Sec. 7-19-4. Documentation and plan review.

(a)   Tree canopy protection plan.

(1)   The tree canopy protection plan shall be drawn on a separate plan sheet in addition to all other required submissions.

(2)   The tree canopy protection plan shall show all designated tree canopy protection areas, all heritage trees within the project limits of disturbance, display the boundary of the current critical root zone (herein “CRZ”) of each individual tree or grouping of trees if CRZ overlap is present and shall identify the total site acreage as well as the protected tree canopy percentage. Boundary trees with a critical root zone that encroaches onto the subject property shall be shown and associated tree protection measures shall be employed unless such CRZ conflicts with a building envelope on the development site.

(3)   The tree canopy protection plan shall show all trees being utilized for canopy credit on the development site and all fee-in-lieu payment information in tabular form.

a.   If ground checking is utilized to calculate the tree canopy area, trees shown on the plan shall be labeled as to their diameter at breast height, average crown width and species.

b.   If aerial analysis is utilized to calculate the tree canopy area as measured using geographic information systems software, tree canopy area shall be shown, labeled and described on the plan.

(4)   Plans shall display the following required note: Areas designated as tree canopy protection areas shall remain as such in perpetuity. Tree removal shall be prohibited in these areas unless otherwise permitted.

(5)   The approved tree canopy protection plan must be recorded with the Buncombe County Register of Deeds as a plat or exhibit attached to a deed.

(6)   A copy of the recorded tree canopy protection plan shall be provided to the city prior to the issuance of the certificate of occupancy or certificate of compliance.

(b)   All plats for affected properties:

(1)   TCPA shall be shown on all subdivision final plats.

(2)   Plats shall display the following required note: Areas designated as tree canopy protection areas shall remain as such in perpetuity. Tree removal shall be prohibited in these areas unless otherwise permitted.

(Ord. No. 4824, § 1h, 9-8-20; Ord. No. 5103, § 1b, 9-24-24)

Sec. 7-19-5. Payment in lieu of compliance.

(a)   Payment may be made in lieu of compliance to fulfill the new tree canopy installation requirements for a site as found in Table 7-19.2 and 7-19.3.

(b)   Payments in lieu of compliance received in relation to properties within a given Resource Management Overlay District shall be used to acquire land and plant or preserve trees within that same Resource Management Overlay District.

(c)   Exclusions: Payment in lieu of compliance shall not be accepted for:

(1)   Areas containing aquatic buffers.

(2)   Areas defined as steep slope zone A or B as defined by section 7-12-4.

(d)   Calculation of payment amounts.

(1)   The payment amount in lieu of planting shall be based on values listed in the current year fees and charges manual.

(Ord. No. 4824, § 1h, 9-8-20; Ord. No. 5103, § 1b, 9-24-24)

Sec. 7-19-6. Permitting.

(a)   Tree removal permits.

(1)   A permit shall be required for the following activities:

a.   The removal of any trees on properties within any steep slope zone or an aquatic buffer.

b.   The removal of any tree within an established tree canopy protection area.

(2)   Fees.

a.   Fees for tree removal permit applications shall be established and listed in the current year fees and charges manual.

(b)   Application requirements:

(1)   The applicant for a tree removal permit shall supply, at a minimum:

a.   A ground photo of the tree to be removed;

b.   A site plan showing the location of the tree to be removed;

c.   Copies of any site plans showing required tree canopy preservation area;

d.   When it is not readily and visually apparent and confirmed by the City’s Urban Forester that the tree is dead, diseased or in decline, a letter from a certified arborist recommending removal of the tree and the facts supporting that recommendation. Reasons may include but are not limited to:

1.   Trees that are dead, diseased or dying; or

2.   Trees that pose a threat to life, property or other healthy trees and shrubs per American National Standards Institute (ANSI) standards.

e.   A replanting plan showing the installation of tree canopy equivalent to that being removed as defined by Table 7-19.4.

f.   When removing a heritage tree, a replanting plan is required showing the installation of tree canopy equivalent to 200% of the canopy area being removed as defined by Table 7-19.4.

