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THECITYOF ASHEVILLE STAFF REPORT CCouneit Meeting Date: September 10,2019, ‘Subject: Conditional Zoning Request fo 72 Broadway Stroct and 61 & 67 North Market Street (Creato Broads) ‘Staff Resources}: _Tecld Okolchany, AICP, LEED AP NO, Planning & Urban Design Director Jessica. Bernstain Urban Planner I ‘Action Requested: Considr adoption ofa contonal zoning peton for property curently zoned. ‘Cental Business Distt (CD) to Cental Business Distct Expansion Concitonal Zone (CBD EXP CZ) Project Location and Contacts: The project te consists of three parcels wth a combined area of 0.56 aces located at 72 Broacvay Stoel and 61 and 6 North Market Steet (PINS 9649,47-2358, 8467 41-3451 anc {8460 .41-3968) owned by SER Investment Company and Broadway Lat LLC. ‘© Potitoner: Biju Patel Contact: Chris Day Summary of Petition: "+The proposal is fora new minadtuse building containing 138 hota rooms, 37 residential nite (eluding affordable an ivelvork us, approximately 1,187 square foot fretal ‘pace, and acaional restaurantbarspaco whi te bling associated withthe hote! +The pein incu a rezoning via conditonal zoning from Cantal Business District (CBO) to Central Business Distt Expansion Conditional Zone (CBD EXP CZ) due to the lodging Use, which is prohited inthe CBD zoning isvict The Future Land Use catagory Is Downtown, where lodging and mixed-use “developments are parited as dasrbed in the Comprahansive Plan Consistency section of is report ‘There are two small buikings thal would be ramoved if approved, both ae contibuting rascures i the Downtown National Register District (but in 1847 and 1834, respectively) but nether s noted as being idiguallysigolfeant Tho building is shown as nine stoniss witha height of 7 fet (approximately 88 fet to the top of th rot. +The project includes compliant 12 foot wide sidewalks on both frontages, both of which ars considered "key pedestan streets” Both frontages provide soot ove, ‘©The proposal includes a mid-lock pedestrian connection along the north face of the bulding with a wieth between si and 10 foc. ‘+ Vehicular accoss tothe development i a single driveway from North Market Street that provides acoese to approximately 126 structured parking spaces (parking only requed forthe lodging use ata range between 69-138 spaces). Guest crop-ff for the Hte use 's intemal tothe bulking as prescribed by the Unifd Development Ordinance, withthe lobby located onthe tp level maintain acve commercial space along the groundevel {fetal space on Broadway and vatwork units along North Market Stee). ‘+ Two exsting curb cuts along Broadway willbe eliminate, and wth this ection there isthe ‘oseliy fo gan some on-street parking, One cvaway cut wll remain on North Market Steet ‘+ Thore is «portion ofan exsting aly that dead-ends within the projet site. The closure ofthe end poron ofthis rghtot-nay is fllawing the Cys process and will neoeslate ‘ction by Cy Counc, ‘+ Design and operational standards for downtown projects are alm, providing active pedestian-fndly uses along the ground love, set wall step-backs, upperievel active "oof decks and compliant fenestration on ll facades. Adtionel design elements proposed by the applicant include at splays along theintomal walkway, 2 mural pce ‘on tha un-enastated potion ofthe facade where the elevator shaft i ated, dedicated ‘Unis for arts and resident access fom Nort Market Stet, The appscant is sooking an art gallery tobe placad on the Broadway frontage to align withthe developing Broadway As Condor Dist. City Market (seasonal farmer's market) operates Saturdays, Api through December, the ‘vehicular access point into this developments impacted bythe fotpaintof the market ag role in the Compatbiity Anatysis secon of this report 1 The project was reviewed by the Downtown Commission on July 12,2088, concerns were expressed, including the negative impacts fom the uso of ex insulaon and finish system (EIFS) (possibly mitigated with wrapscreening at Key points dung the construc process), te vale of adltonal bik along the Broadway frontage for compattity and harmony, waste management, the need fr addtional sifedable resident unite hghaut deantoun and these of hota the Community n goneral. See attached minutes for addtional information. +The Planing & Zoning Comission voted unanimously to support the proposal at their ‘meeting on August 7, 2019. Publ comment was hears regarding concer foimpact to the Ciy Market, the need fr more affordable housing downtown, te leging wee and parking impact, +» Tho applicants not requesting any variances forte project du to any issues complying with Cty standards; however, they ar offering the folowing (see atachod B1 condlans stor farther deta): Atleast si ofthe renal uns wil be dedloted as affordable at 60% ares median incom (AMI) in perpetuity and designated a Yor creatives. Also one fr-salo Unit and two velwerk for-sale unis wil be dedicated ae affordable for 60% AMM ‘© An easemont for public 2ozess willbe dedicated folowing the pedestian walray across the project ste. ‘©The portion of the aly that is within th projec site wil flow the City's closu process including review by the Multimodal Commission and Cty Cound ‘©The applicant wil prove an upgraded transit shelter nthe vein ata location to be determined by the Transporation Department. © Best practices wil be employed during constuction to minimize the impacts of the EIFS application process. ‘Comprehensive Plan Consistency: ‘* Ths proposalls conslstnt with tho Living Ashovile Comprohonsive Plan in tha the Downtown Future Land Use category encourages mxeduise developments prioizing pedestian Infrastructure and connect, proposes avarey of active commercial spaces anc provides for bath market-rate and affordable reeigental options ‘+ The comprehensive plan suggests creating Downtown character distets and elevating the ats ‘and this project aligns wit hat dea by using complementary materials ad supporting tats as eserves above. ‘+The plan also acknowledges that while lodging and hotels are part of what makes Downtown the primary commercial conta of the ety, they "must be considered in context with other {evelopment so thatthe variety and mix of uses, which give downtown Is cstv character ls ‘ot compromised” (p. 329). By inorporating ami of uses within the same bulzing, the proposal ‘ook to moat he goa '¢ Tho Resliont Economy socion ofthe plan notes the project desicates nine units. ‘¢Thore is @ goal inthe Healthy Community section to