(a) Level III development.
(1) Purpose and application. Due to their size and/or height, along with the level of activity associated, Level III Developments are expected to have a significant impact upon public services and infrastructure and the character of the downtown environment, and need to be managed for the benefit of the neighborhood or city as a whole. Approval for a Level III development for parcels zoned Central Business District and located in the Downtown Design Review Overlay District (CBD/DDR) require rezoning to the Central Business Expansion District and includes individualized development conditions. If a property is currently zoned Central Business District, the only available expansion district for rezoning is Central Business Expansion District. Proposed developments in the Central Business District which fall into one or more of the following categories are Level III developments:
a. Any new construction and/or changes of use to a higher impact use with a building(s), structure(s) or development(s) having a gross floor area of 100,000 square feet or more.
b. Any new construction, and/or changes of use to a higher impact, of buildings, structures, or developments that are above 100 feet in height. Height in the Central Business District is measured as specified in 7-8-18 of this chapter.
c. Any hotel, whether alone or in combination with other uses, that:
1. Fails to meet the criteria found in subsection 7-9-7(f) of this chapter,
2. Is over 100 feet in height, or
3. Has a room count over 115 rooms.
d. Projects which were not previously approved as a Level III project, but which, with an addition or expansion meets all of the following shall be considered Level III projects: (i) result in a net increase of at least 25 percent or more of the thresholds in section 1(a) above; and (ii) will, with the addition or expansion, reach the minimum thresholds in section 1(a) above.
e. Developments which meet all of the following criteria shall be considered one development and shall be reviewed as a Level III project under this section:
1. The proposed development and a previously approved development are located within 500 feet of each other; and
2. The proposed development and a previously approved development represent different phases of a larger plan that may, or may not, include shared parking facilities, access, utilities or walls; and
3. The application for the proposed development is received within three years of the issuance of a certificate of occupancy for a previously approved development.
(2) Rezoning required. All Level III developments must be zoned Central Business Expansion District and include individualized development conditions along with development plans.
(3) Application procedure. Applications for Level III development follow the conditional zoning process specified in section 7-7-8 of this chapter. In addition, the following procedures apply:
a. Notification for the developer's neighborhood meeting outlined in subsection 7-7-8(d)(3) shall also be provided to physical addresses within the notification area;
b. After the review and recommendation by the technical review committee, the development application will be forwarded to the downtown commission. The commission shall schedule a public hearing to receive comments regarding the proposal. Review and action shall be taken in accordance with subsection 7-5-10(b). The downtown commission shall act on the proposed development application within 120 days of receipt. Following a completed review by the downtown commission the plans shall be transmitted to the planning and zoning commission and shall follow the process outlined for conditional zoning approval.
c. Public hearings held by the downtown commission shall be exempt from published notice requirements specified in subsection 7-5-20(b)(1).
(b) Level II site plan review process.
(1) Purpose and application. The Level II approval is required for development projects on parcels zoned Central Business District and located in the Downtown Design Review Overlay District (CBD/DDR). This process is required for one or more of the following categories of development:
a. Any new construction and/or changes of use to a higher impact for a building(s) structure(s) or development(s) having a gross floor area of 20,000 to 99,999 square feet and which are below 100 feet in height. Height in the Central Business District is measured as specified in section 7-8-18 of this chapter.
b. Projects which were not previously approved as a Level II project, but which, with an addition or expansion meets all of the following shall be considered Level II projects: (i) results in a net increase of at least 25 percent or more of the thresholds in section 1(a) above; and (ii) will, with the addition or expansion, reach the minimum thresholds in section 1(a) above.
c. Developments which meet all of the following criteria shall be considered one development and shall be reviewed as a Level II project under this section:
1. The proposed development and a previously approved development are located within 500 feet of each other; and
2. The proposed development and a previously approved development represent different phases of a larger plan that may, or may not, include shared parking facilities, access, utilities or walls; and
3. The application for the proposed development is received within three years of the issuance of a certificate of occupancy for a previously approved development.
(2) Pre-application procedure.
a. All applicants for Level II site plan review in the CBD/DDR are required to schedule a pre- application conference with city staff as provided in subsection 7-5-9(b)(2)a. of this chapter.
b. The prospective applicant shall meet with the surrounding community during the pre-application phase. No application for Level II development shall be accepted for review by the city unless the following criteria are met:
1. A community meeting shall be held with the surrounding residents of the proposed development site at least 14 days but not more than four months prior to any application submission to the city. This meeting shall follow the principals outlined in the “Neighborhood and Community Meeting Guide for Development” (Guide) as maintained by the city.
2. Notification requirements. The meeting shall be advertised as follows:
(a) A sign meeting the requirements found in the guide shall be posted on each street frontage of the proposed development site at least 14 days prior to the meeting date; and
(b) Mailed notice shall be sent to all physical addresses and property owners within 200 feet of the proposed development site. This notice shall follow the published template provided by the city; and
(c) E-mailed notice shall be sent to any neighborhood association or organization on file with the city’s neighborhood services section at least 14 days prior to the meeting date; and
(d) The prospective developer or designee shall register the neighborhood meeting with the city on a form provided by the city at least 14 days prior to the meeting date.
3. Evidence of compliance with this section shall be provided to the city on a form provided by the city prior to submittal of any application for Level II development.
(3) Plan submittal. Plan submittal for Level II development projects in the CBD/DDR shall be as set forth in subsection 7-5-9
(b)(3) of this chapter. Developments with phased components shall be required to also submit a phased master plan.
