July 5, 2002
ULURP NO: C 020498 ZMM
C 020499 ZSM
C 020500PPM
C 020501 PPM
APPLICANT: The Cooper Union for the Advancement of Science
and Art
30 Cooper Square
New York, NY 10003
REQUEST:
IN THE MATTER OF an application submitted by The Cooper Union for the Advancement of Science and Art (Cooper Union) pursuant to Sections 197-c and 201 of the New York City Charter:
C 020498 ZMM
for an amendment of the Zoning Map, Section No. 12c, changing from a C6-1 District to a C6-3 District property bounded by East 9th Street, Third Avenue, East 7th Street and Fourth Avenue, Borough of Manhattan, Community District 3.
· C 020499 ZSM
for the grant of special permits pursuant the following sections of the Zoning Resolution:
to facilitate the development of two buildings, one a mixed use 17-story building (approximately 251.50 feet high) on a zoning lot bounded by Third Avenue, Astor Place, Fourth Avenue, and East 9th Street; and the other a mixed use 9-story building (approximately 131.50) feet high) on a zoning lot bounded by Third Avenue, East 7th Street, Taras Schevchenco Place and East 6th Street, within a general large-scale development bounded by East 9th Street, Third Avenue, East 7th Street, Taras Schevchenco Place, East 6th Street, Third Avenue, East 7th Street and Fourth Avenue, in C6-3 and C6-1 Districts.
· C 020500PPM
for removal of the restriction limiting use of property consisting of the former bed of Stuyvesant Street located between Astor Place and Third Avenue to educational use.
· C 020501 PPM
for the removal of the restriction limiting use to educational or philanthropic purposes for property located at 43-55 Third Avenue.
PROJECT BACKGROUND/DESCRIPTION:
The three sites that comprise the General Large Scale Plan are the Engineering, Foundation, and Hewitt Buildings. The proposed development will replace the Engineering Building with an over 300,000 square foot, 16-story (240 feet), predominantly commercial building with 80,000 square feet of Cooper Union academic space, a 5,200 square foot Cooper Union gallery and a lobby to the below-grade auditorium. It will replace the Hewitt Building with a 9-story (146 feet), 118,138 square foot Cooper Union academic facility with ground floor retail. The proposed Hewitt Building will be the same height as the cornice work on the Foundation building across the street, which will remain untouched. Cooper Union’s academic facilities would be consolidated in the new Hewitt Building.
Cooper Union has stated it would like to develop the Hewitt and Engineering Building sites to create a more efficient and effective academic space and develop revenue generating commercial space. Cooper Union would target the biomedical engineering, technology, and design industries as tenants for the commercial office. The applicant is proposing approximately 480,000 square feet of new construction, but does not expect to enlarge the current academic facility or increase its student body.
Cooper Union has comprehensively analyzed the area around its buildings and has generated streetscape and circulation design preferences and options. The suggested improvements, such as the narrowing of 4th Avenue and the enlargement of the Peter Cooper Park, would need to be approved and executed by the Department of Transportation and Department of Parks. Neither agency has signed off on any of Cooper Union’s plans.
Situated between two historic districts, the General Large Scale Development sites are located in a C6-1 zoning district, which permits a FAR of 6.5 for community facility use. The proposed zoning change to a C6-3 will allow a FAR of 10. The Foundation Building is a designated New York City landmark with the ability to transfer development rights. With the proposed rezoning from C6-1 to C6-3, the Foundation Building would have approximately 50,000 square feet to transfer and nine potential receiving sites. Cooper Union has stated they would like to restrict their right to transfer floor area and that they have no development plans for the excess floor area.
A special permit for a General Large Scale Development provides the flexibility in placing uses and bulk on sites. Two of Cooper Union’s development objectives are to consolidate commercial floor area on the Engineering Site and to consolidate the community facility floor area, for its academic facility, on the Hewitt Site.
Modification to the deed of the Engineering site is needed to allow commercial uses on the portion of the site previously occupied by the Stuyvesant Street roadbed. A portion of the Stuyvesant Street roadbed is subject to a deed restriction that only permits educational use. In 1959, the City deeded the area of the demapped Stuyvesant Street to Cooper Union and the deed restricted the use of this roadbed area to educational purposes. The modification is needed for the current proposal to allow commercial use above the first floor and retail on the ground floor. Since the current design violates the restricted lot area, Cooper Union has committed to relocating an equal percentage of floor area be dedicated to academic space, which can be located throughout the building.
Under the existing lease with the city, the Hewitt site must be used solely for educational purposes; therefore, Cooper Union requests a modification of the lease to allow ground floor retail use.
SUMMARY OF COMMUNITY BOARD ACTION:
At a regularly scheduled board meeting on May 28, 2002, CB #3 recommended disapproval of Cooper Union’s Large Scale Development Plan by a vote of 36 in favor, 0 opposed, and 0 abstaining.
The community board adopted the following position:
1.The principal site for any major commercial development proposed by Cooper Union must be the Astor Place Parking Lot Site not the Engineering Site. The Parking Lot Site must be rezoned to no more than a C 6-3A permitting a community facility FAR of 7.5. The Parking Lot Site may be included in the General Large Scale Development Plan.