promote and support access to farmer's market, 1 for mare afore housing: tis compatibility Analy ‘Tho proposal provides a mix of uses and integrates them vitin one structure, including parking. ‘2 Ground level spaces on both stret frontages are reserved for acve commercial uses. ‘+The dosign and materials incorporate brick onthe lower loves to miro: th charecer of ther bistric bldings inte vicinity ‘+ Widened sidewalks are provided on bot frontages and two essing cur cus are aliminatod, enhancing the pedestrian realm, The walkway provided across the noch side ofthe bung provides mi-bock connectivity. ‘+ Due tothe design of sta and bulding laments, the structure and design is considorod compatbie in this urban locaton and the height is milgated through materials on te lower levels and facade stepsbacks, ‘+The vehicular access paint on Market treat would negatively impact the Cy Macket operations left pen for resident and hotel quest access. Saf recommends that the existing pac for special evens be folloed where vehicular access i esricted (except fr emergency veces), Similar to al other properties wihin a special event boundary ‘+ Saf and the City Market organizers could explore a procoss for identiying a possible atomative rocaton; however, this would not be @ quick o simple process and may require modiioaton of exiting pokes, Council Goals): ‘2 AWellPianned and Livable Community ‘© Quaity Aforabie Housing ‘© Transporation and Accessibity Commiteo(s): ‘© Technical Review Commies (TRO) - August 8, 2019 - approves wth conditions ‘© Downtown Commission - July 12,2018 - approved design review (3) {> Muitanada! Commission frrelated alley closure - August 28, 2019 - recommended approval (4-3) ‘© Planing and Zoning Commission - August 7, 2018 - recommended approval (7-0) Staff Recommendation: ‘Staffs thal the mix of uses and project designs compatbe with tho raqulrements of the Zoning dtc, design standards and guidlinos and the Living Ashevile Comprehensive ian. ‘© By reducing eub cuts, integrating sttuctued parking, commiting toa transk shelter upgrade in the vein, providing a mi¢-lodk pedestrian walla, acvaing the ground lavel and including dedicated afordablo units, the projct meets Ciy goals on comedy, pedestrian saety and Inereased housing options downtown, ‘+ Slat does not nave objective citera to apply in determining whether there is a needvalue for additional hotel rooms nor for evalating whether there ae potential impacts caused bythe lodging use, ‘Suggested Motion to Approve: ‘Move to approve the condtonal zoning request for the project known as Create Broadway from Cental Business Distrit (CD) to Cental Business Expansion Distict (CBD EXP C2) fr he Constracion of a new mixed-use buleing and find thatthe requests reasonable, is inthe publ Interest, and is consistent wth the cys comprehensive plan, in that: the Downtown Future Land Use eatogory of the Living Ashavile Comprahensve Plan anticipates a mix of uses, ineluding edging; 2) te projet enhances the pedestrian exoerience with widened sidewalks, 3 ble walkway Detween the biok faces and ground floor spaces that are reserved for active Commercial uss; 3) the proposal incorporates affordable residential units dedicated in perpetly, fd, 4) the projec compatible withthe surounding ‘Atachment(s) (1) Exhibit A Map - Existing Zoning (2) Exhibit At Map - Proposed Zoning (3). Exhibit B Map~ Aerial (4). Exhibit C- Ste Plans and Elevatons (5) Exhibit Bt Uist (6) TRC Comments (7) Planning & Zoning Commission Minutes (@). Panning & Zoning Commission Recommendation Form (Downtown Commission Minutes (10) Ordinance City of Asheville - Exhibit A Map >. wl Conditional Zoning - Create Broadway ProlectName; Create Broadway Project Number, 19 -02982 PZ Project Description: CZ from CBD to C8D-EXP Cz Petitioner: Biv Patel Parcel ID Numberls): 9649-41-2358; 3451; 3955 Location/Addess; 61 & 67 Norin Market and 99999 Broadway tm [Tre Cee on int ‘SITE. Vicinity Map a» City of Asheville - Exhibit Al Map (Sim: Conditional Zoning - Create Broadway - Proposed Zoning ProjectName; Create Broadway Project Number. 19 -02982 PZ Project Description: CZ from CBD to CBD-EXP CZ Petitioner: Biju Patol Porcel ID Numberls|; 9649-41-2358;-3451; 3355 Locollon/Address: 61 & 67 North Market and 99999 Broaoway ein Irene ede rn Vicinity Mop City of Asheville - Exhibit B Map Conditional Zoning - Create Broadway Project Name; Create Broadway Project Number. 19 -02982 PZ Project Desctition: CI trom CBD to CBD-EXP CZ Petitioners: Biv Patol ParcelD Numbers): 9649-41-2358; 3451; 3355 jocation/Address: 61 & 67 North Markot and 99999 Brocdway EXHIBIT B.1 CONDITIONS - Create Broadway ‘The zoning for the parcels at 72 Broadway Steet and 61 & 67 North Market Streets, (PINs 9649,41-2358, 9467.41-3451 & 9469.41-3358) Is Central Business District Expansion District Conditional Zone. ‘The new bulling wil have 37 residential units, @ maximum of 138 lodging rooms and commercial spaces wit atleast 1.187 square feet alon the around levels on Broadway “The building is nine loves wlth a height of 74 fet (epproximately 88 feet tote top ofthe reo. The project includes dedicated affordable unis (atleast 24% of total residential units) Including ‘Six ofthe residential rental units willbe dedicated in perpetuity as affordable to individuals o faies earning ator below 60% of area median income (AMI; One for sale condo unit willbe dedicated as affordable to an individual or farily ‘earring a or below 60% AMI fora period of 50 years; €. Twalivalwork for sale condo units will be dedicated as affordable to individuals or families ator below 60% AMI for a pariod of 50 years; 4, 13 market rate one bedroom units; an, fe, 18 market rate two bedroom units {Housing choice vouchers will be accepted forthe affordable unis. ‘The rent and Income shall folow the Affordable and Workforce Housing Standards termined annually by the City of Asheville Community Development Department. An ‘Afordabla Housing Deed Restriction wl be provided by the City and shall be filed and recorded by the applicantproperty ouner In the Buncombe County Rogister of Deeds prior tothe project receiving the final zoning permit “There Isa single driveway from North Market Street that provides access to between 4120-130 structured parking spaces. Guest drop-off for the lodging use is internal with the lobby atthe top level ofthe building to maintain active commercial spaces along the ground-level. “The project cludes compliant twelve-foot wide minimum sidewalks on both frontages