Justin Jarboe: 815 Hutchinson River Parkway site location and zoning history

When you begin your presentation, please restate your name and organization.

Good morning, members of the subcommittee and Councilmember Audible.

My name is Justin Jarboe of Roth Crew, Roth Crew Inspector.

I'm here today on behalf of MD Hutch Owner, LLC, the owner of the existing Throg's Neck Shopping Center at 815 Hutchinson River Parkway in Bronx Community District 10.

Joining us remotely are Adam Rothkru, zoning counsel for the applicant, and former state senator Jeffrey Klein, along with his associate, Michelle Dalgall.

Possibly also present on behalf of ownership are Danielle Contillo and Aaron Malinsky.

Next slide, please.

So we are here in connection with the zoning map amendment that would change the zoning of a single block in which the shopping center sits, bounded by Lafayette Avenue to the north,

Brush Avenue to the west, and Winter Place to the south, and the Hutchinson River Parkway Service Road to the east from M12 to C83.

The application is sought primarily to expand the range of permitted commercial uses, including the ability to locate a supermarket in excess of 10,000 square feet to serve as an anchor tenant for the upper floor of the shopping center.

This proposal is not sought for an increase in permitted density and no vertical enlargement is sought.

The bulk height yard and setback regulations of the proposed CA3 district are generally the same as those in the M12 district.

What we're asking for is that the zoning recognize the commercial character of the shopping center as opposed to a manufacturing use, which restricts certain commercial uses above 10,000 square feet.

Next slide, please.

In terms of the location of the site, the block to the north is the campus of Bronx Catholic School and Monsignor Scanlon High School.

Further north is a Home Depot.

The area to the south of Winter Place contains single-family homes interspersed with smaller commercial establishments.

And then further south along Westchester Creek is a series of single-story warehouses.

To the east across the Hutchinson River Parkway is St.

Raymond Cemetery, and of course to the west is Westchester Creek.

The site sits just south of the Bruckner Interchange, where the Cross Bronx and the Bruckner Expressways meet, and immediately north of the Whitestone Bridge.

It is a regional retail location, fronting a limited access parkway, and has functioned as one since the center opened in 2013.

Next slide, please.

This slide shows the location of the underlying M12 zoning district against Westchester Creek and the residential districts that surround it.

Dating back to 61, the applicable provisions of the zoning resolution have prohibited certain retail uses in excess of 10,000 square feet in M1 districts.

The 1961 regulations, which remain in effect today, allow toy, hardware, drug, book, office supply stores of any size,

while food, furniture, clothing, department stores, variety, and floor covering and appliance stores are limited to 10,000 square feet.

The nature of retail development has also changed dramatically since 1961, while the restriction has not.

COVID in particular changed retail habits with online shopping, reducing foot traffic for certain retailers, recognizing the importance of flexibility for a shopping center.

Importantly, retailers like grocery stores remain quite active, as most shopping is still preferred in person, and can serve as an active tenant to bring foot traffic to a larger shopping center, which in turn supports the adjacent businesses.

However, based on the current M1 zoning, a supermarket cannot be located within the center today.

A use that has repeatedly indicated is needed, it wouldn't be very desirable for this location.

As a matter of background, this block was zoned M1-2 at the inception of the 1961 zoning resolution when the area was more industrial in character with warehouses lining Westchester Creek.

It subsequently sat vacant until it was approved with the shopping center in 2013.