Asheville – Council members are insistent that they want more affordable and workforce housing. Yet the council has earned a reputation for voting against private-sector developers generously proposing to construct housing that is naturally affordable, that is, in need of little or no government subsidy.
At their October 24 meeting, council decided to continue consideration of a UDO amendment until after the holiday season. Whereas city staff generally generates amendments, this one was brought forward by a citizen, and it proposed making it easier to build cottage developments. Changes would allow developments to have as few as two, instead of five, cottages on a lot; eliminate mandatory separation requirements; and allow front doors that don’t face the street.
While staff was supportive, they expressed trepidation because the amendment did nothing to require the units to be marketed at rates meeting HUD’s definition of affordability. They also regretted that citizen-initiated amendments are not subject to public vetting, so they were “exploring” counteramendments to require community engagement. Council’s excuse for delaying a vote was that they had not yet heard the findings of the Missing Middle Report, and they wanted to have the big picture before they changed anything. The same logic was applied to continue a subsequent public hearing to modify standards for flag-shaped lots.
Councilwoman Antanette Mosley wanted to look at the proposed amendment through an equity lens, and Councilwoman Sheneika Smith said the Missing Middle Report would include a displacement analysis. After noting the amendment had not been analyzed for tree canopy protection, Councilwoman Kim Roney said she wanted council to impose an affordability requirement. Perhaps, she suggested, cottage developments could be subject to their own community benefits table, through which the city would provide incentives for inclusionary zoning. Only Councilwoman Sage Turner, considering the need for more affordable housing time-critical, voted against postponing a vote.
Mayor Esther Manheimer said 15 people had shown up to participate in the public hearing, which now was not going to happen. One of them, Barry Bialik, stayed to speak his mind during general public comment. Bialik, a former chair of the city’s Affordable Housing Advisory Committee, is a pioneer and leader in the local cottage home construction scene.
Bialik introduced himself as “probably one of the largest missing middle developers in town.” He just recently set up a factory that allows him to build three houses a day, but he can’t put any of the houses in Asheville. He is therefore in negotiations with Durham and Wilmington. He had proposed the amendments as “the two quickest, easiest changes that would have opened additional land in the city.” His amendments were endorsed by, among many others, the Asheville Homebuilders’ Association, the Asheville Board of Realtors, the CEO of Mountain Housing Opportunities, and the city’s planning director.
The city, he said, has a process for bringing a text amendment to fruition. He paid $850 for one. In exchange, he expected to go before the planning and zoning board and city council. “I didn’t get that.” Bialik said he begged city staff to let him hold neighborhood input meetings, but his requests were denied. Now, he wasn’t getting the go-ahead for lack of public input. He added that his 15-year-old son was going to speak as well. In preparation, he read through emails written in opposition to the amendment and said, “’Dad, what’s wrong with people? People deserve a place to live.’”
In Other Matters –
The council unanimously adopted new standards, along with fees and charges, for outdoor dining in public rights of way. The practice of extending outdoor dining into the streets was deemed essential to keeping restaurants in business during social-distancing orders.
To help people who want to start or continue offering customers sidewalk or street dining, the city prepared a 45-page dining guide. Instead of helping foodies find the right outdoor dining experience, this guide tells restaurateurs which three- or four-stage review process they must complete and how much they must pay for permitting.
Annually, sidewalk dining will cost $7 per square foot, and street dining will cost $3,000 for one parking spot and $4,500 for two. Parties failing to tear down their outdoor eateries or offer their street furniture to the public after business hours will be fined $500 per incident. Additional permits may be required for A-frame signs, tents, awnings, pushcarts, bolted fixtures, and more.
The manual also covers dimensions for outdoor furniture placement and rules for signage. Restaurateurs will be held responsible for any damage to city property resulting from their outdoor eateries.