City of Albany Board of Zoning Appeals Application

Transcription

1 City of Albany Board of Zoning Appeals Application This application must be filed with the Department of Development and Planning, Land Use Division at 200 Henry Johnson Boulevard, Albany, New York 12206, ( ). Applications are not considered to be complete until all supplemental documents and fees are received. (See attached instructions.) Planning Office staff shall determine the completeness of applications before scheduling the case before the Board of Zoning Appeals. Notice of public hearing shall be mailed to the applicant, adjacent property owners, and other interested parties. The applicant or his/her representative shall appear at the public hearing to substantiate the application. REGARDING THE PREMISES AT APPLICANT ADDRESS CITY STATE ZIP PHONE FAX NUMBER AUTHORIZED AGENT AFFILIATION ADDRESS CITY STATE ZIP PHONE FAX NUMBER PROPERTY OWNER_ ADDRESS CITY STATE ZIP PHONE FAX NUMBER OTHER TO BE NOTIFIED ADDRESS CITY STATE ZIP PHONE FAX NUMBER REQUEST: SPECIAL USE PERMIT INTERPRETATION USE VARIANCE PARKING LOT PERMIT AREA VARIANCE OTHER ZONING CLASSIFICATION TAX LOT ID NUMBER EXISTING USE / # OF UNITS PROPOSED USE / # OF UNITS OCCUPANCY STATUS (FULLY OCCUPIED / PARTIALLY OCCUPIED / VACANT) REQUESTED PUBLIC HEARING DATE: PROJECT TIME FRAME: TOTAL PROJECT COST: Is the property within 500 feet of a municipal boundary, State or County property, road, park or facility, or other recreation area? Yes No If yes, the submission will require review by the Albany County Planning Board. Does any state officer or any officer or employee of the City of Albany or County of Albany have any affiliation with or interest in the applicant or this application? Yes No If yes, set forth the name, address, and nature and extent of the affiliation or interest of an officer / employee. I, the undersigned owner, hereby authorize the applicant to bring the application herein before the Board of Zoning Appeals of the City of Albany. SIGNED DATE I, the undersigned applicant, hereby state that the information and facts set forth in this application are true to the best of my knowledge and belief. SIGNED DATE

2 KIPP Tech Valley Charter School 1 Dudley Heights Albany, NY August 7, 2013 The City of Albany Board of Zoning Appeals 200 Henry Johnson Boulevard Albany, NY Re: Applications for proposed construction of a new school 400 Northern Boulevard Albany, NY Dear Sir or Madam: I, John P. Reilly, representing KIPP Tech Valley Charter School, propose to resubdivide multiple lots into a single parcel and seek required approvals. I authorize Daniel R. Hershberg, P.E. & L.S., of Hershberg & Hershberg, to sign the applications necessary for zoning variances, site plan approvals and any other approvals required to complete the building, zoning and planning approval for the above captioned site and to represent me in front of the Planning and Board and Board of Zoning Appeals. If you require any additional information please contact me at your convenience. I can most easily be reached at Sincerely yours, By: John P. Reilly, Board Chair KIPP Tech Valley Charter School DRH/AuthorizationKipp.doc Every KIPP TECH VALLEY student will acquire and apply the knowledge, skills and character habits necessary to succeed in high school, college and beyond.

3 AREA VARIANCE STANDARDS Applications for area variances must be based on some extraordinary topographic condition or other physical condition inherent in the parcel (for example: exceptional narrowness, shallowness, shape or area). This condition must prohibit or unreasonably restrict the use of the land and/or building. When considering a request for an area variance, the Board shall take into consideration the benefit to the applicant if the variance is granted, as weighted against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination the Board shall also consider: [1] Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance. [2] Whether the benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue, other than an area variance. [3] Whether the requested area variance is substantial. [4] Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. [5] Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Board, but shall not necessarily preclude the granting of the area variance. [1] DESCRIPTION OF CONDITIONS (Describe topographic condition or other physical condition of the property and the manner by which this condition restricts use):

4 [2] BENEFIT TO APPLICANT (Please describe why the proposed project cannot be achieved without an area variance): [3] SUBSTANTIAL (Please describe why you feel the proposed project is not substantial in nature): [4] CHARACTER OF NEIGHBORHOOD (Please describe how the proposed use would be compatible with the existing neighborhood and would not negatively impact traffic patterns, general safety, architectural character, property values, and the atmosphere of the area): [5] SELF-CREATED Were you aware of the requirements of the City of Albany Zoning Ordinance at the time of purchase of the property? Yes No If you answered no to this question, did you use the services of an attorney? Yes No

