WECAN Board Meeting Minutes November 4, 2021 meeting on Zoom @ 6:30 pm
Board Members present: Byron Ballard, Sherrod Barnes-Ginifer, Joe Fioccola, Mike Kenton, Rebecca Lance, Rachel Larson, and Pattiy Torno.
Board Members not present: Stephanie El-Hajj and Rich Peterson.
Guest speakers: Paul D’Angelo-Community and Economic Development Program Director, Nikki Reid-Interim Community and Economic Development Department Director and Sasha Vrtunski-Urban Planner II.
Also Present: AK, JP Chalarca, Jocelyn Olcot, Sylvia Organ, Carrie Pettler, Ranse, Brittany Wager, and Suzanne Willis
CALL TO ORDER: Rebecca called the meeting to order at 6:31 pm.
APPROVAL OF MINUTES: Rebecca moved, and Pattiy seconded a motion to approve the minutes of the October 7, 2021 meeting as distributed and corrected. The motion passed.
TREASURER’S REPORT: Pattiy reported the balance is $1752.45. She is still waiting for receipts for Halloween decorations.
A recording of the meeting began at 6:35 pm.
CITY STAFF ON HAYWOOD STREET COMMUNITY DEVELOPMENT (HCSD): Rebecca asked the city staff to introduce themselves and what they do and then opened the floor for questions. Nikki works on Affordable Housing, Homelessness and Equitable Economic Development. Sasha reviews large projects such as hotels and apartments, and is a generalist in the Planning Department with extensive experience in long range planning, rezoning, Form-Based Code, and downtown planning. Paul deals with HUD Funding Services HOME funds, and is the Affordable Housing lead on sharing information and policies encouraging more affordable housing.
Q: Rachel asked that since a major complaint heard about the Haywood Street Community Development (HSCD) project was management concerns and since the City has funded part of this could they also could the City impose restrictions about property management in the Conditional Zoning process? Sasha explained that all Conditional Zoning (CZ) requests go to City Council for approval. The process starts with Neighborhood Meeting then Technical Review Committee (TRC) then to Planning and Zoning (P&Z) before reaching City Council. These meetings consider land use impacts such as traffic or needed fencing and there is a ‘B-1 Conditions’ list of potential modifications that the City controls. Paul looks for Affordable Housing with target Area Median Income (AMI) of 30,60 or under 80% AMI to achieve a variety of income levels but there is nothing in policy requiring it. Some developers use tax property management. Staff has been working on a policy called ‘beyond the subsidy’ and look at appearance, building type and standards beyond the regular code, development partners, upkeep of building and general maintenance. The Housing Trust Fund Application looks at things like cash flow, operating reserves/caps, strong property management, assistant manager. Sasha offered to talk to the City’s Legal Department. to get a better answer. The City doesn’t own the property and the Neighborhood could have an agreement with HSCD that would be worth exploring.
Q: Rachel asked could the Neighborhood make requests through CZ? The conditions must be agreed to by both the developer and the city and related to the land use impacts. Q: Jocelyn brought up the traffic issue at Clingman and Hilliard that staggering the lights might help. The scale of the project was so imposing that citing it farther back on the lot would make it less intrusive. Sasha observed that it was not a huge site but they could explore other options.
Q: Pattiy recalled some backstory to the 2018 rezoning from Neighborhood Business (NB) to Community Business 1 (CB1) without a specific plan. Does the City allow speculative zoning changes? She heard from Planner Shannon Tuck that NB no longer exists in zoning districts and future land use. Sasha explained that it was a straight rezoning and not a conditional zoning with specific plans. Scott Carter made the request to open the area to more residential uses. She also noted the Council Report was available.
Q: What happens to the property if CZ is not approved? Nikki is working with the Legal Department on that. There is still an option to use the lane as collateral to protect the City’s investment. There is a ‘claw back’ tool.
Q: Brittany asked what are the specific variances in the zoning? The requirements are building height, footprint and density. The developer requests modifications (we don't call them variances) through the submission of their plans and a draft list of B-1 Conditions. Those plans are usually available at least 2 weeks before the Technical Review Committee meeting which is the first step of the process.
Q: Who is the City Planner assigned to the project? Shannon Tuch would be assigned after the application is made.
Q: Can nearby properties also use 50/acre density for business property? Pattiy heard from Shannon that CZ is a one-off and has no bearing on other properties. It is specific to that parcel and doesn’t set any precedent.
Q: Rebecca asked is the City looking for the greatest density in WECAN and in downtown? Sasha noted that earlier higher buildings downtown were acceptable now there are some limits. The City wants a balanced livable place to live since we are growing.
Q: Brittany recalled that Brian Combs used the 360 Hilliard Apartments as a precedent for CZ? See Shannon Tuch for further.
Q: Suzanne asked are there guidelines in town for affordable units and why not require a percentage of all developments to be affordable? Paul explained that Asheville doesn’t have ‘Inclusionary Zoning” but has some ways to incentivize it such as the Affordable Housing Trust Fund and Land Use Incentive Grants. Some are used already but the subsidy per unit costs $80,000. Asheville is a Dillon’s Rule city, not Home Rule which means the state of North Carolina controls what the City is allowed to do.
Q: Joe asked we first heard 45 units from HSCD and then 42 units that City Council funded. Is it important? Paul noted that small changes were normal.
Q: Sherrod asked could the dead end of W Haywood Street be opened up to Patton Avenue? Pattiy noted that during the Duke substation meetings the neighborhood opposed it. Sasha added that when I-26 happens it will bring changes, so maybe at that time.
Q: Sylvia asked: The city has few tools for affordable housing Are there other options for incentives? Paul listed: Property Tax abatement, fee rebates, Metropolitan Sewerage District (MSD) Discount (from $1900 to $700 per unit), extradited review, use of City owned land, Housing Trust Fund $1M loan, HOME Funding.
Q: Rebecca asked what can be built by right? Sasha reviewed that since it was .87 acre the structure footprint allowed was 6,000 sq ft for a 12,000 sq ft structure. You can have more than one building per lot in this zoning district. Density dictated how many buildings if there's residential. . Twenty units per acre (40 if a % are affordable). Other than residential small low-traffic businesses or office space allowed.
Q: Rachel offered to follow up with city staff by sending additional questions that we ran out of time to field.
NEIGHBORHOOD MATCHING GRANT
Pattiy submitted the grant to rent goats to maintain Kudzu Hill. This would also include repairing the sign garden and replanting Owens-Bell Park. Joe explained that the application was very simple and did not ask for a lot of details. He explained that this round of applications would be reviewed and ranked in November and awarded in December and a second round would open up in March. The project must be completed within 12 month of receipt of funds.
WECAN CAMPERS: Rebecca and others met with Mike from Homeward Bound and toured the area. He suggested considering what WECAN has to offer to campers in WECAN such as the female in the blue tent.
GENERAL MEMBERSHIP MEETING: Rebecca asked Joe to review: WECAN General Membership meets twice a year-- in June and in December. The meetings usually have a food element and a summary report on activity since the last GM meeting. In December we also think of ideas for the future and elect Resident Board members. There are three classes of board members each on a 3 year term so every year one third has to be renewed (up to two full consecutive terms) or must rotate off the board for one year and be replaced. Current classes are: 2021: Katherine, Byron and Mike, 2022: Pattiy, Rachel, Rich, 2023: Joe Rebecca, Sherrod, Stephanie. This means the 2021 class’s 3-year term expires on December 31, 2021. Both Byron and Mike are eligible for a second 3-year term in the Class of 2024--if they are willing to serve and one or two seats are open for that class. The Board elects officers in January and also elects At-Large Members for renewable one year terms.
NEWSLETTER: Rebecca reported that the newsletter was printed and on her porch ready for distribution. Thanks to Joe and all who contributed articles and pictures. She asked for help delivering them if anyone who has not helped before could let her know they can help. Pattiy also gave thanks for Allegra who has printed them for free for several years and is a local business in the neighborhood.
HALLOWEEN: Suzanne thanked Brittany for the Haunted Trail and Rebecca for getting out the flyers for this and the two picnics last summer. She loved seeing neighbors and wished there were more opportunities to get together.
