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Zoning Board of Appeals

Regular Meeting

Troy, NY · June 2, 2021

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Agenda

Zoning Board of Appeals NOTICE OF PUBLIC HEARING Notice is hereby given that the Zoning Board of Appeals of the City of Troy, New York, will conduct a public hearing at 6:00 P.M. on Wednesday, June 2nd to act upon the following requests for approvals and appeals from decisions made by the Bureau of Code Enforcement of the City of Troy. Due to COVID-19 the hearing will be conducted online using Zoom video conferencing software. The link and access code will be listed on the ZBA webpage: http://www.troyny.gov/government/boards-commissions/zoning-board-of-appeals/agenda-minutes/ Members of the public can submit comments prior to the meeting via email or during the public comment period. New Business PLZBA 2021 0011 – Cemetery Road & Boradaile Drive (80.42-2-1 THRU 19) Area Variance - Parking deficiency (180 spaces required, 124 proposed) Keystone Homes, Inc. is proposing to construct 90 apartment units (3 buildings) in a Planned Development (P) zone. The applicant is represented by Nicholas Costa, P.E. of Advance Engineering and Land Surveying, PLLC. For additional information, visit: http://www.troyny.gov/government/boards-commissions/zoning-board-of-appeals/agenda-minutes/ Written by Dash Chrisner Planning Technician, On Behalf of James Rath, Assistant Planner Zoning Board of Appeals STAFF REPORT New Business PLZBA 2021 0011 – Cemetery Road & Boradaile Drive (80.42-2-1 THRU 19) Area Variance - Parking deficiency (180 spaces required, 124 proposed) Keystone Homes, Inc. is proposing to construct 90 apartment units (3 buildings) in a Planned Development (P) zone. The applicant is represented by Nicholas Costa, P.E. of Advance Engineering and Land Surveying, PLLC. Staff Report: ● Applicant: Keystone Homes Inc. ● Location: Gurley Avenue & Cemetery Road (80.42-2-1 THRU 19) ● Current site conditions: Residential vacant land ● Current zoning: P, Planned Development ● Available public services: Gas and electric ● Project characteristics: Proposal for 90 apartments (3 buildings) ● Adverse impacts: Drainage and erosion concerns due to slope of site ● Approvals sought: Area Variances for parking deficiency required per § 285-55F ● SEQRA: Staff recommends the Board find this proposal to be an unlisted action with sufficient information available upon which to make a determination that the project is not expected to cause significant environmental impact. ● Staff recommendation: Staff recommends that this variance be approved. The reduction of parking spaces will have a positive impact on the environmental conditions of the area in addition to requiring fewer resources to develop the proposed project. Please refer to the included landscaping plan to view the updated location of the five handicap parking spaces. These spaces are not in the correct locations as shown on the site plan included. Written by Dash Chrisner Planning Technician, On Behalf of James Rath, Assistant Planner Advance Engineering & Surveying, PLLC Consulting in: Civil & Environmental Engineering  Land Surveying  Land Development 11 Herbert Drive Phone: (518) 698-3772 Latham, N.Y. 12110 Email:ncostape@gmail.com Nicholas Costa, PE Robert D. Davis, Jr., LS PROJECT NARRATIVE Boradaile Apartments City of Troy, County of Rensselaer April 2021 Site Location: Intersection of Cemetery Road and Gurley Avenue Applicant: Keystone Homes, Inc. Engineer: Advance Engineering & Surveying PLLC Nicholas Costa 518-698-3772 Proposed use: Residential Apartments Current Zoning: Planned Development (P) Area of Property: 5.0 ± acres or 218,105 S.F. Tax Map ID: 80.42-2-1 thru 19 Description of Proposed Project The project site is located at the westerly quadrant of the intersection of Gurley Avenue and Cemetery Road in the City of Troy. The site encompasses approximately 5.0 acres and is currently undeveloped and zoned Planned Development (P) in accordance with the City of Troy Zoning Regulations. The parcel was previously approved as a subdivision of 19 residential lots with one new city street, Bordaile Drive. On October 25, 2017 the project site received Site Plan approval for the construction of 96 apartments to be