5 SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies research or other investigations will be undertaken. ENVIRONMENTAL ASSESSMENT 1. Will the project result in a large physical change to the project site or physically? alter more than 10 acres of land? Yes No 2. Will there be a major change to any unique or unusual landform found on this site? Yes No 3. Will project alter or have a large effect on an existing body of water?. Yes No 4. Will project have a potentially large impact on groundwater quality? Yes No 5. Will project significantly affect drainage flow or air quality?.. Yes No 6. Will project affect any threatened or endangered plant or animal species Yes No 7. Will project result in a major adverse impact on air quality? Yes No 8. Will project have a major effect on visual character of the community or scenic views or vistas known to be or important to the community? Yes No 9. Will project adversely impact any site or structure of historic, prehistoric or paleontological importance or any site designated as a critical environmental area by a local agency?. Yes No 10. Will project have a major effect on existing or future recreational opportunities? Yes No 11. Will project result in major traffic problems or cause a major impact on existing transportation systems? Yes No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturbances as a result of the project s operation?. Yes No 13. Will project have any impact on public health or safety? Yes No 14. Will project affect the existing community by directly causing a growth? in permanent population of more than 5% over a one-year period or have a major negative effect on the character of the community or neighborhood? Yes No 15. Is there any public controversy concerning the project?.. Yes No PREPARER S SIGNATURE: TITLE: REPRESENTING: DATE:

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8 NARRATIVE DESCRIPTION IN CONNECTION WITH AN APPLICATION FOR A SPECIAL USE PERMIT AN AREA VARIANCE & A PARKING LOT PERMIT AND IN CONNECTION WITH AN APPLICATION FOR SITE PLAN APPROVAL KIPP TECH VALLEY CHARTER SCHOOL No. 400 NORTHERN BOULEVARD (AKA No. 1 DUDLEY HEIGHTS) CITY OF ALBANY ALBANY COUNTY, N.Y. Prepared by: Hershberg & Hershberg Consulting Engineers and Land Surveyors 18 Locust Street Albany, NY (518) Fax (518) hhershberg@aol.com September 9, 2013

9 INTRODUCTION Hershberg & Hershberg, Consulting Engineers and Land Surveyors, were retained by Brighter Choice Foundation, Inc., developer of the site proposed for the Elementary School addition to the Kipp Tech Valley Charter School, to provide land planning and site/civil engineering services. Brighter Choice Foundation, Inc. is the applicant for this special use permit, area variance of the front line setback and for a parking lot permit and for approval of the site plan. This narrative description provides details for the consideration of the City of Albany Board of Zoning Appeals in connection with an application for a special use permit. This narrative description also provides information to be considered in connection with an application for a parking lot permit and an area variance for the front yard setback. The City of Albany Planning Board must perform a site plan review and a demolition review and this narrative provides information required. DESCRIPTION OF EXISTING SITE AND USE This subject property is known as No. 400 Northern Boulevard (AKA No. 1 Dudley Heights). Tax Map Parcels No. Street Address Northern Boulevard Dudley Heights Dudley Heights Dudley Heights Dudley Heights A Dudley Heights B Dudley Heights Dudley Heights Dudley Heights Dudley Heights The site is currently developed. A northerly portion of the site is the Kipp Tech Valley Charter School. South of the school is vacant buildings formerly used as residences and a funeral home. DESCRIPTION OF INTENDED SITE DEVELOPMENT AND USE NARRATIVE DESCRIPTION Special Use Permit, Area Variance, Parking Lot Permit, Demolition Reviews and Site Plan Approval No. 1 Dudley Heights PAGE 1

10 The applicant intends to construct an addition to the existing private school known Kipp Tech Valley Charter School. The maximum student population for this facility is 720 and a total of 57 faculty and 23 staff will be the maximum occupancy when the building is full. The addition to the building will have a total floor area of 48,000 +/- SF and is currently planned to contain the following: 21 classrooms 1 faculty rooms media center cafeteria and kitchen gymnasium nurses office administrative offices team locker rooms restrooms supply, storage, mechanical and service areas A parking lot with 110 spaces will be provided. The parking requirement will be met in that the Zoning Ordinance of the City of Albany in Table 3 of requires one parking spot for each faculty member, one for each three staff members and one for each 30 students. The maximum student population for this facility is 720 and a total of 57 faculty and 23 staff will be the maximum staff employed. Therefore, 89 parking spots would be required. Based upon current parking use in similar facilities the applicant believes that 110 parking spaces would be necessary to provide off street parking during some events during the school year. The building addition will be a 30,870 +/- SF footprint which will bring the total footprint area to 47,758 +/-SF and will comply with the lot bulk setbacks requirements of of the Zoning Ordinance of the City of Albany. This project must also receive authorization for a parking lot (Parking Lot Permit) in accordance with of the Zoning Ordinance of the City of Albany. In addition Site Plan approval and Demolition Review must be issued by the Planning Board. CONSIDERATIONS FOR A SPECIAL USE PERMIT The City of Albany Zoning Ordinance at establishes the following procedures for review of a special use permit. NARRATIVE DESCRIPTION Special Use Permit, Area Variance, Parking Lot Permit, Demolition Reviews and Site Plan Approval No. 1 Dudley Heights PAGE 2

11 B. Standards. This subsection list 7 standards. C. General considerations: As part of its review of a special use permit application, the Board shall consider the following in addition to compliance with the standards described in the previous subsection: [1] Whether, and to what extent, the proposed use is necessary or desirable to provide a service or facility which is in the interest of the public convenience or will contribute to the general welfare of the surrounding neighborhood or community. [2] To what extent the applicant has attempted to minimize any adverse effects of the proposed use on its surroundings. The sections below address these matters. COMPLIANCE WITH STANDARDS The proposed plan complies with the Standards set forth in (B). NECESSITY OR DESIRABILITY OF SERVICE The proposed plan provides a charter school to serve the high school age population of the City of Albany. The Brighter Choice Foundation, Inc. has established a target population, which needs improved educational opportunities. This is both a necessary and desirable service to the community. MINIMIZE ADVERSE IMPACTS The plan attempts to minimize the only potential adverse impacts determined to exist. These are increased traffic and increased storm water runoff. CONSIDERATIONS FOR AN AREA VARIANCE The City of Albany Zoning Ordinance at (B)(1), which effectively mirrors General City Law 81-b(4), establishes the following procedures in its review of area variances: NARRATIVE DESCRIPTION Special Use Permit, Area Variance, Parking Lot Permit, Demolition Reviews and Site Plan Approval No. 1 Dudley Heights PAGE 3

12 (a) In making its determination regarding a request for an area variance, the Board shall take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination, the Board shall also consider: [1] Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance. [2] Whether the benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue, other than an area variance. [3] Whether the requested area variance is substantial. [4] Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. [5] Whether the alleged difficulty was self- created, which consideration shall be relevant to the decision of the Board but shall not necessarily preclude the granting of the area variance. (b) The Board, when granting an area variance, shall grant the minimum variance that it shall deem necessary and adequate to alleviate the difficulty shown by the applicant and that also will preserve and protect the character of the neighborhood and the health, safety and welfare of the community. The sections below address these matters. CHANGE IN CHARACTER OF THE NEIGHBORHOOD The proposed plan will create no undesirable change on the neighborhood. The existing dwellings and funeral home have been vacant and pose undesirable conditions for the neighborhood as they exist. The construction of the new Addition to the existing Charter School will create a positive atmosphere for the neighborhood. NARRATIVE DESCRIPTION Special Use Permit, Area Variance, Parking Lot Permit, Demolition Reviews and Site Plan Approval No. 1 Dudley Heights PAGE 4

13 WHETHER CHANGE CAN BE ACHIEVED BY ANOTHER MEANS The variance is necessary to allow for the construction of the building and to meet the development goals of the Applicant. WHETHER VARIANCE IS SUBSTANTIAL The Applicant does not believe that the variance requested is substantial in that setback from the curb line will be similar to what exists at the existing school. The R.O.W. width in this area varias and is excessive where the addition is planned. WHETHER VARIANCE WILL HAVE AN ADVERSE EFFECT The Applicant does not believe that granting this application will result in the creation of any adverse impacts. Granting the application will not result in an adverse environmental or physical condition in the neighborhood. LACK OF SELF CREATED SITUATION The required area variance is a result of the need to meet the development goals of the applicant while trying to remain within the usable area of the site. MINIMUM VARIANCE REQUIRED The applicants have determined that the minimum variance required have been applied for by this application. DEMONSTRATION THAT THIS ACTION PRESERVES AND PROTECTS THE CHARACTER OF THE NEIGHBORHOOD AND THE HEALTH SAFETY AND WELFARE OF THE COMMUNITY The applicant believes that this proposal preserves and protects the character of the neighborhood and the health safety and welfare of the community. NARRATIVE DESCRIPTION Special Use Permit, Area Variance, Parking Lot Permit, Demolition Reviews and Site Plan Approval No. 1 Dudley Heights PAGE 5