(2)   Staff shall either approve or deny the application within ten business days.

(c)   Appeals.

(1)   Appeals of staff decisions will be conducted as detailed in section 7-6-2.

(Ord. No. 4824, § 1h, 9-8-20; Ord. No. 5103, § 1b, 9-24-24)

Sec. 7-19-7. Enforcement.

(a)   Violations of this article shall be enforced as specified in article 18 of this chapter.

(b)   A violation of section 7-19-3(4) shall be subject to a civil penalty in the amount specified in appendix B.

(c)   Remediation-replanting in addition to fines.

(1)   In addition to any fines assessed, the violator shall install a new tree or trees with a canopy area equivalent to that which was removed as defined by Table 7-19.4.

(2)   In addition to any fines assessed, when the violation consists of the removal of a heritage tree the violator shall install a new tree or trees with a canopy equivalent to 200% of the canopy area as defined in Table Table 7-19.4.

(Ord. No. 4824, § 1h, 9-8-20; Ord. No. 5103, § 1b, 9-24-24)

Appendix 7-A. Public Benefits Table.

Appendix 7-A - Public Benefits Table

Hotel Location & Size

Points Requirement

Hotel Location & Size

Points Requirement

Urban (CBD/Biltmore Village/RAD)

Suburban (outside CBD/Biltmore Village/RAD)

35 rooms and under

140 points

35 rooms and under

100 points

36-80 rooms

180 points

36-80 rooms

130 points

81+ rooms

220 points

81+ rooms

160 points

Topic

Action

Points

Notes

-50

-20

10

20

30

40

50

60

70

80

90

100

110

120

140

180

210

Group 1

Only 1 may be selected

Adaptive reuse of historic building

X

As per the Secretary of Interior standards.

One Green Globe

X

LEED Certified

X

LEED Silver/Two Green Globes

X

LEED Gold/Three Green Globes

X

LEED Platinum/Four Green Globes

X

Net Zero Building

X

Group 2 - AT LEAST 50% OF REQUIRED POINTS MUST COME FROM THIS GROUP

Only 1 may be selected

Affordable Housing/Reparations - Option #1

X

$3,000/room to the city's Housing Trust Fund (HTF) or Reparations Fund

Affordable Housing/Reparations - Options #2

X

$4,000/room to the city's Housing Trust Fund (HTF) or Reparations Fund

Affordable Housing/Reparations - Option #3

X

$6,000/room to the city's Housing Trust Fund (HTF) or Reparations Fund

Affordable Housing - Option #4

X

Production of newly constructed affordable for-sale housing at a rate of 0.1/room at 80% AMI permanently affordable (~$240,000 as defined and updated by the city)

Affordable Housing - Option #5

X

Production of newly constructed affordable for-sale housing at a rate of 0.2/room at 80% AMI permanently affordable (~$240,000 as defined and updated by the city)

Group 3

Employee Owned Business

X

Certified EO (www.certifiedeo.com)

Only 1 may be selected

Living Wages with Inclusive Hiring

X

To be in place within 3 months of certificate of occupancy

B Corp Certification

X

Transportation benefit*

X

* Only available if providing living wages

Supporting MWBE

X

$600/room contribution to the city

Contracting with MWBE

X

Neighborhood improvement

X

$300/room contribution to the city

Public art

X

$300/room contribution to the city

Urban only

Outdoor public plaza - Option #1

X

On-site. Min size: 5% of parcel. Must comply with UDO Sec 7-11-4(f)(2)

Outdoor public plaza - Option #2

X

On-site. Min size: 10% of parcel. Must comply with UDO Sec 7-11- 4(f)(2)

Structured public parking - Option #1

X

Public parking 25% of rooms. On- or off-site

Structured public parking - Option #2

X

Public parking 50% of rooms. On- or off-site

Group 4

Demolition of historic structure

X

Displacement of business/housing

X

Per business/housing unit displaced within the previous or projected 24 months

 

(Ord. No. 4855, § 1(k), 2-23-21)

Appendix 7-B. Reserved

Editor's note(s)—Ord. No. 3466, § 2, adopted Apr. 24, 2007, deleted App. B in its entirety. Former App. B pertained to checklists for applications.

