that
if
a
project
or
developer
wants
to
exceed
that
amount,
they
can.
They
just
need
to
provide
housing.
In
order
to
do
that.
So,
first
let
let's
look
at
who
would
be
affected
next
slide.
Please.
I
This
slide
shows
the
properties
in
this
first
phase
that
would
be
affected.
The
green
parcels
show
the
parcels
that
would
be
held
to
this
higher
standard
for
housing.
So
on
merriman
avenue,
we
have
one
parcel
on
tunnel
road,
north
two
parcels,
south
tunnel
road,
one
and
two
parcels
on
bleachery
boulevard
next
slide.
I
So
how
would
the
housing
incentive
work?
Basically,
on
these
larger
parcels,
you
would
be
capped
at
twenty
thousand
square
feet.
But
if
you
wanted
more,
you
would
have
to
provide
either
market
rate
units
or
affordable
housing
units,
and
if
you
provide
the
market
rate
units
for
each
market
rate
unit,
you
would
you
would
be
given
an
extra
thousand
square
feet
of
commercial
square
footage,
whereas
if
you
provide
an
affordable
unit,
you
get
more
so
it's
easier
to
to
reach
your
goals.
I
We
think
this
is
reasonable
and
in
line
effectively
with
what
we
have
today
on
these
sites,
where
the
the
drive
isles
and
the
the
sidewalks
have
rights
of
way
effectively
they're
not
designated
rights
of
way,
but
they
function
in
as
rights
of
way.
So
this
would
help
to
formalize
the
the
pedestrian
safety
and
and
make
these
sites
more
urban,
and
it
would
set
the
the
the
boundary
of
these
sites
to
make
them
very
clear
next
site
next
slide.
I
So
now,
let's
look
at
the
the
locations
next
slide.
We
are
proposing
to
make
these
changes
on
four
nodes
in
the
city.
The
image
shows
the
stars,
which
are
the
proposed
urban
centers
in
the
future.
Land
use
map
in
the
growth
scenario
and
the
the
ones
that
are
circled
are
the
ones
that
we
are
reviewing
tonight
so
now
I'll
we'll
look
at
them
specifically
next
slide.
I
We
have
40
acres.
This
is
on
the
west
side
of
tunnel
road
near
chun's,
cove
road,
the
one
parcel
carved
out
was
a
conditional
zoning.
So
we
can't
include
that
parcel
and
the
next
slide
and
this
these
sites
are
proposed
to
be
rezoned
from
regional
business,
primarily
to
urban
place,
form
district.
As
you
see
on
the
right
next
slide,.
I
Blitry
boulevard:
this
is
the
largest
node,
with
46
acres
at
bleachery
boulevard,
just
off
swananoa
and
bounded
by
the
swan
nowhere
river
next
slide
and
we
are
proposing
to
move
the
current
zoning
from
river,
primarily
there's
one
parcel:
it's
commercial,
industrial
to
commercial
to
urban
place,
farm
district,
and
then,
finally,
we
have
the
site
at
the
former
sears
site,
which
is
approximately
17
acres
and
next
slide.
That
would
move
from
regional
business.
I
As
you
see
on
the
hatch
on
the
left
slide
to
urban
place
forum
district,
two
more
slides
that
I'm
done
so
again
to
reiterate
the
key
takeaways
that
this
urban
place
forum
district,
it's
a
zoning
tool
and
it
would
help
us
to
implement
this
growth
strategy
of
the
city,
adopted,
comprehensive
plan
and
with
a
population
of
95,
000
people
and
growing.
We
know
that
we
need
to
better
align
development
with
our
investments
in
transit.
This
isn't
a
question
of
whether
we're
growing.
I
We
know
the
investment
is
coming,
but
how
we
will
grow
is
really
the
question
for
tonight.
Will
we
continue
on
a
suburban
pattern
or
move
in
this
direction
that
supports
walkability
transit
and
these
other
goals?
That
we're
trying
to
seek
and
and
housing
is
a
key
part
and
we're
in
a
serious
housing
crisis,
we're
looking
to
support
housing
by
incentivizing
it
on
those
properties
where
it's
most
appropriate.
Those
properties
that
that
can
accommodate
that
added
use.
I
J
J
I
know
noticed
that
innsbruck
is
in
close
proximity
to
east
end
community,
which
is
an
historically
black
neighborhood,
and
while
it
isn't
as
african-american
as
it
used
to
be,
the
reason
is
because
of
urban
renewal
and,
quite
frankly,
gentrification
that
has
already
taken
place.
So
my
question
is:
what
is
the
difference
really
between
the
kmart
site
on
patton
avenue
and
the
innsbruck
mall
location?
J
I
Yeah
great
question:
first
of
all,
I
just
like
to
say
you
know
over
the
overarching
comment,
that
is
that
we
know
investments
coming
right.
We
see
it
and
and
we're
getting
a
lot
of
requests
for
new
developments.
So
again,
I
just
want
to
focus
that
our
overarching
consideration
is.
How
do
we
want
to
see
this?
These
areas
change?
I
I
It's
important
to
note
that
there's
a
mall,
I'm
sorry,
a
mountain
between
the
innsbruck,
mall
and
and
the
east
end
community.
It's
it's
approximately
a
mile
away,
so
the
distance
isn't
that
close.
The
emma
community
and
patton
is
much
closer,
it's
more
like
a
quarter
mile,
and
so
it's
it's
it's
it's
not
it's
not
really
next
door.
It's!
It
really
has
a
big
boundary
and
I
think
we
we
would
be
more
concerned
about
the
impacts
that
would
happen
from
downtown,
because
right
downtown
is
immediately
adjacent
to
that
community.
J
Could
you
not
be
concerned
about
both
it's
as
if
I'd
say,
someone
has
broken
into
my
front
door,
so
no
need
to
lock
my
back
door.
So
are
we
saying
no
need
to
worry
about
increasing
property
values
or
gentrification,
because
it's
already
coming
and
we're
already
too
far
down
the
road?
Is
that
what
you're
saying.
I
No,
I
I
think
you
make
a
great
point
that
we
need.
You
know,
I
think
long
term
and
and
maybe
todd
you
know,
todd's
been
much
more
involved
with
the
legacy
neighborhood,
so
he
can
speak
on
this.
This
isn't
this
it's
important
to
think
about
displacement.
I
think
that's
a
key
consideration
that,
even
in
our
in
our
an
equity
analysis,
we
realize
that
this
is.
This
is
something
we
as
a
city
need
to
consider
more
seriously.
I
E
Thank
you
playing
an
urban
design
director.
You
know
the
the
we're
trying
to
collect
more
and
more
data
in
understanding
the
impacts
of
any
type
of
development
or
zoning,
or
any
other
decision
that
the
city
might
makes
that
might
impact
displacement
within
the
city.
You
know
traditionally
looking
kind
of
historically
at
barriers,
and
we
mentioned
that
the
the
mountain
and
tunnel
barrier
between
the
east
end
neighborhood
and
tunnel
road,
and
we
looked
at
like
highway
building
in
the
60s
and
70s
and
did
some
research
on
that.
E
However,
going
forward
what
madela
mentioned
with
the
work
we've
been
doing
with
the
legacy
neighborhoods
coalition
and
others
in
the
community,
is
that
we
are
trying
to
develop
in
the
future,
develop
these
neighborhood
stabilization
strategies
or
anti-displacement
strategies,
and
we
hope
to
continue
that
progress.
You
know
over
the
next
few
months
and
be
able
to
to
present
those
to
counsel
at
the
appropriate
time.
K
Did
this
is
sage
todd
or
vadilla?
Thank
you
for
the
presentation.
I
know
this
has
been
a
lot
of
years
in
the
making
as
well.
So
I
appreciate
your
work.
I
am
curious
if
the
legacy
neighborhood
coalition
had
shared
any
input
on
this
particular
site,
or
I
know
they
had
concerns
about
the
kmart
plaza
and
that
was
pulled
have
they
did?
They
have
concerns
about
the
innsbruck
mall.
E
The
the
president
of
the
neighborhood
association
indicated
that
they
were
not
going
to
vote
to
to
have
any.
I
guess
formal
input
from
the
community.
You
know
on
the
innsbruck
mall
site
and
to
date
you
know,
we've
been
working
with
representatives
from
that
neighborhood
that
are
part
of
the
legacy
neighborhoods
coalition
and
and
primarily
the
concerns
that
we
had
heard
were
only
for
the
patton
avenue
site.
I
don't
want
to
speak.
You
know
for
every
individual
that
lives
in
that
neighborhood,
but
just
wanted
to
mention
some
of
those
observations.
J
L
Yes,
one
question
I
have
is
I
I
just
wonder:
how
key
is
the
participation
of
private
property
owners
in
ensuring
that
this
urban
village
is
a
success?
And
how
and
I
just
want
to
know
what
type
of
feedback
are
you
getting
from
some
of
the
owners?
Are
they
amenable
to
it
or
you
know
whatever
do
you
think
it'll
be
an
easy
transition
or
what
are
some
things
we
need
to
look
out
for?
L
I
Thank
you
for
that.
We've
we've
been
meeting
with
property
owners
for
really
since
we
began
this
in
2018
and
we've
made
lots
of
changes
since
we
started
both
through
property
owner
input
and
community
group
input,
so
we've
tried
to
be
very
responsive
and,
at
the
same
time,
maintaining
city
goals
at
a
certain
point.
I
So
it's
a
it's
a
challenge.
You
know
we
and
like
you're,
suggesting
you
know
everywhere,
are
trying
to
see
how
we
can
move
our
communities
in
patterns
of
development
that
we
all
have
goals
for
walkability
bike
ability,
transit,
better
development,
but
it
may
it
may
take
a
while
and
it
may.
We
may
have
some
growing
pains
and.
E
I
Well,
that's
a
tricky
question
because
it
would
depend
on
how
big
of
commercial
projects
that
they
are
building
so
again
for
those
sites
that
are
five
acres
or
larger.
The
number
of
housing
units
would
be
set
based
not
only
on
the
size
of
the
total
square
footage
of
the
commercial,
but
also
on
the
amount
of
affordable
units
that
they're
providing
and
so
there's
so
many
variables.
We
can't
say
what
what
I
can.
F
L
K
Mostly
more
of
a
comment,
because
I'm
hearing
these
concerns
and
I'm
and
I'm
empathetic
to
them,
I'm
over
here
thinking
about
land
use
in
general
and
the
history
of
how
we've
gotten
here.
So
I
recall
three
or
four
years
ago
being
on
the
affordable
housing
committee
and
talking
about
these
affordable
strategies-
and
you
know
I
want
to
echo
mr
zappaga's
concerns
that
we
know
that
growth
is
coming.
