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Trader Joes

Should the Zoning Adjustments Board Approve the Project Proposed for 1885 University Avenue?

Issue suggested by Councilmember Gordon Wozniak
Article written by Michael Smearer, Kitchen Democracy Writer

Summary

On December 14th, the Zoning Adjustments Board (ZAB) will again consider a project in the very heart of Berkeley when they discuss the staff's findings. The one-acre site is currently the home of a small plaza that houses Kragen Auto Parts, a couple of empty retail spaces, and an adjacent parking lot. The parcel is bounded by University Avenue on the south, Martin Luther King Jr. Way on the east, and Berkeley Way on the north. The project before the board calls for the demolition of the existing building to make way for a mixed-use project that fills the entire parcel.

The new structure contains a ground floor of parking and retail space upon which sit two distinct residential buildings. The proposed project includes 148 dwelling units and a little over 14,000 square feet of commercial space, most of which will be occupied by a Trader Joe's grocery store. The residential buildings reach a height of 5 stories, with incremental setbacks planned for upper floors of the residential-facing building to the north. The plans call for a total of 157 parking spaces, 109 of them located below-ground and dedicated for residential use and 48 set aside for commercial use in a separate garage on the north side of the building. An entrance on MLK Jr. Way would serve half of the residential units and an entrance on Berkeley Way would serve the other half of the units and the commercial parking garage. The plans include a barrier on Berkeley Way and a signal at the corner of Berkeley Way and MLK Jr. Way to help mitigate the expected increase in traffic.

Facts and Opinions

In favor	Opposed
Proponents of the project offer that the building provides good, moderately and affordably-priced housing close to major public transportation lines. The developers publicly espouse the principal of "in fill" development - recycling neglected, centrally-located, urban property into fairly dense, often mixed-use, community-enhancing buildings. Furthermore, they have stated that without the required variances, permits, and additional bonus units, the currently-proposed project is financially infeasible and thus would not be built. Many individuals in both the immediate and surrounding community, are excited about the convenience of a grocery store in downtown Berkeley. Many are enthusiastic about Trader Joe's in particular. The tax revenue generated from the proposed building is not insubstantial. Estimates of the tax revenue go as high as $500,000 per year. A number of civic organizations, owners of local businesses, and city staff have expressed support for a new centrally-located and popular business.. The project provides for a fair number of affordable units to both very-low income and low income households. A traffic analysis was performed and found that the mitigations planned by the developer would be enough to keep traffic flowing smoothly. Additionally, the study found that a traffic barrier on Berkeley Way would insulate the residential portion from an increase in traffic.	Many of the project's opponents aren't comfortable with the overall size of the building. Some have expressed concerns about this area of Berkeley becoming too dense. Some residents and businesses on and around Berkeley Way have expressed concern over parking. Many have discussed current difficulty in parking in the neighborhood and believe a Trader Joe's will dramatically increase the time it takes to find a space close to the block. Some opponents don't like the idea of Trader Joe's itself, stating that it's undesirable to have any large chain store and that it should be a locally-owned business. Some opponents object to the number of variances, permits, and bonus units given to the developer. Some opponents believe that a better building would have more affordable units or that all of the affordable units should be made available to very-low income residents. The immediate neighborhood includes a couple of fairly busy intersections, particularly during peak commuter hours. Opponents argue that the area cannot handle the traffic generated by a Trader Joe's, despite the traffic analysis. Local residents in particular feel that Berkeley Way is not big enough to handle the commercial entrance. Many residents appreciate the traffic barrier, but would prefer it moved further to the east.

In favor

Opposed

Proponents of the project offer that the building provides good, moderately and affordably-priced housing close to major public transportation lines. The developers publicly espouse the principal of "in fill" development - recycling neglected, centrally-located, urban property into fairly dense, often mixed-use, community-enhancing buildings. Furthermore, they have stated that without the required variances, permits, and additional bonus units, the currently-proposed project is financially infeasible and thus would not be built.
Many individuals in both the immediate and surrounding community, are excited about the convenience of a grocery store in downtown Berkeley. Many are enthusiastic about Trader Joe's in particular.
The tax revenue generated from the proposed building is not insubstantial. Estimates of the tax revenue go as high as $500,000 per year.
A number of civic organizations, owners of local businesses, and city staff have expressed support for a new centrally-located and popular business..
The project provides for a fair number of affordable units to both very-low income and low income households.
A traffic analysis was performed and found that the mitigations planned by the developer would be enough to keep traffic flowing smoothly. Additionally, the study found that a traffic barrier on Berkeley Way would insulate the residential portion from an increase in traffic.

