City Council updates flood code, housing goals

AFFORDABLE HOUSING: Asheville City Council members discussed how they plan to get back on track with the city's affordable housing plan at the Jan. 28 meeting. Pictured, from left, are Council members Kim Roney and Sheneika Smith, Vice Mayor Antanette Mosley, Mayor Esther Manheimer and Council member Maggie Ullman. Photo by Brionna Dallara

After delaying a vote to gather more public input regarding proposed modifications to Asheville’s Unified Development Ordinance (UDO) and its application near floodplains, Asheville City Council unanimously approved those changes at its meeting Jan. 28.

City staff also presented modifications to the city’s affordable housing plan to reflect community feedback and the impact of Tropical Storm Helene.

“Hopefully the third time is a charm,” said Amy Deyton, assistant director of public works, as she presented proposed changes to the UDO for a final vote. Council approved the updates, 6-0, with Council member Sage Turner absent.

What’s different?

Most of the changes clear up ambiguity in floodplain regulations to ensure the city is in good standing with the National Flood Insurance Program (NFIP) and aligned with state building codes.

If the city falls out of good standing with the NFIP, it risks losing disaster relief administered by federal agencies such as the Department of Housing and Urban Development (HUD), the Environmental Protection Agency (EPA) and the Small Business Administration (SBA).

The changes address three areas.

The updated ordinance maintains the current 2-foot freeboard requirement, which mandates that buildings’ lowest floors are 2 feet above base flood elevation — the height anticipated during a flood, as determined by flood maps created by the NFIP and managed by the Federal Emergency Management Agency (FEMA).

The city also maintains a one-year look-back rule, which is the period used to determine damage. The clock starts when repairs begin. Both the freeboard and the look-back rules were adopted in 2009.

The third update pertained to properties with historic designation. Owners can seek an exemption from the elevation requirements by applying for a variance.

But one member of the public sought more leniency for historic buildings.

“It seems to me we elected in 2009 to go with the more restricted route,” said Benjamin Mitchell, vice president of administration for the Biltmore Property Group (BPG), during general public comment. BPG owns several properties in Biltmore Village. “I would like you all to take into serious consideration our historic districts, to exempt them entirely when it comes to flood restrictions.”

Several Council members expressed empathy for property owners.

“It’s pretty heavy on my heart and it’s a really hard time for anyone going through this. The river did what it was going to do regardless of our past ordinance, and that feels like a truth too that’s very hard to hold at the same time,” said Council member Maggie Ullman.

Council member Bo Hess said business owners need more help from the state and federal governments.

“Concerns for our small businesses remain at the forefront of my mind,” Hess said. “I firmly believe that our state and federal partners need to step up and provide meaningful relief to our business owners that have been hit hardest by Helene.”

Affordable housing update 

While getting back on track with affordable housing efforts, the city is bumping up against a new state law that eliminates municipalities’ ability to downzone properties without written consent of all affected property owners.

The law, Senate Bill 382, included disaster relief for Helene as well as many provisions unrelated to recovery. The General Assembly overrode then-Gov. Roy Cooper’s veto in December.

The law prohibits local governments from downzoning or rezoning property to less intense use.

“Almost anything can be construed as downzoning, unfortunately,” said Stephanie Dahl, director of planning and urban design. “That makes it interesting for us to try to work with the community on some of the items they have been looking forward to. But, we are going to promote housing in the areas they need it the most.”

Before the storm, the city had conducted several studies aimed at increasing “middle housing” — structures like duplexes and townhomes that fall between single-family homes and large apartments.

To address the need, city staff proposes a zoning overlay that would allow more housing in commercial corridors and mixed-use districts, like downtown Asheville, Smokey Park Highway and Tunnel Road — all of which have both commercial and residential developments. The city would not change zoning in legacy neighborhoods.

Because of the complexity of recovery, the plan looks ahead only six months. Key strategies remain keeping people in their homes and making it easier to develop housing overall and providing incentives for building affordable housing.

Despite the storm, not all tasks related to housing were delayed, said Nikki Reid, director of economic and community development.

“In fact, the strategies of rental assistance and home repairs were reprioritized in response to Helene and are well underway,” Reid said.

Staff also continued to work on projects funded by the Housing Trust Fund (HTF), which provides low-interest loans to build affordable housing.

Staff will also use incoming FEMA data about home damage to develop an Unmet Needs Assessment to use in allocating $225 million in Community Development Block Grant — Disaster Recovery (CDBG-DR) funds that were announced Jan. 8.

In other news: 

  • City Attorney Brad Branham outlined Council’s top requests of the N.C. General Assembly, which began its session Jan. 29. The city would like the state to cover the 10% local match for FEMA public assistance projects, which help rebuild infrastructure. The federal government pays 90% of costs, however, 10% is left to the city. The city is also seeking state-backed grants or loans to replace lost local tax revenue post-Helene. Another top priority is to overturn Senate Bill 382, which constricts the city’s ability to enact zoning changes, which is particularly important for Asheville’s resiliency, Branham said.
  • Council appointed Vice Mayor Antanette Mosley to the Buncombe County Tourism Development Authority as an ex-officio, nonvoting member.
  • Council approved amending the contract with emergency management firm Hagerty Consulting to add $4,994,885  to the 6.4 million for debris expenses and $3.5 million for emergency protective measures. Hagerty will assist the city in developing the HUD action plan for CDBG-DR funds.

This story was supported by the Fund for Investigative Reporting and Editing.

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