APPENDIX 7-C. RECOMMENDED SPECIES LIST

Appendix 7-C Recommended Species List

Name	Description	Mature Height	Growth Rate	Comments
Shrubs for Buffer Areas
Euonymus alatus Winged Euonymus "Burning Bush"	D	5-8'	Moderate	Dense winged twigs; red fall color
Forsythia intermedia Border forsythia	D	8-10'	Rapid	Several varieties; yellow flowers
Ilex cornuta 'Burfordii' Burford Holly	Broadleaf E	8-12'	Fast	May wind burn during winter, but is hardy
Ilex crenata Japanese Holly	Broadleaf E	10-12'	Moderate	Many varieies are low growing
Rhododendron hybrida Hybrid Rhododendron	Broadleaf E	10-12'	Slow to Moderate	Many varieties available; verify height and flower color
Viburnum plicatum tomentosum Doublefile
Vibernum	D	8-10'	Moderate	Horizontal branching; white flowers
Viburnum rhytidophyllum Leatherleaf Viburnum	Broadleaf E	6-10'	Moderate	Prefers shelter from wind
Small Trees
Acer palmatum varieties Japonese Maple	D	15-20'	Slow	Some varieties are dwarf
Crataegus phaenopyrum Washington Hawthorn	D	20-25'	Medium	Thorny, but handsome
Ilex opaca American Holly	E	25-35'	Slow	Plant female tree for berries
Koelreuteria paniculata Golden Raintree	D	25-30'	Slow	Yellow flowers, brown seed pods
Magnolia soulangiana Suacer Magnolia	D	15-25'	Slow	Spreading: "Speciosa" and "Verbanica" are late- blooming varieties
Malus hybrida Flowering Crab Apple	D	15-25'	Medium	Many varieties; check for disease resistance
Medium Trees
Ilex x Fosteri Foster No. 2 Holly	Columnar E	25-35'	Medium	Plant female tree for berries
Pinus nigra Austrian Pine	E	20-40'	Medium	Use for buffering
Pyrus calleryana Bradfordi Bradford Pear	D	35-45'	Fast	Capitol & Whitehouse' cultivars
Tillia cordata Little Leaf Linden	D	35-45'	Slow to	Chancellor' is upright variety
Large Trees
Acer rubrum Red Maple	D	40-50'	Moderate	Columnare' & Armstrong' have columnar form
Acer saccharum Sugar Maple	D	50-75'	Slow	Temple's Upright' is a columnar form
Gleditsia triacanthos Thornless Honeylocust	Large	45-60'	Medium	Various varieties, avoid Sunburst', because of fireblight
Liquidambar styraciflua Sweetgum	Large	45-55'	Medium	Good fall color; will tolerate damp soils
Quercus rubra maxima Eastern Red Oak	D	50-7-'	Rapid	For an oak, relatively easy to transplant
Tsuga canadensis Canadian Hemlock	Large E	30-80'	Medium	If sheared, can be used for hedge
Pinus Strobus White pine	Large	80-100'	Fast	With effort, can be kept sheared in hedge form
Zelkova serrata Japanese Zelkova	Large	40-50'	Medium	Village Green' similar to form of American Elm

 