14 CONSIDERATIONS FOR A PARKING LOT PERMIT Authorization for a parking lot (Parking Lot Permit) in accordance with of the Zoning Ordinance of the City of Albany is required. The proposed parking lot meets the dimensional requirements of of the Zoning Ordinance of the City of Albany. CONSIDERATIONS FOR SITE PLAN REVIEW The Applicant applied for a building permit and the application was referred for a site plan review. Article V of Chapter 375 of the Zoning Ordinance of the City of Albany states the following: The purpose of site plan review is to promote the health, safety and general welfare of the community through the site plan review process, pursuant to 27-a of the General City Law and is intended to ensure that: Development proposed within the City will be compatible with the appropriate and orderly development of the immediate neighborhood and surrounding areas. Proposed development will be planned so as not to discourage the appropriate development or lessen the value of other parcels of land in the vicinity. QUALITY OF LIFE IMPACTS The potential quality of life impacts caused by this construction are evaluated below: TRAFFIC There will be an increase in traffic. Traffic Generation published by the Institute of Transportation Engineers establishes traffic movements for this use under Elementary Schools (LUC520) 1. See table below. Use Total AM Peak Hour (VPH) AM Entering(VPH) AM Exiting (VPH Total PM Peak Hour (VPH) PM Entering (VPH) Pm Exiting (VPH) School Trip Generation Manual, 9 th Edition Institute of Transportation Engineers NARRATIVE DESCRIPTION Special Use Permit, Area Variance, Parking Lot Permit, Demolition Reviews and Site Plan Approval No. 1 Dudley Heights PAGE 6

15 This traffic will be a mixture of parent s cars and bus transportation. A number of students will walk to the school. The existing sidewalk infrastructure permits students who will be walking to school will have a safe walking environment. A curb cut permit and signage will be submitted to the City of Albany Police Department, Traffic Engineering Unit. WATER Public water supply is currently provided to the property by the Albany Water Board through a 6 inch water main along Dudley Heights constructed in Total water usage is estimated at 7200 GPD or 10 gallons per student per day. The increased water usage of 7200 GPD can be accommodated by the existing water main. FIRE PROTECTION The fire protection requirements will be provided by the three existing hydrants. Two are located in front of the building and one is locate behind the building. The building will be fully equipped with sprinklers. The building plan will be reviewed with fire officials to be certain that fire fighting needs can be met. SEWER A sanitary sewer connection is proposed to the existing sanitary sewer along Dudley Heights. This area is served by the Albany County North Wastewater Treatment Plant transmitted by the Patroon Creek Intercepting Sewer. There is adequate excess capacity in the North Wastewater Treatment Facility to accommodate this increased flow, DRAINAGE Catch basins and storm piping will be installed to drain all water to the existing drainage course on the east side of the property. A storm water detention basin is proposed to retain all water up to and including a 100 year frequency storm. The requirements for storm water pollution prevention treatment system in accordance with SPDES Permit GP# will be required since this site is not tributary to a combined sewer. The standards in Erosion and Sediment Control Guidelines promulgated by New York State Department of Environmental Conservation will be met. NARRATIVE DESCRIPTION Special Use Permit, Area Variance, Parking Lot Permit, Demolition Reviews and Site Plan Approval No. 1 Dudley Heights PAGE 7