vith stroettroso 00 chown on plane. Sidowalke will maintain eight feet of pedestan zone ‘lear from any encroachments. ‘There is @ mid-block pedestian connection along the north face ofthe bullaing with 2 ‘width between six and ten feet. An easement providing public access willbe shown on. plans and recorded prior to Certifeato of Occupancy (CO). ‘The project design complies with all design and operational standards required for development in tis zoning istrict and has been recommended for approval bythe Downtown Commission, Any deviation from design or materials may require addtional review by the Commission. Best practices wil be employed during construction and application ofthe EIFS surface, 8, Applicant will provide an upgraded transit sheltor (with trash can, bench, map holder) as ‘an amenity forthe developments residents, quests, and employees ata location in the vielrity of the project, tobe determined by the Transportation Depariment and in place prior to CO, 9, A separate process Is requited for closure ofa portion ofthe alloy that les within the project area, Approval of the closure by City Council is required prior to issuance of a zoning pert. 410. Bus passes willbe provided by the developerioperator fr all employees of the hotel who ‘make the requestichoose to use public transportation. 41. Pedestrian routes willbe maintained during construction. Any unexpected or periodic clisrupton wil be subject to review by the appropriate Cty staff and wil minimized tothe extent possible, 412. The City Market will nat be disrupted during the construction process. Any unexpected or periodic deruption willbe subject o review by the appropriate Cty staff and will ‘minimized to the extent possible. 18. Non-emergency vehicular access to the development wil be from the alley rather than the primary driveway on North Markel Street during the times of road closure associated With the City Market in its current configuration on North Market Steet in front of the project site, and will need to be managed by the developerioperator. 414. Signage will be permitted separately and will comply with allowances forthe Central Business Ditret as noted in the city’s Unified Development Ordinance (UDO) 416, The building design, site design and orientation on silo must substantially comply with the approved sit plan and elevations which are incorporated herein by reference. Any major deviations from these plans wil require & rezoning 416. All legally required loca, state, and federal permits and approvals must be obtained prior {initiation of construction and any pertinent legal requirements shall be met 47. The candllonal zoning willbe valid fora period of two years from the date of approval by City Council. fa building permits not obtained within two years, the approval will no longer be valid TRC COMMENTS To: ‘TRC Members and Project Applicant Date: May 20, 2019 (meeting dato) Prepare ev: Jessica Bornstein, Urban Planner ih APPLICANT: Biju Patel ‘SUBJECT: Condlional Zoning - Create Broadway | 19-02982PZ (ERERECSREIGARIORIT] 92 mre nto ra Cass ‘Summary Statement: RRequost fo review conceptual plans forthe constuction of now mixed-use bullding a 61 & 67 North Market tnd 72 Broadway Stoes. Te project Ie considered as a conditional zoning request pursuant to Sections 727.8 and 78-40 ofthe UDO from Cantal Business Distt (CBD) to Central Business District Expansion (cB0 EXP) Distt ‘The subject prope (PINS 9648-41-2358, 9648-41-3451 & $649.41-3355) are curently owned by S &R Invstment Company and Brosdway Lot LLC; the applicant Is Bu Pata andthe projct contacts Chis Day. PLANNING: APC BIO “Mare nfomalion needed to determine comptance wit design and operational standards 7-240} ‘2A iret wall top backs proved atthe second evel (needs to be 10 wide for % ofthe lengh of te facade - das not appear tobe mel, mare caificaton needed); Mer deta ‘needed on extent of conden COMPLIES 1. Fenestration appears to have boon calculated by wall area but shoul be done by ier ‘calculation - upper levels appear ta comply (20%) but ground floors donot. Per epplicat, comply but sl ned plans to vesty COMPLIES 2. Broadway i 8 NCDOT-maintaned aad, Neod to detormin thre wil bean issue with approval of seat toes, No asus cause on-street parking and low speeds, Toes wil be okay. 8, {the intemal pedaetian walkway propose o be open tothe public va easomont? Please cay. Intending to be publ - waula bo a CONDITION ofthe CZ. 4. Proposal may necesita alley osure which isa separate process coordinated by Pubic Works ‘nd would be needed to be complatod per to Issuance of @ zoning part. Needs to go (0 ‘mulsmedal onmision. Has been submit and roview is underway 5, Please lnfy waste management plan, ‘TREE COMMISSION; Steet tees In Ursen Zoning Districts New wees whore sidewalk constuction i required sll pporide 8 minimum root zone area of 300 cube tof erganicaly amencod sol, or sUCtral Sot Stomatie In one of the allouing forms, |. Reinforces suspended sidewalk. contncous plating ‘rca belwmon tees minanum 4 wide H a systan of tee grates or previous paving that allows ‘rater infivation (euch aa Siva Calls) the slated 5x5 Woe grat ul not allow 300 cubl of ‘xgenio mater 7-11-30, NEW COMMENT. Steet trees wil not tvs in these condtons unless ‘Siva Cals are used 728/18 ‘TRANSPORTATION AND ENGINEERING: Andrew Gibor — 232-4586 ‘Staff Recommendation: Continue due to Traffic: Impact Study Forward to P&Z for conceptual project review (8/5/19, AC) 1} Depict the sight visibly tangle (10 fet by 80 feet) as rogue for ity of Ashevite mantaned trees at he accoss pon. Area win tiagles shall be constructed and maintained by ownor ‘veh that crose-vty a a level betwaon 3 and 10° above the steet elevation is nt obstructed (AssoM 3C.07) 2, Dimension sidewalk widths, Vary if sidewalk easement exists along Broadvay, ot one wil be Fequres, Is 9 Sdewalk easement proposed wih proposed connection between Broadway and N Market S1? Can the sgewaX between Broadway and N Markt Stbe on the aly side ofthe parcel? At previous TRC meoting development team said thay would provda documentation Fegardingsidewak connecton locaton bewoen Broadway and Markat and staf is sll wating fr {hat documentation, Assumption fs hat hi sidewalk connection willbe public and have 3 recorded casement. (1/18, AC) 2. The proposes Uulliiy mscaties is Une exist alloy sight of way i aight of way closure Fequost bean svbmitos? Right of way closure request praoss ited. (81/18, AC) 4. cli ules, toot ight, signage, paring meters, sc. on st plan to provide ational context to aid in the review, (See rolated Fre Departnant comment about pomorine relocation) Does N Market need adstona test ight per UDO spacng requrements? (81/9, AC) 5, Cocrdnata wth NCDOT regarding potental need fr patenal permits or agreements for sidewalk ‘vena, stoat toes, ele. Vorly proposed street tee placement and extension of en-toct parking on Broadway Is accptab to NCDOT. 