THECITYOF

ASHEViLLE
STAFF REPORT

Council Meeting Date: March 26, 2019

Subject: Conditional Zoning for 155 Biitmore Avenue

Staff Resource(s): Todd Okoiichany, AiCP, LEED AP ND, Planning & Urban Design Director; Sasha
Vrtunski, AiCP, Urban Planner ii

Action Requested: Consider a conditional rezoning petition from property currently zoned Central
Business District(CBD)to Central Business District Expansion/Conditional Zone(CBD EXP CZ).

Project Location:
• The project site consists of four parcels totalling 1.56 acres known as 155,137,129 and 123
Biitmore Avenue and PiNs 9648-48-3860, 9648-48-3740, 9648-48-3611, and 9648-49-2474("155
Biitmore Avenue").

Petitioner/Agent/Contact:
• Warren Sugg

Summary of Petition:
• The proposal is to construct a lodging facility (called Family Lodge)of 56 rooms spread across
four buildings. One new building will contain 50,207 square feet and 36 rooms, while three
existing historic houses with include a total of 20 rooms.
• The new building is five stories tail and has a parking structure in the basement(8. Lexington
entrance). There is also a restaurant on the ground floor of the new building facing Biitmore
Avenue.
• Vehicular access is from 8. Lexington Avenue for both the northern parcels (existing surface
parking)and southern parcel(new building). One historic driveway on Biitmore in front of 123
Biitmore will be left for service use, but does not connect to the rear parking lot.
• The new building will have fully compliant sidewalks(12 feet on Biitmore, 10 feet on 8.
Lexington). 8idewaiks at the historic houses will not be compliant(seven feet on Biitmore, seven
to 10 feet on 8. Lexington).
• The applicant is requesting the following conditions be approved for this proposal:
o 8ome sidewalks are narrower than normally required due to historic wails or trees. 8taff
is generally supportive of this condition,
o Courtyard - the site plan shows a deeper courtyard than usually allowed. Both staff and
the Downtown Commission is supportive of this modification,
o Number of driveways - the Unified Development Ordinance(UDO)allows one driveway
per development and this project will have three driveways(two existing and one
proposed). The front entrance on Biitmore is a historic drive and will not be a primary
driveway for guests. This development is also separated by another building that is not
part of the project; therefore, staff feels this request is reasonable.

Staff Recommendation:
• 8taff supports the proposed rezoning in that it 1) meets most standards of the Unified
Development Ordinance (UDO), 2) meets the intent of the Downtown Design Review Guidelines,
and 3)will help preserve the three historic houses and carriage house. The hotel and restaurant
will also bring visitors to an area of downtown that has been less vibrant than other areas.

Comprehensive Plan Consistency:

• in the newly adopted Living Asheviile Comprehensive Plan, the Future Land Use Map identifies
this area as Downtown. Living Asheviile reinforces downtown as the city and regional center for a
mix of uses, including hotels, residential, and a wide variety of commercial uses, it also states,
"Lodging Is essential to the mix of uses downtown and while additional lodging uses may be
appropriate, they must be considered in context with other development so that the variety and
mix of uses, which give downtown its distinctive character is not compromised."
Compatibility Anaiysis:
• The new building at 155 Biltmore is an appropriate scale for this area and will be much smaller
than the adjacent future building at 145 Biltmore (currently under construction).
• The design complies with design and operational standards as required by the proposed zoning
district with the exception of the deeper courtyard. The materials and composition of the new
building help to provide visual interest while breaking up large expanses of the facade vertically
and horizontally.
• The front courtyard of 155 Biltmore reduces its impact and will help activate the ground floor. The
rear of the building on S. Lexington also has habitable space lining the parking garage.
• The project will preserve the three historic houses, which are important to downtown's history.
• Traffic is largely limited to two driveways on South Lexington, and two driveways are being
eliminated from Biltmore Avenue.
• Residents of Lexington Station have voiced concerns about trash pickup, noise, light and the
landscaping along the S. Lexington side of the project. The developer has increased the
landscaping behind 137 Biltmore to help address this issue.
• The location of this lodging facility is in a part of downtown where there are fewer hotels; the
majority of downtown hotels are located to the north of the subject site.

Council Goal(s):
• A Well-Planned and Livable Community

Commlttee(s):
• Technical Review Committee - October 8, 2018 - approved with conditions
• Downtown Commission - October 12, 2018 - recommended denial (5-3)
• Planning & Zoning Commission - November 7, 2018 - recommended approval (5-2)

Suggested Motion:
• Move to approve the rezoning request from Central Business District(CBD)to Central Business
District Expansion Conditional Zone(CBD EXP CZ)for a lodging facility at 155,137,129 and 123
Biltmore Avenue with the requested conditions and find that the request is reasonable, is in the
public interest and is consistent with the city's comprehensive plan in that the project: 1)
encourages historic preservation and adaptive reuse; 2)is compatible with the surrounding
context; 3) will improve pedestrian access and infrastructure; and, 4)is aligned with the Future
Land Use map in the Living Asheville Comprehensive Plan.

Attachment(s)
(1) Exhibit A Map - Existing Zoning
(2) Exhibit A1 Map - Proposed Zoning
(3) Exhibit B Map
(4) Exhibit C Map - Future Land Use Map
(5) Exhibit D - Site Plans and Elevations
(6) Exhibit B.I List
(7) TRC Comments
(8) Downtown Commission Staff Report
(9) Downtown Commission Minutes Excerpt
(10) Planning & Zoning Commission Staff Report
(11) Planning & Zoning Commission Minutes
(12) Planning & Zoning Commission Recommendation Form
(13) Ordinance
(14) Letter from The Preservation Society
 City of Asheville - Exhibit A Map N

Conditionoi Zoning Review

THECITYOF 123, 129, 134 and 155 Biltmore Ave.
ASHEVILLE

4930

4359
RB

BANKS AVE

Project Name: Family Lodge Lodging Expansion

Project Number: 18-05805 PZ
Project Description: 56 Room Hotel in 4 buildings
Central Business District Expansion
CZ District
Petitioner(sl: Warren Sugg, PE
Parcel ID Number(si: 9648-48-3860,-3740, -361 1: -2474
Location/Address: 155 Biltmore Ave

Project Site Zoning Districts Streets

Porcels J Asheville City Umits Streams

Vicinity Map .
City of Asheville Plonnlng ond Urban Design Deparlment - November 2018
 City of Asheville - Exhibit A.l Proposed Zoning Mop n
Conditional Zoning Review
123, 129, 134 and 155 Biitmore Ave. s

6823

1412

4359

banks ave

Project Name: Family Lodge Lodging Expansion

Project Number: 18-05805 PZ
Project Description: 56 Room Hotel in 4 buildings
Central Business District Expansion
CZ District
Petitioner(s): Warren Sugg, PE
Parcel ID Number(s): 9648-48-3860,-3740, -361 1; -2474
Location/Address: 155 Biitmore Ave

Project Site Zoning Districts Streets

Streams
L.... j Asheville City Limits
Parcels

Vicinity Map
City of Asheville Planning and Urban Design Department - November 2018
 City of Asheville - Exhibit B Map N

Conditional Zoning Review

THECITYOF 123, 129, 134 and 155 Biltmore Ave.
ASHEVILLE

KS AVE

Se^riee ciital.©! lye,.radhstaKSeGqrapijii.gs

Project Name: Family Lodge Lodging Expansion

Project Number: 18-05805 PZ
Project Description: 56 Room Hotel in 4 buildings
Central Business District Expansion
CZ District
Petitioner(s): Warren Sugg, PE
Parcel ID Nuniber(s): 9648-48-3860, -3740, -3611: -2474
Location/Address: ,55 Biltmore Ave

Project Site Zoning Districts Streets

Parcels Streams
Laiaaii City Limits
Vicinity Map
City of Asheville Planning and Urban Design Department - November 2018
 City of Asheville - Exhibit C Future Land Use Mop N

Conditionai Zoning Review

123, 129, 134 and 155 Biitmore Ave.
J^L/ARD /iyp

Subject Property
123,129 and 134 Biitmore Ave.
Future Land Use Area: Downtown

Subject Property
155 Biitmore Avenue
Future Land Use Area: Downtown

4320
banks ave

Project Name: Family Lodge Lodging Expansion

Project Number: 18-05805 PZ
Project Description: 56 Room Hotel in 4 buildings
Central Business District Expansion
CZ District
Petitionerfsl: Warren Sugg, PE
Parcel ID Number^sl: 9648-48-3860, -3740, -361 1: -2474
Location/Address: 155 Biitmore Ave

