CITY PLANNING COMMISSION ______________________________________________________________________________ October 19, 2009/Calendar No. 14 C 090433 ZMM ______________________________________________________________________________ IN THE MATTER OF an application submitted by RG WRY LLC pursuant to Sections 197-c and 201 of the New York City Charter for an amendment of the Zoning Map, Section No. 8b: 1. changing from an M2-3 District to a C6-4 District property bounded by West 33rd Street, Eleventh Avenue, West 30th Street, and Twelfth Avenue; and 2. establishing a Special Hudson Yards District bounded by West 33rd Street, Eleventh Avenue, West 30th Street, and Twelfth Avenue; as shown on a diagram (for illustrative purposes only) dated May 18, 2009, Borough of Manhattan, Community District 4. ______________________________________________________________________________ This application (C 090433 ZMM) for an amendment to the Zoning Map was filed by RG WRY LLC on May 14, 2009. The zoning map amendment, along with the related actions, would facilitate the development of the Western Rail Yard project in Manhattan’s Community District 4. RELATED ACTIONS In addition to the zoning map amendment which is the subject of this report (C 090433 ZMM), implementation of the proposed development also requires action by the City Planning Commission on the following applications which are being considered concurrently with this application: C 090408 MMM Amendment to the City Map involving a change in grade to West 33rd Street, between Eleventh and Twelfth avenues C 090422 HAM UDAAP designation, project approval and disposition of City-owned property C 090423 HAM UDAAP designation, project approval and disposition of City-owned property N 090429 ZRM Zoning Text Amendment concerning Article IX, Chapter 6 (Special Clinton District) C 090430 ZMM Zoning Map Amendment establishing a C1-5 district within an existing R8 District N 090434 ZRM Zoning Text Amendment concerning Article IX, Chapter 3 (Special Hudson Yards District) relating to the addition of a Western Rail Yard Subdistrict F and the expansion of the Special Hudson Yards District C 090435 ZSM Special Permit pursuant to Sections 93-052 as amended and 13-561 for an attended accessory parking garage C 090436 ZSM Special Permit pursuant to Sections 93-052 as amended and 13-561 for an attended accessory parking garage BACKGROUND The Department of City Planning, the Department of Housing Preservation and Development, and RG WRY LLC propose several land use actions to facilitate the development of the Western Rail Yard project which includes a 5.7 million square foot mixed-use project on a platform to be built above the western portion of the Metropolitan Transportation Authority’s John D. Caemmerer West Side Yard (Western Rail Yard Site) and two permanently-affordable housing locations on City-owned property in Manhattan’s Community District 4 (DEP Site and MTA Site). The project proposes to transform a 13-acre open rail storage yard into a vibrant, high- density mixed-use development containing residential, commercial, and retail space, a new _____________________________________________________________________________ 2 C 090433 ZMM public school, accessory parking for residents and workers, and over five acres of publicly accessible open space. In making this transformation, the project will become a major component of the redevelopment of Manhattan’s Hudson Yards area. In addition, the project proposes the development of permanently affordable housing at two City-owned sites. Project History The Western Rail Yard Site and vicinity has been the subject of major planning and redevelopment efforts by the City, the MTA, and other entities for decades. Most recently, in 2005, the City adopted the Hudson Yards rezoning, a comprehensive proposal to realize the development potential of an underutilized 50-block area in the Far West Side of Midtown Manhattan and to help secure New York City’s economic future by expanding job and housing opportunities in the area adjacent to the Midtown central business district. The rezoning allowed for a greater mix of land uses and densities, the creation of new public open spaces, and the extension of New York City Transit’s No. 7 Subway line. The area of rezoning was generally west of Eighth Avenue between West 30th and West 43rd Streets. As part of the Hudson Yards rezoning, the Eastern Rail Yard - across Eleventh Avenue from the Western Rail Yard Site - was rezoned from a low-density manufacturing district to a high- density commercial district. The Western Rail Yard Site, a prominent waterfront development site in the area, was envisioned to be a major component of the Hudson Yards transformation, but was not included in the 2005 rezoning. At that time, it was ESDC’s proposed location for a new NY Jets Stadium/Multi-Use Facility. The stadium project, however, was not approved by the Public Authorities Control Board and the proposal was withdrawn. _____________________________________________________________________________ 3 C 090433 ZMM In order to create a new plan for the Western