Trees and Shrubs for Damp Sites and River District

Common Name	Description	Size	Location
Trees:	D = Diciduous E = Evergreen
Ilex opaca American Holly	E	Sm./Med. to 25'	Sun/Pt. shade
Amelanchier arborea Serviceberry	D	Medium to 20'	Part shade
Amelanchier canadensis Serviceberry	D	Medium to 20'	Part shade
Carpinus caroliniana Musclewood	D	Medium to 20'	Shade/Pt. sun
Asimina triloba Paw Paw	D	Medium to 25'	Sun/Pt. shade
Resculus pavia Red Buckeye		Medium 20-25'	Sun
Alnus glutinosa Black Alder	D	Medium 20-25'	Sun/Pt. shade
Magnolia tripetala Umbrella Magnolia	D	Medium 30-40'	Shade/Pt. sun
Magnolia virginica Sweetbay Magnolia	D	Medium 30-40'	Sun/Pt. shade
Betula nigra River Birch	D	Med/Lg. 30-50'	Sun/Pt. shade
Nyssa aquatica Water Tupelo	D	Med./Lg. 30-50'	Sun/Pt. shade
Nyssa sylvatica Black Tupelo	D	Med./Lg. 30-50'	Sun/Pt. shade
Picea glauca White Spruce	E	Med./Lg. 30-50'	Sun/Pt. sun
Quercus lyrata Overcup Oak	D	Med./Lg. 30-50'	Sun
Taxodium ascendens Pond Cypress	D	Med./Lg. 30-50'	Sun
Taxodium distichum Bald Cypress White Cedar, Eastern	D	Med./Lg. 30-50'	Sun
Thuja occidentalis Arborvitae	E	Med./Lg. 30-50'	Sun
Dlospyros virginica Persimmon	D	Med./Lg. 35-50'	Sun
Fraxinus nigra Black Ash	D	Med./Lg. 40-50'	Sun/Pt. shade
Fraxinus caroliniana Carolina Ash	D	Med./Lg. 40-50'	Sun/pt. shade
Magnolia macrophylla Big Leaf Magnolia	D	Med./Lg. 40-50'	Shade/Pt. sun
Gleditsia triacanthos Honey Locust	D	Large to 50'	Sun
Quercus phellos Willow Oak	D	Large 40-50'	Sun
Quercus muelenbergii Chinkapin Oak	D	Large 40-50'	Sun
Quercus bicolor Swamp White Oak	D	Large 40-60'	Sun
Quercus palustrus Swamp Oak Pin Oak	D	Large 40-60'	Sun
Thuja plicata Western Red Cedar	E	Large 40-60'	Sun
Acer rubrum Red maple	D	Large 50-60'	Sun
Fraxinus pennslyvanica Green Ash	D	Large 50-60'	Sun
Fraxinus quadrangulata Blue Ash	D	Large 50-60'	Sun
Liquidambar styraciflua Sweet Gum	D	Large 50-60'	Sun
Quercus nigra
Water Oak	D	Large 50-70'	Sun
Plantanus occidentalis American Sycamore	D	Large 50-75'	Sun/Pt. shade
Shrubs for Buffer Areas:
Hydrangea arborescens Smooth Hydrangea	D	3'	Shade/Pt. sun
Fothergilla gardenii Dwarf Fothergilla	D	3'	Sun/Pt. shade
Rhododendron viscosum Swamp Azalea	D	3'	Shade
Rosa virginica Virginia Rose	D	4'	Sun/Pt. sun
Clethra alnifolia Summersweet Clethra	D	4-8'	Sun/Pt. shade
Hydrangea quercifolia Oakleaf Hydrangea	D	5'	Pt. Sun
Itea virginica Sweetspire	D	5'	Sun
Rhododendron arborescens Sweet Azalea	D	5'	Shade
Dirca palustrus Leatherwood	D	5'	Shade
Viburnum cassinoides	D	5-6'	Sun/Pt. shade
Rhododendron vaseyi Pinkshell Azalea	D	5-8'	Shade
Ilex cassine Dahoon Holly	E	6'	Sun
Leucothoe fontanesiana Drooping Leucothoe	E	6'	Shade/Pt. sun
Physocarpus opulifolius Ninebark	D	6'	Sun/Pt. shade
Ilex verticillata Vinterberry Holly	D	6-8'	Sun
Viburnum alnifolium Hobblebush	D	6-9'	Shade
Aronia arbutifolia Red chokeberry	D	6-10'	Sun
Sambucus canadensis Elderberry	D	6-10'	Sun/Pt. shade
Vaccinium corymbosuml Highbush Blueberry	D	6-10'	Sun/pt/sun
Cephalanthus occidentalis Button Bush	D	6-10'	Sun/Pt. sun
Lindera benzoin Spicebush	D	6-10'	Sun/Pt. shade
Cornus sericea Red Osier Dogwood	D	7-9'	Sun/Pt. sun
Fothergilla major Fothergilla	D	8'	Sun/Pt. shade
Ilex glabra Inkberry Holly	E	8'	Sun
Baccharis halimifolia Groundsel Tree	E	8-10'	Sun
Clethra acuminata Cinnamon Clethra	D	10-15'	Sun/Pt. shade
Cyrilla recemiflora Swamp Cyrilla	D	10-15'	Sun/Pt. shade