Many of the project's opponents aren't comfortable with the overall size of the building. Some have expressed concerns about this area of Berkeley becoming too dense.
Some residents and businesses on and around Berkeley Way have expressed concern over parking. Many have discussed current difficulty in parking in the neighborhood and believe a Trader Joe's will dramatically increase the time it takes to find a space close to the block.
Some opponents don't like the idea of Trader Joe's itself, stating that it's undesirable to have any large chain store and that it should be a locally-owned business.
Some opponents object to the number of variances, permits, and bonus units given to the developer.
Some opponents believe that a better building would have more affordable units or that all of the affordable units should be made available to very-low income residents.
The immediate neighborhood includes a couple of fairly busy intersections, particularly during peak commuter hours. Opponents argue that the area cannot handle the traffic generated by a Trader Joe's, despite the traffic analysis. Local residents in particular feel that Berkeley Way is not big enough to handle the commercial entrance. Many residents appreciate the traffic barrier, but would prefer it moved further to the east.

Background

The developers of the project, Evan McDonald and Chris Hudson, originally proposed a 186 residential unit with 4,000 square feet of commercial space. The application for this project was deemed complete in December of 2004. In October of 2005, the ZAB requested a number of changes to the project pertaining to building mass and height, parking, the amount of ground floor retail, and usable open space. Meanwhile, neighborhood opposition to the project became more forceful. Residents of Berkeley Way in particular expressed concerns regarding neighborhood character, the scale of the building, traffic, and parking. To address the concerns raised by the ZAB, the Design Review Committee and the local neighbors, the developers submitted a modified plan, one with a number of design changes, fewer residential units, and with enough commercial space to support a specialty grocery store, Trader Joe's. That plan went before the ZAB in April of 2006. During that and a subsequent meeting, 8 residential units were removed, bringing the total number of dwelling units to the current 148.

Over the spring and summer, the ZAB dealt with the issue of calculating the 'density bonus,' the additional number of units allowed over what current zoning stipulates. The bonus is given to the developer in return for providing a certain percentage of 'affordable' units. The state law also compels the local zoning board to give the developer a flexible number of concessions (e.g., an extra story). There remains a little bit of controversy over the method used to calculate the bonus for this particular project. City staff had proferred 4 methods for the calculation, and selected one in going forward.

Not a month after that, the ZAB reviewed and took public comment on an environmental report and other documents about the impact of the project on the community. While some adverse affects were recognized, the reports all indicated that the plans adequately mitigated any negative environmental impacts. Mr. Hudson and Mr. McDonald also met with residents of the local neighborhood and presented plans that they said were more sensitive to the local area in terms of increased setbacks, design, and handling of parking needs. At a meeting in early November, the board took comments from the public and Mr. Hudson. There were many voices, both for and against the project.

Should the board vote against the project, Mr. Hudson and Mr. McDonald have stated that they will seek approval for the original design of the building, which has been "deemed complete." They have also said that Trader Joe's will be able to pull out of the signed lease if the project is not completed by 2010. The current project before the board is 4 feet (1 story) taller and 6% "more dense" than is allowed under the zoning without the density bonus. The original project has a larger floor area ratio, is a bit taller, and has no incremental stepping on the upper floors. Should the Zoning Adjustments Board approve all of the necessary permits, opponents of the project will most likely appeal.

Documents

November 9th Staff Report and Attachments for ZAB File size: 22MB
July 13th Staff Report and Attachments for ZAB File size: 1.6MB
June 22nd Staff Report and Attachments for ZAB File size: 3.2MB
May 11th Staff Report and Attachments for ZAB File size: .2MB
Exterior Elevations File size: 2.2MB
Berkeley Way Elevation File size: .6MB

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OVERVIEW

Summary

Facts and Opinions

Background

Documents

Read Statements

Outcome

Approved