Project Site Zoning Districts Streets

Parcels Asheville City Limits Streams

Vicinity Map
City of Asheville Planning ond Urbon Design Department - November 2018
 ill! ill!
m i^ii
W \w
155 BILTMORE AVE P
ASHEVILLE, NORTH CAROLINA P
O
PREPARED FOR:
PRESERVE COMMUNITIES 145 LLC
ASHEVILLE, NO 28801
AL SNEEDEN
(831)236-3898
INDEX OF SHEETS
Sheet No. Title
attnui
UMOSCAnO COUPIJMNCe nAM
OnAOMO,encaON COMTHOl ANO STOAM ORAMAOC PiAM
tnmrvrtAN
eugiOMa EuwmoNs
VICINITY MAP
KnTOKMQ
D6VH.0PKEMTWTA Know I below.
OWOAMLOKK MC CMC OOMMOB 1«1 ue
Cell befort you dig.
iMUlO AW
AM WIK. MOnt OMOMA WM
CCMtm ALtWEtOI
W
OiLOattot (ftL om oEMOpn, ojL
Ml MTUMAWMC
osMUCft mm CM WOaPX.
W
GOOO
 I I 111
VICINITY MAP
.SXINSrVN AVENUB
neiaav&tTMT,
%
1
QifAwnrlf
I cur STUDIOS
US 35 BILTMORE AVENUE
AsmacT pa^ooiT '
I It Bwr or nram rutt
\ lur icat n.na ts <
xixwKiitrtbalow.
Call Moi*you dig. NORTH
EXISTING CONDITIONS
GRAPHIC SCAI£
L-100
003-1

goNBAv auoruiis sz sn

soianis

i fiwe

oaaKs

dVW AUNIOIA
OOS-1

NV^d 3dV3SaNVl

HIUON ttpnoX^JOj^qiieQ
- Mowq'w*"®*!*

ainaaHos iNVid

ariNSAv 3tioruiia s;sn

soianis

iS

dVW /aiNlO^
 NEW RETAINING WALL
2- HC PARKING SPACES ALONG LEXINGTON AVE
HC RAMP/ACCESSIBLE ROUTE VEHICULAR ACCESS
TO PARKING
CENTRAL TERRACE GARDEN
- CUT STONE PATIO
145 BILTMORE
EVENT LAWN
GARAGE ENTRANCE
(NOT IN PROJECT)
RESTAURANT
ROOF TERRACE
LOWER TERRACE AMENITY AREA
STAGE
155 BILTMORE - CUT STONE PATIO
CUT STONE PAVING
GARAGE ENTRANCE
SOUTH LEXINGTON AVE
123 BILTMORE AVE
IB PARKING SPACES EX. HC PARKING
ACCESS THROUGH
ALLEY OFF HILUARO
AVE.
/VMENITY AREA
T23 BILTMORE
- GAS FIRE PIT
^ 155 BILTMORE 145 BILTMORE - CUT STONE PATIO
•• H29 BILTMORE
(NOT IN PROJECT) 137 BlUTMQR
i
SOUTH
PATIO
• rj-.- 1k. • .•:
GAMEUWN
BIL™0RE AVENUE GAS
AMENITY AREA
RREPrr
.GRAVEL PATIO
- GRASS PANEL VEHICULAR SERVICE ENTRANCE
AMENITY AREA
- SEATING AREAS SOUTH CENTRAL • CONCRETE WITH SOD STRIP
145 BILTMORE SOUTH - FLAGSTONE PAVERS
■ PLANTERS PEDESTRIAN GARAGE ENTRANCE PEDESTRIAN PEDESTRIAN
- GRAVEL PATIOS WITH BENCHES
-SEAT WALL ENTRANCE ENTRANCE
(NOT IN PROJECT) ENTRANCE - GARDEN FOCAL POINT FEATURES
ILLUSTRATIVE MASTffi PUN
FAMILY LODGE
QifAwnrtf
Q S XX W X 10
-G- ASHEVILLE, NC STUDIOS
S^rtMlCR 7X709
■
Km whtftbelow.
Call yMdIg
GRADING,EROSION CONTROL
& STORM DRAINAGE PLAN
 n

155 B LTMOREAVE
 i

ii+diUi

>
if ! A FAMILY LODGE on BILTMORE AVE

o fl 155 BILTMORE AVENUE

ISSSIITMOREXVE ly
ASREVIUE. NC
I

A FAMILY LODGE on BILTMOREAVE

155 BILTMORE AVENUE

 A FAMILY LODGE on BILTMORE AVE

>

lO
s' 11
1 iiiiiiiiiiiiiiiiiii
155 BILTMORE AVENUE

f iiiiimiiiiiiiiiii
 m

IS

A FAMILY LODGE On BILTMORE AVE

155 BILTMORE AVENUE

IIIIIIIIIIIIIIIIIOI
<i!Ii M Its
I h

A FAMILY LODGE on BILTMORE AVE

155 BfLTMOREAVENUE

llllllllllllllll III
 .mi ROWHOUSe
_l
CD ?
c lU
wim
o
UJ
2
c
o
s 11
Sq
t
s a
in
in
 H
E

H!B!Ei

in la in iip

IB

i H
lilil niiiii
1> iil E'liiii
1' nitiB
• i j
1
:■> VV' 1 SSiU ieiii
^ I ri A j|
1
' IF
Sh
m
Mill
•"•B

.--.i
li • ■ 15 1 p'pi
1 1 1S
"

A FAMILY LODGE on BILTMORE AVE

155 BILTMORE AVENUE

1

|i!
■ - u»i"ii ''iii i{iiijir
■ i! . i1
ii. !'«! i i-
??l '--.i
1 »
r I' n
A FAMILY LODGE on BILTMORE AVE

155 BILTMORE AVENUE

A FAMILY L0CX3E on BILTMORE AVE

155BILTMOREAVENUE

ISSaiTMOREAVE 8^
i>SHEVIlie, NC
 i

in II 1 111 1©
}
I
18 li: 0!% i<^i'i•IM

•! Z
X

]1 ili ifi iPs liil 1 1

i
11
1
III
1 1!IP 1i 11^ i1
1

•<D

v) si!i
H.ffl.ra

ir -

A FAMILY LODGE on BILTMORE AVE

123BILTMOREAVE
 mm

■
ism

^181

A FAMILY LODGE on BILTMORE AVE

> ii'
CO 3?
BILTMORE AVE
 M sis
i<^i

il
I IMM !«

r».i>rr.rr.>wr-

©
i
©

■I
4
:j 1
■ i

■ - ^ I».
_i J I
: . i

3] : 1
' ■ f

3^

©■ Hi t<D
Hianii H!KD
li ^

(p

JJ if

([>■
'All

!
=g 3 I A FAMILY LODGE on BILTMORE AVE
> iJ
CO I! BILTMOREAVE
 J I
P4]i|Ea|_ I
m!jj
I ' ^

" tf J
M-k

I JjML.JiJp'

A FAMILY LODGE on BILTMOREAVE

BILTMOREAVE i
 B-1 Conditions
Family Lodge at Biltmore Avenue
March 11,2019

1. The zoning for the site will be Central Business District - Expansion Conditional Zone
(CBD EXP-CZ).

2. The approval is for 56 hotel rooms in four buildings, a restaurant and amenity areas and
46 parking spaces.

3. The development will be built on four parcels consisting of approximately 1.56 acres,
PINs 9648-48-3860, -3740, -3611, -2474, as indicated on the Exhibit A map and site plan
which are attached hereto and incorporated herein by reference.

4. The project will rehabilitate the three houses at 123,129 and 134 Biltmore Avenue and
the carriage house at 127 Biltmore Avenue in accordance with the Secretary of Interior's
Standards for Historic Rehabilitation. All three properties are permanently protected by
Preservation Easements held by Preservation Society of Asheville. Lodging will occur in
the three houses and the carriage house will be used for storage.

5. The new building at 155 Biltmore will have 36 rooms and a restaurant. The building is
five stories tall as measured from Biltmore Avenue. Overall height of the new building at
155 Biltmore Avenue will not exceed 65 feet.

6. Sidewalks will be provided as follows: In front of 155 Biltmore the sidewalk will be 12
feet. In front of 123,129 and 134 Biltmore the sidewalk will be the existing width (6'9" to
7'), in order to accommodate the historic rock wall. On South Lexington the sidewalks
will be the minimum of 10 foot sidewalks with the exception of the 7 foot sidewalk along
123 Biltmore's existing parking lot because of existing, mature trees.
7. All four buildings on Biltmore Avenue will have primary pedestrian entrances on Biltmore.
8. The new building at 155 Biltmore will meet the 70% openings requirement for ground
floors on both Biltmore and Lexington Avenues.

9. Required landscaping includes street trees, parking lot landscaping and street buffer as
shown on the site plans.

10. Project will provide vehicular garage entry/exit from S Lexington Ave for 155 Biltmore.
11. The parking lot on South Lexington behind the historic houses will remain.
12. Landscaping for the retaining wall on South Lexington will be maintained both in front of
the wall (as required) and above the wall to address neighbors' concerns.
13. The building design site design, construction materials, and orientation on site must
substantially comply with the approved site plan, which is incorporated herein by
 reference. Any major deviations from these plans may require a rezoning by the City
Council.

14. All exterior lighting shall comply with the Unified Development Ordinance.

15. Signage shall be as allowed under the UDO for Central Business District zoning.

16. All legally required local, state, and federal permits and approvals must be obtained prior
to initiation of construction and any pertinent legal requirements shall be met.

17. The conditional zoning will be valid for a period of three years from the date of approval
by City Council. If a building permit is not obtained within three years, the approval will
no longer be valid.
 TRC STAFF REPORT
TO: TRC Members
DATE: October 8. 2018 November 26,2018 March 8, 2019

Prepared by: Sasha Vrtunski, AlCP

APPUCANT: Warren Sugg, Engineer
SUBJECT; Conditional Zoning -155 Biltmore Ave|18-05805PZ

TRC RECOMMENDATION Approved with Conditions

PLANNING:
Staff Recommendation: Continue
A-.—No oonditiono woro oubmittcd with tho appiication, moaning that the application io
incompioto. Conditions were submitted by emaii in time.
2. Piano Gcomo to havo boon dcvclopod in occordonco with 7-8-18 rather than 7 8 40. Thoro
arc sovcral difforonooo between tho two sootiono. Pians have been revised accordingly.
11-1-18
3. Front setback of the courtyard exceeds the maximum of 30 feet outiined in 7-8-40 f (5).
This will be a requested condition.
4. Paridng garogoo on Key Podeotrian Streets arc required to be iined with habitable opaoo
at iooot 20 foot deep. 7-8-40 f. (0)(o) Applicant has revised pians to have habitabie space
along S. Lexington. 11-1-18
5. Sidewalks for the whole project need to be dimensioned. Sidewaiks for CBD-CZ projects
are required to be 12 feet wide[7-8-40 f.{10)] on the primary frontage (Biitmore). The
sidewalk behind the historic buiidings appears to be less than 10 feet. Revisions
submitted now show dimensions. 155 Biltmore is compliant, Historic Houses have
narrower sidewalk on Biltmore (historic wall). 8. Lexington varies between 7 and 10 feet
for historic houses.
6. In Section 7-8-40 f(11), the ordinance calis for one driveway per deveiopment. Current
plans show three. Two driveways would make sense as the development is on either side
of 145 Biltmore. Staff suggests making the historic drive off of Biltmore a service
entrance. Otherwise this will need to be a requested condition. Condition remains - two
driveways on S. Lexington and one on Biltmore. 11-1-18
7. For garage entrance on S. Lexington, piease ciarify why 2 driveways are being proposed
instead of 1 wider driveway. Comment satisfied.
8. Pions SGom to ohow tho building at 155 hanging ovor tho ROW? Confirm or alter drawing.
This couid be a very compiicatod air rights situation given DOT involvement. This wouid
also nood to be oddod to tho list of conditiono. Show property lino vcrticQlly on soction
drawings to clarify. Clarified in TRC Meeting, there will be no overhang. 10/1/18 SV
9. 7-8-40 (13) a 5: Fenostration. For the now building, the Biltmore facado mooto the ground
floor openings roquiromcnt, Lexington dooo not (54%). Lexington now complies with
70% requirement. 11-1-18
10. Identify how loading on the site will occur. Clarified to have deliveries off-street.
11. Identify bicycie parking locations.
12. New Comment: Landscape plan says that Street Buffer nor VUA landscaping is required.
These are required. Piease provide a landscape plan with caicuiations, and whether the
current iandscaping fuifiils the requirement. 10-8-18 SV Plans have been revised to
show compliance, further review at Final TRC. 11-1-18
TREE COMMISSION:
Recommendation: Approved as Noted
1. ...

TRANSPORTATION AND ENGINEERING: Barb Mee - 232-4540

Staff Recommendation: Approve with conditions, 9/26/18.
1. Dimension width of parking spaces. Unless the spaces are uniform, a single "typical"
measurement will not suffice.
2. Dimension width of garage entrance and exit.
3. Since an entry gate is shown in the garage, it should be recessed per ASSDM standard
for vehicle storage to avoid vehicles blocking the sidewalk.
4. Dimension sidewalk widths. Unless width is uniform throughout, a single "typical"
measurement will not suffice.
5. Show bicycle parking location, and at the appropriate time, bicycle parking detail.
6. Will anything overhang the sidewalk? If so, note how drainage from these structures will
be handled in order to avoid drip lines on the sidewalk.
7. Contact Elias Mathes, Transit Planning Manager, at (828) 232-4522 or via email to
emathes@ashevillenc.aov. regarding improving the bus stop south of the property.
8. A review of the construction staging plans, including plans for worker transportation or
parking, will be required prior to beginning the project. The construction staging plans
must thoroughly depict all aspects of the construction phases including impacts to
adjacent and nearby transit routes, bus stops, roadways, sidewalks and streets; identify
construction staging areas and parking areas or other transportation plans for construction
workers and subcontractors. This review should be part of the final TRC approval process.
9. Any street, lane, or sidewalk closures will require a separate permit. Contact Is Ted
Williams, twilliams@ashevillenc.aov. or 259-5476 for street or lane closures on
city-maintained streets and sidewalk closures on all streets. Contact NCDOT regarding
any lane or street closures on NCDOT-maintained roadways. Anticipate providing a
same-side pedestrian detour for any sidewalk closures.
Standard comments; no specific response necessary
10. The developer is responsible for ensuring that all facilities in the public right-of-way
comply with the current draft Guidelines for Pedestrian Facilities in the Public
Right-of-Way (PROWAG), available on the US Access Board website at
http://www.access-board.aov/auidelines-and-standards/streets-sidewalks/public-riahts-of-
wav/proposed-riahts-of-wav-auidelines.
11. The PROWAG refers to both a pedestrian circulation path and a pedestrian access route
contained within the circulation path. Nothing, Including street trees or branches, may
encroach more than four inches into the pedestrian circulation path at heights below 80
inches. The pedestrian access route may never be less than 48" wide by 84" high, and
must contain wider passing zones at regular Intervals. See the PROWAG at
http://viww.access-board.aov/auidelines-and-standards/streets-sidewalks/public-riahts-of-
wav/proposed-riahts-of-wav-auidelines.
12. Any street, lane, or sidewalk closures will require a separate permit. Contact is Ted
Williams, twilliams@ashevillenc.aov. or 259-5476 for street or lane closures on
 city-maintained streets and ALL sidewalk closures. Contact NODOT regarding any lane
or street closures on NCDOT-maintained roadways. Anticipate providing a same-side
pedestrian detour for any sidewalk closures.
13. This project is on a transit route. Depict any transit stop(s) on the property and the stops
on either side of the project. Show on plans or on vicinity map, as applicable. You may
not displace or block vehicle or pedestrian access to any transit stop, either permanently
or during construction without agreement from ART. Contact Elias Mathes, Transit
Planning Manager, at(828)232-4522 or via email to emathes@ashevillenc.gov.

PARKS AND RECREATION: A! Kopf-259-5838

1. Approved.

BUILDING INSPECTIONS: Anne Graham- 271-6144

Staff Recommendation: Approved
1. Compliance with the NO Building Code will be reviewed during Building permit application process.
2. Retaining walls require engineering and special inspections
3. All required exits to lead to a public way
4. Exterior wall lighting to comply with City of Asheville ordinance Section 7-11-10.

EMERGENCY ADDRESSES: Stuart Rohrbauah: 251-4004

Staff Recommendation: Approved as noted, swr 8/13/2018
1. Existing building street address numbers to remain the same.

