ZBA Hearing - July 22, 2020

list of issues that were somewhat being i guess suggestions or whatever is there anything on that

list that has or has not been addressed uh from design to the affordable housing to the loading

activities loading dock activity etc there is nothing that was not addressed with regard to

the cdr comments i will leave that more to the owner and the designer jose hernandez to discuss

however you know when we went to cdr this is i'm jumping the gun here a little bit this is the

culmination of about three and a half years of working on this project and when we got to cdr

we had had multiple meetings. I think we're over 30, maybe even up 40 meetings with various

stakeholders and city agencies and groups at this point. So most of what you'll see today had

already included everything that CDR had to say. And in fact, even for a project this large of

approximately 55,000 square feet lot area, we only went once because they were so pleased with

the product we are producing in Portlandville.

So with that, again, I will now share my screen.

Make sure you can see this.

So I can't see what you're seeing, but I just want to confirm that you see a rendering of

the proposed project

Frank you have to unmute yourself

yes okay all the board members and all the board members see there's any

board member that doesn't see I see it okay thank you very much so again this

is the previously the site of the chocolate factory

I think everyone was aware of it. It's the entire block from 21st Street to 22nd Street along

Washington Avenue and all the way back to Kimball Street. That is almost exactly 100,000 square feet

lot area that was 100% lot coverage for the most recently, not the Chocolate Factory,

but colloquially known as the Chocolate Factory.

The image we just pulled up is from exhibit I in the package. This is from our CDR package

and what was presented to SOSNA and NOAC at the RCO meeting. You will see that we're here today

with regard to 2101 Washington. On here it's called Parcel B. 2101 Washington Avenue Parcel A

has previously been approved. That was for two rows of townhouses to mirror what was across

the street on Kimball Street and what was to the north, a very low-density

residential neighborhood up there. That is actually 2122 Kimball Street now,

if you're looking at that. And right across the street along Washington Avenue

is 2201 Washington, which also was brought before this board.

And that was the second piece we worked with this board on.

And that was the second piece we worked with this board on, and that has mixed-use commercial along Washington Avenue and, again, a row of townhouses along League Street in order to, again, mirror that lower-density residential neighborhood across the street.

this project is entirely zoned i2 and actually what you can see if you look over to the right

you will see two images in white that show and highlight kind of the size and scope of the

chocolate factory that was there unfortunately it was in such a unbelievably dilapidated condition

that it could not be saved and was imminently dangerous at the time my clients purchased it

So we have proceeded to take this off in bites and try to move forward.

So what you see here is, you know, approximately 2201 Washington Avenue was approximately 44,000 square feet.

We have relocated lot lines on the Chocolate Factory parcel to have the rear townhouses on parcel A is now 45,000 square feet.

And this front portion that we're talking about today, parcel B, you'll hear it referred to, is approximately 55,000 square feet.

So we were talking about the seminal property along this former industrial corridor in what is now a mixed-use residential neighborhood in a burgeoning, vibrant neighborhood in the city.

So just some site photos to walk you through. This is a picture looking at what the site

currently is. You see in the rear of the townhomes going up in the back along the

Kimball Street project. You can also see the townhomes to the left at the... if I use my

cursor does the board see what I'm using my cursor to highlight yes okay so the

project that we're talking about today would be on part proposed personal B

which is this frontage right here again just another image showing you what it

looks like going up 21st Street which is a one-way street coming south 22nd

Street is a one-way street going north. And what you will see and what I will describe

in more detail through our experts, we specifically designed this to have no curb

cuts on Washington Avenue. Washington Avenue, particularly on the north side here, is really

the height of this residential, walkable, bikeable rejuvenation of this Washington Avenue industrial

corridor and you can really see that we're we're working to keep that very wide very open

and so we actually for this huge project we still only have two curb cuts one along

22nd street which will be ingress so you'll circle traffic will flow up from washington avenue

right onto 22nd street and then out onto 21st street and back towards washington avenue

That was purposefully done for the reason of maintaining and protecting the, again, the neighborhood to the north, which we've attempted to do through all of our projects by having that townhouse buffer along the residential neighborhood.

So again, this is Washington Avenue. This is the corner of 22nd and Washington. And you can start to see where this would develop and how wide this sidewalk will be.

This project actually where Otis is in the middle of redefining Washington Avenue from a five-lane traffic highway, essentially, into more of a three-lane dedicated bike lanes and walkable street.

Chairman DeChico, you referred to this actually in the prior hearing.

So again, I'm happy to answer any questions the board may have with regard to this.