2.The zoning must not be changed on the Engineering Site (retained at C6-1) and any development on that site must be set back at least to the original roadbed of Stuyvesant Street.
3.A restrictive covenant must be included in the approval of the General Large Scale Development Plan prohibiting the development or sale of air rights using the unused FAR from the Foundation Building.
4.There must be no change in the current lease restriction at the Hewitt Site, thereby prohibiting the proposed retail use on the 3rd Avenue frontage.
BOROUGH PRESIDENT ACTION:
The Manhattan Borough President recommends approval.
The Manhattan Borough President recommends disapproval.
X The Manhattan Borough President recommends approval, subject to the conditions detailed below.
The Manhattan Borough President recommends disapproval, unless the conditions detailed below are addressed as described
COMMENTS:
The Cooper Union for the Advancement of Science and Art was created to offer a free education to students studying architecture, engineering or the arts. The Borough President recognizes Cooper Union’s esteemed reputation for a superior education and applauds the institution’s ability to continue to thrive while maintaining their unique tuition-free policy.
Cooper Union states that the Engineering and Hewitt buildings are old, out-dated, and need to be replaced by newer, more modern buildings with facilities equipped for the latest technology. Cooper Union is rated highly on a national basis for the Engineering, Architecture, and Arts Programs – they believe that their buildings should aesthetically and pragmatically reflect their academic specialties and achievements. Furthermore, by consolidating their academic programs in the Hewitt building, they aim to remove inefficiencies currently generated by dividing their programs between the two buildings.
While Cooper Union is a major institution situated in a residential community, it is home to thousands of residents who wish to maintain the quality of life in their neighborhood. The Borough President acknowledges the community concerns that the proposed rezoning and large scale plan will bring changes to the East Village; that size and bulk of the proposed buildings will not be in character with the neighborhood; and that Cooper Union needs to work more closely with the community to further diminish impacts of the proposed development.
In response to these needs and concerns, the Office of the Borough President has tracked the issue very closely over the past year, and has worked to explore opportunities to address concerns on both sides, including: 1) attended most Cooper Union Task Force meetings, 2) conducted meetings with stakeholders on the different sides of the issue, and 3) mediated discussions between Cooper Union and the Task Force. As a result of the mediation meetings held at the Manhattan Borough President’s Office, our office was able to coordinate a plan with the Department of Citywide Administrative Services (DCAS) that enables the applicant to avoid an excessive, but mandated, community facility-zoned floor area in the Engineering Building reducing it by 40,000 square feet.
Further, the applicant has revised its plans in response to the community’s comments, including lowering the height of the Engineering Building on Third Avenue, designing the mechanical equipment away from their residential neighbors on East 7th Street, and providing first floor windows on Taras Schevchenco Place to avoid the current desolation on the tiny block. Additionally, the applicant reduced retail space in the Hewitt Building by 2,000 square feet by incorporating an all-glass hallway into its design. Such innovation will permit natural light to filter into the stained glass window of its neighbor, St. George Church. Moreover, Cooper Union worked to reduce the FAR to just fewer than 9. The Borough President views this collaboration between Cooper Union and its committed neighbors as a positive step in the right direction to meet the institution’s needs while mitigating residents’ concerns.
Other specific comments, on the application, are as follows:
General Large Scale Development Plan: With the designation of a General Large Scale Development Plan, the transfer of use between the academic building and the predominantly commercial building will streamline services and maximize efficiency and revenue generation on the Engineering Building. The Borough President fully expects the applicant to hold to its commitment to not transfer excess floor area generated on the Foundation Building due to the upzoning of the area.
Stuyvesant Street: The Borough President approves of Cooper Union’s latest design revision that will maintain the view corridor of Stuyvesant Street and provide public open space.
Rezoning: While the Borough President appreciates the applicant’s efforts to reduce the FAR to 8.9, should the area be upzoned she encourages the Department of City Planning to further reduce the FAR to 7.5, as a C6-3A (or C6-1 Urban Plaza) would allow. This would reflect a zoning that is more amenable to the low-rise character of the neighborhood.
Retail in Hewitt Building: Regarding retail creation, the current two-story Hewitt Building has afforded the area the tranquility community residents greatly appreciate. However, with all students, faculty and staff based in the Hewitt Building, some retail may help Cooper Union to generate revenue and offer services to building occupants. Therefore, the Borough President can only support removal of the deed restriction if the applicant further minimizes retail area and takes effective action to rent to neighborhood-type stores that will serve building occupants. This will provide an amenity to occupants while keeping foot traffic in the area to a minimum. It is the request of the Borough President that the applicant maintain the smaller retail units reflected in their revised design in order to coincide with the context of the immediate area.
Cooper Union should explore more ways to improve their relationship with community institutions and residents in order to demonstrate their commitment to the neighborhood and its residents. This would help promote a better understanding and foster future support.
The Manhattan Borough President therefore recommends approval of this application subject to the following conditions: