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HomeMy WebLinkAboutBZA 3162 - 120 E. Green Street - Decision Ltr1 CITY OF ITHACA BOARD of ZONING APPEALS Area Variance Findings & Decision Appeal No.: 3162 Applicant: Vecino Group Property Location: 120 E. Green Street Zoning District: CBD-140 Applicable Section of City Zoning Code: §325-8, Columns 9 and 14/15. Requirement for Which Variance is Requested: Height in Feet and Rear Yard. Publication Dates: September 30, 2020 and October 1, 2020. Meeting Held On: October 6, 2020. Summary: Appeal of the Vecino Group, in partnership with property owner the Ithaca Urban Renewal Agency, for area variances from Section 325-8, Column 9, Height in Feet, and Column 14/15, Rear Yard, requirements of the Zoning Ordinance. The applicant proposes to demolish the western third of the Green Street Parking Garage and construct a new mixed-use building on the same site at 120 E. Green Street. The first three floors of the building will house a 49,000 SF conference center while floors 4-12 will provide 218 affordable housing units. The project will build upon the existing center section of the Green Street Parking Garage to provide a total of 350 spaces of structured parking. The existing parcel will be subdivided, and the Vecino Group will take ownership of an approximately 55,000 SF parcel that includes the existing western and center sections of the parking garage; the proposed building will be constructed on this site. The City of Ithaca will retain ownership of the remainder of the site, including most of the land used for the City Hall Parking Lot and the alleyway between the existing parking garage and adjacent buildings on the Commons. The first three floors and a portion of the fourth floor will be constructed on the rear property line of the subdivided parcel, providing 0’ of the required 10’ rear yard. The applicant is requesting a variance from the rear yard requirement in order to accommodate the rooms sizes needed to support the conference center and to allow for the provision of a community room on the fourth floor. The remainder of the fourth floor and floors 5-12 will be set back 10’ from the rear property line and will meet the requirement of the Zoning Ordinance. The applicant also proposes to exceed the maximum 140’ building height allowed by the Zoning Ordinance. The southwest corner of the building will be 150’ in height to allow for taller floor-to-ceiling heights in the proposed Sky Terrace on the 12th floor. The property is located in a CBD-140 use district in which the proposed uses are permitted. However, Section 325-32 requires that an area variance be granted before a building permit is issued. CITY OF ITHACA 108 E. Green Street — 3rd Floor Ithaca, NY 14850-5690 DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT Division of Zoning Gino Leonardi, Secretary to the Board of Zoning Appeals Telephone: 607-274-6550 Fax: 607-274-6558 E-Mail: gleonardi@cityofithaca.org 2 Public Hearing Held On: October 6, 2020. Members present: Suzanne Charles Teresa Deschanes, Acting Chair Stephanie Egan-Engels Steven Wolf Joe Wetmore, 115 E. State Street, submitted a two-part written comment in opposition to the requested variance.* Jonathan Jedd & Robert Masse, 141-143 E. State Street, submitted a written comment in opposition to the variance.* * Neither comment was directly related to the requested variance; however, the Board classified them as comments in opposition because (1) they were not in support of the variance and (2) it proved the applicant with the opportunity to respond during Rebuttal. Rebuttal The applicant responded that he has responded directly to Mr. Wetmore. He has met with both Mr. Wetmore and the owners of the Yellow Deli in the past. The only portion of the building that will encroach into the easement are footers that will be 4’-5’ below ground; there will be no above-ground encroachments into the easement. The project team has an agreement drafted for use of the easement area and are currently working with City staff on some of the issues in the agreement. They will be meeting with adjacent property owners in the near future. Tompkins County Review per Section 239 -l & -m of New York State General Municipal Law: The Tompkins County Department of Planning & Sustainability reviewed the proposal and had no recommendations or comments on the requested variance. Environmental Review: This variance is a component of an action that also includes site plan review. Considered together, this is a Type 1 Action under the City of Ithaca Environmental Quality Review Ordinance and the State Environmental Quality Review Act for which the Planning and Development Board, acting as Lead Agency, made a Negative Determination of Environmental Significance on September 22, 2020. Planning & Development Board Recommendation: The Planning Board does not identify any negative long term planning impacts and supports this appeal. The Board has considered all the information provided by the applicant and