FIRE DEPARTMENT: Brian Ronie - 251-4012

Staff Recommendation:
1. Relocate overhead powerlines per NCFC D105.4
2. Building to be sprinklered per NFPA 13
3. FOG to be within 100' of hydrant per GOA Stds page 33
4. Provide emergency 911 radio test per CCA Stds pg 7-11-9
5. Provide standpipe when construction reaches 40' in height per NCFC 14
WATER RESOURCES: Chad Pierce. 259-5420
Staff Recommendation: Continue
1. A Letter of Commitment for water service has been issued for this project. All terms
and conditions indicated in said Letter of Commitment are applicable to the proposed
waterline extension.
2. The TRC review process does not constitute an approval of the proposed waterline
extension as waterline extensions are received and reviewed separately by the Water
Resources Department. Please submit plans for waterline extension approval to the
Water Engineering Division for review, approval and permitting.
3. A 20 feet easement is required around ail publicly owned and maintained water
infrastructure. Minor landscaping improvements, shrubs or ground cover, can occur within
the 20 feet easement of existing or proposed public waterlines. However, the planting of
trees and erecting of structures, signs, etc., is restricted within this 20 feet easement.
4. While this review does not constitute the required separate water extension review, I
offer the following major conditions at this time. No utility plans were provided depicting
proposed water service, so we are unable to conduct the review.
PUBLIC WORKS: Chad Bandy - 259-5832
Staff Recommendation:
1. Consider different species other than English Oak due to poor performance
2. Use small maturing trees along Biltmore {must be approved by NCDOT)
3. Sidewalk must be 12' wide and Ashevllle Running Bond( wall is historic)
4. Request Installation of Granite curb
5. Will three or four trees be planned for Biltmore Ave
6. Ensure no portion of structure encroaches Into Citv RAft/ fno footers, walls, etcl
7. Obtain all necessary r/w disturbance permits
8. Obtain necessary Air rights (drafting error not on row)
9. Ensure driveway(s) are ADA compliant
10. Use City of Asheville Standards and specs.
11. Water cannot be drained across sidewalk
12. Show details of stormwater, sidewalk, and ADA items with standard drawings
13. Describe method of waste/recycling collection and how private hauler will access on premises.

Stormwater/ Erosion Control/ Flood Info: Ric Ledford 259-5411

Staff Recommendation: Approved with conditions
1. Upon final TRC approval, we will require complete site plans detailed grading and erosion control
plans. We will also need a detailed project summary with stormwater control and treatment
calculations....

MSD: Kevin Johnson - 225-8289

Recommendation: Approve with Conditions
1. MSD issued a wastewater allocation request in the name of 155 Biltmore Avenue Hotel in
the amount of 11,000 gallons per day for 52 hotel rooms spread over 4 buildings along
with restaurant and bar on June 27, 2018.
2. Engineer will have to work with MSD to determine connection point. This may require a
new manhole to be installed by NO Licensed Utility Contractor
3. Building permits will not be released until sewer service applications have been submitted and fees
paid.
4. Certificates of Occupancy will not be issued until sewer closeout is complete.
 Downtown Commission Review

TO: Downtown Commission Members and Applicant

DATE: October 12, 2018(meeting date)
PREPARED BY: Sasha Vrtunski, AiCP, Planner II
APPLICANT: Warren Sugg, Civil Design Concepts
OWNER:

SUBJECT: Design Review for 155 Biltmore Lodging - 18-05805PZ

Summary Statement:
A request for the review of a conditional zoning request to allow the construction of a 56-room hotel
across one new 5 story building and three existing buildings. The project is located on four parcels
totalling 1.56 acres known as 155, 137, 129, and 123 Biltmore Avenue and PINs 9648-48-3860,
9648-48-3740, 9648-48-3611, and 9648-49-2474. This project is considered a Level Hi project according
to Section 7-5-9.1 of the UDO. The applicant is pursuing a rezoning to Central Business District
Expansion - CZ District.

Review:
Site: The project site totals 1.56 acres and includes three historic houses, and one parcel at 155 Biltmore
with an existing office building (formerly the site of the city's Health Services). The property is directly
south of Milliard and Biltmore in the Central Business District. Across Biltmore Avenue from 155 are
three historic houses at 130, 134 and 138 Biltmore. The building approved for 145 Biltmore is in
between the three historic houses and the new proposed building site. Both S. Lexington and Biltmore
Avenues are Key Pedestrian Streets.

Overall Project Proposal: The project proposes to build lodging facility spread across four buildings with
a total of 56 rooms. The building at 155 Biltmore includes 36 rooms and a parking garage that is
accessed from S. Lexington Avenue. The three historic houses would be restored in accordance with the
Secretary of the Interior's Standards for Historic Preservation.

The room distribution between buildings is as follows:

123 Biltmore -10 rooms
129 Biltmore - 4 rooms
134 Biltmore - 6 rooms
155 Biltmore - 36 rooms and a restaurant

On the site of the new building, there is a large courtyard at the front of the building. This courtyard is
larger than allowed by code, but serves to allow light and air to the new building at 145 Biltmore
Avenue. Along the front of the courtyard is a low masonry wall, and a tall pergola-iike structure that
serves as a gateway to the courtyard.

Access, Sidewalks, Parkmg: For 155 Biltmore, parking is provided on the basement level of the building
in structured parking. Automobile access to the structured parking is provided from South Lexington
Avenue; there are 2 driveways that are 8 feet wide each. For 123,129 and 137 Biltmore, parking is
provided at the rear where there is surface parking today.
Sidewalks are shown on both Blltmore and South Lexington Avenues, with varying widths. Since
Technical Review, the architect has moved the building back from Blltmore Avenue giving space for a
13-foot sidewalk along Blltmore. In front of the historic houses, however,the sidewalk will remain as it
is currently built as the wall is a part of the preservation easement.

Landscaping & Open Space

Plans show street trees along Blltmore and S. Lexington Avenues, some are in tree grates, and some in
the lawns of the historic houses. The existing parking lot behind 123 Blltmore already has landscaping.
During Final Technical Review, staff will ensure that the existing landscaping complies with the
ordinance. Parking lot landscaping is required for the lot behind the historic houses. No other
landscaping is required, nor is open space.

Zoning
Current zoning is Central Business District. The applicant is requested Central Business District
Expansion Conditional Zone. Conditional Zoning is required because of the inclusion of lodging as a use
according to Section 7-5-9.1 (a)(1) of the UDO.

Required Reviews
The applicant held a community meeting on August 27. The discussion included questions/concerns
about outdoor lighting, dumpster locations, landscaping and traffic and access into the site from
Lexington.

The Technical Review Committee met about this project on October 1. After design review at the
Downtown Commission, the Planning & Zoning Commission will review the project and make a
recommendation to City Council. City Council review and approval is required for this project. Final TRC
review will be required if it is approved by City Council.

Community Comment - Staff received a statement of comments from the South Slope Neighborhood
Association. These comments addressed landscaping between the parking lot and S. Lexington, noise,
and trash pickup. The neighborhood association also mentioned some comments that are outside of
the purview of design review, and will be passed on to other review bodies.

UDO Compliance for the historic houses: 123,129 and 137 Blltmore Avenue
As the three historic houses on Biltmore are being preserved and have preservation easements placed
on them,staff is not analyzing the design of these existing buildings. The code supports retaining and
preserving the existing buildings and their grounds.

Downtown Design Guidelines for the historic houses: 123,129 and 137 Biltmore Avenue
Preserving historic structures and renovating them in accordance with the Secretary of Interior's
Standards means that these structures will undergo the strictest review possible in terms of any changes
to the buildings. The current Downtown Design Guidelines also encourage preservation of historic
buildings.
Recommendation lA: The essential original design characteristics of the building have been
respected.
Recommendation IB: Original sizes, shapes and locations of storefronts, recessed entries, kick
plates, transoms, upper story windows, roof forms, facade ornamentation, and details should be
maintained. Changes should be done in a way that can be easily reversed in the future
Recommendation ID: The basic material characteristics of the building have been maintained,
uncovered, or replaced with a similar material
UDO Compliance for new construction at 155 Biltmore - Design and Operationai Standards

Streetwall and Step-Backs: The project, being outside of the Traditional Core, has to establish a street
wall at or below the height equal to the width of the Right of Way. The ROW on Biltmore Avenue is 60
feet wide. The overall height of the building along Biltmore is 60 feet and so a step-back is not required.
The streetwall is continued to the Lexington facade, which is allowed by code.

