EXHIBIT 1 PROJECT DESCRIPTION AND DESCRIPTION OF REQUESTED AREA VARIANCES REDEVELOPMENT OF 201 ELLICOTT STREET

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1 EXHIBIT 1 PROJECT DESCRIPTION AND DESCRIPTION OF REQUESTED AREA VARIANCES REDEVELOPMENT OF 201 ELLICOTT STREET I. PROJECT DESCRIPTION: Ciminelli Real Estate Corporation (the Applicant ) is seeking area variances from the Zoning Board of Appeals in connection with its proposed redevelopment of 201 Ellicott Street (the Project Site ) as a mixed-use project consisting of two buildings, each on a separate parcel, along with related site improvements. The proposed buildings consist of an approximately 200,000 sq. ft. residential building consisting of seven stories along Oak Street and five stories along Ellicott Street that will contain 201 affordable housing units and a single-story approximately 20,000 sq. ft. fresh food market. 1 The fresh food market will consist of both a wholesale component and a retail component. The wholesale component will service area restaurants and is the primary revenue generator for the market. The wholesale component will subsidize the retail component in order to make the market financially viable and sustainable on a long-term basis. The Project Site consists of approximately 2.5 acres and currently consists of a surface parking lot. Photographs of the Project Site are provided at Exhibit 3 of this Variance Application. The Project Site is zoned N-1C pursuant to the City of Buffalo Zoning Map. The proposed mixed use buildings are an expressly permitted use in the N-1C zoning district. 2 1 A description of the area variances being sought from the Zoning Board of Appeals is provided below in Part II of this Exhibit 1 of the Variance Application. 2 The proposed redevelopment project is comprised of two Stacked Units buildings as described in Section of the Unified Development Ordinance. A Stacked Units is described in Section of the Unified Development Ordinance as follows: A stacked unit building is a general multi-story building that can facilitate a variety of uses, typically connected by one or more shared entries. Page 1 of 8

2 A copy of the Site Plan [Drawing C1-100] prepared by Cannon Design depicting the layout of the proposed mixed use redevelopment project is attached to this Variance Application [11 x 17 ] and a reduced size copy is also provided at Exhibit 4. Copies of the Exterior Elevation Plans of the proposed mixed use building prepared by Cannon Design [Drawings A0301 and A0302] for the proposed mixed-use building are attached to this Variance Application [11 x 17 ] and reduced size copies are also provided at Exhibit 5. The Project Site will be subdivided for financing and ownership purposes such that Parcel A will consist of the fresh food market and Parcel B will consist of the residential building. The proposed configuration of Parcels A and B are depicted on the diagram below. The documentation attached to this Variance Application for the consideration of the Zoning Board of Appeals consists of the following: Exhibit 2: Narrative providing justification for the requested area variances based on the balancing test and five criteria contained in NYS General City Law Section 81- b(4) Exhibit 3: Photographs of the Project Site Page 2 of 8

3 Exhibit 4: Reduced Size Copy of the Site Plan [Drawing C1-100] prepared by Cannon Design depicting the layout of the proposed mixed use redevelopment [Note: An 11 x 17 copy of the Site Plan is also attached to this Variance Application] Exhibit 5: Reduced Size Copies Exterior Elevation Plans of the proposed mixed use building prepared by Cannon Design [Drawings A0301 and A0302] [Note: 11 x 17 copies of the Exterior Elevation Plans are also attached to this Variance Application] Exhibit 6: Map of adjacent conditions [Drawing A0101] Exhibit 7: Color Landscape Plan [Drawing C1-400] Exhibit 8: Traffic Demand Management Plan prepared by Wendel. 3 The proposed mixed-use redevelopment project was developed with the input of 35+ stakeholders with a vested interest in the community surrounding the Project Site though interactive workshops held over the last few months. Their valuable input informed and enhanced the mixed-use redevelopment project, defining its guiding concepts as follows: AFFORDABILITY: 201 Ellicott will welcome a diverse group of residents to the urban core. Responding to the concern and need for affordable, for-rent housing in the City of Buffalo, the mixed-use project will offer 201 affordable one-bedroom and two-bedroom apartments in a an approximately 200,000 sq. H -shaped building, with a five-story elevation along Ellicott Street and seven-story elevation across the middle of the Project Site and along Oak Street. There will be 131 one-bedroom units at 623 sq. ft. each and 70 two-bedroom units at 850 sq. ft. each, plus a two-bedroom superintendent s unit. Seventy-three percent (73%) of the units (147 units) are affordable to household s earnings 50% of Area Median Income ( AMI ) and 60% of AMI. The remaining twenty-seven percent (27%) of units (54 units) are affordable to households earning 80% of AMI. Amenities available to 201 Ellicott residents will include a multipurpose community room, fitness area, common laundry, valet room, bicycle storage, and outdoor spaces. MOBILITY: 3 A Traffic Impact Study has also been prepared to evaluate potential traffic impacts associated with the proposed mixed-use redevelopment project. The Traffic Impact Study was submitted with the Site Plan Application and it demonstrates that the mixed-use redevelopment project will not result in any potentially significant adverse traffic impacts. Page 3 of 8

