Exploratory Impact Analysis of the New York City Zoning Amendment for Quality and Affordability JESSE M

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Exploratory Impact Analysis of the New York City Zoning Amendment for Quality and Affordability JESSE M Exploratory Impact Analysis of the New York City Zoning Amendment for Quality and Affordability JESSE M. KEENAN, LUC WILSON & MONDRIAN HSIEH 2 TABLE OF CONTENTS I. Introduction 1 II. Research Design & Methodology 2 III. Results and Discussion 8 IV. Conclusions 13 V. Appendix 18 ABSTRACT This paper represents a critical methodological and technological advancement in engaging the broader public discourse as to the precise impacts of urban development and associated zoning calibrations. The “Zoning for Quality and Affordability” amendment to the New York City (NYC) zoning code is the first city- wide zoning effort since 1961 (ZQA). The legislative intent of the ZQA is to provide greater flexibility for accommodating economically viable housing production within the context of promoting a wider range of design alternatives that advances both housing and contextual urban quality. The research design is centered on evaluating the spatial distribution and geometric characteristics of lots subject to the ZQA rules across NYC (Macro Analysis), as well to evaluate the daylight access and visibility impacts associated with lots within each of the applicable zoning districts (Micro Analysis). The Macro Analysis evaluates the extent to which the ZQA is addressing larger development constraints within existing rules relative to underbuilt lots. The Micro Analysis tests the hypothesis that environmental impacts from the ZQA are marginal and are not consistent with a broader public critique of the overwhelming negative impacts of the ZQA. The results of the Macro Analysis support the legislative intent of the ZQA and the results of the Micro Analysis support an affirmation of the hypothesis. To the contrary, a majority of districts are projected to experience positive measured impacts. 2009; Keenan & Chakrabarti, 2013). INTRODUCTION However, while the exact economic constraints and strategies of owners This paper explores the application of underutilized lots that may benefit of a technological advancement in from the ZQA amendment are unknown, measuring the precise impact of urban the planning authorities anticipate that development and associated zoning additional housing development—at a calibrations. The zoning amendment higher level of quality—would manifest known as the “Zoning for Quality and from adoption of the ZQA. Affordability” (ZQA) is the first city-wide zoning effort in New York City (NYC) For recent buildings that were constructed since 1961. The legislative intent of the subject to then-existing contextual and ZQA amendment is to allow for higher quality housing constraints, the form of quality housing development within the buildings were deemed to be inferior use districts zoned with contextual and on several fronts. First, the floor-to-floor quality housing bulk regulations. The bulk height restraints resulted in ground floors regulations of the districts revised by the without retail space. Retail is beneficial ZQA were largely established in 1980’s not just in terms of cross-subsidizing the and were calibrated to very specific operation of residential buildings, but it building standards prevalent at the time. also provides for a more socially dynamic Since then, construction and design streetscape (Zukin, 1998; Lowe & Wrigley, standards have significantly evolved, 2000; Argo, Dahl, & Manchanda, 2005). In as has the public’s desire for advancing addition, low income neighborhoods are higher quality architecture and urban often subject to an undersupply of retail space. The result is that in order for space, which often leads to additional new buildings to maximize economic cost burdens for accessing basic items efficiencies as dictated by increasing such as food and medicine (Kwate, et al., land costs, buildings must be built to the 2013). The second negative attribute of street line; the building entry must be these buildings are that their forms tend at grade; and, the floor-to-floor heights to be flat and without articulation that must be approximately 8 feet. As a result would otherwise be desirable for matters of these spatial limitations, new buildings relating to contextual urban design are sacrificing quality for economy (DCP, (Stamps, 1999, 2001, 2013). At the ground 2015). While the ZQA amendment does plane, these building are generally not create additional buildable square not able to incorporate setbacks and footage (FAR), an additional policy goal courtyards that would otherwise be is to accommodate irregular lots that consistent with an historical urban have remained underutilized or unbuilt context or would otherwise be desirable due to technical restrictions on the bulk to break a