6. ‘Al drveway connections to publ stoets must confor to Ci of Asheile Standard Speccstions ‘and Details Manual. Incide the appropiate deal cn the plans. ADA aocessbily must be ‘maintained tough the crivenay, Ske plan and standard deal should rele ely standard dang 215A 7. Pans incte 6 bieyto parking spaces but locaton Is not clot. Wal they bo publely andor pvately accossbie? To ceo bike Tack pos accepted, ao page 3-28 of he C.O.A Standard ‘Specifications and Detalls Nanval 8, Please provide a pack hour tip generation estat for te entre ste upon competion of the proposed projec to evaliate ia taf Impact sty is roqed (UDO 7-T1-6-).A atic Impact ‘yf requrad F the entipated tip generation for the proposed project ls ore than 700 ‘etiles per peak hour TIA scope i anikpated to inde review of access points, drops, Teadingfuncading acti, parking, malmodel Impacts, and constuction related impacs. Cy ‘approved the TIA scope and recehed completed TIA 10 fr ravi. NCDOT review of TIA ‘t0pe stil In process, (1/19, AC) Development team clarified that hotel drop ofs wil occur Internal othe parking garage and tal vale system may be used en the garage it floor tthe {15/19 TRC meting 9, rove a geome mansions forthe project on the sto plan: civeway apron width dive aisle ‘with, parking spaces, channelized storage, at to evaluate complance withthe ASSDM 10, Areviow of the sonetucton siaging pans, ining plan fer worker ansporaion or parking, wt be required peor o beginning the project Tha constuction staging plans st thorough dept ‘aspecs ofthe eonrcton phases including impacts to adacort and nearby tars utes, bus Stope,roadvaye, sidewalks and sets; Monty constucion staging areas and parking aoas or ‘ther transportation plans for consrcton workers ond subcontractors. This revi should bo pat ‘ot tha final TRC approval process. Taf study recommends weekly outdoer market on N Market, 't not be disuples by constuation acivites. (82/18, AC) Development team clarified that pedestrian faces wil be manlaned long the project's Broadway and Market St fontages during Eansinucon a the 6/10 TRC mosting.Temperrypodctianfoiiioe May bo covered andr use the adjacent parking spaces as nocassay (85/9) 11, Please consider a transit shelter at Broadway and Woodtn St (Stop ID: 204) as an asset for he ropoted projects employees, guess, and residents. (Condon) Relocate sip 246 (Broadway St 't Wodfn St) spprenimatly 260 foot south on Broadway’St, and construct a transit shar (th trash can, bench, map holder) ae an amenity forthe Sevelopments residents, guess, and employees (2119) ‘Standard comments; no specific response necessary "2. Aay temporary tea, lane, o idewak osu during constuction wil require a separate pesmi Contact is David Koil, kolt@achevlone gox, or 250-5176 for srost or lano closures on ‘lyrainsined streets and sidewalk cosures on silstreet. Contact NCDOT regarding any lane or ‘Steet cosures on NCDOT-maintained roadways, Anispate proving @ same-sde podostion detour for any sidowak closures +8, The developers responsi for ensuring that al facies nthe publi ight-way comply wth te nent drat Gudaines fr Padosiran Facies I the Publ RightotWay (PROWAG), avaiable on the us ‘access ‘Board ‘webste at ‘Dsedsighisotamqudsines, PROWAG refer to both a pedestian creuiaton pah and a pedestan access roe contained uit the crculaon path Nolhing, inciing soe tees oF branches, may eneroach more than four inches into the pedestrian cculton path a highs below ‘0 Inches. Ann F ‘Staff Recommendation: Approved 4, Compliance withthe NC Buldng Code vl be reviued during Bulding pei application process. 2, Allaqaad ens to aa to api way 5 Extrir wal igting to cory wih Cy of Ashevile ordnance Section 7-110. 4 Vasily nel of fra department access fr non highs deslgnation SENCY ADI 1 : Approve with conditions. wr 6/46/2049 swr 7/24/2019 Proposed new bldng assigned 72 BROADWAY ST. 2. Porto submiting for Fnal TR, grading or bung pei, provide @ unit numbering proposal ‘Street av to se 100 series nurber, second orto use 200 seres numbers and s forth (Se. 46-176). Grading, Slormuntee and Zening Perit wll ot be issued unt tho adross asignmont siemahes been approved "FIRE DEPARTMENT: Brian Ronic 251-4012 StaffRecommendation: "Secon 1 ond Cily Orénance EMERGENCY RESPONDER RADIO COVERAGE shall be provided per 2018 NC Fire Code ec, 7-7-9 Emergency Wireless Communications Bulging tobe protaed by a NFPA 13 spine systom Hydrant be within 100 af FOC Powers tobe elacatad Provide standpipe whan constuction reaches 40'inelght ‘Slandplpe connections tobe installed an intermediate endings WATER RESOURCES; Chad Pierce, 259.5420 ‘Staff Recommendation: Approve with conditions 1. A Leler of Conimitment for water service has boen isued for this project. Al terms and Conctons indicated said Later of Cammimant are appcable ta the proposed wale 2, ‘The TRC review process does not constitute an approval of he proposed watetne extension 2s watarine extnsions ar recolved and reviewed separalaly bythe Wer Resources Department. Pages submit plane for waterine extension approval othe Wistar Engineering Division fr rove, approval and porting 8, 420 feet easement 1a requred around all publidy owned and maintalned water ifastuctre. Minor landscaping improvemans, shrubs or grou cover, cn oocur within te 20 feet essere af ising of proposed publ watarnes.. Howaver, tho planing of Vees and erecting of ftnilies, sige, ee, is esbeted within hs 20 fect easement 4. Who this review does not constitute the required separate walor extension review, | ofr folowing major condions at this time, The watorine connoction wil eed to be on the 16° ‘Walon in Broadway nol he 6" waterine nN. Markt St PUBLIC WORKS: Chad Bandy ~ 259-5932 ‘Staff Recommendation: approve wiconcitions 7/29/19 1. Deserle method of ashireeying slorage (dumpsters, compactors?) how private hauler will ‘ces, and how residents and business employees wil cones wast rocplactes ‘All stormuater connection sal have a lormvater drainage stucue ar enareachment ‘Avightofway disturbance pormisrogies ‘Grate Cur ls requied tobe replaced Specily species of tees. Prafr 4X9 tro gates. Show ADA detal tal pls of acess along Sdowaks this would inclu diveway access and Dulng entrances. 