 

Perennials:
Butterfly Weed	Ascleplas tuberosa
Swamp Milkweed	Asclepias spp.
New England Aster	Aster noveangliae
Fall Aster	Aster spp.
Coreopsis	Coreopsis spp.
Joe Pye Weed	Eupatorium dubium
Swamp Sunflower	Helianthus angustifolius
Sunflower	Helianthus spp.
Rose Mallow	Hibiscus moscheutos
Cardinal Flower	Lobelia cardinalis
Giant Lobelia	Lobelia siphilitica
Loosestrife	Lysimachia clethroides
Bee Balm	Monarda spp.
Water Forger-Me-Not	Myosotis scoparius
Mexican Primrose	Oenothera speciosa
Black Eye Susan	Rudbeckia fulgida
Hardy Verbena	Verbena canadensis hybrids
Iron Weed	Vernonia noveboracensis
Bog Plants
Sweet Flag	Acorus calamus
Flowerinf Rush	Butomus umbellatus
Bog Arum	Calla palustrus
Marsh Marigold	Caltha palustrus
Spike Rush	Eleocharis acicularis
Horsetail	Equisetum hyemale
Water Iris	Iris laevigata
Yellow Flag Iris	Iris pseudoacorus
Blue Flag Iris	Iris vericolor
Southern Blue Flag	Iris virginica
Rush	Juncus spp.
Golden Club	Orontium aquaticum
Hardy Arum	Peltandra virginica
Pickerel Weed	Pontederia cordata
Arrowhead	Sagittaria spp.
Pitcher Plant	Sarracenia spp.
Lizards Tail	Saururus cernuus
Soft Stem Bulrush	Schoenoplectus validus
Common Threesquare	Scirpus americanus
Cordgrass	Spartina alterniflora
Cattail	Typha spp.

 

APPENDIX 7-D. DEVELOPMENT PROCESSES FLOW CHART

Appendix 7-D

APPENDIX 7-E. HISTORIC DISTRICT BOUNDARIES

Appendix 7-E Historic District Boundaries:

1.   Montford Historic District

BEGINNING at a point on the northeast corner of the junction of Cherry and Flint Streets; thence north along the east side of Flint Street approximately 200 feet; thence approximately east to a point on the east side of Rankin Avenue approximately 125 feet south of the junction of Starnes and Rankin Avenues; thence continuing east approximately 175 feet to a point in the block bounded by Rankin Avenue, Cherry Street, Starnes Avenue, and Broadway; thence north to a point on the north side of Starnes Avenue midway between Rankin Avenue and Broadway; thence west approximately 100 feet to a point on the north side of Starnes Avenue; thence north to the north side of Elizabeth Street taking in all structures on the east side of Rankin Avenue; thence west approximately 125 feet to a point on the north side of Elizabeth Street; thence north bisecting the block bounded by Woodlawn Avenue, Rankin Avenue, West Chestnut Street, and Elizabeth Street taking in all the houses on the north side of Elizabeth Street west of Rankin Avenue and the east side of Woodlawn Avenue; thence west approximately 50 feet to a point on the north side of West Chestnut Street; thence north along an unnamed alley to a point on the north side of Magnolia Street; thence west along the north side of Magnolia Street to the point on the northeast corner of the junction of Magnolia and Flint Streets; thence north along the east side of Flint Street to a point on the north side of Ocala Street; thence north and east in a curve taking in all houses on the east side of Ocala Street, the Greek Community Center property, and the houses on the west and north sides of Cumberland Circle and Cumberland Avenue to a point on the north side of Catawba Street approximately 100 feet from the junction of Cumberland Avenue and Catawba Street; thence west approximately 100 feet to the northeast corner of the junction of Catawba Street and Cumberland Avenue; thence along the east and north sides of Cumberland Avenue in a curve to the point on the east side of Zillicoa Street at the junction with the line marking the point of elevation 2,100 feet; thence to the north, west and south along the 2,100 feet line to a point on the east side of Montford Avenue approximately 300 feet north of the junction of Montford Avenue and Zillicoa Street; thence north along the east side of Montford Avenue to the point on the northeast corner of the junction of Montford Avenue and Santee Street; thence west along the north side of Santee Street to the point on the northwest side of the junction of Santee Street and Pearson Drive; thence south along the west side of Pearson Drive approximately 800 feet; thence west approximately 300 feet; thence south to a point approximately 200 feet west of the junction of Tacoma Street and Pearson Drive; thence south and east in a curve to a point approximately 100 feet north of Hawthorne Road and 125 feet west of Rosewood Avenue; thence south approximately 600 feet to the Riverside Cemetery property line; thence west, south and east in an irregular line following the property line for Riverside Cemetery to a point approximately 100 feet south of Birch Street; thence east and south in a curve to a point approximately 200 feet west of the junction of Courtland Avenue and Pearson Drive taking in all structures on the south side of Birch Street and the west side of Pearson Drive; thence east approximately 225 feet to a point at the west side of the junction of Courtland Avenue and Courtland Avenue Extended; thence south, east and north in a curve around Arborvale Avenue including all structures on the south, east and north sides of Arborvale Avenue, to a point approximately 150 feet south of Courtland Avenue; thence east to the east side of an unnamed alley behind the William Randolph School to include all structures on the south side of Courtland Avenue; thence in a curve around the William Randolph School following the property line to a point approximately 150 feet west of Montford Avenue; thence south to a point on the south side of Hill Street including all structures on the west side of Montford Avenue; thence approximately 150 feet east to the junction of Hill Street and Montford Avenue; thence approximately 150 feet east to the junction of Cherry Street and Montford Avenue; thence along the south side of Cherry Street to the point of beginning.

Including a parcel with boundaries described as follows:

BEGINNING at a stake in the intersection of the southern margin of Courtland Avenue with the western margin of Pisgah Avenue, and runs with the western margin of Pisgah Avenue south 37 Degrees 8 minutes west 50 feet to a stake in he western margin of Pisgah Avenue; thence north 64 Degrees and 40 minutes west 136.7 feet to a stake in the southeastern margin of Long Street; thence with said margin of Long Street north 42 Degrees 11 minutes east 50 feet to a stake in the southern margin of Courtland Avenue; thence south 69 Degrees 48 minutes east with the southern margin of Courtland Avenue 132.45 feet to the beginning, being Lot No. 1 of Block "D" of the plat of lands of Arborvale Park, made by F. J. Fanning(,), Civil Engineer.

Further, all properties listed on the National Register of Historic Places as part of the Montford Historic District which lie within the above described boundaries shall also be included in the Local Montford Historic District.

2.   Biltmore Village Historic District

All lot references herein are to Ward 7, Sheet 2 of the Buncombe County tax maps, unless otherwise indicated, and are identified on maps kept on file in the City of Asheville Planning Department. The lots will be further identified by the lot number for the Buncombe County tax maps of the ward and sheet.