Rail Yard Site, the MTA, Hudson Yards Development Corporation and the Department of City Planning held a year of workshops, forums, presentations and meetings in consultation with various City and State agencies, civic groups, and other organizations, including the Hudson Yards Community Advisory Committee, a Technical Advisory Committee, New York City Police Department, New York City Fire Department, New York City and New York State Departments of Transportation, New York City Department of Parks and Recreation, Community Board 4, the Manhattan Borough President, the Hell’s Kitchen Neighborhood Association, the Real Estate Board of New York, Friends of the High Line, Friends of the Hudson River Park Trust, the American Institute of Architects, the American Planning Association, the Regional Plan Association, and the Convention Center Development Corporation. This process established a series of guidelines to steer development on the Western Rail Yard Site. These included several urban design principles such as: the development should contain a mix of uses, the buildings should be organized around at least five acres of open space, tower heights should be varied to help ensure a dynamic contribution to the city skyline, the streetscape should be active and pedestrian-friendly, the site should be connected to the High Line and have views to the Hudson River. The guidelines contemplated a density of 10 FAR for the site, plus a density bonus for the provision of on-site permanent affordable housing and a floor area exemption for the inclusion of a public school on the Western Rail Yard Site. _____________________________________________________________________________ 4 C 090433 ZMM On July 11, 2007, the City Administration and the MTA entered into a Memorandum of Understanding (MOU) concerning various matters relating to the development of the Western Rail Yard Project. Pursuant to the MOU, the City Administration agreed that it would support an application for rezoning of the Western Rail Yard Site that complied in all substantial respects with the design guidelines, and included the density bonus for on-site permanent affordable housing, and a floor area exemption for a public school. In order to address the costs of construction over the active rail yard and provide much-needed affordable housing, the City also agreed to contribute $40 million dollars toward the development of two City-owned sites located north of the Western Rail Yard Site in Community District 4 for permanently-affordable housing. The two City-owned sites that were identified are (1) a site controlled by the Department of Environmental Protection (the DEP Site) on the western side of Tenth Avenue between West 48th and West 49th Streets (Block 1077, p/o Lot 29), and (2) an additional site controlled by the MTA (the MTA Site) on the eastern side of Ninth Avenue between West 53rd and West 54th Streets (Block 1044, p/o Lot 3). These sites were to be made available through a future RFP process administered by HPD at such time as they were made available for development. The MOU was accompanied by a letter from the local City councilmember supporting the development of the Western Rail Yard Site in accordance with the provisions of the design guidelines and the MOU. The MOU recognized that adoption of the proposal would be subject to the discretionary review and approval of the CPC and the City Council. _____________________________________________________________________________ 5 C 090433 ZMM Later that month, the MTA issued a Request for Proposals (RFP) for the lease of, with an option to purchase, air space and related real property interests for development over the Western Rail Yard Site, as well as a separate RFP for the adjacent Eastern Rail Yard site. The primary objectives articulated by the MTA were to maximize revenue for its capital plan and to assure safe, uninterrupted LIRR service at the project site. A further goal was to promote excellence in architecture, urban design, and sustainability in keeping with the City’s vision of the economic development and revitalization of the Hudson Yards Area. In October 2007, the MTA received proposals from five real estate development firms. Four out of five teams submitted supplemental proposals in February 2008. In May 2008, the MTA reached a conditional designation agreement with the team led by the RG WRY LLC to serve as developer of the Western Rail Yard Site. The MTA and RG WRY LLC are expected to close on the transaction in Spring 2010. Project Site and Area Descriptions Western Rail Yard Site The Western Rail Yard Site is a 13-acre site located on the far west side of Midtown Manhattan, near the Hudson River. The site occupies the entire area bounded by Eleventh and Twelfth Avenues, and West 30th and West 33rd Streets. The site is roughly equivalent to three city blocks, with approximately 712 feet of frontage along the avenues and approximately 800 feet of frontage along the side streets. The entire site is one zoning lot with approximately 570,000 square feet of lot area and is currently within an M2-3 zoning district.