But here again, 2201, you can see the townhomes coming up in the background and, you know, the site is already cleared and the demolition has already taken place of the entire property, which was imminently dangerous.

here just a few sites of what was across what's actually we would be facing so it is still you

know resident industrial and commercial across the street but all of the proposed projects coming

along down the pipeline are continuing this transformative nature

down the pipeline are continuing this transformative nature of the

neighborhood up and down really the whole length of Washington Avenue to

turn it into a mixed-use residential and commercial neighborhood just the last

view here so I think that's this project as I said the so here you can just see

an over aerial overview this is the entirety of the the project

This back here is where the Kimball Street townhomes are in this frontage now is going to be where this project is.

Here's a zoning map of the much of the length of Washington and certainly everything applicable.

As you can see, everything is zoned I2 up and down both the north and south sides for all of the relevant properties here.

This I-2 parcel is also subject to three overlay districts, the Center City Overlay District, the West Washington Avenue Overlay District, and the Center City Overlay District.

and these are very notable and you'll hear from our expert land planner in a little bit more as

to why but the effect of these overlays is to preclude any permitted i2 use at the property

so even though we are zoned i2 the overlay is recognized in advance the changing and

transformative nature of this neighborhood into a non-industrial aspect and therefore

or, you know, made it such that medium industrial uses, heavy industrial uses, would not be permitted, even though it's still zoned I-2.

This is further, you know, seen by the Planning Commission's 2035 plan adopted for this area,

which actually recommends that the project, that this property, rather, be rezoned IRMX, so Industrial Residential Mixed Use.

And as you'll hear throughout the presentation and from our experts today, this entire project has been designed from the get-go as an IRMX project to be more commensurate with the neighborhood and in that line.

so i alluded to it earlier but this in all honesty i'm very excited to bring this i know

the entire design team is before you today because we really have had without including

meetings just with uh you know individual neighbors we've had at least over 30 meetings

that i'm aware of with regard to these three properties and what you're seeing today is the

product of countless revisions and the culmination of sort of the pinnacle of the vision of Washington

Avenue for years and decades going forward. So we have overwhelming support from the neighborhood

and the near neighbors. What I'm showing you now is the vote chart from the SOSNA letter that I

I know the board received, you know, overall, it was a 56 to nine vote in favor.

And SOSNA ultimately voted 50 to three in favor.

I will note that NOAC opposed one to five.

And as you already heard, CDR is very much in favor and the planning commission has no

further comments before CDR or beyond CDRs.

So I would assume that Planning Commission will also be in favor, but I'll let them speak to that.

So the project today is, here's a rendering of what it will look like.

Again, that first image that you saw in the site photos from 21st and Washington.

Instead of a dilapidated factory or the current vacant lot, this is what we hope you'll see in the not-too-distant future.

and I will allow our architect Jose Hernandez to go into more detail about the design but I just

thought it particularly poignant for you to see again we believe this to be the you know the

seminal property of this redesign and reinvigoration of Washington Avenue and really

trying to set the bar for decades and going forward as to what Washington Avenue can be

and should be. What I'm showing you now is we designed the project so there are two rows of

We designed the project so there are two rows of townhomes approved at Kimball Street. The second row of townhomes, instead of just being buried by a dry vial, we are actually League Street stops at 22nd Street.

townhomes approved at Kimball Street.

And in essence, what the designers have done here is continue it to increase this walkability.

This will be closed to all vehicular traffic, but it will be open to pedestrian traffic and basically make a new walkable green space and frontage for the Kimball Street townhomes and for the community at large.

And you'll also hear there are multiple roof decks and actually balconies both here and here.

one of which will be available to the public for additional green space.

So this is all part of the, you know, heightened focus on walkability.

Again, as you heard from CDR, our intention, and as CDR pointed out,

a real focus is on making walkable, safe pedestrian pathways and bikeable pathways,

which we've done by limiting, you know, a project of this size just down to one curb cut

on each of the numbered streets and particularly with having no curb cuts on Washington Avenue

and just as a separate aside you will have a private trash collection at you know for this

entire project. Mr. Whelan right now what are we looking at on the right are they the townhouses

the existing townhouses? So these townhouses right here on the right those are that's the

second row of townhouses that were approved on the washington avenue parcel a project that came

before you uh maybe 18 months ago now and further to the right would be a drive aisle another row

of townhomes and then kimball street so what we're we're basically standing if you're looking

at this rendering on view five you're standing essentially at 21st street looking down what

would be league street if league street continued so you know 22nd street's right here league street

is a vehicular access road across 22nd street but here we thought it appropriate to continue it

and increase the walkability and the overall green space um so you'll see we're looking west

yes we are looking west uh from 21st to 22nd

The overall project will be 256 apartments housed in the upper floors in this building

on the left.

There will be scroll back up.