balanced the following priorities • The need for housing, particularly affordable housing. • A community conference center of a particular size to be located in the downtown core. • The need for adequate space, light and air between buildings for the comfort of building residents, as well as downtown workers and visitors. • The need for a vibrant, safe and interesting pedestrian zone The following information is in the FEAF Part 3 and explains the Board’s reasoning and process for supporting the massing and design of the building, including the required variances: The design of the Asteri Project was recently changed to address Lead Agency feedback regarding the limited space between the Asteri Project and a recently constructed building located to the north (“Harold’s Square”). Harold’s Square received a rear yard variance and was built close to its southern property line. Likewise, the Asteri Project requested relief from the 10' rear yard setback in order to accommodate the space requirements for the community conference center and maximize the number of affordable housing units. Complete relief from 3 the rear yard setback would allow the Asteri Project to be built 12’ from Harold’s Square for the full height. However, although the first 3 floors (containing the community conference center) were designed to be approximately 14’ from Harold’s Square, the residential tower is U-shaped, providing light and air between the buildings. The original design had a slight step back such that there was 19’ between Harold’s Square and the closest walls of the New Building. Nevertheless, the Lead Agency asked the Applicant to explore a design that would provide more space between the two buildings Based on input during the public hearing and Lead Agency discussion, the Applicant presented a revised design at a July 16, 2020 Special Meeting. The new design retains the encroachment in the rear yard for floors 1-4 but steps back floors 5-12 an additional 10 feet to be well within compliance with the rear yard setback. The Applicant stated that the step back was implemented on the fifth floor, rather the fourth floor (the first floor of the residential tower) due to structural requirements pertaining to the size of the conference center ballroom. The revised design is shown in drawings and visualizations contained in the presentation that was shown at a 7- 16-20 special meeting of the Planning Board and in application materials dated 7-23-20. The Lead Agency has reviewed these section and plan view drawings that demonstrate the approximate 14' gap between floors 1-4 and the approximate 24' gap between levels 5-12 of the New Building and Harold's Square. The Lead Agency also reviewed drawings and visualization showing how the Applicant proposes to create more interest on the north façade of levels 2-3 (facing Harold’s Square) and a more welcoming and dynamic pedestrian zone between the two buildings. The pedestrian zone improvements include inset niches between building columns, installation/relocation of public art, lighting and varied building materials. These design changes allow for increased light and air between the buildings and enhance the pedestrian experience between these two buildings. At the July 16 special meeting, the Lead Agency also considered a presentation by representatives of the community conference center working group as well as the Ithaca Conference Center Market and Feasibility Study prepared by Hunden Associates and dated April 2017, updated in 2019 (“Feasibility Study”) to estimate the number, type and attendance of events. This information allowed the Lead Agency to understand the relationship between the size of the ballroom required for a feasible facility and the size and footprint of the New Building. The Lead Agency has determined that the Asteri Project as a whole has many positive aesthetic benefits. Both the Asteri Project and Adjacent Project will transform the north side of Green Street from primarily a service area (parking garage) behind the Commons to an active and vibrant area that will complement development on the south side of Green Street. While there are scenic resources noted in the EAF approximately 2 miles from the Site, the New Building is not expected to be out of scale or character with surrounding structures in the City. The New Building will include the Asteri logo, which has been designed to fit in with the overall aesthetic of the New Building. The Lead Agency has determined that the above listed priorities have been balanced and any potentially minor negative impacts to aesthetic resources have been mitigated to the maximum extent practicable by redesigning the New Building and activating the pedestrian zone. Accordingly, no significant adverse impact to aesthetic resources is anticipated. Deliberations & Findings: Stepback has a significant impact on light and air at the ground level. Members stated that the requested height variance is not substantial. The additional height will be limited to one corner of the building and will serve a specific purpose. As such, there are no significant impacts to the community from the additional height. Members agreed that the rear yard request is a more significant request. The request is for 100% of the rear yard, and the width of the alley will be reduced from 22’ to 12’. However, the Board noted that the primary access to the Commons will be through Home Dairy Alley and not east-west travel through the alley between the buildings. The existing parking garage already encroaches into the rear yard, and the lower stories will be located at the same setback. The upper stories will be stepped back, and the step back has a significant impact on light and air. It was noted that the nearby Harold’s Square building received an identical rear yard variance. Both buildings will be allowed to have window openings due to the 4 maintenance of a public way between the structures. Board members felt this reduced the impacts of the rear yard variance. There was considerable discussion among Board members about the provision of the conference center, particularly one of the size that is proposed as part of the project. One member believes that the convention center is not in the public interest and the approval of the rear yard variance will allow for a larger facility that will have greater impacts. The applicant and City staff noted that this issue has been discussed at length by the Common Council and the Planning and Development Board, and the decision to support the conference center has already been made by elected officials. As such, the Chair noted that the provision of the conference center must be considered a community benefit. The project will also provide a significant amount of affordable housing to the community. The Board noted that it was telling that there were no comments in opposition to the requested variances. The submitted comments were related to concerns over the use of the easement, and the Board noted that the easement is a separate issue from the zoning variances and is outside of their consideration. Motion: A motion to grant the variance request was made by S. Egan-Engels Factors Considered: 1. Whether an undesirable change would be produced in the character of the neighborhood or a detriment to nearby properties: Yes No The footprint of the current garage is similar to the proposed footprint of the new building, and the rear yard will be similar to the existing as well. The stepback of the residential tower improves the experience both at ground level and within the upper stories of adjacent buildings, allowing more light and air between the structures. 2. Whether the benefit sought by the applicant can be achieved by a feasible alternative to the variance: Yes No There is strong evidence that conference center benefit cannot be provided without the 10’ rear yard setback. This is the minimum variance that will allow them to achieve that. The applicant has not sought the benefit for the apartments. The rear yard variance is necessary to provide a benefit required by the City for the redevelopment of the parcel. 3. Whether the requested variance is substantial: Yes No With regard to the height variance, the additional height will be for a small portion of the building (less than 5% of the building footprint) and is not substantial request. The request height variance is substantial in that it is for 100% of the rear yard. However, the north wall of the existing parking garage is located at the same setback and the new building will not reduce the width of the alley any further from existing conditions. The request is for floors 1-4 only; the uppers stories will meet the required rear yard requirement. 4. Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood: Yes No The Planning and Development Board, acting as lead agency, has conducted appropriate environmental review and has determined the requested variance will have no negative impacts on the environment. The project meets the City’s goals for denser, mixed-use development in the downtown area and improvements to public parking in the area. 5. Whether the alleged difficulty was self-created: Yes No 5 The applicant could construct a structure that meets the zoning requirements. However, the applicant is providing a conference center at the request of the City and, as such, the alleged difficulty is not completely self-created. Second Motion to Grant Variance: Made by S. Charles Vote: 3-1-0 Suzanne Charles YES Teresa Deschanes YES Stephanie Egan-Engels YES Steven Wolf NO The BZA, taking into the five factors for an area variance, finds that the benefit to the applicant outweighs the deterimant to the neighborhood or community. The BZA further finds that the variances from the Zoning Ordinance, §325-8, Columns 9 and 14/15, are the minimum variances that should be granted in order to preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. ___________________________ October 7, 2020 Megan Wilson, Senior Planner Date Secretary, Board of Zoning Appeals