(4) Action by the technical review committee. Conceptual plans for development requiring Level II project review in the CBD/DDR shall be submitted and reviewed by the technical review committee in accordance with subsections 7-5-9(b)(3)(d), although the technical review committee does not issue final approval. The development plans, recommendations and comments from the technical review committee are forwarded to the downtown commission for consideration and review.
(5) Action by the downtown commission. Upon receipt of the conceptual development plan and the approval of the technical review committee, the downtown commission shall schedule a public hearing to receive comments regarding the proposed project. Review and action shall be taken in accordance with subsection 7-5-10(b), major works. The downtown commission shall act on the proposed development application within 120 days of receipt. Following a completed review, the plans shall be forwarded to the planning and zoning commission for a decision.
(6) Action by the planning and zoning commission. Upon receipt of the conceptual development plan and the recommendation from the technical review committee and the downtown commission, the planning and zoning commission shall schedule a public hearing to receive comments regarding the proposed project. The public hearing shall be scheduled for the next available meeting of the commission. The commission shall review the conceptual site plan for compliance with applicable standards.
(7) Final review by the technical review committee. Following approval of the application and conceptual development plan by the planning and zoning commission, a detailed development plan shall be submitted to the technical review committee for review and approval prior to permit issuance.
(8) Public notification. Notice for all public hearings required under this section for Level II site plan review in the CBD/DDR (excluding the required developer's neighborhood meeting) shall be provided in accordance with the provisions of section 7-5-20 of this chapter, except that public hearings held by the downtown commission shall be exempt from published notice requirements.
(9) Variances. Variances requested in conjunction with a Level II site plan under this section shall be considered by the planning and zoning commission, serving as the board of adjustment and acting in accordance with the provisions of section 7-6-1. The downtown commission shall provide feedback to the applicant on the proposed variance.
(10) Appeals. Appeals of Level II site plans under this section shall be made to the board of adjustment in accordance with the provisions of section 7-6-2.
(11) Approvals. Approvals shall be valid for 24 months from the date of approval by the planning and zoning commission. Failure to obtain a zoning permit or otherwise begin the permitted use within this time shall render the approval void. The planning and urban design director shall grant a single extension of this time period of up to six months upon submittal by the applicant of sufficient justification for the extension. Nothing herein shall be construed to extend any time limitations prescribed by statute or by other ordinances of this chapter.
(13) Violations. Violations of the approved Level II site plan shall be considered a violation of this chapter and be subject to the enforcement and penalty provisions of article XVIII of this chapter.
(c) Level I site plan review process.
(1) Purpose and application. This Level I approval is required for development projects on parcels zoned Central Business District and located in the Downtown Design Review Overly District (CBD/DDR). This review process is required for the following categories of proposed developments:
a. All new construction, changes of use to a higher impact, or additions not meeting the threshold for Level II site plan review.
b. Changes that modify the exterior walls and/or roof of an existing building.
c. Renovations with a total cost exceeding 75 percent of the appraised value of the building, as determined by the Buncombe County Tax Assessor or by an MAI-certified real estate appraiser.
d. Developments which meet all of the following criteria shall be considered one development and shall be reviewed as a Level I project under this section:
1. The proposed development and a previously approved development are located within 500 feet of each other; and
2. The proposed development and a previously approved development represent different phases of a larger plan that may, or may not, include shared parking facilities, access, utilities or walls; and
3. The application for the proposed development is received within three years of the issuance of a certificate of occupancy for a previously approved development.
(2) Pre-application procedure.
a. A predevelopment conference with the planning staff prior to the preparation of development plans is recommended.
b. It is highly recommended that the developer meet with representatives of the area in which the proposed project is located. This meeting should be held prior to project submittal. The developer is responsible for providing notification to property owners of such a meeting. It is recommended that this notification be done in accordance with subsection 7-5-9.1(b)(2)(b) above.
(3) Plan submittal. Plan submittal for Level I plan review in the CBD/DDR shall be as set forth in subsection 7-5-9(c)(3).
(4) Staff review. Plans for development requiring Level I review in the CBD/DDR shall be reviewed in accordance with subsection 7-5-9(c)(4) of this chapter except that prior to obtaining any permits, the plans must be reviewed by designated staff for compliance with downtown design standards.
(5) Public notification. Public notice shall not be required for Level I review in the CBD/DDR.
(6) Downtown commission review. Applications for Level I review are not subject to review by the downtown commission.
(7) Variances. Variances requested in conjunction with a Level I site plan under this section shall be considered by the planning and zoning commission, serving as the board of adjustment and acting in accordance with the provisions of section 7-6-1. The downtown commission shall provide feedback to the applicant on the proposed variance.
(8) Appeals.. Appeals of Level I site plans shall be made to the board of adjustment in accordance with the provisions of section 7-6-2..
(9) Approvals. Approvals for Level I site plan review in the CBD/DDR shall be valid for one year from the date of approval. Failure to obtain a zoning permit or perform substantial work within this time shall render the site plan approval void. Nothing herein shall be construed to extend any time limitations prescribed by statute or by other ordinances in this chapter.
(10) Violations. Violations of the approved development plan for developments requiring Level I site plan review in the CBD/DDR shall be considered a violation of this chapter and subject to the enforcement and penalty provisions of article XVIII of this chapter.
(Ord. No. 3930, § 1b, 11-23-10; Ord. No. 4560, § 1c, 2-14-17; Ord. No. 4637, § 1f, 1-9-18; Ord. No. 4855, §§ 1(i), (j), 2-23-21; Ord. No. 4361, § 1e, 3-23-21; Ord. No. 5020, § 1(c), 6-13-23)