This will be a CVS right here at the corner of 22nd and Washington and this corner right

here will be an Aldi supermarket at the corner of 21st and Washington. And then what you saw in

the middle is simply the access entryway for the apartments. Is that a typical size Aldi? Is it a

smaller boutique or is it, what is it? I believe it's a more of a urban model boutique, but I will

leave that to orify bush who's going to testify on behalf of the owner so right now what we're

looking at correct me from wrong on 21st street uh on washington avenue we're looking at the

northwest corner so no we are stand this this rendering is uh done as if you are standing on

the southeast corner of 21st and washington and you're looking at this would be the the northwest

corner of 21st and washington with the project going uh out to your left to the west and ending

at 22nd street the townhouses we spoke to are behind that on the right that correctly where

Right here are the rear of the Kimball Street previously approved townhomes.

That's okay. Thank you. Yeah. And just to be clear.

So similarly here, there are two rows of the Kimball Street townhouses.

This is Washington Avenue. Here's 22nd street going North.

And then this is the project, you know,

from the opposite corner um along washington avenue we're now on the southwest corner looking

at the northeast corner of 22nd and washington um going down so we tried to uh a big push for

So we tried to a big push for CDR and the planning commission staff when we met with them.

CDR and the planning commission staff.

And also SOSNA was massing purposes to divide these two buildings or this one large building into two buildings and sort of define them differently.

So you'll see and you'll hear Jose Hernandez testify to that to kind of activate that more to the eye and make people more interested.

Um, so, uh, what you don't see pictured here is there was an existing, um, underneath the

enormous, uh, you know, chocolate factory, there was an existing basement, um, and, you

know, an entire level, and we have, uh, worked that into a, um, underground parking.

And so I will, so here's an overall site that I wanted to show you.

This is 201 Washington.

This is the building that we're talking about today, or actually the two buildings separated

here.

You know, 21st is over here, 22nd is here.

Here are the two rows of Kimball Street townhomes that you were looking at in the earlier rendering.

There's the zoning plan. So here's an image showing you the underground parking, which

you obviously can't see from the street. There will be one access point. This is 22nd Street

right here. This is Washington Avenue along the bottom, and this is 21st Street here.

So what you'll have is circulation coming off of Washington, turning up north on 22nd and turning right into the underground parking and then to exit when they're ready, they come up this one way ramp and they'll have to turn right onto 21st.

Again, that circulation was done in conjunction with the neighborhood in order to protect the lower density residential neighborhood to the north and keep the cars from flowing up and down those streets.

We are proposing 120 underground parking spaces.

As you can see, we max out the parking as much as available, given the constraints of the underground basement.

and we are also providing 100 vehicular bike spaces so we essentially have three categories

of three categories of refusals for this project can we go back to the parking

while it's fresh in my mind just a minute yes of course

parking dedicated to the residents or is there uh will that also be available to the people

who shop in aldi yes so um good question and again i'll leave this somewhat to uh mr feybush

for later the aldi is above i'll wait i'll wait if i have to no problem no no that's fine i can

give you a little taste of it. The Aldi is in this location. Aldi is having 40 dedicated spaces

to its use. That is approximately 9 to 9, 9 a.m. to 9 p.m. Those spaces will become available for

overnight parking then from 9 p.m. to 9 a.m. And the other 80 parking spaces will be available

for residential use.

Thank you.

So again, going back to the refusal, we have essentially three sets of refusals.

We purposely designed this, as I said, to match and mirror the IRMX zoning district,

which we deemed more appropriate given the change in neighborhood and given the 2035 plan.

So what you see is the first four refusals right here are all use refusals. The first one is for

having multifamily housing, which is not allowed in I-2. And the next three are for the describing

the commercial uses in CVS and Aldi which are not permitted in I2. So just by the way the code is

broken out it results in multiple refusals but this is really just you know one general refusal

for the commercial use which is not allowed in I2. And then what you can see is we have

we do not meet the offload off street loading requirement and the parking spaces we are

We are required under I2 to have 169 parking spaces. This is 128 parking spaces for dedicated residential use because I2, although it does not permit residential dwelling units, if you put multifamily residential dwelling units in an I2 zone, you're required under the code to have two to one parking.

required under I-2 to have 169 parking spaces.

and therefore that would require 128 parking spaces and the zoning examiner calculated that

we would need 41 parking spaces for the commercial uses that we proposed. Now if this were under

IRMX as we designed it we would need it's a 3 to 10 parking space ratio for the

multi-family residential, which is allowed, that would provide 77 or require rather 77

parking spaces. And actually under IRMX, we would be required to provide zero commercial parking

spaces. So we are, you know, again, we're somewhat constrained by the requirements and of the

existing underground basement, which we maxed out the parking as much as we could under there

to get to a number of 120 spaces but we're about halfway in between the number of spaces we'd need

for irmx and the number of spaces i2 requires so you know again if this if this property is an i2

or an irmx property as as we think it it rightly falls under we actually are providing additional

parking above and beyond what we would need. And what you'll hear from Mr.

Feibusch and you know in managing numerous properties similar to this you