7. ‘Any tranetions in sidewal that 60 net low roadway grade must meet ALA stander, 4 Plantings along Broadway must follow NCDOT requremonts. 9. Allldoualkon North Markat and Broaévay shal be replacod with Ashovlle Runring Bond wit a ‘wath of 10 fest. 10, Any Canopy wi require encroachment, Any aloony wil require args 11, ROW dosure needed for lay 12, Conse shi southern most ees 4-5 south a avoid confit with ramp at patkng entrance £3, No potion ofthe buling er foundation may extendint he public 4, na comments a thi be ‘MSD; Kevin Johnson = 225-8289 ‘Secommendation: Approve wit Condition MSD Issue a wastewater allocation approval inthe amount of 36,000 GPD far 180 Laing Units ls etal and oes space on 482018. 2, ‘his preect doss not requis separate reviow by MSO. However, sce thls wl equ @ Convecor installed sawer connection under MSD fnpacton, MSD wil require a buen drawing for Inspection purposes ‘3, Busing permts cannot bo sued unbl Sewer Sanice Applicaton has buon completed and spplicatl foos pad 4, Cartcates of Gonspancy wil not be asd unl sewer closeouts comple. In this case, oseout vil cont of NSD Inspecton Approval fr now connecion and Ban Ae-Bull Drawing from Ci Dasign Concerts. Planning & Zoning Commission Minutes City of Asheville, North Carolina August 7, 2019 @ 5:00 pm inthe ‘st Floor North Conference Room Cty Hall 70 Court Plaza \wwnuashevilane,gov (search “Planning & Zoning Commission” ‘Commission members attendina: Kar Koon, Sandra Klgor, Joe Archibald Vice Chair Tony Hauser, Chair Laura Hudson, Guillermo Rodrigue, Jim Edmonds (Commission members absent: None. ‘Staff attending: Shannon Tuch, Sasha Vetunski, Jannice Ashley PRE-MEETING “The pre-meeting was held from 4:30 to 5:00 pm in the Sth oor conference room of Cty Hal ‘Commission members reviewed staff coperts forthe projects CALL TO ORDER “The meeting was called to order by Chairperson Laura Hudson at 5:08 PN. “The Chair relayed that publle comment wil be taken for agenda tems, and that comments vl ‘be limited to 3 minutes per incvidual or no more than 10 minutes for a spokesperson of a ‘group, 2 group balng signified by 3 people present acknowledging they are coding tei time to ‘comment, -Adkitional information can alvays be submited to the Comission in vting |. ADMINISTRATIVE |A. Armotion was made by Commissioner Hauser to approve the minutes from the July 18, 2019 meeting as presented, Commissioner Koon seconds the mation. The motion passed Unanimously, 7:0. 'B, A motion was made by Commissianar Koon to approve the folowing corrected minutes: 4. Approval of revised March 7, 2018 Meting Minutos and Findings of Fact and Conckslons of {i Granting a Varancofor'360 Hiara Avenue 2, Approval of reveed May 2, 2018 Meatng Minutes and Findings of Fact and Cancuslons of Law (Graning a Variance fr 363 Hills Avenue, 3. Approval of revisod September 8, 2018 Mectng Minos and Findings of Fact and Concusions Commissioner Edmonds seconded the mation, The motion passed unanimousty, 7:0 NEW BUSINESS A, Arequest to adopt changes to Articles Il and XVI of Chapter 7 related tothe definition of kitehen and homestay standards - Planner coordinating review - Shannen Tuch Staff Presentation ‘Shannon Tuch provides background leading up tothe proposed amendment, In January 2018, Cty Counel adopted Ordinance No, 4637 which has generated lt of discussion In the Community in that it rsticted mast forms of lodging, n most af our zoning dist. “This ordinance included several new detintions making distinctions between diferent kinds of lodging, A"kichen’ is a defining feature in these new definitions of lodging so the Ordinance ‘also included a new definition of “kitchen” [Ms Tuch shows a copy ofthe redined version ofthe 2018 definition, which shows what is proposed to be removed (atrkethroughs) and what is proposed tobe addea (highs). “The revised definition would reduce @kchen to “a room used for "he preparation and cooking ‘of food" and which contains a “cooking appliance requling 240 v. outlet or gas connection’. “The new defrition would remove elements that hag previously been used to ostabish a ‘kitchen including fullsized retigerator anda standard kitchen sink [Chair Hudson asked for carifcation regarding the comment inthe staf report thatthe proposed amendment would make It easier for Accessory Duling Units (ADUs) tobe ‘converted to homestays. Ms. Tuch explains that an ADU, by definition, has three ‘components: a bedroom, a bathroom and a kitchen. Under the new definition of kitchen, you ‘only need to remove the stove and the space would no longer be classified as akichen, and if you don't have aktchen, you don't have an ADU - and this would allow the former ADU to be Used as a Homestay, Public Comment ‘The Chair opened fr pubic comment at §:10 pm (Chair Hudson asked that comments please be focused on the text amendment. Jackson Tierney - Speaking on behalf ofa group — got 3 people to give up thei time Nr Temey stated that he was a memiber of an 800+ community group known as the Homestay Network. The Homestay Network stives fr far, equitable and enforceable standards. He also stated that he was please about the revised kitchen definition and, ‘supports the changes as proposed. [Mr Tiemey goos through some history regarding the establishment of the former ordinance and explains the dferant aspects ofthe cutront dofiition [zhowing covoral graphic]. Mr. ‘Tierney also explainad thatthe Homestay Network worked collaboratively and in December of 2018 invited 8 diferent stakeholder groups to participa in a % day workshop to discuss hhomestays and came up ith a numberof recommendations. One main goal was to change the kitchen defrition to allow or greater felt to homeowners to move between long and short-term housing Public Comment closed at 5:22 Commission Discussion No discussion, Action [Motion to approve the zoning text amendment was made by Commissioner Koon and ‘seconded by Commissioner Hauser. Motion passes unanimously, 7:0. B. A request to conditionally zone threo parcels from Central Business District (CBD) to Central Business District Expansion Conditional Zone (CBD EXP C2} for the construction of a mixed-use building at 72 Broadway Street and 61 and 67 North Market Stroot. The properties are identified as PINs 9649.41-2358, 9649.41-9451 and '9648.41-2855 in the Buncombe County tax Record. The property owners aro Broadway Lot, LLC and S&R Investment LTD and the applicant