BEGINNING at the extreme southwest corner of Lot 45, being the northeast corner of the intersection of the department of transportation right-of-way for Hendersonville Road and Lula Avenue; thence in an easterly and southeasterly direction along the northern boundary of Lula Avenue to the extreme southeastern corner of Lot 46-1/4; thence traversing Reed Street in a southeasterly direction to the extreme southwestern corner of Sheet 3, Lot 60; thence northerly along the eastern margin of Reed Street, traversing Warren Avenue, to the southwestern corner of Lot 100-1/4; thence southeasterly approximately 60 feet along the southern boundary of lot 100-1/4 to the southeastern corner of lot 100-1/4 thence southeasterly approximately 163 feet along the southern boundary of Lot 100 to the northeastern corner of Lot 101; thence southerly approximately 124 feet to the southeastern corner of Lot 101; thence easterly approximately 190 feet along the southern boundary of Lot 100 to the southeastern corner of Lot 100; thence northerly approximately 99 feet to the northeastern corner of Lot 100; thence northeasterly traversing Brook Street to the extreme southeastern corner of Sheet 30, Lot 260; thence northerly along the eastern boundary of Sheet 30, Lot 260 to the extreme northeastern corner of sheet 30, lot 260; thence northeasterly traversing Fairview Road to the extreme northeastern corner of Lot 109; thence northwesterly approximately 415.5 feet along the northern boundary of Lot 109 to the northwestern corner of Lot 109; thence northwesterly, traversing an unnamed alley, to the northeastern corner of Lot 115; thence northwesterly along the northern boundaries of Lots 115, 113-1/2, 117, 118, 119-1/4, 119, 129 and 129-1/2 to the northwestern corner of Lot 129-1/2; thence northwesterly traversing Hendersonville Road to the extreme northeastern corner of Lot 2-3/4; thence northwesterly along the northern boundary of Lot 2-3/4 to the extreme northwestern corner of Lot 2-3/4 at the intersection of Lot 2-3/4 with the southern boundary of the Swannanoa River; thence southwesterly following the southern boundary of the Swannanoa River to the extreme southwestern corner of Lot 2-3/4; thence southwesterly, traversing an unnamed alley, to the northwestern corner of Lot 254; thence easterly along the northern boundary of Lot 254 to the intersection of Lot 254 with the McDowell Street Viaduct; thence southeasterly along the western boundary of the McDowell Street Viaduct to a point where the McDowell Street Viaduct, Lodge Street and All Souls Crescent intersect on the southern boundary of Lot 254; thence southerly, traversing Lodge Street, to the northeast corner of Lot 14- 1/2; thence westerly approximately 50 feet to the extreme northwestern corner of Lot 14-1/2; thence southerly approximately 100 feet to a common corner of Lots 14-1/2 and 11; thence westerly approximately 50 feet to another common corner of Lots 14-1/2 and 11; thence southwesterly approximately 60.48 feet to another common corner of Lots 14-1/2 and 11, being the extreme southeastern corner of Lot 11; thence southerly approximately 822 feet along the eastern boundary of the town limits of the Town of Biltmore Forest and the western boundary of Lots 14-1/2, 32, 34, 36, 271, 40, and 42, to the southwestern corner of Lot 42; thence, continuing southerly along the western boundary of Ward 7, Sheet 3, Lot 86 to its intersection with Vanderbilt Road; thence northeasterly along the common boundary of Ward 7, Sheet 3, Lot 86 and Vanderbilt Road; thence southeasterly, traversing Hendersonville Road, to the extreme southwestern corner of Lot 49; thence easterly to the northwestern corner of Lot 45; thence southerly approximately 123.5 feet to the southwestern corner of Lot 45, the point and place of beginning.

3.   Albemarle Park

All lot references hereinafter are to Sheet 15 of Ward 2 of the Buncombe County tax maps, unless otherwise identified, and are shown on maps kept on file in the City of Asheville Planning Department.