K
I
don't
know
that
anybody
can
live
in
nashville
in
recent
years
and
not
feel
that
we're
growing
fast
and
that
there's
a
lot
of
pressure
to
build
and
grow,
and
if
we
don't
plan
for
where
that
makes
sense
and
where
those
nodes
are
and
where
we
can
fit
it.
I
think
we're
going
to
end
up
continuing
to
see
it
pop
up
everywhere
kind
of
like
crossroads
or
the
bluffs,
and
you
know
the
demand
is
here
so
in
you
know.
K
In
the
last
few
years
I've
watched
us
collectively
and
through
numerous
community
meetings
and
input
sessions,
kind
of
aimed
towards.
Where
would
that
growth
go
and
every
time
one
of
those
projects
came
to
us
for
review,
we'd
say
well.
This
is
why
we're
working
on
the
urban
centers,
because
we
know
we
have
big
growth
coming
and
we
need
mixed
use
and
we
need
multi-family.
K
Where
should
it
go
and
that's
where
we
picked
these
nodes?
So
I
really
appreciate
that
we
did
the
equity
toolkit
that
we
recognize
that
there
are
some
impacts
to
perhaps
the
patton
avenue
location
that
have
been
removed,
I'm
sensitive
to
what
councilwoman
mosley
is
saying
about
the
east
end
and
impacts
there,
and
I
also
think
you
know
we
have
to
make
a
move
on
this
if
it's
time
so
there
you
know
we
can
always
adjust
things
we
can
always
amend.
K
K
You
know
right
now
in
asheville,
if
you
want
to
build
more
than
50
apartments
at
a
time
you
have
to
come
to
council,
and
this
raises
the
threshold
in
the
urban
place,
zoning
to
80..
So
we're
encouraging
that
without
that
extra
review
process
of
counseling-
and
you
know,
I
think,
there's
some
opportunity
and
variety
and
how
some
of
the
internal
streets
can
work.
So
you
know
maybe
there's
still
plenty
here
that
can
be
grabbed
and
that
without
the
exactness
be
done
in
conditional
zoning.
K
So
in
some
ways
it's
like
everything
else,
we've
been
doing
recently,
we
could
put
it
in
place
and
revisit
it
in
six
months.
I
think
a
lot
of
effort
and
planning
and
coordination
with
community
has
gone
into
this
this
far,
so
you
know
I
just
I
wanted
to
share
my
support
for
it,
and
I
also
understand
some
of
these
other
concerns
from
my
councilwoman
fellow
councilwoman.
Thank
you
and
thank
you
to
staff
for
all
the
work
and
so
many
community
volunteers.
I
feel,
like
we've
been
talking
about
this
one
for
a
very
long
time.
D
H
Absolutely
all
right,
if
there
are
no
more
comments,
we
will
open
up
the
public
hearing
on
the
proposed
changes
to
the
udo
that
would
establish
the
new
urban
place
forum.
District
staff
will
connect,
live
calls
from
our
speaker,
queue
callers.
You
will
first
hear
staff
inform
council
that
you
are
next
to
speak.
Then
you
will
hear
an
automated
message,
letting
you
know
that
you
are
unmuted
and
live
in
the
meeting.
H
You
may
begin
speaking
after
the
automated
message,
if
you
accidentally
drop
out
the
speaker,
cue,
just
re-dial
the
number
and
the
meeting
code
press,
star,
3
and
rejoin
the
speaker
queue.
You
have
three
minutes
to
comment
and
at
the
end
of
the
three
minutes,
you'll
he'll,
you
would
hear
a
bell
and
staff
will
let
you
know
that
you
need
to
wrap
up
your
comment
staff,
any
callers.
H
N
N
N
Private
property
rights
at
stake
are
neighborhood
shopping
centers
that,
for
the
most
part,
have
served
our
community
well,
a
vote
in
favor
of
creating
and
applying
this
new
untried
voting
district
will
be
unlawful
and
it
will
be
counterproductive
as
a
as
a
city,
we
want
to
encourage
redevelopment
of
these
centers.
We
want
to
see
new,
more
energy
efficient
buildings.
We
want
more
walkability,
more
accessibility,
more
sidewalks,
more
transit
stops.
We
want
more
green
space
and
more
trees
and,
yes,
we
want
more
housing
in
the
city
of
asheville.
N
The
city
staff
has
failed
to
take
into
account
the
character
of
these
properties,
we're
not
talking
about
raw
undeveloped
land.
These
are
existing
established
commercial
shopping
centers.
They
have
existing
infrastructure,
including
water,
sewer
and
storm
water.
That
would
restrict
the
ability
to
locate
buildings
wherever
you
want,
and
none
of
these
sites
are
level
all
of
them
have
cuts
and
fills,
and
many
have
retaining
walls
and
other
constraints
that
make
new
construction
very
challenging,
as
I
mentioned
before.
N
The
lawful
nature
or
unlawful
nature
of
this.
It's
an
unfunded
mandate
to
build
residential
housing
on
property,
currently
zoned
and
being
used
as
commercial
shopping.
Centers
cities
in
our
state
can
only
exercise
those
powers
which
are
granted
by
the
legislature.
The
city
has
no
legislative
authority
for
this
mandate.
N
N
O
The
goal
of
the
urban
place
forum
district
is
a
good
vision
for
the
city
10
to
15
years
in
the
future.
The
challenge
is
now
to
get
from
the
current
reality
of
existing
development
patterns
to
the
vision
that
their
replacement
implements.
The
draft
ordinance
does
not
address
this
challenge.
It
attempts
to
move
the
development
pattern
from
the
current
suburban
standard
to
a
highly
urban
standard
and
one
giant
step,
irrespective
of
market
forces
like
constraints
and
impacts
on
surrounding
uses.
The
challenges
include
mandate
for
mixed
abuse.
Goosenecks
is
a
challenge
in
the
development
development
of
redevelopment.
O
Okay,
okay,
thank
you.
Our
degree.
Development
property
is
influenced
by
site,
location,
site,
size
and
characteristics
of
the
surrounding
market
area,
and
the
ordinance
mandate
for
the
mixer
uses
will
limit
the
development
redevelopment
potential
property
and
serve
disciple
development,
rather
than
promote
it.
Impact
of
the
loss
of
existing
commercial
nodes
on
the
surrounding
suburban
neighborhoods
residents
of
the
surrounding
neighborhoods
access,
existing
commercial
notes
by
walking
biking
or
a
short
drop,
converting
an
established
commercial
notes
to
primarily
residential
urban
developments,
will
impact
convenient
access
to
services
and
retail
enjoyed
by
residents
of
the
surrounding
area.
O
Sidewalks
worth
of
primary
streets.
A
wide
sidewalks
can
enhance
pedestrian
activity.
Providing
18-foot
wide
sidewalks
will
be
challenging
on
relatively
small
properties.
Additional
thought
must
be
given
to
the
imposition
of
these
standards
to
smaller
properties.
The
estronec
connections
to
surrounding
areas.
An
admirable
aspiration
of
the
proposed,
replace
form
district
is
to
create
pedestrian-friendly
nodes.
Thought
must
be
given
to
pedestrian
connections
to
surrounding
areas
connected
street
systems,
while
enhancing
traffic
flowing
creating
an
urban
field.
Within
these
developments,
this
standard
will
consume
a
significant
portion
of
land
area
on
the
small
parcels
identified
for
rezoning.
O
The
requirement
that
streets
is
designed
as
a
grid
system
does
not
consider
the
built-in
natural
features
of
the
property
identified
for
urban
place
destination
development
of
their
urban
grid
system
on
these
properties,
particularly
the
smaller
ones,
will
be
challenging
reduced
parking
requirements.
These
are
visionary
reflect
a
transit,
oriented,
pedestrian
friendly
environment.
Unfortunately,
the
properties
identified
for
the
urban
places
designation
are
not
in
transit,
oriented
investment
friendly
areas.
The
vision
for
their
place,
farm
district
must
acknowledge
the
need
for
parking
in
the
foreseeable
future.
O
Impact
on
existing
uses,
targeted
properties
have
been
developed
over
a
number
of
years
in
compliance
with
the
development
standards
in
place.
At
the
time
of
constructing
the
proposed
every
place.
Standards
for
cr
will
make
the
existing
development
non-conforming
erasing
the
years
of
adherence
to
zoning
and
development
standards.
A
more
gradual
process
of
transitioning
to
the
new
development
pattern
must
be
identified.
The
proposed
urban
place
form
district
pedal
size,
a
bold
vision
by
planners
for
the
future
development
of
the
identified
properties.
One
of
the
challenges
of
being
a
planner
is
that
others
must
be
relied
upon.
O
R
Hi,
my
name
is
john
palmer.
I
live
at
221,
south
plains,
drive
28803,
I'm
a
licensed
north
carolina
state,
certified
general
appraiser,
and
I
hold
both
the
mai
and
ccim
designations,
I'm
also
licensed
in
south
carolina
and
virginia
I've
been
a
licensed
realtor
for
43
years
and
a
licensed
appraiser
for
18,
and
I've
done
over
1500
appraisals
of
various
residential
commercial
properties.
R
My
expertise
is
complex
valuation
assignments,
typically
having
to
do
with
impact
studies
or
project
usability
analysis.
I've
worked
on
projects
such
as
mana
hill,
outdoor
center,
the
rad
tip
greenway
and
the
acoustic
rails
trails
project.
I
have
a
appraised,
a
multitude
of
retail
and
mixed-use
properties
across
these
three
states
area
both
existing
and
proposed.
I'm
also
an
expert
witness
in
various
real
estate
valuation
matters,
including
eminent
domain
and
proposed
project
impact
studies.
R
The
urban
place
forum
district
proposes
to
place
very
limiting
restrictions
on
development
opportunities
on
properties
within
the
district,
on
any
new
developments
or
redevelopments.
As
if
adopted
as
present
form,
I
believe
it
will
have
a
negative
effect
on
both
potential
development
and
redevelopment,
as
well
as
negatively
impacting
the
appeal
of
potential
property
investors.
R
It
is
my
belief
that
the
proposed
urban
place
foreign
district
is
adopted
in
its
present
form
developers
and
property.
Investors
will
gravitate
to
neighboring
or
competing
communities
or
a
less
rigid
regulatory
environment
allows
in
a
more
quickly
developed
projects
to
meet
market
demand,
with
less
risk
and
lower
overall
costs.
R
S
I'm
vicki
mead
from
west
asheville.
I
want
to
start
off
by
saying
that
I
applaud
efforts
to
use
zoning
regulations
to
encourage
high-density
housing
and
mixed-use
development
with
affordable
units
on
transit
corridors.
We
have
an
affordable
housing
crisis
in
this
community.
Low
vacancy
rates
are
one
indication
of
that.