located in six separate buildings; this approval has expired. As shown on the Concept Plan, the applicant proposes to develop the existing 5.0 +/- acres parcel into 90 residential apartments. The apartments will be developed in three (3) four-story buildings; each building would contain 30 apartment units with two- bedrooms per apartment unit. Municipal water and sanitary sewer services would be extended to each building separately. The infrastructure to provide the municipal services exists nearby the site and will be extended to each building. The proposed roadway will have a similar alignment as the previously approved Murphys Way. The roadway would be privately owned and maintained. Parking for the proposed 90 units would be conveniently located along the roadway and as shown on the Concept Plan. The required parking is based on two parking spaces per apartment resulting in a total of 180 parking spaces being required for the proposed project. The project proposes a total of 124 “Engineering Innovative & Sustainable Solutions” Project Narrative February 2021 Boradaile Apartments Page 2 of 2 parking spaces, including 5 handicap spaces. The proposed parking ratio is 1.4 parking spaces per apartment and it is less than the required ratio of 2 to 1. Therefore, a parking variance will be required. It should be noted that parking studies have shown that the parking requirements for residential apartments should be closer to 1.25 parking spaces per apartment. The project does meet this parking ratio. Parking Variance Request The Applicant of the proposed apartment development is requesting a variance to the required parking per the City of Troy Zoning Code which states that a minimum of 2 parking spaces per apartment should be provided. Multiple parking studies of apartment buildings have shown that the ratio of parking required is in the range of 1.25 to 1.5 spaces per apartment. The Applicant is proposing to reduce the parking from 180 parking spaces to 124 parking spaces. This reduction has a beneficial consequence in that it reduces the amount of asphalt pavement that it is required which directly impacts the amount of grading that is necessary to construct the parking field and the lighting that will be required. The reduction of the impervious area also has a direct bearing on the volume of stormwater that needs to be managed. These reduced impacts have a positive effect to the environmental conditions of the area and result in more green space and a reduction in the amount of resources that are required to develop the proposed project. “Engineering Innovative & Sustainable Solutions” City of Troy Application for Area Variance of Chapter 285; Zoning Code TO THE BOARD OF ZONING APPEALS: I, Keystone Homes, Inc.-Jeff Ferraro the owner of the property located at, Corner of Cemetery & Gurley Avenue , Tax map number, Sec 80.42 Block2 Lot 1-19, hereby petition the Zoning Board of the City of Troy to grant a variation of the Zoning Code Section(s) Article VI – Subsection 285-82, to allow the following as described below or shown on the accompanying drawings which have been denied by the Building Inspector, as specified on the attached Notice of Noncompliance (attach additional sheets as necessary to address any of the following sections). 1. Describe your application as proposed: Applicant is proposing to develop three (3) four-story buildings with each building having 30 units for a total of 90 apartments. Based on the current zoning code requirements exh apartment requires 2 parking spaces per apartment. This would require for the project to provided 180 parking spaces. The applicant is showing a total of 124 parking spaces. 2. Explain why you believe that your variance request will not create an undesirable change in the character of the neighborhood or be a detriment to nearby properties if it is granted: Based on the parking requirements of 2 spaces per apartment the site would require a total of 180 parking spaces. However, various parking studies conducted show that the requirement of 2 parking spaces per apartment is conservative and the actual studies concluded that the parking requirement is in the range of 1.25 to 1.5 parking spaces per apartment. The project is proposing 1.4 parking spaces per apartment or a total of 124 parking spaces. The reduction of the parking spaces also directly reduces the impervious area that the project will create resulting in an environmental benefit and in accordance with the current trend to have more green friendly developments. 