continuous, monotonous and massing of any proposed future plane (Kasprisin, 2011). building (Been, Madar & McDonnell, 1 In order to remediate these unnecessary existing rules relative to underbuilt lots. spatial constraints within the zoning The Micro Analysis tests the hypothesis envelope, the ZQA proposed to: (i) that the measured environmental expand the height limit of building impacts from the ZQA are marginal and by approximately 5 feet, (ii) expand are not consistent with a broader public the floor-to-floor heights; (iii) limit the critique of the overwhelming negative number of floors in order to maintain impacts of the ZQA. This hypothesis reasonable ceiling heights; and, (iv) is critically relevant for addressing, allow set-backs from the property line in through objective scientific processes, situations where rear-yard requirements the subjective underlying popular fear restrict requisite massing allocations of density that accompanies zoning and (DCP, 2015). While these modifications land uses changes. may appear to be benign calibrations, the public response at the community RESEARCH DESIGN level to the ZQA amendments has been consistently negative (Grynbaum & & METHODOLOGY Navarro, 2015). The bulk of the critiques have been grounded in an underlying The research design of this paper fear of density—irrational or otherwise. is centered on evaluating the spatial distribution and geometric This paper seeks to explore the spatial characteristics of lots subject to the and environmental impacts of the ZQA ZQA rules across NYC (Macro Analysis), on NYC. The relevance of this work is as well to evaluate the daylight access to provide a methodology and set of and visibility impacts associated with empirical outputs that may advance interior and corner lots within each of the a more well-informed public dialogue applicable districts (Micro Analysis). The concerning the impact of zoning design was predicated a comprehensive modifications. This paper seeks to review of zoning texts relating to those explore the impacts of the proposed provisions being amended by the ZQA. elements of the ZQA proposal at three- These baseline conditions and rules (i.e., scales: the lot, the block and the city. At pre- and post-ZQA) were then modeled the city scale, the analysis focuses on into Grasshopper/Rhino models to the nature and distribution of the types simulate the basic spatial parameters of lots that are potentially impacted by of zoning envelopes and massings for the ZQA (Macro Analysis). The block and new construction (Ferreira, et al. 2015). lot scale, the analysis seeks to measure Subsequent to the random sampling the impact of post-ZQA development and validation of these model outputs, on daylight access and visibility (Micro the models were calibrated to reflect the Analysis). The Macro Analysis evaluates changes proposed under the ZQA. The the extent to which the ZQA is addressing models and samples from the models larger development constraints within were reviewed by various municipal 2 zoning and planning staff for further 2. Lots were culled if they were over 50% calibration—particularly for nuances built; in overlay districts. Modules were then 3. Lots were culled if they had fewer than coded to take any given massing from 6 residential units; the aforementioned models and measure 4. Lots were culled if they had landmarked buildings; and floor heights, stories, and gross floor area 5. Lots were culled if they had frontage of approximations based on known ranges less than 45 feet1; or for net square footage by program—in 6. Lots were included if they had lot this case, housing and retail. R9D and depths between 70 and 95 feet. R10X districts were included in the data because they are contextual districts, Geographic boundaries of patterned but they were removed from the analysis concentrations of filtered lots were as they were not ultimately subject to the identified and drawn. Each lot and revised textual amendments under ZQA. building volume within the boundaries were measured. Thereafter, blocks based For the Macro Analysis, the research team on random simulations of representative extracted geometric measurements for building distributions relative to their all of the registered building lots in NYC positioning within blocks were generated. using the Department of City Planning’s The intent was to create a unit of analysis (DCP) 2015 PLUTO data sets. These that could be removed from the on- lots were filtered to identify those lots the-ground politics that biased external whose geometry (e.g., rear yard setback interpretation. However, ultimately, limitations) would result: (i) in precluding actual blocks, lots and buildings were any economically viable development; identified for further evaluation. This (ii) in developments that would be under- decision was reinforced by the argument built relative to the
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