4 201 Ellicott will maximize connectivity as a Mobility Hub, encouraging walkability, bicycling, use of nearby public transit, car-sharing and ride-sharing. The Project site has a Walk Score of 87--Very Walkable, with most errands able to be accomplished on foot, as well as a Bike Score of 78--Very Bikeable, for most trips. Ample indoor bicycle storage and a repair station will be provided for the development s residents, while outdoor bicycle racks will also be available. The Project Site s proximity to public transportation is recognized with a Transit Score of 70--Excellent Transit, that is convenient for most trips. It is a quick walk to both the Lafayette Square Station and Church Street Station for the Light Rail Rapid Transit ( LRRT ) Line which travels along Main Street. The development will also be within a few blocks of 8 bus stops and adjacent to the Niagara Frontier Transportation Authority ( NFTA ) Bus Terminal that supports local, regional, and national bus transportation by carriers such as Coach USA, Greyhound and Megabus. The western edge of the Project Site is on Ellicott Street, a significant arterial threading the historic Cold Springs neighborhood to the burgeoning Medical Campus to Buffalo s invigorated downtown. The eastern edge is defined by Oak Street, which connects to New York State Route 33, the Interstate 190 and other major thoroughfares. Furthermore, the Project Site is less than four miles from the Peace Bridge, an international bridge connecting the United States and Canada. 201 Ellicott will include options for both car-sharing and ride-sharing. Zipcar, a leading ondemand car-sharing network, will be located at the site as a community amenity based on market demand. For added convenience, a pick-up and drop-off for ride sharing services is also planned. Additionally, the site is within a 5 minute walk of several commercial parking lots and garages. HEALTH & WELLNESS: 201 Ellicott will promote health and wellness for residents and the greater community. The southeast corner of Ellicott and Clinton Streets will be anchored by a much-anticipated approximately 20,000 sq. ft. fresh-food market offering a wide range of products, such as locally-sourced produce, fresh prepared foods in a café setting, catering and seasonal items like pumpkins and annuals, as well as wholesale offerings for local restaurants. Residents of the residential building will enjoy comfortably-scaled outdoor spaces with opportunities to relax and gather. The proposed approximately one acre parcel (Parcel A) and the market will be owned and operated by the market operator. The proposed future property lines are noted on the Site Plan and the requested area variances take into account the proposed minor subdivision of the Project Site. VIBRANCY: 201 Ellicott will activate street life with a variety of destinations and activities. Landscape elements inspired by the Buffalo Niagara Medical Campus Linear Park on Ellicott Street are planned for the 201 Ellicott site to promote a vision of connection along this important Page 4 of 8

5 corridor. The residential amenities are organized facing Ellicott Street in an effort to enliven the street. The fresh food market will be supported by a parking area that can be used as flexible hardscape. It is bordered to the south by the residential building s front yard. This space can host a variety of activities for all-ages, ranging from farmers markets and food trucks to performances and events that may be supported by partnerships with our neighbors, such as the central branch of the Erie County Public Library. II. DESCRIPTION OF REQUESTED AREA VARIANCES FOR THE PROPOSED MIXED-USE REDEVELOPMENT PROJECT: The Applicant is seeking the following area variances from the Zoning Board of Appeals in connection with the proposed mixed-use redevelopment project: A. MARKET BUILDING VARIANCES (Parcel A): Page 5 of 8

