Biltmore Project Moves Forward

Like an appetizer before the big meal, Tuesday’s council meeting began with a resident urging the city to ban the sale of lighters because their only use is for “mischief.” Then the council sunk its teeth into the evening’s main course—the Biltmore Apartment approval.

In a 3-2 vote, the construction of more than 70 new apartment units to the Biltmore Apartments and 7,000 square feet of retail space at the intersection of Steven’s Creek Boulevard and Blaney Avenue was approved with Mayor Mark Santoro and Councilmember Barry Chang voting no.

The proposed project includes demolition of now-vacant Chili’s restaurant and commercial buildings skirting the one structure to remain on the site, Village Falafel (of former Cicero’s Pizza fame), totaling 21,000 square feet of commercial space, to make way for the construction of more than 70 new apartment units and 7,000 square feet of commercial space.

The approval came after much debate, including some stern discussion by Councilmember Rod Sinks, who ultimately voted in favor of the project.

Issues of contention included the failure of the developer to heed the wishes of the council to propose a plan that would have more commercial space and fewer residential units.

"We asked you to come back with more retail and something close to 60 [residential] units,” Sinks said. “You're coming back to us with something substantially similar to what you presented last time.”

Both Santoro and Chang objected to the loss of 14,000 square feet of retail space to the city.

"I hated this project,” Santoro said, while Chang asked if the proposed 7,000 square feet would generate more tax revenue than perhaps 10,000 square feet or more.

Jon Moss, executive vice president and partner at Prometheus, explained that the proposal was to prevent what he called “unsuccessful retail.”

"I am convinced the buildings that are out there are pretty rough," Moss said, adding that more retail space at this site, not visible from Steven’s Creek, would cause retail to “die on the vine” and create greater parking issues.

Vice Mayor Orrin Mahoney echoed agreement.

"I think there is good retail and bad retail,” Mahoney said. “Square feet alone does not make a good project."

Parking was another concern of the council that worried increased units would cause more parking on nearby streets and further clog the Blaney corridor with traffic.

A remedy was reached in which the city would require more than the proposed 1.7 parking spaces per residential unit, and require that enclosed parking structures in the complex not be used for storage.

At the end of the evening the question remained if the project should happen at all.

There was more housing units than was asked for, less retail space, and an overall feeling that the issue at hand wore down the council.

Between demanding that the council “should damn well get the credit" of new housing construction when told they might not have gotten it, and pounding his desk when the math for the proposed residential units didn’t add up—and telling the Prometheus group to pick up its trash and mow the law—the gamma rays faded and Sinks realized that the city could win the battle but lose the war.

If the plan was rejected, Sink argued, Prometheus could sue the city using the state’s density bonus law and construct even more housing than was ever proposed.

(The Density Bonus law is an incentive for developers to build affordable housing; if a developer sets aside a portion of the units for affordable housing, a greater number of units can be built than what local zoning allows.)

Striking a deal with Mahoney and Councilmember Gilbert Wong, the proposed construction will have 68 new units with 12 floating units which can be built anywhere on the property. Also amended to the proposal was Santoro’s suggestion that parking be higher than 1.7 per unit and enclosed garages must be free for vehicle parking and not used for storage.

The council also voted to approve the removal of two cork oaks on the site for health reasons, with Wong dissenting; the larger of the two oaks was assessed at 20 percent health far less than the now dead oak tree behind Island Burgers, which the council voted to preserve.