3. The benefit you seek by virtue of this variance application be achieved by revising your proposal? If not, explain why there are no other alternatives. The variance would not be necessary if the project provides the required 180 parking spaces. However, providing the required parking spaces will result in additional: grading, lighting, asphalt pavement & stormwater runoff to be managed. Form 20060814 Page 1 of 2 4. Explain why you believe the proposed variance is not substantial. The requested variance is not substantial and only reduces the parking requirement from a ratio of 2 parking spaces per apartment to 1.4 parking spaces per apartment. This ratio is more in line with parking analysis and studies that have been completed nationwide. Additionally, the reduction of the parking results in benefits to the environment by the reduction of asphalt pavement and ground disturbance and associated impacts resulting from the magnitude of the larger pavement and grading.. 5. Explain why you believe the proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood. The current site is vacant and the adjacent parcels are all developed with residential units. The proposed development is in accordance with the current zoning and the activities resulting from the proposed development will be in harmony with the current activities that occur in the neighborhood. During construction there will be removal and loss of existing vegetation and the grading will temporarily disturb the existing ground. However, once constructed the proposed buildings and the installation of landscaping that include residential lawns, trees and shrubs that will be matching the landscaping installed at the existing adjacent residential developments will aide in the mitigation of those temporary construction impacts. Once completed the proposed development will complement the existing residential character of the area and will not result in long term impacts to the area. 6. Explain why you believe the difficulty that requires the variance was not “self-created.” Most variances are self-created and this particular case the applicant is seeking a variance to reduce the number of parking spaces required for he proposed development. However the applicant is following good planning guides and is reducing the impact that the project will have on the existing environment. By reducing the parking from 180 parking spaces to 124 parking spaces the project achieves a reduction in the amount of impervious area and the direct reduction in the amount of land that needs to be graded and the volume of stormwater runoff that it will generate from the beginning of the project through the future of the proposed project. Date: Signed: Address: City: Zip Code: Phone: Email: Form 20060814 Page 2 of 2 PLANT SCHEDULE SY QUANT. BOTANICAL NAME COMMON NAME TYPE SIZE COMMENTS AR 29 ACER RUBRUM "KARPICK" RED MAPLE B&B 2-2 1/2" CAL. EP 33 ECHINECA PURPUREA PURP. CONE FLOWER CONT. #1 COMPACT/DWARF H 30 HYDRANGEA MACROPHYLLA ENDLESS SUM. HYD. CONT. #5 HP 46 HYDRANGEA MACROPHYLLA PEE GEE. HYDRANGEA CONT. #5 L 52 LEUCANTHEMUM WHITE SHASTA DAISY CONT. #1 COMPACT/DWARF R 12 RHODODENDRON SMALL LEAF OLGA RHODODENDRON CONT. 24"-30" COMPACT/DWARF VD 18 VIBURNUM DENTATUM VIB. "BLUE MUFFIN" CONT. #7 WP 81 PINUS STROBUS WHITE PINE B&B 2-2 1/2" CAL. SHRUB PLANTING DETAIL TREE PLANTING DETAIL CONSULTING IN - CIVIL & ENVIRONMENTAL ENGINEERING LAND SURVEYING & DEVELOPMENT Design of: COMMERCIAL AND RESIDENTIAL \\ds1513serv\shared files\JOBS\Jobs 2014\#14064B-boradaile apts,new client\nick 02.15.21\14064B-Sketch6-nick.113 parks.dwg, 5/17/2021 1:52:05 PM, CADPC-1, 1:1 BORADAILE APARTMENTS LANDSCAPING PLAN GURLEY AVE & CEMETERY ROAD CITY OF TROY ENGINEERING PLANS FOR SCALE: 1" = 30' SHEET 6 0F 17 RENSSELAER COUNTY NEW YORK DATE: JULY 2015 OWNER: KEYSTONE HOMES INC. 5946 CURRY RD. EXT. SCHENECTADY, N.Y. 12303 APPLICANT: C:\Bob's Stuff\digsafeny_1.jpg KEYSTONE HOMES INC. 5946 CURRY RD. EXT. SCHENECTADY, N.Y. 12303 LANDSC

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