In
yesterday's
asheville
citizen
time,
article
patrick
bowen
was
quoted
as
saying
quote,
based
on
our
survey
of
apartments
in
the
first
half
of
2021,
it
appears
market
rate
rental
housing
vacancy
rates
in
the
asheville
area
have
dropped
below
2
percent,
particularly
the
more
modest
price
product.
S
The
problem
is
worse
among
more
affordable
rentals,
such
as
tax
credit
and
government
subsidized
housing,
where
vacancy
rates
are
generally
below
0.5
and
most
properties
have
wait
lists.
End
quote:
asheville
is
the
most
expensive
place
to
rent
in
the
state,
yet
our
wages
are
not
keeping
pace
with
other
metro
areas.
S
The
bottom
line
is
that
we
need
more
affordable
housing
and
there
are
limited
places
in
the
city
of
asheville
where
we
can
build
it.
We
need
you
to
continue
to
fight
for
affordable
housing
using
every
tool
available.
We
need
to
continue
to
fight
so
that
people
who
have
housing
vouchers
have
some
place
to
use
them,
and
we
have
to
continue
to
fight
to
find
affordable
housing
in
terms
that
are
relevant
to
the
workforce
in
this
community.
S
I
want
to
name
that,
while
we
need
housing
units
at
80
ami
a
full-time
40-hour
a
week,
worker
would
need
to
make
over
20
dollars
an
hour
to
be
able
to
afford
those
units
and
at
60
ami
a
worker
would
need
to
make
over
15
an
hour.
We
need
housing
at
these
levels
and
lower
voucher
acceptance
helps
us
get
there,
and
I
encourage
you
to
continue
to
work
diligently
to
help
us
get
to
where
we
need
to
be
when
it
comes
to
affordable
housing.
Thank
you
very
much.
Q
T
T
A
hundred
years
ago,
approximately
the
city
of
asheville
adopted
zoning
in
the
100
years,
since
the
city
adopted
zoning
to
my
knowledge
and
I've
researched.
It
there's
been
no
instance
where
the
city
has
used
zoning
to
mandate
the
ratio
of
uses
on
private
property,
meaning
to
tell
a
property
owner
that
your
menu
of
choices
are
narrowed
down
to
one.
T
In
this
case,
these
are
traditionally
commercial
areas.
They
have
been
developed
as
commercial,
at
least
going
back
to
the
50s,
to
say
now
for
any
redevelopment
to
upgrade
buildings
to
make
sure
they
are
not
obsolescent
to
make
sure
that,
at
the
end
of
the
day,
you
can
modernize
your
location.
Your
choices
at
these
locations,
including
merriman,
are
limited
to
a
mixed
commercial
and
residential
housing
product.
T
O
T
T
T
What
you're,
telling
the
property
owners
today
is
that
what
we
thought
was
smart
growth
for
over
50
years
is
apparently
not
smart
enough
and
so
moving
forward.
You
have
to
accommodate
this
new
vision
and
the
question
that
mrs
kilgore
asked,
which
was
the
appropriate
question,
is:
is
there
landowner
support?
The
answer?
Is
no.
V
Good
evening,
thank
you
for
the
opportunity
to
speak.
I
am
clyde
holt
of
the
raleigh
office
of
fox
watts,
child
my
partner
tom
carroll,
and
I
speak
for
american
finance
trust
owner
of
property
within
the
riverbend
area
proposed
for
the
urban
creek
center
classification
tom,
and
I
salute
the
announced
goals
of
the
urban
place,
form
zoning
district.
That
question
the
proposed
methods
for
achieving
the
same.
V
It
appears
that
your
planners
believe
that
all
they
have
to
do
is
to
announce
a
desired
change
in
development
patterns
and
that
it
will
happen.
This
is
without
regard
to
the
realities
of
the
market.
The
realities
of
lender
demands
title
insurance,
company
requirements
for
physical
conditions
on
the
ground.
V
It
seems
city
planners
attempt
to
address
such
impracticality
and
possibility
of
compliance
issues
somewhat
by
their
new
language
in
sections.
717
1
c4,
distinguishing
lawful,
non-conformities
from
mere
non-conformities
for
non-construction
purposes,
but
what
does
this
mean
if
the
bank
possessing
a
lien
on
property
or
who
has
acquired
the
property
following
a
foreclosure
files
for
redevelopment
or
renovation,
or
upgrade
his
compliance
with
the
new
guidelines
not
required?
V
I
doubt
this
is
what
city
planners
intend,
but
that
is
what
the
new
language
seems
to
say:
lifestyle
mixed-use
commercial
centers
are
certainly
by
many
considered
to
be
aesthetically
pleasing
and
often
are
financially
successful
to
the
property
owner,
but
such
are
not
practical
on
every
piece
of
commercial
property
at
every
location.
In
asheville,
successful
lifestyle
centers
result
from
cooperation
between
property
owners
and
city
planners,
usually
in
the
form
of
property
owned
the
property
owner,
taking
advantage
of
code
incentives
offered
by
the
regulators
rather
than
by
imposed
zoning
restrictions
and
mandates.
V
The
city
staff
analysis
for
the
urban
place
form
district
asserts
that
the
text
change
and
accompanying
rezoning
incentive,
incentivize
the
integration
of
market
rate
and
affordable
housing
on
large
commercial
parcels.
But
where
are
the
incentives
following
this
text?
Change
and
rezoning
to
properties,
development
redevelopment
on
commercial
sites
exceeding
20
000
square
feet
are
prohibited
unless
housing
is
created,
but
I
repeat:
where
are
the
incentives?
V
The
city
would
allow
you
to
improve
and
expand
your
property.
If
you
do
what
the
planners
want
create
housing,
but
otherwise
no
expansion
or
improvement
is
allowed.
This
is
not
incentive-based
zoning.
This
is
a
down
zoning,
the
taking
away
of
current
vested
rights
and
offering
to
return
them
only
if
the
property
owner
complies
with
the
new
burdensome
regulations.
O
P
Hi,
thank
you.
My
name
is
karen
ramshaw.
I
live
in
buncombe
county
between
the
new
prison
and
the
new
landfill,
and
before
I
start
my
remarks
I
have
to
say
it
is
difficult
for
me
to
process
the
hypocrisy
of
hearing
how
we
need
to
add
this
type
of
dense,
walkable
transit-friendly
development
after
staff
did
not
support
the
101
charlotte
street
project
and
not
a
single
member
of
council
called
staff
to
account
to
ask
them
to
defend
that
decision.
But,
let's
move
on,
I
agree.
P
We
need
to
encourage
a
new
development
pattern
on
our
primary
quarters.
We
need
more
mixed
use
and
urban
density,
but
I
don't
believe
asheville
is
well
served
by
the
way
our
staff
approaches
development.
The
level
of
minutia
contained
in
this
plan
is
astounding.
They
say
the
devil
is
in
the
details.
Well,
this
proposed
code
is
sprinklered
with
very
specific.
Sometimes,
oddly
specific
requirements,
there
are
44
pages
and
12
of
them
are
about
signage.
Is
this
necessary
appropriate
line?
P
2.1,
a
a
lobby
with
a
minimum
width
of
20
feet
must
be
provided
along
the
street-facing
building
facade
at
the
level
of
the
adjoining
sidewalk,
with
a
depth
of
at
least
10
feet.
Why
is
there
some
golden
mean
classical
lobby
proportion?
We
should
all
aspire
to,
not
to
mention
nothing
kills
life
on
the
street
like
a
long,
boring
expansive
lobby
and
the
reason
these
details
are
problematic
is
that
each
one
becomes
a
hill
for
some
city.
P
Staffer
community
member
to
die
on
developers
now
have
to
have
lawyers
on
the
team
to
help
navigate
the
process
with
the
city.
Are
we
getting
anything
better
because
of
this
and
I've
heard
people
mention
the
variance?
This
is
not
a
reasonable,
straightforward
process.
It's
two
years
of
your
life,
you'll
never
get
back
and
what
about
money?
Some
years
ago
staff
ran
performance
assuming
a
private
developer,
used
luigi
funds
and
theory
rebates
in
return
for
providing
affordability.
P
The
city's
calculations
show
that
the
developer
of
a
224
unit
project
with
20
percent
affordability
at
80
percent
of
ami
would
lose
1.6
million
dollars
in
revenue
over
20
years
and
at
60
percent
ami.
The
developer
would
lose
over
5
million.
This
is
city
generated
data
and
then
this
proposed
code
adds
a
myriad
of
other
restrictions
and
acquiring
requirements.
P
The
city
may
not
have
to
perform
in
financial
reality,
but
the
rest
of
us
do.
There
are
a
number
of
reasons.
We
can't
get
more
affordability
here
in
asheville,
nimbyism,
powerful,
single-family,
residential
interest,
cost
of
building
and
topography,
but
the
city
process
and
ordinances
like
these
are
not
an
insignificant
factor.
So
what
are
the
trade-offs
if
the
developer
is
losing
millions
in
one
area
of
the
project?
Money
needs
to
be
made
up
in
others,
so
you
may
get
the
thousand
square
foot
retail
space
more
suitable
for
a
local
business,
but
rent
is
beyond
reach.
P
W
W
W
Although
cannes
did
not
achieve
all
that
it
sought
and
the
text
amendment
changes.
We
strongly
feel
that
the
current
ordinance
language
before
you
will
still
allow
long
established
residential
neighborhoods
and
future
urban
centers
to
exist
in
harmony
and
to
bring
a
better
balance
to
the
living
asheville
comprehensive
plan.
Thank
you
very
much
and
thank
you
for
your
public
service.
X
Yeah:
okay,
good,
my
name
is
martin
friday,
I'm
the
president
of
magnolia
property
group,
we're
a
commercial
real
estate
development
firm
from
greenville
south
carolina.
We've
done
quite
a
bit
of
work
in
asheville
over
the
years,
including
various
projects
on
airport
road,
one
being
a
large
box
as
y'all
would
call
it
the
hobby
lobby,
which
I
guess
that
was
actually
in
the
county,
but
we
did
annex
the
front
from
the
property
into
the
city.
X
X
It
also
seems
to
to
pick
winners
and
losers,
and
by
that
I
mean
this
ordinance
is
picking
specific
properties
and
holding
them
to
this
standard.
While
an
adjacent
property
may
not
be
held
to
the
same
standards
which
to
me
that
is,
that's
the
city,
picking
winners
and
losers
and
spot
zoning
taking
away
someone's
property
rights
where
your
next
door
neighbor
could
then
do
whatever
he
wants
under.
X
Under
the
original
zoning
ordinance,
it's
market
manipulation,
I
think
anytime,
a
municipality
tries
to
or
even
a
private
developer
for
that
matter
tries
to
create
a
certain
type
of
development.
That
is
that
the
market
is
not
ready
for
or
that
the
market
will
not
handle
it
doesn't
work.
The
proposed
ordinance
does
not
incentivize
developers
to
build
multi-family
it
disincentivizes
developers
to
develop
redevelop
commercial
property.
X
X
X
Y
Thank
you
good
evening,
council,
on
behalf
of
asheville
on
bikes,
whose
mission
is
to
cultivate
the
culture
of
urban
and
community
riding
through
advocacy,
education
and
celebration,
because
we
believe
that
cycling
has
a
direct
impact
on
the
health
of
our
community.
I
encourage
you
to
vote
to
approve
the
urban
place
forum
district.
Y
The
type
of
development
which
will
result
from
the
urban
place
form
district
will
intensify
the
proximity
to
goods
and
services.
People
need
the
distance
to
the
market.
The
doctor's
office,
the
school
employment,
can
all
exist
within
a
mile.
Maybe
two
mile
circle:
proximity
when
coupled
with
sidewalks
transit,
bicycle
facility
facilities
that
reduces
people's
dependence
on
automobiles
and
this
type
of
development
has
a
direct
impact
on
our
most
vulnerable
road
users.
Y
Aob
advocates
for
bicycle
facilities,
not
simply
for
bikeability's
sake,
but
rather
as
an
investment
in
the
health
of
our
community.
We
understand
the
urban
place
form
district
to
be
the
next
investment
in
the
vitality
of
our
city
and
its
people.
In
a
nutshell,
we've
got
the
comprehensive
plan.
That's
the
vision.
If
you
support
the
vision,
the
next
responsible
step
is
to
adopt
the
policy
that
actualizes
it.
Thank
you
for
your
time.
Your
commitment
to
the
city,
good
luck,.
Z
Good
evening
council,
my
name
is
john
spake,
I'm
a
native
of
asheville
and
have
practiced
commercial
real
estate
for
30
years
in
our
in
our
hometown.
Here
I
wanted
to
give
you
a
little
history
lesson.
This
whole
process.
I've
been
involved
with
for
35
months
now,
and
it's
kind
of
deja
vu
back
in
2000,
I
represented
a
client
of
florida
gulf
side
development
and
we
purchased
the
gerber
baby
food
plant
in
south
asheville
after
gerber
decided
to
leave
asheville
through
the
water
costs
and
before
we
bought
the
property,
we
run
the
contract.
Z
We
went
to
city
council
and
they
understood
that
half
the
building
had
low
ceilings
and
was
not
useful
for
current
manufacturing
or
storage,
and
they
voted
7-0
to
allow
us
to
re-own
that
property,
half
highway
business
and
half
industrial.
We
kept
half
the
building
and
tore
down
another
half
and
had
a
24-acre
site,
a
big
box.
Retailer
came
and
wanted
to
go
on
the
site.
We
went
back
to
the
same
city
council
and
they
turned
down
the
big
box.
Z
Z
We
expressed
concerns
throughout
the
process
of
flaws
in
the
code
and
how
it
didn't
meet
the
real
world
requirements
that
we
see
every
day
in
commercial
development,
but
they
didn't
listen
to
us
and
they
approved
it.
Parking
was
a
major
issue
because
it
required
public
streets
through
the
property
and
a
roundabout,
and
that
property
ended
up
failing
for
lack
of
parking.
Tenants
would
not
go
there
because
the
parking
ratios
were
too
low.
My
clients
lost
that
property
back
to
the
bank
and
lost
millions
of
dollars
of
equity.
Z
Another
client
of
mine,
who
became
a
client
of
mine,
bought
that
property
from
the
bank
came
back
to
city
council,
explained
the
situation.
City
council
reverted
it
back
to
highway
business.
She
removed
the
on-street
parking
parallel
parking
and
removed
the
roundabout,
because
highway
business
allowed
her
to
do
that,
picked
up
about
40
extra
parking
spaces
and
guess
what
the
thing's
working
fine
it's
about.
90
occupied.
Z
It
is
still
the
last
time
I
sold.
It
was
still
four
million
dollars
less
than
the
cost
originally
on
it.
So
my
problem
is:
is
this
is
an
unproven
tool?
Just
like
urban
villages
were
and
if
the
tool
is
so
good
put
in
the
toolbox
and
let
developers
choose
from
it
but
don't
force
it
on
more
property
owners,
as
they
did
my
clients
at
gerber
to
make
them
to
guinea
pigs.
AA
AA
AA
I
I
issued
a
report
and
I
believe
you
all
have
that,
but
my
report
and
findings
conclude
that
there
are
existing
site
constraints
along
merivan
avenue
corridor
and
particularly
to
the
proposed
urban
place
site
in
north
asheville.
That
makes
this
impractical
and
practicable
and
unreasonable
to
develop
in
accordance
with
proposed
urban
place
zone
vendors.
AA
My
report
is
analysis
of
the
in
my
report.
There's
analysis
of
the
developability
and
preliminary
costs
to
develop
to
save
more
in
steinmark
tracks.
Although
my
folks
was
a
sample
sampling
taking
from
these
sites,
my
overall
conclusions
would
be
applicable
to
other
sites
within
the
marivin
avenue
corridor,
due
the
presence
of
the
existing
buildings
regulatory
constraints
imposed
by
the
urban
place
criteria
effectively.
AA
I'd
like
to
conclude
this
with
based
upon
my
experience
as
a
civil
engineer
in
this
marketplace,
it's
my
opinion
that
the
redevelopment
of
the
marine
avenue
corridor
utilizing
the
upward.
Excuse
me,
the
urban
place
proposed
design
criteria
would
be
impractical,
practical
and
most
likely
not
to
achieve
a
reasonable
investment
on
return,
particularly
because
the
cost
analysis,
including
raising
the
existing
retail
and
business
offices,
to
provide
a
clean,
safe
slate
for
the
site,
where
the
analysis
provided
a
cost
estimate
in
excess
of
27
million
dollars
to
redevelop
those
tracks.
H
G
H
And
myself
vice
mayor,
I
that
motion
carries
now.
We
have
public
hearing
a2.
This
public
hearing
is
to
rezone
approximately
122
acres
of
property
to
urban
place,
form
district
and
associated
changes
to
the
future
land
use
map.
The
presentation
already
reviewed
the
presentations
that
already
been
reviewed
about
those
rezoning
sites.
H
N
There's
a
lot
of
good
in
there
there's
a
lot.
That
is
not
good
in
my
opinion,
but
I
would
encourage
you
to
do
that,
and
I
would
encourage
you
not
to
apply
this
code
to
any
of
the
three
nodes
that
are
proposed
this
evening.
First,
I
want
to
talk
about
the
merriman
avenue.
Node
jeffrey
brown
did
an
excellent
job
explaining
from
a
civil
engineering
perspective.
Why
that
won't
work?
All
you
have
to
do
is
imagine
the
sinkhole
that
develops
every
couple
of
years
in
the
storm
drain
that
runs
in
front
of
the
fresh
market.
N
To
know
that
you
have
some
real
challenges
on
that
particular
property.
You
also
have
challenges
across
the
street
at
the
merriman
avenue
ingles,
it's
a
6.1
acre
site,
but
if
we,
if
you
impose
this
code
and
ingles,
wanted
to
replace
that
older
building
with
a
new
building
which
would
be
great
under
this
code,
they
would
have
to
build
it
on
the
street,
which
is
not
possible
because
on
the
street
is
fill
with
a
retaining
wall.
N
So
the
alternative
would
be
to
build
it
where
it
is,
and
then
they
would
have
to
build
a
new
public
street
in
front
of
that
building.
Taking
a
what
is
now
a
23
foot,
wide
drive
aisle
and
expand
it
to
between
38
and
56
feet.
It
would
be
a
road
to
nowhere.
That
would
make
absolutely
no
sense.
They
would
also
have
to
build
50
plus
residential
units.
Where
would
you
fit
those
on
the
property?
N
N
Let's
talk
about
the
tunnel
road
ingles
which,
by
the
way
ingles
plans
to
lease
to
another
tenant
if
they
are
allowed
to
develop
the
innsbruck
site,
the
tunnel
road
ingles
is
located
on
a
7.4
acre
parcel,
two
acres
of
which
is
a
very
steep
slope
that
is
impossible
to
build
on.
If
you
look
at
the
footprint,
that's
included
in
the
materials
that
I've
provided,
you
will
see
that
the
where
the
ingles
is
located
with
the
parking
and
then
the
gas
station
there's
no
room,
there's,
certainly
no
room
to
move
the
angles
onto
tunnel
road.
N
T
Q
T
T
I
think
it's
highly
inappropriate
to
lump
all
these
properties
together,
as
if
one
size
fits
all
when
you
look
at
merriman
avenue
and
and
I've
provided
a
lot
of
detail
in
the
letter,
along
with
the
affidavits
from
the
three
experts,
maryman
avenue
is
made
up
of
13
parcels
with
nine
different
property
owners.
The
largest
parcel
is
six
acres.
T
Y
T
There
is
nothing
that
indicates
from
the
city
staff
that
urban
place
will
work
for
merriman
avenues
and
success
stories
that
the
staff
would
like
to
point
to
are
for
areas
that
have
a
lot
more
acreage,
a
lot
more
raw
land
to
start
with
and
a
commonality
of
developer.
That's
not
what
we
have
for
merriman
avenue.
T
T
T
T
Look
at
merriman
avenue
and
ask
yourself:
can
the
urban
place
standards
actually
work
there?
If
a
developer
really
wanted
to
do
it,
even
though
you
are
limiting
the
number
of
developers
that
will
come
in
for
those
locations
because
of
the
requirements
of
mixed
use
in
the
building
of
streets
etc,
again,
I
would
ask
that
you
look
at
merriman
and
look
at
it
with
the
characteristics
that
are
there,
when
the
only
evidence
in
the
record
is
that
the
urban
place
standards
will
not
work.
O
Q
R
Hello
again,
I
would
also
like
to
reiterate
what
mr
justice
and
mr
stevens
said-
an
evaluation
scenario
that
we're
talking
about
here.
Each
one
of
those
properties
has
different
attributes
than
an
appraiser
looks
at
part
of
it
has
to
do
with
what's
allowed
and
what's
possible,
and
but
it
also
relates
to
the
financial
feasibility
of
what
you
have
each
one
of
them
is
zoned
a
little
bit
differently
and
therefore
they
have
different
attributes.
R
My
concern
in
all
this
is
that
I
don't
think
that
it's
been
that
part
of
this
equation
has
been
well
thought
out
and
that's
kind
of
where,
where
my
evaluation
expertise
comes
in,
there's
different
uses
for
that
property.
But
if
you
start
putting
these
kind
of
restrictions
on
them,
such
as
heights,
you
get
into
an
equation
for
the
feasibility
of
the
project.
V
V
Unlike
some
affected
owners.
American
finance
is
a
real
estate,
investment,
trust
or
reit,
which
means
it
is
a
publicly
owned
entity
that
must
meet
the
strict
requirements
of
the
internal
revenue
code
in
the
ever
complicated
requirements
of
the
securities
exchange
commission
in
full
compliance
of
these
complex
regulatory
structures.
American
finance
placed
these
properties
into
a
pure
play
commercial
portfolio
and
then
presented
these
properties
through
a
prospectus
approved
by
the
fcc
for
investment
and
relies
upon
these
representations.
V
V
V
We
don't
see
a
reasonable
relationship
here
and
where,
in
the
state
enabling
legislation
is
this
type
of
exaction
authorized
so
far,
we
have
not
been
able
to
find
it
in
summarizing.
In
summary,
encouraging
the
creation
development
of
lifestyle
centers
is
a
positive
step,
but
they
are
not
feasible
everywhere,
and
the
legitimate
approach
for
government
regulators
is
to
offer
incentives,
not
mandates
to
property
owners.
Please
do
not
proceed
with
this
text
change
and
or
the
rezoning
subsequent
rezoning
of
our
property
pursuant
to
the
text
change
and
the
accompanying
regulatory
exactions
proposed.
X
Thank
you.
I
think
I
would
just
read
well.
First
of
all,
I
don't
have
a
dog
in
the
in
the
fight
with
the
property,
that's
being
rezoned.
I
think
my
concern
is,
I
guess,
the
next
phase
of
this.
In
addition
to,
in
addition,
just
to
the
ordinance
itself,
I
think
the
smaller
properties
that
this
may
affect
in
the
future,
it's
going
to
be
extremely
burdensome
to
those
properties
and
the
ability
to
develop,
develop.
X
Those
properties,
if
you
have
a
smaller
parcel,
also
think
that
the
ordinance
should
take
into
consideration
that
many
of
these
properties
are
redevelopment
properties
that
have
existing
easements
covenants
restrictions
that
are
in
place
that
prohibit
certain
uses
that
require
certain
parking
ratios
that
dictate
location
of
buildings
and
other
all
types
of
other
things
that
are.
You
know
these
are
title
documents
and
can't
be
changed.
X
So
I
think
that
john
spake
had
a
really
good
comment
regarding,
I
think,
use
it
as
a
tool
and
toolbox
and
maybe
work
through
work
through
work
through
the
ordinance
and
figure
out
what
the
kinks
are,
but
not
have
it
be
such
a
requirement
because
it
is
going
to
drastically
negatively
impact
commercial
redevelopment
and
some
new
development.
Thank
you.
Z
Hi,
this
is
john
spake
again.
Thank
you
for
letting
me
speak
again.
You
know
tonight
we
weren't
able
to
make
presentations
like
we
normally
would.
If
we
were
in
person
in
front
of
you
and
that
restriction
that
was
applied
was,
I
know
it's
coco
related,
but
it
greatly
impacts
our
ability
to
present
our
position
by
you
not
being
able
to
see
visuals
of
what
we're
explaining.
I
did
some
affidavit
later
earlier
today
was
submitted
to
you.
Z
Also
tonight
your
staff
said-
and
I
quote,
that
the
city
is
getting
a
lot
of
requests
for
new
development
and
when
I
was
at
the
original
planning
is
only
caring
for
this.
In
july
there
were
three
multi-family
complexes
in
front
of
us
before
the
urban
center's
agenda
item
and
all
I
knew
two
of
the
people
doing
them
their
staff,
and
you
know
if
you
really
want
residential
development
in
nashville
or
you
want
any
kind
of
development
make
it
easier.
You
know
give
incentives,
don't
make
the
process
hard.
Z
There
are
plenty
people
who
want
to
build
apartments
in
this
town
and
it
just
it's
impossible
to
get
things
done,
and
I,
instead
of
forcing
property
owners
to
have
this,
you
know
unproven
new
code.
Why
don't
you
just
like
I
said,
put
in
the
toolbox
as
you
just
approved
it,
but
don't
force
it
on
anybody?
Let
someone
choose
to
use
it.
Thank
you
for
your
time.
Good
night.
H
H
A
L
L
I
just
think
that
there
needs
to
be
more
work
on
it
to
make
it
work
for
what
we're
trying
to
accomplish,
because
if
you
look
at
what
we're
really
trying
to
it's
a
very
ambitious
thing
to
take
on,
it
really
is
because,
like
I
said,
there's
not
a
whole
lot
of
proven
track
records.
Where
it's
really
been
a
success,
I
will
say
that
I've
lived
in
areas
where
they
have
them,
and
I've
seen
some
of
that
actually
turned
into
ghost
house,
because
people
actually
frequent
certain
notes.
L
You
know
that
were
set
up
that
way.
So,
like
I
said
it's
something
that
we
really
need
to
think
about,
and
maybe
even
try.
You
know
certain
areas
to
see
how
effective
it
is
before
we
mandate
it
on.
You
know
all
these
commercial,
I
mean
private
investors
and
the
reason
I
say
this
is
because
the
thing
is
when
we
first
started
with
the
urban
village
or
whatever,
and
all
these
things
we're
trying
to
do
get
housing
for
people.
L
I
truly
believe
that
so
do
we
wanna
spend
a
lot
of
time,
fighting
something
and
then
hoping
that
we
get
enough
portable
housing
or
maybe
we
need
to
start
looking
at
a
way
to
compromise
where
we
can
concentrate
on
what's
really
important
right
now,
it's
affordable
housing.
We
need
affordable
housing
now
the
next
year.
We
don't
need
affordable,
housing
five
six
years
from
now,
because
with
the
issue
that
that's
before
us,
what
you're
gonna
do
is
like
I
said:
private
investors
are
just
gonna
sit
on
the
properties.
L
They're
not
gonna,
do
anything
just
because
we
mandated
and
they
don't,
they
don't
have
to
do
anything.
So
what
do
we
accomplish?
That's
not
affordable
housing.
I
think
what
we
really
need
to
do
is
concentrate
on
affordable
housing
and
concentrate
on
maybe
looking
for
areas
that
are
close
to
grocery
stores,
of
course,
to
amenities
that
we
actually
can
use
now
for
affordable
housing,
and
we
don't
have
to
worry
about
10
or
20
percent
that
they
can
give
to
us.
L
Maybe
we
need
to
concentrate
on
developing
places
with
affordable
housing
or
affordable
home
ownership
that
we
can
start
actually
making
an
impact.
You
know
what
the
community
needs,
because
finding
something
that
does
not
really
show
anything.
You
know,
like,
I
said,
no
return
for
a
while
coming
back.
If
it
does
come
back
and
using
money
to
fight
something
that
we,
let's
see,
that
we
will,
we
will
have
to
fight
without
a
doubt
because
of
the
property
rights
situation.
L
K
There
you
go.
Thank
you
sandra.
I
hear
you
on
councilwoman.
Sorry,
I
hear
you
on
the
affordability.
Now
I
agree
and
while
we
may
or
may
not
see
legal
challenges
that
come
from
this,
you
know
it
is
worth
mentioning
again
that
the
owner
of
these
properties,
the
developer
whomever
they
hire
to
do
them,
can
simply
request
a
conditional
zoning
and
not
go
up
against
this
if
they
find
that
it
is
too
difficult
to
meet.
You
know.
K
This
reminds
me
of
a
question
we
had
in
a
hack,
affordable
housing
advisory
committee
over
the
years,
which
is
who's
responsible
for
creating
building
and
maintaining
affordable
housing.
Is
it
governments?
Is
it
a
world
of
development,
the
private
real
estate
owners,
property
owners,
who's
responsible,
and
you
know
no
one
ever
really
knows
the
answer,
and
I
think
really
it's
all
of
us.
It's
all
hands
on
deck
and
if
a
large
you
know
entity
in
the
community
has
a
problem
building
housing
on
their
site.
K
We
have
a
larger
problem,
because
then
that
means
that
the
community
does
not
understand
the
dire
need
for
housing
in
this
community,
whether
it
be
housing,
inventory,
housing
at
expensive
levels,
housing
at
deeply,
affordable
levels.
We
need
housing,
and
so
we
may
have
a
larger
problem
of
of
educating
our
own
community
on
how
desperately
we
need
this,
and
you
know
it's
not
lost
on
me
the
conversations
and
the
public
comments
that
were
said
tonight.
I
appreciate
folks
calling
in
I
did
not
appreciate
getting
all
of
those
letters
right
before
the
meeting
started.
K
A
little
more
time
would
have
been
helpful
to
review,
but
I
do
understand
their
in
their
points
and
their
concerns,
and
you
know
perhaps
we
as
a
government
body,
need
to
look
more
closely
ways
to
incentivize
this.
You
know
there
was
a
direct
correlation
between
the
affordable
language
in
the
urban
place.
Zoning
with
the
luigi,
the
land
use
incentive
grants
those
two
things
could
tie.
So
if
we
were
going
to
say
hey,
we
need
you
to
produce
affordable
housing.
We
said
over
here
we'll
help
you
incentivize
it
and
afford
to
build
it.
K
So
I'm
not
I'm
not
swayed,
but
I
I
hear
the
public
comments
and
I'm
open
to
having
further
discussions
with
those
who
called
in
if
they
would
like
to
discuss
incentives
or
ways
that
they
envision
their
clients
and
their
property
owners.
Getting
to
this
vision
that
this
community
has
so
loudly
spoken
out
for.
H
AB
G
H
AC
A
AD
Creek
road,
the
the
property,
has
the
two
frontage,
but
I
will
just
say
at
this
stage
that
the
frontage
on
mills
gap
road
will
serve
as
the
primary
access
into
the
development.
The
property
frontage
on
sweden,
creek
road
is
topographically
inaccessible.
So,
while
it
looks
like
the
property
will
have
two
access
points,
it
really
only
has
the
one
on
mills
gap
road,
as
you
can
see,
from
the
exhibit
a
zoning
map.
The
property
is
currently
split.
Zoned,
the
lower
third
of
the
property
is
currently
zoned
industrial.
AD
AD
In
reviewing
the
aerial
imagery,
there's
just
a
few
things,
I'd
like
to
point
out.
First,
you
can
see
there
are
some
jurisdictional
streams
on
the
property,
the
one
that
we're
most
interested
in
is
the
one
to
the
south.
It's
a
little
bit
hard
to
tell
from
this
map,
but
a
portion
of
that
stream
actually
comes
down
that
little
leg.
That
is
the
entrance
into
the
property
from
mills
gap
road,
because
this
will
be
the
entrance.
AD
AD
AD
This
will
have
to
be
excavated
and
removed
and
mitigated
in
order
to
have
any
kind
of
development
on
that
portion
of
the
site,
and
then
I
also
want
to
point
out
the
upper
two
thirds.