Additionally, the building is stepped back away from 145 Biltmore and creates a courtyard at the front of
the building. This courtyard is deeper than allowed by code(60-70 feet deep), and will be specified in
the B-1 Conditions for City Council.

Base middle cap orientation: The design breaks the fagade up into a base middle cap through the use
different materials, as well as a horizontal and vertical organization of the facade elements.

Pedestrian entrances: The primary pedestrian entrance is on Biltmore.

Windows, doors and other openings: Both the Biltmore and S. Lexington facades have a requirement of
70% openings on the ground floor and 20% on the upper floors. The ground floor of the S. Lexington
facade of 155 Biltmore is at 65%, but does not technically comply. The north and south facades are
along the property lines and do not have minimum opening requirements.

Screening of Mechanical Equipment and Dumpsters: Mechanical equipment on top of the roof is
screened by perforated metal material.

Materials
The ground floor has a gray masonry (brick veneer), and a slightly grayed white tone "Snowbound" in an
EFIS material. Upper floor have the gray masonry, the Snowbound white and green sections ("Arugula")
as well as natural wood paneling that is limited in areas. On the front facade, the gray brick and white
EFIS create two vertical sections that break up the facade effectively. Columns on the ground floor are
concrete columns.

Windows on the ground floors are storefront glass with aluminium frames. Along Lexington Avenue,
some of the openings to the garage use decorative metal panels. Balconies are enclosed with either
glass panels or natural wood paneling.

Note-signage and lighting are not considered under this review.

Design Guidelines
The proposed building meets most aspects of the Design Guidelines and specifically meets the following
guidelines:
• Recommendation 13A: A change in materials/colors alone may not be sufficient to show base
middle cap organization or other organizing principle. Consider adding three-dimensional
articulations to the plane using authentic materials providing variations in thickness and texture
(pg 20).
• Recommendation 6A: Recommended materials for walls include brick, stone, metal or materials
that may be part of a unified development proposal and contribute to a unique sense of place.
Chain link is strongly discouraged (pg 6).
• Recommendation llA: Consider a recessed principle entrance in order to identify the entrance
and provide shelter(pg 9).
 • Recommendation 8A: For new buildings that are wider than building facades in the immediate
vicinity, the proportion of the street wall (1/3 street wall height exception) may be positioned to
improve the scale to a more typical pattern (pg 17).
• Recommendation 2D: Where it is provided, storefront glass may be shaded by appropriate
means in order to allow good visibility into store-front windows and to create pedestrian
interest. Awnings, canopies, or arcades with storefront glass recessed are used to make the
environment more appealing for pedestrians and to improve the visibility into stores(pg 28).
• Recommendation 7A: When screening dumpsters and mechanicals, the materials and design
should reflect the site and building under a unified development proposal (pg 6).

Areas where the design could be strengthened:

• Habitable space instead of parking spaces on the ground floor of the S. Lexington side of the 155
Biltmore building.
• Gateway structure at 155 Biltmore: Reduce the height of the structure to one story or remove it
altogether.
• A different material than EFIS should be used for the ground floor.

The new building at 155 Biltmore is an appropriate scale for this area, and the courtyard also reduces its
impact on the Biltmore side of the street. The preservation of the three historic houses is a very positive
aspect of the project. EFIS as a product has evolved and now there are higher grades of EFIS that are
offered. If the applicant still would like to use EFIS, staff recommends a higher grade being required for
the ground level.

Staff Recommendation
Staff recommends approval of the design for the building and site with the condition that EFIS is not
used at the ground level unless there is a higher grade being used. The project meets the goals of the
large number of UDO requirements and the intent of the design guidelines.
Suggested Motion if approving: I move to recommend approval of the 155 Biltmore Residences as
presented based on site plans, elevations and materials submitted and discussion heard during this
review (including the following conditions if any).

Suggested Motion \f denying: I move to deny approval of the 155 Biltmore Residences as presented
based on site plans, elevations and materials submitted and discussion heard during this review for the
following reasons (include reasons for denial).

Attachments:

1) Plan Set for Downtown Design Review

 ▲ Asheville Downtown Commission
Minutes of Friday, October 12, 2018
THECITYOF Floor Conference Room, City Hall,8:30 AM
ASHEVILLE

Present: Chair Sage Turner, presiding; Vice Chair Franzi Charen, Dane Barrager, Brent Campbell,
Andrew Fletcher, Councilman Brian Haynes, Kimberly Hunter, Steven Lee Johnson, Pamela Winkler.

Absent: Rutli Summers, Tobias Weas

Downtown Design Review - 155 Biltmore Avenue Hotel

The second item for Design Review was a proposed hotel at 155 Biltmore Avenue and nearby properties,
presented by Urban Planner Sasha Vrtunski. Chair Turner reminded the Commission that the review is
about design (not use).

Steven Lee Johnson is recused from the review process(unanimously approved by the Commission).

Ms. Vrtunski provided an overview of the project.(The staff report with plans is available here.) She
noted that this is the first lodging proposal under new rules in the CBD where any lodging would trigger a
rezoning to an Expansion District. She explained some ofthe requirements for the Expansion District
zoning.

She noted some ofthe neighborhood conversations and concems regarding noise. She pointed out the
driveways (that would be removed)and historic walls (that would remain). The carriage house will not go
away.

Claiification was provided about parking (they have more than the 28 spaces required; 47 total).

Ms. Vrtunski continued to present the project, noting the depth of the courtyard, and that it wouldn't
typically be allowed for a residential building. (It is regarded as a "condition" for this type ofrezoning.)

Ms. Vrtunski presented various views of the project from Biltmore Avenue and South Lexington,
discussing design elements.

Ms. Tumer asked about the parking requirements, noting that the living rooms have fold-out couches(and
are thus intended to be sleeping quarters).

Mr. Fletcher discussed how long the block is along S. Lexington between Hilliard and Southside and asks
any possibilities for connectivity.

Chris Day,the project's civil engineer from Civil Design Concepts, makes some notes of clarification
regarding the elimination of a driveway, conversion of one to pedestrian only and conversion of a third
for service access only. The Design Review Committee helped inform a change from a loading/parking
area in front to a plaza space. There is a 12 foot sidewalk along the new building; the sidewalk is close to
7 feet along the historical wall on Biltmore and will remain. A 10-foot sidewalk will be put in on S.
Lexington, except for a portion of it, where they will leave the existing sidewalk in order to preserve trees.
They will be removing (replacing) a timber retaining wall on S. Lexington.

Mr. Barrager restated Andrew's question about connectivity/access between S. Lexington and Biltmore
Ave. Mr. Day says he needs to talk with the developer; there may be access next to 145 Biltmore Avenue.
Robin Raines, project architect from Rowhouse Architects presented a sample board. She explains that
there would be a connection, and that it also intersects with the courtyard. Because ofthe steep grade
change, there is not a planned connection next to Wild Wing. There will be a green screen on the Wild
Wing side. The courtyard is 70 feet, which is deeper than the code allows, but they felt like it was
important in order to get light into the space. They used the Carolina Apartments as an example ofa 70ft.
deep courtyard space.

Ms. Winkler asked about trash removal. Carts will be rolled out onto the street. All of the trash will be
stored internally but taken out to the street for pick-up.

Mr. Campbell asks about the entrance on S. Lexington door. In response, it was stated that an awning
would be installed.

Ms. Raines explained that other buildings downtown inspired the design. Clarification was provided about
the yellow paneling (it is wood). There will be no conference / community convening space.

Mr. Barrager noted that the larger units would help with longer term stays and hospital visitors.

Ms. Hunter asks about access and Ms. Rains clarifies; there is only one elevator (for service and guests).

Chair turner opened and closed public comment for the project at 11 AM.

With further discussion opened about the project, Ms. Winkler expressed support for activation on the
ground floor ofS. Lexington and pedestrian connectivity between S. Lexington and Biltmore Avenue,

Chair Turner then made a motion to recommend denial, siting the courtyard setback,inadequacy of
ground floor fenestration, and lack of habitable space on the ground floor.

Ms. Hunter recommended that connectivity be considered and service elevator be considered.

There was some discussion about the Commission's decision to support(with conditions) or deny.

Mr. Barrager explained that he lived at the Carolina Apartments and liked the courtyard; does not have a
problem with the depth. Ms. Winkler, too, likes the courtyard. Ms. Turner amended the motion to remove
remove the courtyard as a reason for denial.

Mr. Day said that habitable space and fenestration are elements they can keep working on.