SUBCOMMITTEE REPORTS:
ADOPT A HIGHWAY: The contract is still on Joe’s Porch 34 Girdwood Street for anyone who wants to sign the release and participate in any of the quarterly litter pick-ups on Clingman Avenue in the next 3 years.
MEDIATIONS: Rebecca is looking for common ground in the things we value as a neighborhood and the ‘asks’ we should make of the HSCD project. They have invited someone from WECAN to serve on the HSCD Board to take concerns to them and bring information back to WECAN. Carrie Pettler volunteered to be that representative. She has a vested interest in housing from her past social work days and wants it to be as good as possible if it is in WECAN. She is enthusiastic that local developers are involved and with the City funding support and the opportunity for getting affordable housing. She has a lot to learn, is not a long time resident in WECAN and offered her candidacy. There has been so much conversation in the neighborhood a lot on Facebook that has not been helpful or neighborly and she thinks the discussion should happen at public WECAN meetings rather than one on one or on FB. Rachel offered to be back up if Carrie couldn’t make those meetings and noted that Carrie lives close to the project and her husband is an architect. Carrie is in awe at the knowledge and history of community participation and engagement. Carrie is meeting bi-monthly with Brian to stay connected and discuss collaboration between WECAN and HSCD. Rebecca noted questions about the property management who and how residents will be chosen. Pattiy noted that Brian Combs gave the format that decisions are made at the board level but large community meeting in WECAN to discuss concerns and requirements that he will take to the HSCD Board. So, input would happen just not at this phase of the project. Pattiy noted that Hildy said the City Council is the concern for that. The CZ process is the time to bring up concerns. JP suggested that land use concerns and design concerns were important now and management concerns later. Pattiy noted there is no consensus now on what to ask for (0, 24, 34, 45 units) and WECAN cannot advocate for anything until there is consensus. She suggested a process with an outside mediator. Joe noted that we are in agreement on the issue of traffic at the intersection of Clingman and Hilliard. Pattiy shared a video of the intersection being blocked and asked to send her more. Rachel, noting the recent staged parking jam on W Haywood considers no parking at all on the north side but doesn’t want to take away Pat Crisps. The general feeling was that Zoom meetings would not work and that in-person would. Pattiy recalled the Duke substation process getting together over several weeks and making big lists of concerns and distilling them down to 4 major concerns: Wins for immediate neighbors, the neighborhood, Duke and the City. Joe noted that the process they used was from a book called ‘Getting to Yes’ and it worked well. Rachel offered a personal appeal to reach out to some neighbors who oppose the HSCD project. Rebecca called for participation within the deadline. The next HCSD meeting is November 15. The consensus was for Carrie and others to attend that meeting and report back to WECAN in December for a final decision on the WECAN representative to HSCD.
Other meetings are happening bi-weekly on Mondays at 3 pm on site. The next are November 8 and 22 to discuss traffic and property management.
NEIGHBORHOOD ADVISORY COMMITTEE: JP is the 28801 member and asked for a list of questions or topics in depth. The NAC is in a period of developmental growth with a lot of talk about process and policy. The main topics have been Use of Open Space, the Noise Ordinance and Greenways. He offered to listen to any neighborhood concerns or issues at (480)387-0637 or jp@bryceashe.com.
GENERAL DISCUSSION: Rebecca raised the question: Should the Board assert neutrality and facilitate communications on the record since some critics accuse the board of bias and pushing support? Pattiy again noted that clearly there is no consensus so the board cannot take a position, but individual residents are free to express themselves. When she spoke at the CC meeting she was clear that she was on the WECAN Board but was not speaking for it. Rachel said don’t say neutral, at least express common concerns. Pattiy noted that our strength in WECAN is our collective voice and the organizational respect we have earned over the years. Rebecca is looking for an honest open way of communicating. Carrie repeated that it should happen here and not on FaceBook as the best place to be heard.
ADJOURN: Meeting adjourned at 8:13 p.m.
Next WECAN General Membership meeting December 2, 2021 @ 6:30 pm
Minutes submitted by Joe Fioccola
Email pattiytorno@gmail.com for a link to the recording of the zoom meeting.
Upcoming HSCD meetings:
Sun Nov 7, 1 pm HSCD on site
Mon Nov 15, 5 pm HSCD Board meeting