Is Biju Patel Planner coordinating review - Jessica Bernstoln (presonted by Sasha Vrtunski at this meeting) ‘Staff Presentation ‘Shannon Tuch explains that Sasha Vitunski would be ing in for Jessica Bernstein, whois, the planner handing this application. ‘Ms, Vtunsk! introduces the project and orients the Commission tothe project site and goes: through the various project features. Features to note includes: "© 3 parcels, 56 acres One parcel is vacant and the other two ae occupied with smal buldings that wil be demalishes ‘Proposal fr new construction for a mixed-use project. The mic of uses has changed from the cxginal submittal and is now proposed to include a 188 room hotel 37 residential uns [6 affordable apartments, 1 affordable (forsale) condo, 2 affordable (forsale) lve-work units, and 28 market rato condo units; and 1187 sf of commercial, Fetal space. ‘©The current plan keeps the same 127 spaces as originally proposed, but the reduction In hotel rooms reduces the amount ef spaces needed forthe hotel (69), leaving 58 extra parking spaces, Most of these wil be reserved forthe residents bul thee wil bo ‘some “surplus” spaces. ‘+The project sit has frontages on N. Market and Broadway stots which currently have 12° wida sidewalks, ‘© Apedestrian connection on north side of buléing is included and the width ranges from 4-8 feet (as drain). ‘© Ailloading is intemal tothe site and there is only one driveway on N. Market St. (No ‘on street loading). Project will reduce the numberof cur cuts and remave two curb cuts on Broadway st Downtown Design Review reviewed the project on three diferent occasions and ‘worked through a numberof design features - tis project complies with all downtown {UDO regulations and design guidelines ‘© Ground lvel wil be actvated and ped friendly. ‘+ The Downtown Commission reviewed and approved the Design Review portion but Liscussad ather concems as noted inthe Minutes including = Alordable housing = Improving ratio of housing to lodging = Adequate waste management in alley ‘+ Me. Veunl shows the Commissioners the diferent axonomotic views prepared by the applicant ‘© Ms. Vitunski explains that = RROW closure must be approved to realize project - TRC approved the project ‘ith the conan that City Counell approve the closure, Ifthe closure is nat proved, the project may not move forward (as designed). =A Trafle Impact Study was dane - bath the ciy’s and the developer's tafe engineers are prosent to answer any questions = There have been some concems expressed over the impacts tothe City Market (Saturday farmer's market) = The with ofthe proposed walkway isa concom and should be a minimum of +10 wide ‘+ Stahas added some recommended condiions and invites the applicant to indcate it they are amenable to these additions “The Commission aks for claifcation: ‘¢ Chair Hudson - asks about massing raqurements, Ms. Vrtunski explains the height (148' max allowed) but this project 74 (88' to top of rf) and step back requirements have boon satisfied ‘Chair Hudson & Ms. Vrtunek further dscuss that step backs are required for light and air, and to reduce the feeling of mass atthe streat ‘Chair Hudeon asks to review parking - only required forthe notl component at arate (of + space per two rooms ~ net surplus of spaces ‘The apalicant’s team presents: Jacqueline Grant (att. with Roberts and Stevens) represents owner and introduces team (Chris Day, Civil Engineer & Peter Abbarice, Architect) ‘Project is unique - toa into consideration community needs, clizen input, and the recommendations ofthe Downtown Commission ‘© Incorporates residantal units wih affordable ‘© Consistent with the Broadway Cultural Gateway plan (Asheville Design Genter) ‘© Ms. Geant explains the mix of uses, an the changes to add more residential units and fewer hotel rooms, = Arabi units wie 60% AMI in ppeety and wil alow vouchers Hope isto keep units affordable to local artists and explain how the for-sale unis would remain affordable Wil provide annual bus passes for employees. Hope to include an ArtRetall Gallery space featuring local artists, Pledges to pay a lving wage to employees, No displacoment of tenants or business owners, ‘Will meet thor of treet parking requirement and need, wih some surplus spaces. ‘Close to services and amenties, including transit “The residential unis will be a mix of 1 & 2 bedroom units. ‘© Bolleves this project tobe diferent than other hotel projects with its incision of Housing, Affordable Housing, and an “Arts” component {Chris Day (Chil Engineer w! Givi Design Concepts) - thanks staf and volunteers ‘+ Highights change tothe mix of uses in response o eartir comments to improve the housingodging rato to include more housing Looking at contact waste management w/ smaller trucks with more frequent service Eliminates two otiveway cuts on Broadway St -leaving only one cut nN Market St Dumpster service is from alleyway Project does not require any UDO modfiatons Developer has agread to fund the transit shelter requested by Transportation stat, ‘Commissioner Hauser - asks Chris Day to explain how ingresslegrass for trash collection ‘would work, Nr, Day response that they ae stil ooking at options but would come through alley Mr Day algo explains how quest drop-off and check-in would work - Lobby space not at ‘round level Commissioner Hauser - inquires where bike parking would be located. Mr. Day shows where i could go within the garage (pointing out unusad comers where spaces andlor lockers could 90) and outside of building, of the sidewalk Potor Alberice (Architect w/ MHAWorks) Has worked for along time t refine the design, incorporating input from various parties Me Alberice goes over the design of building ‘© Cips off end of alley (but doesn’ close it... note through alley now). ‘+ Blocks langer than normal so agreed to provide @ mid-block ped connection. Looked {o locate the pod connection at the south side but realize this would create confit with service vehicles, 80 maved connection to tha northside of the bulking, ‘* Baloves the pad connection can be revised the wid 1o 6-10 feet (10' wide forthe ‘majority ofthe length, reduced to 6 for a short section) ‘Shows the flor plans and the locaton o affordable units and access points. ‘Condo owmers can buy a parking space if they choose. pen to discussion about a pubic use (of some kind) for surplus parking spaces. Explain why wallway should be on north side~ 1) to avoid confit with service ‘Yohiles and, 2) ta keep windows on the south side where there is