A vote was called for the motion for denial due to the inadequacy of ground floor fenestration and the
lack of habitable space on the ground floor by Chair Turner and Vice Chair Charen seconded the motion.
The motion carried 5-3 with Mr. Barrager, Ms. Winkler and Mr. Campbell voting no on the denial.
 STAFF REPORT

To: Planning and Zoning Commission Date: November 7, 2018

From: Todd Okolichany, AlCP, LEED AP ND Prepared by: Sasha Vrtunski, AlCP
Planning & Urban Design Director Urban Planner II

Subject: Conditional Zoning Plan Review -155 Biltmore Avenue (includes 123,129, 134
Biltmore Avenue)

Summarv Statement: A request for the review of a conditional zoning request to allow the
construction of a 56-room hotel across one new 5 story building and three existing buildings.
The project is located on four parcels totalling 1.56 acres known as 155, 137, 129, and 123
Biltmore Avenue and PINs 9648-48-3860, 9648-48-3740, 9648-48-3611, and 9648-49-2474
("155 Biltmore Avenue"). This project is considered a Level III project according to Section
7-5-9.1 of the city's Unified Development Ordinance (UDO). The applicant Is pursuing a
rezoning to Central Business Expansion District(CBD EXP).

Review:
Site: The project site totals 1.56 acres and includes three historic houses, and one parcel at 155
Biltmore Avenue with an existing office building (formerly the site of the city's Health Services).
The property is directly south of Milliard and Biltmore in the Central Business District. Across
Biltmore Avenue from 155 are three historic houses at 130,134 and 138 Biltmore. The building
approved for 145 Biltmore is in between the three historic houses and the new proposed
building site. Both S. Lexington and Biltmore avenues are Key Pedestrian Streets.

Overall Project Proposal: The project proposes to build lodging facility spread across four
buildings with a total of 56 rooms. The building at 155 Biltmore includes 36 rooms and a
parking garage that is accessed from S. Lexington Avenue. The three historic houses will be
restored in accordance with the Secretary of the Interior's Standards for Historic Preservation.

The room distribution between buildings is as follows:

123 Biltmore -10 rooms
129 Biltmore - 4 rooms
134 Biltmore - 6 rooms
155 Biltmore - 36 rooms and a restaurant

On the site of the new building, there is a large courtyard at the front of the building. This
courtyard is larger than allowed by code, but serves to allow light and air to the new building at
145 Biltmore Avenue. Along the front of the courtyard is a low masonry wall, and a tall
pergola-like structure that serves as a gateway to the courtyard.

Access, Sidewalks, Parking: For 155 Biltmore, parking is provided on the basement level of the
building in structured parking. Automobile access to the structured parking is provided from
South Lexington Avenue; there are two driveways that are eight feet wide each. For 123,129
and 137 Biltmore, parking is provided at the rear where there is surface parking today.
In the CBD Expansion District, 12 foot sidewalks are required along the primary access corridor
which in this case is Biltmore. Sidewalks on other streets are required to be 10 feet. The
sidewalk in front of 155 Biltmore is 12 feet wide. In front of the historic houses, however, the
sidewalk will remain as it is currently built (6 feet 9 inches to 7 feet wide) as the rock wall is a
part of the preservation easement. On South Lexington the sidewalks will meet the minimum of
10 feet wide with the exception of the seven foot sidewalk along 123 Biltmore's existing parking
lot because of existing, mature trees.

Landscaping & Open Space - Plans show street trees along Biltmore and S. Lexington
Avenues, some are in tree grates, and some in the lawns of the historic houses. The existing
parking lot behind 123 Biltmore already has some landscaping. During Final Technical Review,
staff wiil ensure that the existing landscaping compiles with the ordinance. Parking lot
landscaping and a street buffer is required for the parking lot behind the historic houses. No
other landscaping is required, nor is open space.

Zoning - Current zoning is Central Business District. The applicant is requesting to rezone the
subject properties to Central Business Expansion District (CBD EXP). Conditional Zoning is
required because of the inclusion of lodging as a use according to Section 7-5-9.1 (a)(1) of the
UDO.

Required Reviews - The applicant held a community meeting on August 27. The discussion
included questions/concerns about outdoor lighting, dumpster locations, landscaping and traffic
and access into the site from Lexington.

The Technical Review Committee met about this project on October 1 and it was approved with
conditions. The Downtown Commission reviewed the project on October 12. The Commission
recommended denying approval to the project based on the South Lexington side of 155
Biltmore not having habitable space lining the parking garage and not meeting fenestration
requirements on South Lexington. The vote was 5-3 against the project.

The Planning and Zoning Commission will review the project and make a recommendation to
City Council. City Council review and approval is required for this project. Final TRC review will
be required if it is approved by City Council.

Community Comments - Staff received a statement of comments from the South Slope
Neighborhood Association. These comments addressed landscaping between the parking lot
and S. Lexington, noise, and trash pickup. As there is an event lawn planned for the southeast
comer behind 137 Biltmore, they are requesting as much landscaping as possible to help with
noise traveling to the residences. There is a strong preference for trash to be picked up along
Biltmore Avenue (project is proposing South Lexington). The neighborhood association also
mentioned lighting that could intrude on Lexington Station as a concern.

UDO Compliance for the historic houses: 123.129 and 137 Biltmore Avenue
As the three historic houses on Biltmore are being preserved and have preservation easements
placed on them, staff is not analyzing the design of these existing buildings. The code supports
retaining and preserving the existing buildings and their grounds. All three houses will have
operable front doors serving as pedestrian entrances.
UDQ Compliance for new construction at 155 Biltmore - Design and Operational Standards
Overall, the design of 155 Biltmore complies with most of the UDO design and operational
standards of the CBD-Expansion zone district. This includes the streetwall and step-backs,
design organization, screening mechanical equipment and pedestrian entrances.

Since the review at the Downtown Commission, the design has changed to bring the
fenestration along 8. Lexington into compliance. There is also now habitable space on the rear
of the parking deck along 8. Lexington. The requirement is for 20 feet of habitable space to line
parking structures. The spaces provided are between 19 -22 feet deep and include a retail
space, hotel lobby and an additional entrance to the restaurant above.

Lastly, the building is stepped back away from 145 Biltmore and creates a courtyard at the front
of the building. This courtyard is deeper than allowed by code (60-70 feet deep), and will be
specified in the B-1 Conditions for City Council. The Design Review Committee and Downtown
Commission supported the courtyard as it allows light and air to the adjacent building, and is an
activated space.

Compatibilitv Analysis: The proposed project should be compatible physically with the
surrounding context. The project is restoring three existing houses and the new building is five
stories on Biltmore, and will be much smaller than the adjacent future building at 145 Biltmore.
Generally speaking hotel uses are compatible in downtown where there are mix of uses.

Compliance with Comprehensive Plan: In the newly adopted Living Asheville Comprehensive
Pian, the Future Land Use Map identifies this area as Downtown. Generally speaking the Living
Asheville plan reinforces downtown as the center for a mix of uses including hotels, residential,
and a wide variety of commercial uses. It also states, "Lodging is essentiai to the mix of uses
downtown and while additional lodging uses may be appropriate, they must be considered in
context with other development so that the variety and mix of uses, which give downtown its
distinctive character is not compromised."

There have been numerous public comments in different forums that indicate some members of
the community feel that the character of the downtown is threatened and that downtown has
become predominantly oriented towards tourists. This concern is further supported by City
Council comments at the October 23, 2018 meeting suggesting that the number of lodging
facilities may be out of balance and additional scrutiny and consideration is warranted. It was
mentioned that Council is planning a work session to look at hotels both in downtown and the
city in general. The Living Asheville plan also recommends further study on all lodging types
and how they impact the local community, which would assist future reviews of hotel proposals.

2036 Council Vision Considerations: The proposal aligns with the 2036 Council vision in the
following area:
• A Well-Planned and Livable Community - the development is oriented to be pedestrian
friendly and is preserving four historic structures.

Considerations:
 • Since 2015, four hotels have opened in downtown with a total of 564 rooms. There are
another 365-391 rooms that are either under construction or approved in the CBD.
• The new building at 155 Biltmore is an appropriate scale for this area, and the courtyard
also reduces its impact on the Biltmore side of the street. The preservation of the three
historic houses is a very positive aspect of the project.
• Traffic is largely limited to two driveways on 8. Lexington, and two driveways are being
eliminated from Biltmore Avenue.
• Improved sidewalk facilities along Biltmore and South Lexington Avenues.
• The location of this lodging facility is in a part of downtown where there are fewer hotels;
the majority of hotels are located to the north of the subject site.