6 1. The number of floors of the building (Stacked Units Building) in the N-1C zoning district is less than required pursuant to Section of the Unified Development Ordinance [3 stories required vs. 1 story proposed]. [Note: The proposed Market Building will have an average height of 22 ft.] 2. The front yard setback of the Market Building in the N-1C zoning district on Ellicott Street is greater than permitted pursuant to Section of the Unified Development Ordinance [0 ft. setback required vs setback proposed]. [Note: A front yard setback of greater than 0 ft. is being proposed to provide adequate space for outdoor seating, retail, and overall street vibrancy.] 3. The front yard setback of the Market Building in the N-1C zoning district on Oak Street is greater than permitted pursuant to Section of the Unified Development Ordinance [0 ft. setback required vs setback proposed]. [Note: There is a National Fuel easement with dimensions of 55 ft. x 30 ft. located on the northeast portion of the Project Site. As such, the Applicant cannot build the Market Building such that it would comply with the required front yard setback.] 4. The Build-to % of the front façade of the Market Building on Oak Street in the N- 1C zoning district is less than permitted pursuant to Section of the Unified Development Ordinance [85% build-to % required vs. 0% build-to proposed]. [Note: There is a National Fuel easement with dimensions of 55 ft. x 30 ft. located on the northeast portion of the Project Site. As such, the Applicant cannot build the Market Building such that it would comply with the required Build-to %.] 5. The interior side yard of the Market Building on Oak Street in the N-1C zoning district is greater than permitted pursuant to Section of the Unified Development Ordinance [0 ft. setback required vs. 77 ft. proposed]. 6. The surface parking within the interior side yard of the Market Building in the N- 1C zoning district is not permitted pursuant to Section of the Unified Development Ordinance [Requesting a variance to allow 29 parking spaces in the interior side yard]. [Note: The parking is dedicated to the proposed fresh food market and the number of parking spaces was determined based on a market study.] 7. The fence along the corner side lot of the Market Building on Clinton Street in the N-1C zoning district is taller than permitted pursuant to Section of the Unified Development Ordinance [4 ft. maximum height vs. 12 ft. proposed]. Page 6 of 8

7 [Note: A 12 ft. fence is being proposed for the purpose of screening a National Fuel regulator that must remain on the relevant portion of the Project Site pursuant to a permanent recorded easement. A photograph of the existing National Fuel regulator located on the northeast corner of the Project Site is provided at Exhibit 3.] 8. The fence along the front side lot of the Market Building on Oak Street in the N-1C zoning district is higher than permitted pursuant to Section of the Unified Development Ordinance [4 ft. maximum height vs. 12 ft. proposed]. [Note: A 12 ft. fence is being proposed for the purpose of screening a National Fuel regulator that must remain on the relevant portion of the Project Site pursuant to a permanent recorded easement. A photograph of the existing National Fuel regulator located on the northeast corner of the Project Site is provided at Exhibit 3.] 9. The proposed Refuse Storage Areas in the front yard of the Market Building along Oak Street in the N-1C zoning district is not permitted pursuant to Section 6.2 AF.1 of the Unified Development Ordinance [allowed in rear and interior side yards vs. front yards]. [Note: The proposed dumpster will be fully enclosed and is located a considerable distance from the Oak Street Right-of-Way. The enclosed dumpster will also screened with landscaping as depicted on the Landscape Plan provided at Exhibit 7.] 10. The loading berth on the front façade of the Market Building along Oak Street in the N-1C zoning district is not permitted pursuant to Section 8.3.7of the Unified Development Ordinance [no loading berth may be located on a front façade vs. locating a loading berth on a front façade]. [Note: It would not be practicable to comply with this requirement since the Market Building has two front facades and the proposed fresh food market need to accommodate daily deliveries by trucks for both the retail and wholesale components.] 11. The ground floor transparency along the front façade of the Market Building along Oak Street in the N-1C zoning district must be a minimum of 50% pursuant to Section [50% transparency required vs. 0% proposed]. 12. The ground floor transparency along the corner side façade of the Market Building along Clinton Street in the N-1C zoning district must be a minimum of 30% pursuant to Section of the Unified Development Ordinance [30% transparency required vs. 0% proposed]. [Note: Faux windows will be incorporated into the Clinton Street façade.] Page 7 of 8

8 B. RESIDENTIAL BUILDING VARIANCES (Parcel B): 1. The front yard setback of the Residential Building in the N-1C zoning district on Ellicott Street is greater than permitted pursuant to Section of the Unified Development Ordinance [0 ft. setback required vs setback proposed]. [Note: A front yard setback of greater than 0 ft. is being proposed to provide adequate space for the mobility hub and overall street vibrancy.] 2. The front yard setback of the Residential Building in the N-1C zoning district on Oak Street is greater than permitted pursuant to Section of the Unified Development Ordinance [0 ft. setback required vs setback proposed]. [Note: A front yard setback of greater than 0 ft. is being proposed to provide adequate space for a landscape buffer between the sidewalk and ground floor level residential units and to promote overall street vibrancy.] 3. The ground story height of the Residential Building in the N-1C zoning district is less than permitted pursuant to Section of the Unified Development Ordinance [13 ft. minimum required vs. 11 ft. proposed.] 4. The fence along the interior side lot of the Residential Building along Eagle Street in the N-1C zoning district is higher than permitted pursuant to Section of the Unified Development Ordinance [4 ft. maximum height vs. 6 ft. proposed.] [Note: A 6 ft. fence is proposed along Eagle Street for the purpose of providing security for the private back yard that will be accessible to the tenants of the residential building.] Page 8 of 8

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