WPCNR COMMON COUNCIL CHRONICLE-EXAMINER. By John F. Bailey. April 4, 2005, UPDATED 11:15 P.M. E.D.T.: The Common Council unanimously adopted a zoning ordinance increasing heights of buildings permitted in the Central Business District to 400 feet on 300,000 square foot parcels. The ordinance is the first step towards approving the Cappelli Hotel-Condoplex site plan amendment which was scheduled for resolution at a public hearing April 21st, where it is expected to be voted upon.

In approving the ordinance, Councilpersons Rita Malmud said she wanted explanation of the Cappelli organization's communication delivered earlier Monday to agree to construct affordable housing units only after an "unappealable" approval of the 221 Main Street project. Malmud also said she wanted the specific number of affordable units and their locations as to where they would be built spelled out. 

Councilman Benjamin Boykin stated that in his opinion, there could be no payment of a "fee in lieu"  for any units Mr. Cappelli failed to build of the proposed 41 units required by the Common Council (split between Cappelli's City Center committment and the 221 Main Street Hotel-Condo affordable units quota).  Mr. Cappelli's representatives raised the issue of "a fee in lieu" as part of the possible agreements to be considered April 21.

In background material justifying the new ordinance, the Commissioner of Planning Susan Habel writes that only three areas in the Central Business District have any "significant development potential," and they are Gateway I Garage and the Gateway II site; St. John's Church, School, ConEdison substation and 170 Hamilton Avenue, and 221 Main Street/City Center development site. The implication being that the Central Business District would not be turned into stepping stones of 400 foot towers by passage of the ordinance. Habel's letter notes that the Common Council would have to designate such sites for development.

However, Habel, in a different Planning Department letter to the council addressed the potential for 400 foot tower growth in the downtown. Her letter mentions eight other sites that "create a potential development site of 300,000 square feet or greater," (the threshold qualifying for 400 feet height, under the just approved ordinance). The eight sites in the 11 blocks of the Central Business District are:

1.The Centroplex.

2. Verizon Building and 80 Main Street

3. Gateway I.

4. Financial Center and Pace University

5. 10 Bank Street, The Seasons Condos, Tower Club (Senior Housing) and Mt. Carmel.

6. 3-5 Barket Avenue, office buildings and Residence Inn.

7. Infiniti Motors.

8. 40 Water Street Office Building.

The Planning Department letter dismisses these sites as 400 foot possibilities because "The Planning Department found that most of these blocks are improved with relatively new developments."

The Planning Department letter further allays fears of "a march of the 400 foot towers,"  with a mad developer acquisition spree, by pointing out that only the Common Council can make such a march possible: "The Planning Department finds that the proposed Zoning Ordinance (enacted Monday evening), has potential applicability only if the Common Council determines first that a series of adjacent and "across the street" parcels in at least two or more blocks should be designated as a single development site for purposes of applying the dimensional regulations of the Zoning Ordinance.That determination is a discretionary action, and must, itself, be based on an environmental review and proper record."