Staff Recommendation: Staff supports the proposed rezoning in that it meets the downtown
code and design guidelines and will help preserve the three historic houses and carriage house
that are important remnants of a past age. The use as a hotel and restaurant will bring visitors
to an area of downtown that has been less vibrant than other areas.

Suggested Motion: I move to approve the rezoning request from Highway Business District to
Central Business Expansion District (CBD EXP) for the Family Lodge at 155 Biltmore Avenue
Road with the requested conditions and find that the request is reasonable, is in the public
interest and is consistent with the Comprehensive Plan in that: (1) the project will rehabilitate
three historic houses on Biltmore Avenue; (2) the new building is compatible with the
surrounding context; and, (3) the project will improve pedestrian access and infrastructure on
both Biltmore and S. Lexington avenues.

Attachments:
(1) Exhibit A & B maps
(2) Exhibit C Site Plans and Elevations
(3) Draft B-1 Conditions
(4) DTC Draft Minutes, 10-12-18
(5) DTC Report
(6)TRC Comments
(7) Draft Ordinance
 Planning & Zoning Commission Meeting
Minutes of November 7, 2018 1st Floor
North Conference Room - City Hall

Present: Chair Laura Berner Hudson; Vice-Chair Tony Hauser; Joe Archibald, Jim Edmonds, Karl Koon,
Gulllermo Rodriguez and Sandra Kilgore
Absent: None

(4) A request to review a conditional zoning from Central Business District(OBD)to Central
Business District Expansion District(CBD EXP-CZ). The proposal Is to construct a 56-room hotel
In one new 5 story building and three existing buildings. The project Is located on four parcels
totaling 1.56 acres known as 155,137,129, and 123 Blltmore Avenue and PINs 9648-48-3860,
9648-48-3740, 9648-48-3611, and 9648-49-2474. Planner coordinating review - Sasha Vrtunskl.

Urban Planner Sasha Vrtunskl presented the project to the Commission and oriented the Commission to
the site. Ms. Vrtunskl explained that the project Is a request for Central Business District Expansion
Conditional Zone(CBD-CZ)which Is different than a Lodging Expansion Conditional Zone. The CBD-CZ
requires a 12 ft. sidewalk along the primary frontage which Is Blltmore Avenue. It Is being provided In front
of 155 Blltmore, but the sidewalk In front of the historic houses will be the existing width. Along that
frontage there Is a historic wall that Is protected by a preservation easement. The rear sidewalk along
South Lexington will be 10 feet except for a portion of South Lexington where existing mature trees are
being preserved.

Parking is being provided In the basement of the new building and In a existing surface parking lot at the
rear of the historic houses. Parking lot landscaping required and the plans show the plan is meeting It.

The project was reviewed by the Technical Review Committee and was approved with conditions. The
Downtown Commission voted 5-3 to not approve the design of the project. The reasons the Commission
cited were that the building was not meeting the fenestratlon requirements along South Lexington, which Is
a Key Pedestrian Street, and that the project did not provide habitable space fronting the parking garage
on South Lexington Avenue. This Is a requirement In the CBD-CZ standards. Since the Downtown
Commission meeting, the designers have changed the design and It now meets these two requirements.

The larger courtyard In front of 155 Blltmore does not meeting the requirements of the UDO as It Is deeper
than allowed. As 145 Is a taller building and very close to the side property line, the courtyard will provide
light and air between the two buildings and will provide a larger gathering space, and because the
proposed structure Is rather large. The Downtown Commission supported this part of the design as well.

Staff did not analyze the UDO compliance of the historic houses as the code does not require changing a
historic structure to comply with newer requirements. The houses are also covered by historic
preservation easements. If the project Is approved, the developer Is seeking Historic Tax Credits, and the
rehabilitation of the houses will undergo a strict design review, reviewed and approved by the State
Historic Preservation Office(SHPO).

The South Slope Neighborhood Association and residents of Lexington Station have submitted comments
about light, noise as well as trash pick up. Ms. Vrtunskl addressed how the project design will address
those comments. There will be additional landscaping between the historic houses and South Lexington,
and the lighting ordinance should ensure that there is no light trespassing onto adjacent properties. Trash
will be picked up on Lexington Avenue, which Is not what neighbors wanted, but because of the grade.
trash pickup along Biltmore would be difficult.

In reviewing a conditional zoning project, staff looks at compatibility, compliance with the comprehensive
plan and alignment with City Council goals. This project Is generally compatible with the comprehensive
plan. Ms. VrtunskI showed the different contextual views of the buildings provided for design review. Staff
believes the new building will be compatible In this area of downtown which Is growing.

In terms of compliance with the Living Ashevllle Comprehensive Plan, the Future Land Use section of the
plan does address downtown and lodging uses and states: "Lodging Is essential to the mix of uses
downtown and while additional lodging uses may be appropriate, they must be considered In context with
other development so that the variety and mix of uses, which give downtown Its distinctive character Is not
compromised"

Looking at a map of hotels in downtown, most are located north or along College and Fatten Avenue with
the exception of the Aloft. So in this very Immediate vicinity of downtown, there are not a lot of hotel
rooms. However, there has been a lot of public comment about hotels In downtown In general and
whether there are too many. Recent Council discussion Indicates

Chair Hudson asked how many parking spaces were being provided at 155 Biltmore. Plans indicate that
there are 25 spaces In the Internal garage. Chair Hudson asked If the application has to be considered as
one and Ms. VrtunskI explained that this Is the project as submitted, but the Commission could speak with
the applicant about that Issue. Generally staff Is recommending approval but there are Issues with lodging
In downtown that may affect their review.

Attorney Gene Ellison Is representing the Family Lodge project, which will be directed towards hosting
and entertaining families. He said that he thinks the greatest thing about the project Is that It would
preserve the 3 historic homes at 155 Biltmore Avenue there will be a restaurant. There will be parking
under the building at 155 Biltmore Avenue. It will Improve the pedestrian experience by eliminating two
curb cuts for driveways will be an Improvement for the pedestrian experience. He emphasized that the
grounds of the historic houses will provide a lot of green space and event areas.

He said that the developers would like to keep It together as one project. He Introduced the development
team.

Mr. Archibald asked about a pedestrian connection between Biltmore and Lexington Avenues and whether
Is a full six foot sidewalk. Chris Day explained that there will be pedestrian access between 145 and 155
Biltmore that It Is a required access to the public way, and that It will be open to the public.

Mr. Day discussed the design process and that there was originally vehicle access to 155 Biltmore In the
front with some parking In the courtyard space. Mr. Day confirmed that the fenestratlon on the ground floor
of 155 Biltmore on the Lexington facade also changed after the Downtown Commission meeting. Mr. Day
showed the original parking layout for 155 Biltmore and explained how the layout was revised, removing 4
spaces and providing the habitable space along South Lexington.

There Is a retaining wall and that will be removed with the building going down to grade level. The benefit
of keeping all the properties together Is the historic structures will be that the properties will be managed
from one location and the grounds are available for the use of guests. Each suite In the new building will
have a separate bedroom., which Is a family friendly layout.
In response to Commission questions, Mr. Day stated that there will be several roll out trash receptacles
that is internal to the site. Bicycle parking will be provided.

The floor was opened for public comment at 8:14, and seeing none, it was closed at 8:14 p.m.

Discussion

Mr. Rodriguez stated that he is glad to see the activation and there is a great flow on the property. He
stated that the relationship between 145 and 155 Biltmore works and that the entrance feature to the
courtyard works well.

Chair Hudson said that she is trying to develop objective criteria in reviewing lodging proposals and is in
favor of redevelopment of 155 Biltmore. But she has a hard time with the converting existing buildings and
uses into lodging. She thinks we will be losing our mix of different uses and that it being compromised. Ms.
Hudson stated that she isn't in favor of turning almost an entire city block into lodging and that will
negatively impact downtown. If the developer was willing to split up the project she could vote in favor.

Mr. Archibald stated that he has the opposite view ant that the new building at 155 Biltmore would be
better suited to a residential use. He could see small apartments which would allow people who work
downtown to live there. He would support converting the historic houses to a lodging use. Mr. Edmonds
likes the entire project and supports it.

Chris Day explained that the existing buildings are in dire need of renovation and this will provide a way to
preserve these properties. Converting the use of these buildings to an office use would be very expensive
and using these properties as housing would create some very strange areas that wouldn't be necessarily
great for people that would live there.