16 FLOOD PLAIN The entire site lies within Zone C (Area of Minimal Flooding) Flood Insurance Rate Map dated April 15, 1980 (Community Panel No C). COMMUNICATIONS Communication lines will be run from facilities on Dudley Heights. GAS & ELECTRIC Overhead electric lines and underground gas mains exist along Dudley Heights. Connections will be made to these utilities. VISUAL Site photos of the existing site are attached as Appendix 1. The applicant proposes to build an attractive building, which will have no negative impact on the appearance of the streetscape. Building elevation views are included in Appendix 2. Landscaping will be provided. NOISE During construction and grading, noise will be generated by construction equipment. All contracts will require that all work be accomplished at times and hours conducive to good neighborhood relationships. The arrival and departure of students, once the building is occupied, will result in some noise. The staff will monitor and control loud noises to limit any disturbances to the neighborhood. DUST During construction, dust will be limited utilizing dust suppression methods approved by the City of Albany. All contracts will require that all work be accomplished in a manner to significantly limit fugitive dust. Once completed this building will not result in the generation of any dust. NARRATIVE DESCRIPTION Special Use Permit, Area Variance, Parking Lot Permit, Demolition Reviews and Site Plan Approval No. 1 Dudley Heights PAGE 8

17 CONSIDERATIONS FOR DEMOLITION REVIEW The existing buildings to be demolished have been vacant and were acquired to meet the developer s need for additional space. A minimum of 25% of materials will be recycled. APPROVALS The proposed project will require review and approval by local agencies. A list of required approvals identified follows: Albany Board of Zoning Appeals SEQRA Determination Special Use Permit Parking Lot Permit Area Variance Albany Planning Board SEQRA Determination Site Plan Approval Demolition Review Albany Department of Public Safety Division of Building & Codes, Building Permit (ministerial) Police Department, Traffic Engineering Unit, Curb Cut Permits (ministerial) Albany Department of General Services Sewer Connection Permits (ministerial) Storm Water Management Review (ministerial) Resubdivision Map (ministerial) Albany Department of Water &Water Supply (Albany Water Board) Water Connection Permit (ministerial) Albany County Department of Health Public Water Extension NARRATIVE DESCRIPTION Special Use Permit, Area Variance, Parking Lot Permit, Demolition Reviews and Site Plan Approval No. 1 Dudley Heights PAGE 9

18 NYSDEC Storm Water Pollution Prevention Plan GP (ministerial) CONCLUSION: The proposed project will be designed to minimize the impact of items addressed herein. It is the engineer's conclusion that this project can be completed with minimum impact on the environment or on surrounding properties. It is also the Engineer s opinion that this project is an unlisted project in accordance with SEQRA and will have no significant impact on the environment. It is, furthermore, the Engineer s opinion that the special use permit, variance, parking lot permit, site plan approval demolition reviews can be granted in accordance with the City of Albany Zoning Ordinance. Prepared by: HERSHBERG & HERSHBERG Daniel R. Hershberg, P.E. & L.S. file/dan/narrrep zbarev90913.doc NARRATIVE DESCRIPTION Special Use Permit, Area Variance, Parking Lot Permit, Demolition Reviews and Site Plan Approval No. 1 Dudley Heights PAGE 10

19 View of site from Dudley Heights (Existing Charter School) View of site from Dudley Heights (No. 4 & 6 Dudley Heights)

20 View of site from Dudley Heights (No. 7 Dudley Heights) View of site from Dudley Heights (No. 9 & 10 Dudley Heights)

21 Office Office 752 SF 212 SF 212 SF DN Detention 494 SF Special EdSpecial Ed 246 SF 247 SF SF SF SECOND FLOOR PE Storage 212 SF Changing Room Gym 5667 SF 308 SF Changing Room Cafeteria 2884 SF Kitchen 1523 SF 304 SF General Storage 162 SF Mechanical Electrical K K K K 455 SF 766 SF 766 SF 766 SF 755 SF UP Reception 1150 SF Library 1037 SF Music 862 SF Art 862 SF K 753 SF Parent Coordinator 140 SF Conference 164 SF Office 151 SF Nurse 211 SF Office 203 SF Copy Room 194 SF FIRST FLOOR FLOOR PLANS N 0' 8' 16' 32' Brighter Choice Foundation Arch SEPTEMBER 5, 2013 KIPP ELEMENTARY SCHOOL Architecture Engineering Construction Management

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23 ST ST ST ST ST ST ST ST ST ST ST ST ST ST ST ST ST ST ST ST ST ST W ST RD S W ST RD S ST ST ST ST ST ST ST ST ST ST ST ST ST existing two story building W W W W W W W W W W W W W W W W W W W W W W W W W W S S ST ST ST ST ST ST ST ST ST ST ST ST ST ST ST ST ST W W W W W W W W W W W W

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