The
part
that
is
zoned
rs,
currently
zoned
rs2,
that
is
the
steepest
part
of
the
property,
and
if
you
look
carefully,
you
can
actually
kind
of
see
the
shadowing
of
the
little
mountain
ridges
that
kind
of
run
through
the
property
that
upper
two-thirds
of
the
property
is
proposed
to
remain
undeveloped
and
undisturbed.
AD
So
all
of
our
conditional
zonings,
we
begin
by
looking
at
the
city's
future
land
use
map,
which
is
part
of
the
living
asheville
comprehensive
plan.
The
subject
property
is
currently
designated
residential
neighborhood
in
that
plan,
which
describes
predominantly
single-family
development,
lower
density,
single
family
development.
It
is
our
least
intensive,
designation,
this
property.
The
proposal
is
for
73
acres
across
30.
Excuse
me
73
units
across
34
over
34
acres,
so
this
it
does
qualify
as
a
low
density
development.
AD
The
designation
also
describes
that
when
you
have
environmentally
sensitive
properties,
you
should
look
at
clustering
and
this
proposal
does
propose
to
cluster
the
development
on
that
lower,
less
deep
portion
of
the
property
that
is
currently
zoned
industrial.
So,
as
a
result,
a
change
in
the
future
land
use
map
is
not
required.
Next
slide.
Please.
AD
So
before
I
discuss
the
site
plan,
I
just
want
to
give
you
a
little
orientation.
The
we
typically
look
at
our
maps
with
north
being
at
the
top
of
the
page.
The
site
plans
have
all
been
tipped
90
degrees
clockwise,
so
north
is
now
on
the
right
hand,
side
of
the
page,
and
you
can
see
that
southern
entrance
on
mills
gap
road
on
the
left
side
of
the
page.
Now
the
site
plan
that
is
on
your
screen
currently
is
not
the
plan
that
is
being
proposed
this
evening.
AD
AD
It
also
has
private
infrastructure,
so
storm
water
and
water
will
be
private,
and
some
private
community
features
such
as
the
retaining
walls,
the
open
space
areas.
There
is
one
small
community
sort
of
community
gathering
or
playground
area,
or
I
guess
we
don't
really
know
exactly
how
it'll
be
programmed,
but
it's
there
located
inside
the
loop
that
main
loop
road
to
the
left,
so
that
is
a
little
small
community
space
and
then,
of
course,
you
have
the
upper
portion
of
the
property
that
22
plus
acres
that
will
be
undisturbed
and
that
has
remained
consistent
throughout.
AD
And
you
know
all
of
the
plans
locate
the
development
in
approximately
the
same
location,
and
so
the
removal
of
that
unconsolidated
fill
will
also
be
required
with
all
of
the
different
plans.
So
this
first
plan
was
essentially
a
single
family
subdivision.
It
shows
76
single-family
lots,
they're
small
lots,
less
than
4
000
square
feet
per
lot,
but
76
of
them
kind
of
stacked
uniformly
along
this
new
road
system.
AD
The
there
were
some
very
positive
changes,
the
some
of
the
cut
slopes
that
you
can
see
on
the
northern
end
of
the
property.
So
that's
to
the
right
of
your
page.
Those
were
made
less
steep,
so
they
originally
were
proposing
a
one
and
a
half
to
one
slope.
They
revised
that
to
two
to
one,
which
is
what
the
soup
slope
development
requirements
currently
require.
AD
They
also
widen
the
planting
strip
between
the
road
and
the
sidewalks,
giving
more
room
for
street
trees,
and
they,
I
think,
most
notably
added
or
replaced
or
substituted
a
number
of
their
single
family
detached
lots
with
townhomes.
So
the
planning
zoning
commission
had
said
you
know.
Could
you
look
at
some
other
housing
types?
You
know
something
like
a
town
home
or
a
smaller
unit
that
might
have
less
of
a
footprint,
so
they
did.
They
substituted
a
number
of
their
single-family
lots
for
townhomes.
AD
However,
the
environmental
impact
or
the
the
the
basically
the
environmental
footprint
of
this
plan
was
very
similar
to
the
first
plan,
so
it
essentially
just
kind
of
put
a
different
kind
of
housing
unit
in
the
same
place
that
those
single-family
detached
detached
units
were
located,
and
the
commission
said
you
know,
we
appreciate
the
changes
that
you've
made.
We
think
you're
moving
in
the
right
direction.
However,
it's
not
enough
for
our
support
and
they
recommended
against
the
project
back
in
june
next
slide,
please.
AD
So
the
applicant
went
back
to
the
drawing
board
board.
They
came
back
with
another
revised
plan
and
you
can
see
if
you
look
on
the
lower
right
hand,
side
of
the
page
that
a
lot
of
the
impact
area
kind
of
fell
there
so,
as
the
development
gets
closer
to
the
steeper
portion
of
the
property,
as
you
try
to
put
units
on
that
steep
slope,
you
end
up
creating
this
sort
of
grading
impact
and
the
steeper
the
property
and
the
deeper
you
go.
AD
The
further
that
gradient
impact
extends
and
so
by
removing
those
units
on
that
northeast
corner,
which
would
be
the
lower
right
hand.
Side
of
this
page.
You
have
significantly
reduced
the
grading
extent,
so
the
applicant
had
originally
proposed,
I
think,
grading
approximately
13
and
a
half
acres.
They
were
able
to
reduce
their
impact
by
two
acres
by
adjusting
their
plans
a
little
bit
so
they've.
AD
They
originally
actually
proposed
a
net
increase
in
total
units
from
the
76
single-family
homes
to
the
to
from
to
well
they
added
three
units
for
that
interim
plan
and
in
in
order
to
try
to
reduce
the
footprint
they
actually
are
now
proposing
a
net
reduction
in
units.
So
they
went
from
76
to
73
units,
so
51
single-family
lots,
22
townhome
lots,
but,
more
importantly,
they
were
able
to
kind
of
change
that
corner.
AD
So
if
you
look
in
that
lower
right
hand
corner,
you
see
those
six
townhome
units
and
you
can
see
that
very
steep
cut
slope
behind
that
tall,
retaining
wall
so
that
retaining
wall
is
close
to
25
feet
and
then
you've
got
a
40
foot
cut
bank.
So
if
you're,
you
know
looking
out
your
back
window
you're
looking
at
a
very
tall
retaining
wall
with
a
very
tall
cup
bank,
so
it's
kind
of
an
uncomfortable
situation
plus
there
is
this
pretty
big
environmental
impact.
AD
So
in
this
current
version,
which
is
the
version
that
is
being
proposed
to
council
this
evening,
you
can
see
that
all
of
that
grading
has
gone
away
now
or
almost
all
of
it,
so
that
what
that
is
what
allows
this
project
to
reduce
the
extent
of
grading.
You
can
also
notice
that
the
one
retaining
wall
for
those
six
townhomes
is
now
totally
gone,
but
it
also
has
reduced
the
the
need
for
the
retaining
wall
that
was
just
next
to
it,
to
the
south
or
to
the
left
on
this
page.
AD
That
formerly
was
a
much
more
extensive
wall
and
that
has
been
significantly
reduced.
Additionally,
the
applicant
has
shifted
some
of
the
the
units
and
has
kind
of
adjusted
slightly
and
the
location
of
the
retaining
wall
slightly
so
that
impacts
on
the
daylighted
stream
that
runs
through
the
property
is
is
reduced.
So
previously
there
had
been
a
little
bit
of
encroachment
through
the
construction
of
those
retaining
walls
into
that
stream,
and
that's
been
pulled
back
now,
so
that
you
don't
have
the
same
level
impact.
AD
So
we
believe
that
those
aquatic
buffers
will
remain
intact
and
the
net
proposal
is
the
51
single
family,
lots
that
you
see
here
and
22
town
homes.
So
this
is
all
a
single
family
product.
It's
just
a
detached
unit
versus
an
attached
unit,
so
they're
single
family
detached
and
single
family
attached
next
slide.
Please.
AD
AD
I
didn't
point
out
when
we
were
looking
at
the
site
plans,
but
we
also
added
shared
driveways
for
all
of
the
townhomes.
So
now,
instead
of
having
a
driveway
for
each
single
family
lot,
we
now
have
shared
driveways,
which
makes
the
walking
environment
a
little
bit
more
comfortable
for
the
pedestrians.
AD
The
depth
of
the
driveways
has
been
increased
slightly
to
ensure
that
there's
at
least
18
feet
minimum
clearance,
so
that
is
to
ensure-
and
this
was
a
recommendation
that
came
from
the
plane-
zoning
commission
that's
to
basically
ensure
that
a
car
parked
in
the
driveway
won't
overhang
the
sidewalk.
So
again
it's
to
try
to
keep
that
sidewalk,
free
and
clear.
AD
As
I
mentioned
earlier,
the
planting
strip
was
widened.
I'm
no
longer
requiring
a
modification.
The
original
proposal
required
it
required
several
additional
modifications
over
what's
being
requested
today.
That
was
one
of
them.
The
steepness
of
the
cut
slopes
was
reduced
from
one
and
a
half
to
one
to
two
to
one
also
no
longer
requiring
a
modification.
AD
The
extent
of
grading
was
reduced
from
13
and
a
half
acres
to
11
and
a
half
acres
and
the
extent
of
the
retaining
walls
was
reduced
and
pulled
away
from
the
aquatic
buffer.
You
can
see,
there's
also
a
couple
images
of
the
townhome
product
that
is
proposed
as
part
of
this
development.
Next
slide,
please.
AD
The
applicant
had
also
provided
a
number
of
different
models
with
such
a
small
lot.
There
was
some
concern
of
you
know
how
practical
it
was
to
build
lots
and
maintain
all
of
the
required
setbacks
with,
and
particularly
with
property,
that
has
some
topography
to
contend
with.
The
applicant
provide
six
different
models
that
he
believed
would
fit
on
on.
These
particular
lots.
Those
models
range
in
size
from
a
little
over
1300
square
feet
to
just
under
2
400
square
feet.
AD
So
there
would
be
a
variety
of
home
floor
plans
that
a
potential
home
buyer
could
select
from,
as
these
were
constructed
that
the
this
slide
shows
two
of
the
models
that
could
be
proposed.
The
materials
that
were
submitted
to
council
on
are
posted
show
all
six
that
had
been
supplied
by
the
applicant
next
slide.
Please.
AD
So
the
planning
zone
in
commission-
as
I
mentioned
earlier,
they
reviewed
the
project
initially
in
may
of
2021
and
then
voted
in
june,
and
they
did
recommend
denial
of
the
project
as
formally
proposed.