better solar aspect. ‘+ Lve-w units ll be on M Market St, and the retail be on Broadway 8t (hopes retail wil be a gallery but can't commit yet). Displays eeveral axonometi plans - color coded to show functionuses, Displays and ciscusses the proposed mix of materials - brick masonry at lower level, above is a mix of EIFS and matal panels. ‘Displays an aerial view of building ste and shows surrounding context. ‘Displays another aerial axonometic view showing proposed building in context. No ‘existing buleings surcounding se are "highrise" s0 wanted to keep thetr building in scale and is algo nota “high rs’ ‘© Cones tat they wil screen mechanical units on root, ‘© Displays several photo-shopped street scenes with proposed building in place ‘© Displays a broad panorama of building in context with existing bulcings. ‘Commissioner Archibald - asks to clarfy whats meant regarding "masonry". "bik" on the IN, Market St side. Mr, Alberce response that he is prety sure both street frontages wil end ‘up being brick, but that the property owner hasn't made a final dacsion yet Commissioner Archibald also encourages the use ofa "cool roof, white rof, despite one ‘ofthe coraments from the Downtown Commission that expressed concer over the potenti for glare fom a white roo. For sale units wil be “affordable” but don't know at what percentage. CChalr Hudson - how dos it work when ane ofthe affordable units sells? Is the equity ‘capped? Mr. Alberce responds he doesn’ know te final details yet, and that they are st looking atthe structure, but belioves the longer that someone lives inthe uit, the batter the ‘equity percentage and refers tothe "Habitat for Humanity] modef". For sale units wil be affordable” but don't know at what percentage. Jacqueline Grant provides closing comments. “The project fully complies with all development standards, fs in with ats culture goals ofthe ‘new ADC Gateway plan, and provides housing including affordable housing. Ms, Vtunsk! summarizes thatthe projact is compatible with the Living Ashe ‘comprehensive plan and reminds the Commission that we don't have good quidelines re: the Impactstbenefts to hotels & other forms of lodging, Public Comments opened at 6:22 pum. Using the sign up lst - Chair Hudson calls David Feingold (General Manager of Blue Ridge Public Radio - 73 Broadway St) ‘© Building wil ramove existing surface parking that curently supports existing businesses, including BPR «© BPRs an important contributor othe Ashevile community and te arts eature ‘+ Impact of building could impact BPRs viablty te remain downtown - need affordable workforce parking ‘+ Requests focus on transportation and accossibilty (to parking?) Mike McCreary (Appalachian Sustainable Agriculture Project Program Menager & manager ‘of Ashevila Cty Market) 1. Clty Market has had a postive impact on Ashevill's economy 2. The development project will negatively impact the operation ofthe Market and will force the mark's footprint to eink and would lase approximately 20 vendor spaces (being conservative). 3, Project wl also negatively impact on customer parking, accoss & safety Project wl inerease the demand on avalabe parking 5. Wil raquire@ partial osure ofthe street during construction. Emily Copus (Owner of Carlina Flowers, vandorin ity Market) ‘She and other farmers rely heavily on tho City Market Bolioves there is a “Golden opportunity forth partis involved and a “great potential partnership to be explored. Market atracts many people and brings vibrancy tothe area, "Market brings postive economic impacts + imovation & creativity - please don allow it to be negatively impacted. 3 things are needed to suppot the market 1, Maka a commitment to nat displace the market - rely on consistency of customers 2. Keop the numberof vendors, don't fore shrinking the space -naed more space, not less 3, Make commitments in writing - conditions should be in the pert to keep support ‘ongoing “Doli for you" - be diferent and support the markot ‘Nicole Deleogliano (Farmar, vendor in Cy Market) Been in new location for third year, 50+ vendors Market contributes significant to farming income (25%). Need reliability and consistency Need residents to came and buy - they are the core customers and not lodgers. "Need to make market cove comfortable and welcoming. Traffic willbe an issue for customers. Many are older and need to feel sae, especially dawntown, Markets a cultural center - they are a creative destination ‘Approciate that project includes housing but only 4.5% affordable City is also tying to achieve other goals suchas food access - which market already provides, especially needed in an urban area, James Chatwin (Resident of €0 N. Market) "Not enough parking is main concem = no parking provided for workers. Building mass i too large and out of soale wth surrounding buildings. (Chale Hudson invites anyone ese, not onthe list, to speck. Leslie Simon Has ono question -if developer solls wil they be obligated to keep all condltions? Yes. Steve Kiebel ‘© What is the square footage? Bullding fs enormous... 100 large. [Chair Hudson responds that they wil answer questions atthe end of public commen). ‘= Has several concerns: Taf for quest checkin wl back up on to N. Market &t; Net ‘enough parking; 4 wide walkway i oo narrow, There are too many technical issues ‘that are unresolved. ‘¢ Non-lechnioal issues: Housing is not significant enough. Too ite affordable housing Don't need a galery Public comments closed at 6:44 p.m. Commissioners & staff answer questions and address other comments: Size of building: 163K + Mass: Don't have a FAR requlrement -have a hybrid form-based code Parking: not requked in the CBD unless you are @ hotel, one space per two rooms. Required to provide 69 parking spaces, but providing 92 forthe hotel + extra parking forthe residential ‘Adding 2-3 parking spaces added on Broadway. ‘Alley: Property to revert tothe adjacent property owners (alley land isnot owned by the city) Chair Hudson ivites the Traffic Engineer, Jeff Mooce, to explain the Trafic Impact Study ms), ‘+ TIS exiginally performed based on the orignal mix of uses, which Is more intense (new ‘nix wil dcrease the traffic volume) ‘+ aM reviews peak hours and numbers, slong with anticipated levels of service ‘© Project will ade mic delays... can be mitigated with signal timing Commissioner Edmonds - would tke to better understand the impact to the market. ‘= Peter Alberoe responds that all vendors are located on Market Stand that ro one will be losing a space