BEGINNING at the intersection of Charlotte Street and the northern fork of Cherokee Road and being the southwestern most corner of Lot 98 and running thence northerly along the eastern margin of Charlotte Street to the northwestern corner of said Lot 98; thence easterly and northeasterly approximately 608.5 feet along the northern boundaries of Lots 98, Lot 97 and Lot 96 to the northwestern corner of Lot 31-1/2; thence northeasterly and southeasterly approximately 401.55 feet along the northern boundaries of Lots 31-1/2 and Lot 68 and along the southern margin of Canterbury Road to the northeastern boundary of Lot 68; thence crossing Canterbury Road to the northwestern most corner of Lot 101; thence easterly along the northern boundary of Lot 101 to its northeastern corner; thence southerly approximately 33 feet to the intersection of a point on the eastern boundary of said Lot 101 with the northwestern most corner of Lot 52; thence easterly to the northeastern corner of Lot 48; thence southerly along the eastern boundary of said Lot 48 and the western margin of Sunset Drive approximately 168.8 feet to the intersection of Sunset Drive and Cherokee Road at the southeastern corner of said Lot 48; thence southwesterly crossing Cherokee Road to the northeastern most corner of Lot 45; thence along the western margin of Sunset Drive and along the eastern boundaries of Lots 45, 44, 42, and 41 and continuing along the western margin of Sunset Drive to its intersecting with a point in the southern boundary of Lot 39; thence along the southern boundary of lot 39 approximately 75.5 feet to its southwestern corner; thence westerly approximately 386.2 feet along the southern boundaries of Lots 38, 37, 36 and 35-1/4 to the southwestern corner of Lot 35-1/4; thence westerly approximately 544.93 feet along the southern boundaries of Lots 34, 33, 32, 78, 79 and 82 to a point in the southern boundary of Lot 82 which is the northeastern corner of Lot 80; thence southerly approximately 80.7 feet to the southeastern corner of Lot 80; thence westerly approximately 166 feet to the southwestern corner of Lot 77; thence crossing Orchard Road to the southeastern most corner of Lot 93; thence westerly along the southern boundaries of Lots 93, 92 and 94 to the northeastern corner of Lot 72; thence westerly along the northern boundary of Lot 72 to its northwestern corner which is also the southwestern corner of Lot 71; thence northerly along the western boundary of Lot 71 to its northwestern corner; thence easterly along the northern boundary of Lot 71 to its northeastern corner; thence northeasterly traversing Hillside Walk to the southeastern corner of lot 91; thence along the eastern boundary of lot 91 to its northeastern corner; thence westerly along the northern boundary of lot 91 to its northwestern corner; thence northerly along the western boundary of lot 70 to its northwestern corner; thence easterly along the northern boundary of lot 70 to its northeastern corner; thence southerly along the eastern boundary of lot 70 to the intersection of said eastern boundary with the western margin for Orchard Road; thence northeasterly along the western margin for Orchard Road to its intersection with Cherokee Road; thence northwesterly along the southern margin for Cherokee Road and southwesterly along the southern margin of the southern fork of Cherokee Road to its intersection with the eastern margin of Charlotte Street; thence northerly along the eastern margin of Charlotte Street, running along the western boundary of lot 121 and along the terminus of the northern fork of Cherokee Road to the point and place of beginning. This description includes all of the property shown on the plats recorded in Plat Book 198 at pages 178 and 178B and in Plat Book 154 at pages 104B (#2) and 104C (#3) of the Buncombe County Registry, save and excepting therefrom those parcels identified as "Public Garage," "Fir Tree," "Locust," "Rose Bank" and "Club," all shown on the Buncombe County tax maps as lots 73, 72, 91 and 99 of sheet 15 and lot 86-1/2 and a portion of lot 84 of Sheet 16, but specifically including extensions of those lots identified as "Manzanita" and "30" as shown on the above-referenced plats, with said extensions specifically shown on that plat recorded in Plat Book 19 at page 67 of the Buncombe County Registry.