So
this
again
has
been
revised
subsequent
to
the
commission's
review
and
based
on
some
of
the
feedback
that
the
applicant
heard
at
that
meeting,
the
commission
has
not
had
the
opportunity
to
review
the
or
evaluate
the
revised
plans.
So
I
think
if
there
had
been
that
opportunity,
there
could
have
been
a
different
outcome.
Potentially
next
slide,
please.
AD
AD
The
first
is
to
allow
a
six
foot
back
of
curve
sidewalk
at
the
entrance,
which
is
a
little
bit
different
than
our
typical
five
foot
strip
with
a
five
foot
sidewalk,
and
that
is
because
you
may
recall
from
the
maps
and
the
site
plan,
it's
a
very
narrow
bit
of
frontage
along
mills
gap,
road
and
so
it's
a
narrow
strip.
It
really
doesn't
accommodate
all
of
the
road
width
that
we
need
and
a
five-foot
planting
strip
with
a
five-foot
sidewalk.
AD
So
the
applicant
is
proposing
a
six-foot
sidewalk
back
of
curb
on
just
that
one
stretch
and
then
once
you
get
into
the
development
or
the
property
as
it
widens
it,
it
transitions
to
the
five
and
five
grading
also
does
exceed
what
is
normally
allowed
in
our
steep
slope
standards.
So
normally
the
project
would
be
limited
to
no
more
than
31
percent
of
the
site
being
graded
or
10,
approximately
10
and
a
half
acres.
AD
AD
AD
AD
We
had
expressed
some
concern
and
reservations
with
that
earlier
plan
similar
to
the
plains.
Zoning
commission
applauded
the
the
revisions
at
that
interim
step
that
went
to
the
commission
back
in
june,
but
it
wasn't
quite
enough.
However,
with
the
recent
revisions,
we
do
feel
that
the
environmental
impact
and
the
footprint
of
that
project
has
shrunk.
Now
it's
pulled
away
from
the
aquatic
buffers
and
some
of
the
other
sensitive
features
of
the
site.
K
Shannon
thank
you
so
much
for
the
presentation.
You
actually
addressed
most
of
my
questions
by
detailing
us
through
the
changes
since
p
and
z,
I
thought
that
was
really
helpful.
I
had
reached
out
to
pnz
to
inquire
and
the
step
by
step
really
helped
I'm
glad
to
see
those
improvements
throughout
the
presentation
you
were
referring
to
affordable
units
at
80,
ami
I've
got
the
conditions
pulled
up
and
I'm
seeing
80
to
100
ami.
So
I
would
like
some
clarity
on
if
these
are
proposed.
AD
AE
What
we
offered
to
do
was
80
percent
not
80,
to
100
that
you
know
in
all
the
iterations
of
this
project
that
just
got
slipped
through.
So
for
the
record,
my
client
is
prepared
to
offer
five
of
these
completed
homes
to
individuals
or
families,
income
qualifying
at
80
percent
of
ami,
and
they
would
be
deed
restricted
so
that
the
city
of
asheville
would
would
hold
the
restriction.
AE
If
the
buyer
wanted
to
sell
in
a
year
they
could.
The
city
would
have
the
right
to
repurchase
that
unit
with
a
two
percent
annual
growth
each
year
up
to
as
shannon
explained
for
15
years.
So
that
way
folks
can
build
equity,
but
will
be
disincentivized
to
just
flip
it
to
the
highest
bidder.
That
way,
the
city
can
ensure
that
those
homes
are
available
for
at
least
that
period
of
time
and
by
the
way,
because
my
client
will
be
selling
these
units.
AE
He
would
have
no
objection
to
that
restriction
extending
on
forever
with
so
that
that,
if,
if
that,
if
that
would
be
better,
that
would
be
fine
with
us.
It's
just
something
the
city
would
have
to
keep
track
of,
because
they
would
hold
the
deed
restriction,
but
no
we're
we're
not
asking
for
80
to
100
percent
we're
asking
for
80,
and
I
would
note
that
my
client
john
simpson
will
very
likely
lose
money
on
each
of
those
five
sales.
AE
K
Thank
you,
mr
stevens.
I
appreciate
that
clarity
and
I'm
thankful
to
hear
it's
at
80..
You
made
some
great
points
and
this
is
actually
a
part
in
the
market.
Affordable
housing
market
that
is
so
challenging
to
get
affordable
home
ownership
is
nearly
impossible
in
this
community
right
now.
I'm
just
curious,
since
these
are
conditions
that
are
put
forth
by
the
applicant
if
your
applicant
considered
or
would
consider,
I
don't
know
where
the
five
came
from
it's
a
random
percentage.
AE
Yeah
at
five:
it's
you
know
it's
seven
percent
of
the
total
units.
You
know
I
we
really
spent
some
time
talking
about
that
this
site
as
I'll
explain
in
a
minute
when
I
go
through
my
presentation
is
it's
pretty
challenging?
It's
got
a
huge
amount
of
unconsolidated
fill
that
will
have
to
be
removed
and
remediated
and
then
filled
or
brought
in
and
the
whole
site.
Leveled.
The
acquisition
cost
is
not.
You
know.
It's.
AE
So
you
know
when
he
tries
when
developers
try
to
run
the
pro
formas
on
a
project
like
this.
You
know
they
have
to
look
at
where
they're
going
to
make
their
money
and
since
he
will
very
likely
lose
money
on
those
five
he
he
felt
like
he
could
commit
to
that.
But
he
just
wasn't
wasn't
ready
at
this
point
to
commit
to
more-
and
you
know
I
know
we
need
more,
but
that's
that's
all
he
can
do
and
it's
not
insignificant.
G
AC
Why
are
the
why?
Why
are
the
utilities
all
gonna
be
private?
Is
it
that
far
away
from
sewerage
and
water,
I
I
mean
the
one
thing
that
is
of
concern
to
me
is
down
the
road,
especially
when
projects
you
know
have
privately
developed
utilities.
Sometimes
the
home
owners
association
doesn't
keep
it
up
and
then
the
the
house,
the
property
owners,
are
stuck
with
a
pretty
big
surprise
down
the
road.
AE
Right
great
great
question,
so
the
msd
will
be
turned
over.
I
mean
the
ms.
It
will
be
msd
sewer
as
I
understand
it
and
daniel
hyatt.
Our
engineer
is
available.
He
can
jump
in
here
if
I
say
anything,
that's
incorrect,
but
it
will
be
msd
sewer.
It
will
be
city
of
asheville,
but
it
will
be
pumped
up
from.
I
think
mills
gap
road
is
probably
where
that
line
is
into
a
tank
and
it
will
then
be
distributed
as
a
quote
private
water
system
to
the
neighborhood.
AE
So
we're
not
talking
about
a
development
where
they're
having
to
dig
a
well
and
treat
the
water.
This
is
going
to
be
good
city
at
city
of
asheville
water.
I'm
no
expert
on
the
carry
cost
of
a
system
like
that.
But
having
walked
the
site
myself,
it's
just
not
that
far
from
mills
gap
road.
You
can
see
that
on
the
map.
So
logically
that
will
not
be
a
major
long-term
maintenance
problem.
The
roads
are
proposed
to
be
private
roads,
but
they're
they're,
pretty
straightforward
roads.
AE
You've
got
to
drive
way
in
and
you
saw
the
site
plan
and
other
than
that,
the
only
other
private
infrastructure
would
be
storm
water-
and
you
know
that's
not
uncommon,
for
developments
and
for
that
matter.
Roads
are
not
not
uncommon
either,
and
I
don't
know
at
some
point.
Maybe
they
could
be
turned
over
to
the
city.
But
but
I
know
the
plan
calls
for
roads,
water
and
storm
water
to
be
privately
owned
and
maintained,
and
you
know
knowing
having
been
on
the
site
myself.
I
feel
confident.
AD
And
just
to
clarify
further
for
this
and
and
any
other
projects
out
there,
when
you
have
private
utility
infrastructure
in
the
road,
the
city
is
unable
to
maintain
the
roads.
So
that's
our
policy,
I
don't
know
very
much
about
water
distribution
systems,
but
this
system
is
not
standard.
It's
not
something
that
the
city
would
normally
maintain
as
part
of
their
public
system.
AD
AE
AE
L
AE
No,
I
I
appreciate
that
question
because
I
asked
john
simpson
that
question
earlier
and,
of
course
it's
what
the
market
will
bear,
but
he's
he's
thinking,
mid
300s
for
the
individual
single-family
homes
most
likely
based
on
the
market.
So
it's
a
product,
that's
just
not
readily
available.
I
I
had
a
friend
recently
going
through
a
divorce
and
had
to
find
a
home
and
she
was
astounded
at
the
lack
of
single-family
product
in
south
asheville.
AE
She
ended
up
having
to
you
know,
to
buy
a
a
single
wide
trailer.
That
was
all
that
she
could
afford
that
that
was
available
in
the
school
district
where
her
children
go
to
school.
So
this
is
a
real
problem
and
this
this
development
goes
a
long
way
toward
helping
fill
that
need.
We
know
that
one
of
the
keys
to
addressing
the
affordable
housing
crisis
is
more
housing.
L
AE
It
that's
a
good
question
and
I
don't
I
don't
actually
know
the
answer
to
that.
I'll
have
to
ask
my
my
client.
I
know
that
you
know
the
original
plan
was
all
single
families,
homes,
and
so
the
commitment
was
five
of
those
single
family
homes
and
then,
in
response
to
the
comments
that
we
got
from
staff
and
the
and
the
planning
of
zoning
commission,
of
course,
we
you
know
reduced
the
footprint
and
then
had
to
meet
those
homes
with
with
the
townhomes.
AE
L
Okay,
well,
that's
not
really
important!
That's
not
really
one
of
my
issues
because,
like
I
said
with
the
town
homes,
if
they
are
the
town
homes,
then
to
be
able
to
own
them.
That
means
that
someone
with
lesser
you
know
a
wealth
could
afford
those
town
homes
and
that
sort
of
fits
into
a
bracket
that
we
really
need
to.
So
it
really.
AE
Wasn't
yeah,
I
I
I
don't.
You
know
it's
just
not
something
I've
discussed
with
mr
simpson.
It's
a
great
question
and
I
I
I
would
suggest
if
it's,
if
it's
not
a
matter
of
concern
to
this
council,
that
we
leave
that
open
and
that
will
be
determined
as
as
the
project
goes
along.
This
is
still
fairly
early
on.
They
will
have
to
provide
five
affordable
units,
but
whether
they're,
townhomes
or
single
family.
AE
AE
AE
AE
So
you,
you
know
all
the
numbers
we're
going
to
disturb
about
11.25
to
11.5
acres,
but
the
remaining
23,
almost
23.5
acres
will
remain
wooded
and
undisturbed,
and
that's
that's
significant
john
is
sensitive
to
the
environmental
concerns
to
the
visual
impact.
