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Zoning Analysis for NYCHA Infill for Holmes Towers

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Zoning Analysis for NYCHA Infill for Holmes Towers Holmes Towers Zoning analysis of NYCHA proposal George M. Janes & Associates 250 E. 87th Street New York, NY 10128 Tel: 646.652.6498 [email protected] 11/17/2017 On September 14, 2017, the developer selected by NYCHA presented plans for an infill building on Holmes Towers The presentation was in draft form and excluded important information • How tall will the building be? • Will it require a mayoral zoning override because it does not comply with the underlying zoning? • If so, how out of compliance is it? The zoning district is R8, a height factor residential district that is currently mapped in only a few places in CB8 • This district has no height limit but height is limited by a sky exposure plane • A sky exposure plane forces buildings to the center of the block the taller they get • Allowable floor area ratio (FAR) varies according to the “height factor” • Large amounts of open space is required for tall buildings • Sometimes, open space can be on top of community facility buildings While there was limited information shared, we can estimate compliance Part of Isaacs Houses Existing Holmes Towers First, model the existing Holmes Towers Second, model the proposed building from the information provided and insert into site Proposed residential tower approx. 480 feet to roof Part of Isaacs Houses Holmes Towers Community facility base Third, draw the sky exposure plane required for this district and street width This part of the building does not comply Part of Isaacs Houses Holmes Towers Narrow street standard sky exposure plane Fourth, do height factor calculations Block and lot Site description Borough Manhattan Community District 8 Block and lot 1573, Lot 20 Zoning district R8 Residential (Use Grps 1-2) Community Facility (Use Allowed uses Groups 3-4) Lot Area (SF) 121,100 Total Development New and Existing Total Source Complies? Lot area 121,100 Oasis NA Total residential coverage 22,451 Calculated by GMJ&A NA Non-qualifying CF coverage 7,778 Calculated by GMJ&A Total Gross Res. Floor Area (SF) 665,153 Estimated by GMJ&A NA GMJ&A estimated 4% Res Zoning Floor Area (SF) 638,547 deduction NA CF Zoning Floor Area (SF) 26,870 Estimated by GMJ&A Qualifying Open Space 90,871 Calculated by GMJ&A NA Proposed Height Factor 28.0 res ZFA/Coverage ZR 12-10, Calculated NA Proposed Res FAR 5.27 5.69 Max @ HF 28 ZR 23-151 Complies Open Space Ratio 14.2 14.0 Min. @ HF 28 ZR 23-151 Complies Total FAR 5.49 6.5 Max ZR 24-11 Complies Does it comply with zoning? No • The building does not comply with the required sky exposure plane • It is not close: 480 feet tall within 3 feet of the streetline • Related, it does not setback 15 feet at 85 feet and so violates the initial setback distance • But, the building appears to comply with FAR, Open Space Ratio, building spacing and all other zoning measures • The building will likely need a Mayoral Zoning Override • Conditions for a variance cannot be met • Other options require ULURP What is a Mayoral Zoning Override? • A discretionary action taken by the Mayor so that projects with a public interest are not bound by zoning • Most often used for public schools. Brooklyn Navy Yard has one to waive parking requirements. Typically, they are relatively small • Requires an environmental review, but does not require ULURP • Mayor Bloomberg used a Mayoral Zoning Override to allow a demonstration project with very small apartments or “micro-units” • Because the demonstration project was private, NYC wrote up the legal justification for Mayoral Zoning Overrides on private projects . Bloomberg’s legal justification for Mayoral Zoning Overrides for the micro-unit demonstration project: “Broadly, the practice of utilizing zoning overrides is not only common to facilitate government development projects that serve a public purpose, but has also been long recognized by New York State courts. Historically, the ability of municipal governments to site public facilities without regard to zoning was utilized for strictly governmental purposes, such as schools, police stations or prisons. The decision in a 1988 case, Matter of Monroe, 72 N.Y.2d, dismantled the simplistic definition of governmental uses that had increasingly left out other types of public purpose projects, like health facilities and affordable housing. The Monroe case established a balancing test that continues to be the basis for New York City’s decisions regarding the applicability of zoning overrides, which stresses: • need for the project; • importance of maintaining existing zoning restrictions beyond the site designated for zoning override, • cost-benefit and alternative analysis; and • opportunity for public comment. The New York State Court of Appeals most recently ruled that the State’s immunity from zoning laws could apply to private entities contracting with the State, as long as the balancing test is satisfied. Crown Commun. N.Y., Inc. v. DOT, 4 N.Y.3d 159 (2005); Town of Hempstead v. State of New York, 840 N.Y. 2d 123, 127 (2007). Further, zoning overrides are generally appropriate in this case because it is critical that the existing zoning be maintained outside the project site, and that amendments to the zoning resolution not be made prior to the opportunity to evaluate the success of the micro unit pilot. Absent a permanent change to the City’s Zoning Resolution, these zoning waivers would be necessary in order to construct similar micro unit housing developments.” Is it necessary to build tall to realize the development potential? Low rise development could also work . Existing height factor site in the Bronx Infill development could improve urban design and reconnect the project to the street grid Low rise infill might work at Holmes Towers: The green areas could hold smaller buildings with the same number of units Other questions that the public may ask: • Are public benefits enough to justify a mayoral zoning override? • The project, as proposed, may be achieved with a large-scale special permit, which would require ULURP. Would that be more appropriate? • Will other NYCHA infill sites use a similar strategy? • Should the Mayor waive zoning requirements for a for-profit developer? • Is this the right place for a 480 foot tower? • Is this a good use of the City’s resources? Holmes Towers Zoning analysis of NYCHA proposal George M. Janes & Associates 250 E. 87th Street New York, NY 10128 Tel: 646.652.6498 [email protected] 11/17/2017.
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