because none ofthe vendars are on ther property and the driveway isnot nthe way of vendors (per market map), Mr. Alberce states that they dont want to displace the market ‘+ Mike McCreary lartes the antcpated impact -there are vendors positioned on N Market St. in rant ofthe proposed driveway. Additionally, there ar safety barricades ‘that have tobe installed a specified distance from diveways and that wil kely take ‘0ut more. Again, he estimates that they would lose at least 20 vendor spaces. ‘+ Commissioners ask ithere are other options, can the market expand elsewhere? ‘= Me McCreary explains the constraints and how hard they have looked and worked to ‘come up withthe curent plan, Developing this plan has been much harder than one may think. ‘Commissioner Archibald wants to clarify the B1 conditions: “Transit shelter - understands thatthe developer has commited to paying forthe shelter buts ‘not clear on its proposed location. ‘What about the EFIS? How i it controled? Ms, Vitunsk explains thatthe Development Services Department has explored diferent requirements ané Mr. Alberce sald they tented the builaing for his project at 45 Asheland Ave. ‘Ms, Tuch recommends that since there are several eis tothe B1 conditions that perhaps thay should be looked at sequentially, one by one Ms, Huon tusounnacs a sat bo. Commission resumes discussion regarding revision tothe B1 conditions and takes them sequently 4 -No change 2- Update the mix of uses, identify the forsale and rental units '3-Identty the percent of units that willbe affordable, at what rate, and for how long wi housing choice vouchers for he rentals. 4-Na change 5-129 parking spaces (wort commit the parking spaces for public use) 5-No change {6 Revise the widh of the walkway to be botwoon 6-10 feet - with the malority being 10 Carty walkway willbe open 24/7 and no gatos 7- Best management practices to contol EIFS wil be employed s0 that no material leaves the sito (performance based condtion) {8 Clanfy that transit shelter cation willbe set ata spot that is mutually agreeable to all partes 9-No change 40 No change ‘1-No change 42-No change 48-No change ‘Also discussed are some new conditions agreed toby the developer's representative: +14 Hotel wil provide annual bus passes to all employees 415 The projact wil maintain an acoassible ped route on oth road frontages 46 The City Marka will not be duped during construction “The Commission futher recommends tha the partes continue discussions to ensure that Impacts tothe markot will be a minimal as possibe Living wage cannat be conditioned, Closing comments fom the Commission: ‘¢ Chair Hudson - one ofthe batter hotel project, sWeet front activation, no displacement. ‘Commissioner Hauser - Encourages dovolopor to look closely at what can ba dane to lp protect and support the market. Can hotel int check-in on that day? Can hotel handle barricades? Parking should not be mandated and feels as though this makes the downtown envionment uncomfortable, Surplus parking bings in excess drivers, ‘© Commissioner Archibald - Mixed-use project with affordable is great, incl. for sale nts. Wishes project could have more afordable units. Exoess parking could be used ‘suppor those existing businesses using th surface parking tobe removed. Please Work with the market ‘Action ‘Commissioner Koon makes a motion to approve the projec subject tothe changes tothe Bt coneltions that have bean agreed to by the developer's agent (and wih te recommendation Una es eva cure ta explore how to minimize impacto the City Market. ‘Commissioner Rodriguez seconds the motion. The motion passes unanimously, 7:0 ‘Adjournment 744 pam Next Meeting ‘The next meeting ofthe Planning & Zoning Commission wil be at 6:00 p.m on September 4, 2019 Recommendation* ofthe Asheville Planning and Zoning Commission SSUBUEGT: Coster Zoiny Application ~ Croats Broodmay (OP no, 1808902 72) REQUEST: Gondtonsly rezone thee parcels fam Cantal Business Disc (CBD) to Cental Business Dine Exeansion Condtona! Zon (CBD EXP CZ) constuct @ now bulking wih lodging, rsintoh ‘and ret uss ond structured paran, RECOMMENDATION: The Planing and Zoning Commission recommended approval and voted 7-0 FINDINGS AND REASONS ‘CONCERNING. PLAN CONSISTENCY: The moon was mado thatthe Planning and Zoning Commision wou apnrove the condtona zoning request rom Canta Business Disc (CBD) 1 ContalBusinas Dstt Expansion Canditona Zane (CBD EXP C2) ‘subject the changes fo tho 81 condone that have bean agreed t by the ‘oveloper's agent and uth the recammandation thatthe developer continue {fo explore how fo mini Impacto the Oly Market and find that he request Js reasoned, Oo publc nore! and algns wh th City's ‘comprotensve plan in he folowing way: (1) the Downtoum Futur Land Use ‘atagary of tho Ling Ashovite Comprebonsie Pan atlpatas 2 be of ‘ses, clusing lodging (2) tho project enhances the pedestrian experiance ‘wth widened sizewalks, @ pubic walkway between the Nock faces ard ‘round Noor spaces reserved fr active commorcil uses; (3) the proposal ‘ncoporates affordable estentat uns daeted in pempotuty nd, (3) th projec is compte with the surounding area ‘Sasa sion ‘Staff Coorcinator: lssice Barston, Urban Plannor Heard by Planning and Zoning Commission: August 7, 2019 ote: 7-0 Mabon: Commissioner Koon ‘Second: Commissioner Reciguoe In Favor Commissioners Rediguez, Hudson, Edmonds, Archibald, Hauser, Koon anal Kilgore ‘Oppasea: Nano “This documents a tuo and sociale statement ofthe findings and recommendations of to Asheville Panning and Zoning Comission. tla azar0%9 /Ashoulte Planing ané Zoning Carnmision “hissing ade prin a NCGS 1048 easing a ploming aro roe 2 itn ‘reengineered ors iy DRAFT Minutes of July 12, 2019 Ist Floor Conference Room, City Hall, 0AM (CURRENT BOARD MEMBERS: Sage Tomer, Char Fransi Charen, Vice Char rian Hanes, Ci Council Dane Barrager Brent Campbell “Andrew Fletcher Kinberty Hunter Steven Lee Jolson uth Summers Tobias Weas Pamela Wakler DRAFT MINUTES Present; Chair Sage Tues, presiding; Viee Chai Franzi Charen, Dane Barrage, Brent Carell [Andrew Fletcher, Sten Lee Johnson, Councilman Bran Haynes, Kimberly Hunter, Tobias Weas, Pamela Winkler, Ruth Summers Absent: Brea Campbell, Franz Charen Administrative & Agenda Review. ‘Ctr Turner called the meeting toon at 833 AM. The draft minutes from June 14 were unanimously approve. EARLY DISCUSSION UPDATES ‘Asheille Downtown Association - Chair Tamer provided updates including July 4, upcoming

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