This
will
have.
It
will
sit
kind
of
right
behind
the
hawthorne
apartments.
A
little
bit
above
and
you'll
be
able
to
see
it,
but
what
you
will
really
look
up,
as
you
see,
is
this
beautiful?
AE
You
know
wooded
hillside
next
slide,
so
this
was
these
were
taken
by
me
as
you.
I
was
walking
up
where
the
driveway
will
be
on
the
left.
You
can
you're
looking
down
at
the
hawthorne
apartments
on
the
right,
you're
up
kind
of
where
the
homes
more
where
they
will
be
on
the
pad
where
they
will
be,
and
you
can
sort
of
see
what
it
looks
like
next
slide.
AE
So
I
mentioned,
and
shannon
mentioned
the
unconsolidated
fill
literally
there
is
this
large
volume
of
it's
like
household
garbage
and
cinder
blocks
and
things
that
just
some
who
knows
some
prior
owner
of
the
property
just
dumped
it
there
and
put
dirt
on
top
of
it,
and
you
can
actually
see
in
the
photograph
on
the
left.
That's
what
it
looks
like
now.
I
mean
it's:
it's
it's
been
there
so
long
the
trees
have
grown
up
out
of
it,
but
clearly
that's
not
good
for
the
environment.
AE
There's
there
is
a
creek
that
runs
into
it
and
it
just
disappears
into
this
garbage
and
then
it
just
kind
of
seeps
out
the
other
side.
We
will
replace
that
with
a
proper
culvert,
pull
all
of
that
stuff
out
at
great
expense,
clean
up
the
site
and
then
level
it
out
in
order
to
put
the
house
pad
next
slide.
AE
G
AE
Down
the
drive
on
the
sidewalks
down
the
edge
of
that
drive
to
mills
gap,
road
and
you
can
get
to
whole
foods
or
ingles
or
the
ace
hardware
store
in
just
a
couple
of
minutes
on
foot
or
on
bike.
So
it's
a
very
walkable
neighborhood,
that's
just
tucked
in
there
really
under
utilized
piece
of
property,
and
I
think
this
is
a
kind
of
a
clever
solution
for
it.
AE
AE
AE
AE
Right
on
the
transit
line
for
not
far
from
sweden,
creek
and,
of
course,
mills
gap,
road
close
to
many
different
kinds
of
jobs-
you
know
folks,
will
probably
have
cars
here
and
they
will
have
space
to
park
them.
But
you
know
really:
you
could
walk
down
the
driveway,
it's
a
little
steep,
but
you
could
do
it
and
you
could
catch
a
bus
and
get
anywhere
next
slide.
AE
AE
So
you
know
we
would
ask
that
you
approve
this
plan.
We've
worked
hard
with
city
staff,
shannon's
been
very
helpful,
guiding
us
through
this
process.
You
know
expressing
her
concerns.
We
listened
carefully
to
planning
and
zoning
and
we
came
back
with
something
that
minimizes
the
impact
protects.
The
streams
recovers,
a
piece
of
property
that
is,
you
know,
full
of
junk
right
now
and
and
creates
much
needed
housing
to
me.
This
is
a
developer,
unlike
the
ones
we
talked
about
in
the
last
presentation.
This
is
a
developer
that
wants
to
build
residential
housing.
D
Thank
you
wyatt.
So
appreciating
the
work
to
mitigate
the
impact
on
the
creek
and
also
on
steep
slope,
I
am
curious.
It
says
protected
about
23
acres
of
maturing
trees.
Can
you,
for
the
benefit
of
the
public,
speak
to
what
prevents
us
from
being
phased
development
and
does
indeed
protect
the
tree
canopy?
I.
AE
Thank
you
for
that
question.
I
should
have
explained
it
so
because
this
is
conditional
zoning.
If
this,
if
you
all,
approve
this
plan,
that
is
the
only
thing
that
can
be
built.
The
only
way
anything
else
could
be
built.
We'd
have
to
come
back
to
a
future
city
council
and
ask
for
more,
and
they
would
look
at
this
ordinance.
They
could
look
at
the
minutes
and
they
would
say
no.
AE
AD
A
A
G
L
A
All
right
moving
on
with
our
agenda,
so
our
next
item,
public
hearing
item
c
needs
to
be
continued
and
our
last
item
has
been
withdrawn
so
to
wrap
up
our
public
hearings
agenda.
Can
I
get
a
motion
and
a
second
to
continue
the
public
hearing
to
consider
an
amendment
to
articles
2
and
16
of
the
unified
development
ordinance
to
update
definitions
of
regulations
related
to
home
stays
until
december
14
2021.
A
G
B
A
K
Yes,
yeah,
that's
the
question
and
I'm
sorry,
but
this
is
an
item
backwards,
but
I
wanted
to
make
sure
before
we
leave
this
meeting,
that
the
condition
that
we
imposed
on
that
last
project
did
go
through
as
80
ami.
We
did
not
need
to
amend
that
motion.
Did
we
their
correction
in
the
middle
of
the
hearing
stating
it
will
suffice?
A
You
good
question:
okay,
okay,
we
will
now
connect
live
calls
from
our
speaker.
Queue
for
informal
discussion
and
public
comment
again
we're
only
taking
callers
who
signed
up
in
advance
callers.
You
will
first
hear
staff
and
form
counsel
that
you're
next
to
speak.
Then
you
will
hear
an
automated
message,
letting
you
know
you
are
unmuted
and
live
in
the
meeting.
A
I
A
AF
Everybody
at
council
I'm
seeing
you
guys
in
person.
I
was
reading
the
internet
the
other
day,
and
I
came
across
this
article,
written
by
david
forbes
and
matilda
bliss
for
the
asheville
blade
concerning
a
pr
firm,
called
colpro
used
by
the
police
department.
It
was
a
little
bit
concerning,
but
at
the
end
of
the
article,
david
and
matilda
went
on
to
attack
councilwoman
mosley,
saying
the
following.
AF
During
council's
june
22nd
budget
vote
council
member
anton
mosley,
who
was
controversially
appointed
by
city
council
instead
of
the
seat
going
up
for
election
use,
the
sort
of
talking
points
honed
by
coal
pro
to
claim
that
a
reduced
police
force
actually
hurts
black
people,
especially
black
women.
At
the
august
24th
meeting,
she
falsely
claimed
that
some
white
speakers
calling
for
defunding
showed
that
it
was
exclusively
a
white-driven
effort.
AF
She
claimed
she
had
talked
to
some
hillcrest
residents
who
wanted
more
police
mosley
was
using
an
old
tactic
that
white
liberals,
often
ignorant
of
politics
within
the
black
communities,
often
fall
for
black
communities
amount
of
monolith
officials
in
groups
within
them
that
support
the
status
quo
tend
to
get
disproportionate
attention
from
white
dominated
media.
While
movements
for
actual
change
get
minimized
even
when
they
have
wide
support,
mosley
a
well-off
lawyer
with
conservative
politics
is
essentially
pushing
the
same
position
as
the
police
chief,
and
I
just
want
to
say.
AF
First
of
all,
there
should
be
no
controversy,
a
controversy
concerning
the
appointment
of
miss
mosley.
It
was
on
point
we
fill
the
vacancies
on
council
with
the
same
level
of
specificity
that
we
elect
our
council
members.
It's
codified
in
our
charter
and
perhaps
fred
branham
can
clarify
that
once
and
for
all
and
miss
mosley
certainly
never
said
that
the
defunding
movement
was
exclusively
white.
I
think
it's
crazy
that
david
and
matilda
somehow
are
the
educated
white
liberals.
AF
While
everybody
else
is
ignorant,
I
do
claim
to
be
ignorant
of
what
the
politics
within
the
black
community
is.
I
don't
know
what
that
is,
but
I
don't
think
that
I'm
gonna
go
to
david
matilda
to
find
out
what
time
it
is
black
community.
So
I
just
wanted
to
offer
a
little
bit
of
chivalry
if
I
may,
to
a
conservative
woman,
miss
mosley
and
coming
to
your
defense.
AF
U
U
In
fact,
the
composition
of
the
council
is
historic,
and
I
do
appreciate
that
my
prayer
is
that
this
council
will
continue
to
work
together
to
exchange
ideas
and
to
decisively
seek
to
listen
and
to
learn
from
community
on
how
to
make
progressive
and
positive
changes
for
the
good
of
all
peoples.
That.
U
Asheville
last
year,
2020
during
the
days
of
protests,
city
council
enacted
bold
and
unprecedented
resolutions,
council
moved
swiftly
and
immediately
to
acknowledge
injustices
perpetrated
on
and
against
african-americans
that
denied
them
their
very
basic,
god-given
human
and
constitutional
rights.
The
council
issued
an
apology
and
decided
to
give
reparations
to
african-american
citizens
here
in
asheville.
From
my
perspective,
no
reparations
or
pavement
can
compensate
for
the
horrendous
treatment
of
my
ancestors
in
the
past
or
the
treatment
building
and
placed
it
in.
However,
reparation
is
a
symbol
that
says
we're
not
going
to
conduct
business
and
operate
today.
U
The
same
way
we
operated
yesterday.
The
council
took
bold
and
unprecedented
actions
last
year,
but
today
it's
different.
The
timeline
for
reparations
seem
to
have
stalled
on
bureaucracy
or
by
people
who
of
influence
who
were
resistant
to
positive
changes
in
the
60s.
Dr
reverend,
dr
king
authored
a
book
called
why
we
can't
wait.
Changes
sometimes
require
swift
and
immediate
action.
Black
americans
could
not
continue
to
wait
for
voter's
right
bill
that
gave
them
the
right
to
vote
like
every
other
american
citizen.
U
Black
americans
could
not
continue
to
wait
to
have
equal
opportunity
to
participate
in
the
rights
and
privileges
afforded
to
every
american.
The
timeline
for
the
full
enactment
of
the
reparations
is
at
best
2023,
but
by
then
the
enactment
of
reparations
could
be
extended
even
further
into
the
future.
We
cannot
wait
for
reparations
political
temperament
changes,
people
memories
are
short
in
the
past.
America's
administrations
have
been
long
on
promise
of
justice
and
short
on
implementing
redlining
was
swift
and
immediate
urban
renewal
took
property
and
displayed
thousands
of
black
americans
with
swift
and
immediate.
U
If
change
is
to
come
quickly,
it
must
happen
during
this
administration.
If
not,
you
then,
who-
and
if
not
now,
then,
when
this
is
a
historical
asheville
city
council
continue,
and
I
encourage
you
to
continue
to
make
historical,
unprecedented
decisions
and
resolutions
that
have
a
positive
impact
on
the
lives
of
people,
neighborhoods
communities
and
the
city.
Thank
you.
I
appreciate
it.