Mr. Rodriguez made the motion to recommend approval of the project.

Motion: I move to approve the rezoning request from Central Business District(CBD)to Central Business
Expansion District(CBD EXP)for the Family Lodge at 155 Biltmore Avenue Road with the requested
conditions and find that the request is reasonable, is in the public interest and is consistent with the
Comprehensive Plan in that:(1)the project will rehabilitate three historic houses on Biltmore Avenue;(2)
the new building is compatible with the surrounding context; and,(3)the project will improve pedestrian
access and infrastructure on both Biltmore and S. Lexington Avenues.

The motion was seconded by Mr.

Edmonds

The motion passed 5-2 with Commissioners Archibald and Chair Hudson
opposing

Mr. Archibald made a motion to adjourn the meeting. The motion was seconded by all
Commissioners and the meeting was adjourned at 8:45 p.m.
Recommendation*

of the Asheville Planning and Zoning Commission

SUBJECT: 155 Biltmore Avenue - Conditional Zoning Review

REQUEST: A request for the review of a conditional zoning request to allow the construction of a 56-room
hotel across one new 5 story building and three existing buildings. The project is located on
four parcels totalling 1.56 acres known as 155,137,129, and 123 Biltmore Avenue and PINs
9648-48-3860, 9648-48-3740, 9648-48-3611, and 9648-49-2474. The applicant is pursuing a
rezoning to Central Business District Expansion - CZ District.

Case Number: 18-05805PZ

RECOMMENDATION: The Planning and Zoning Commission recommends approval.

The Planning and Zoning Commission voted to recommend approval of

FINDINGS AND conditional zoning request for Central Business District to Central
REASONS Business District Expansion Conditional Zone for the 155 Biltmore project
CONCERNING requested conditions and find that the request is reasonable, is In
PLAN CONSISTENCY: public Interest and is consistent with the Comprehensive Plan and
other adopted plans In that: (1) the project will rehabilitate three historic
houses on Biltmore Avenue;(2) the new building is compatible with the
surrounding context; and.(3) the project will Improve pedestrian access
and Infrastructure on both Biltmore and S. Lexington avenues.

Case Historv

Staff Coordinator: Sasha Vrtunski, AlCP, Urban Planner II

Heard by Planning and Zoning Commission: November 7, 2018

Vote: 5-2

Motion: Commissioner Rodriguez

Second: Commissioner Edmonds
In Favor:, Vice-Chairman Mauser, Commissioners Edmonds, Kilgore, Rodriguez and Koon
Opposed: Chair Hudson, Commissioner Archibald

This document is a true and accurate statement of the findings and recommendations of the Asheville
Planning and Zoning Commission.

11/29/2018
Laura Hudson, Chair Date
Asheville Planning and Zoning Commission

•This recommendation is being made pursuant to NCGS 160A-383 requiring the planning board to provide a written
recommendation to the governing board that addresses pian consistency and other matters as deemed appropriate by the pianning
board.
 ORDINANCE NO.

ORDINANCE ESTABLISHING CONDITIONAL ZONING FOR PROPERTY

LOCATED AT 123, 129,134 and 155 BILTMORE AVENUE

WHEREAS, the City of Asheville has the authority pursuant to Part 3 of Article
19 of Chapter 160A of the North Carolina General Statutes, to adopt zoning regulations,
to establish zoning districts and to classify property within its jurisdiction according to
zoning district, and may amend said regulations and district classifications from time to
time in the interest of the public health, safety and welfare; and

WHEREAS, a comprehensive amendment to the City's zoning regulations was

adopted on May 27, 1997, (Ordinance No. 2369) and is codified in Chapter 7 of the
Asheville Citv Code (herein "Zoning Ordinance"), and maps dividing and classifying the
property within the City's zoning jurisdiction were adopted on May 27, 1997(Ordinance
No. 2370) and are on file and maintained in the Offices of the Asheville City Planning
and Development Department(herein "Official Zoning Map"); and
WHEREAS, this proposed amendment is consistent with the City's 2025
Comprehensive Plan and is determined to be to be reasonable and in the public interest
for the following reasons:

a) The project will rehabilitate three historic houses on Biltmore Avenue,

consistent with the City's comprehensive plan goals of encouraging historic
preservation and adaptive reuse;
b) The new building is compatible with the surrounding context;
c) The project will improve pedestrian access and infrastructure on both
Biltmore and South Lexington avenues; and
d) The proposal is aligned with the Future Land Use map in the Living Asheville
Comprehensive Plan.

NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE

CITY OF ASHEVILLE THAT:

Section 1. The Official Zoning Map be, and the same is hereby, amended as follows:

The zoning classification of that certain real property described in Exhibit

A and identified on Buncombe County tax maps as PIN 9648.48-3860
recorded in Deed Book 5620, Page 0482 and currently owned by
McNorthup Properties LLC; PIN 9648.48-3740 recorded in Deed Book
1685, Page 0577 and currently owned by 137 Biltmore Associates; PIN
9648.48-3611 recorded in Deed Book 1409, Page 0510 and currently
owned by 137 Biltmore Associates; and PIN 9648.48-2474 recorded in
Deed Book 5359 and Page 1124 and currently owned by 155 Biltmore
 LLC from Central Business District (CBD) to Central Business District
Expansion Conditional Zoning District (CBD EXP-CZ). A copy of the
official zoning map showing said lot is attached hereto as Exhibit "A.1"
and made a part hereof. Said rezoning is subject to the conditions set out
in Exhibit "B.l", and substantially complies with the site plans shown in
Exhibit "C", both attached hereto and made a part hereof.

Section 2. That the Office of the Zoning Administrator is hereby authorized and
directed to make the changes as herein before enacted in said zoning map.

Section 3. That if any section, subsection, sentence, clause, or phrase of this

ordinance is, for any reason, held to be invalid, such decision shall not affect the validity
of the remaining portions of this ordinance. The City Council hereby declared that it
would have passed this ordinance, and each section, subsection, sentence, clause, or
phrase thereof irrespective of the fact that any one or more sections, subsections,
sentences, clauses, or phrases be declared invalid.

Section 4. The ordinances shall be enforced as provided in Article XVIII of Chapter

7, Section 1-5 of the Asheville City Code.

Section 5. That this ordinance shall be in full force and effect on the date of adoption.

Read, approved and adopted the 26th day of March,2019.

City Clerk Mayor

Approved as to form:

City Attorney
 OfFlCE: 324 CHARLOTTE STREET, ASHEVILLE, NC 28801
MAILfNG: P O BOX 2806, ASHEVILLE, NC 28802
828-254-2343 PSABC.ORG

December 11,2018

City Council of Asheville

P 0 Box 7148
Asheville, NC 28802

Dear City Council,

PRESERVATION
SOCIETY OF

The Preservation Society of Asheville and Buncombe County(PSABC) has noted a

ASHEVILLE Council agenda Item that Includes the potential redevelopment of three historic
BUNCOMBE properties located at 123,129 and 137 Biltmore Avenue.

We would like to make clear to you that all three of these properties are
permanently protected by preservation easements held by PSABC and recorded at
BOARD OF DIRECTORS
the Buncombe County Register of Deeds. We retain architectural review over any
AMY HORNAOAY.PRESIDENT

DOUOLAS ELLINGTON. VICE PRESIDENT proposed alterations, additions and rehabilitation plans, regardless of the use of the
CAROL HENSLEY.SECRHARY properties. PSABC does not retain any restrictions relative to the use of the
BRIAN HUNTER. TREASURER
properties,though we do hope that a suitable, sustainable use can be found that
JENNIFER CATHEY. PAST PHESICEMT
will ensure the vitality and on-going preservation of these important historic places.
KEVIN BROADWATER
CRAIGCLINE

DOMINEYOREW

L^LIE KLINGNER Sincerely yours.

BETTY LAWRENCE

DAVID NUTTER

KIETAOSTEEN-COCHRANE

SHELLEY PEREDA

PAUL REEVES
Oack W. L. Thomson
GATE SCALES
Executive Director
TRACY VETETO

JEANNE WARNER
CYNTHIA WATSON
CC: Debra Campbell, City Manager
Todd Okolichany, Director of Planning and Urban Design
JACK THOMSON Sasha Vrtunski, Urban Planner II
EXECUTIVE DIRECTOR
JESSIE LANDL
OIREaOR OF DEVELOPMENT