When asked to discuss current trends coming out of City Planning, David Karnovsky, General Counsel since 1999, offered to start the conversation with the matters sitting on his desk. From Broadway’s first air rights sale, to a new community board planning tool, to implementation of City Planning’s complex rezoning plans, the conversation revealed developing trends. Karnovsky, a Harvard Law School graduate, joined City Planning after serving as Special Counsel to the Deputy Mayor of Operations in the Giuliani administration and ten years with the Law Department working on the Charter revision, the Fulton Fish Market, and the adult use zoning text.

Legitimate Theater. With the August 2006 approval of the air rights transfer from Broadway’s Hirschfeld Theatre, the first since the 1998 code amendment creating the Broadway air rights plan, Karnovsky found himself contemplating “what is legitimate theater?” The ’98 text requires two things to complete the transfer: the Broadway building must remain a legitimate theater, and the theater owner must pay into a theater fund managed by a not-for-profit. With the Hirschfeld application underway, City Planning had no definition of legitimate theater, no established theater fund and no not-for-profit. (more…)

Luxury apartments approved once developer reduced the height and size. Red Brick Canal LLC sought approval to construct an 11-story, 25,025-square-foot residential and commercial building at 482 Greenwich Street, a lot with frontage along Greenwich and Canal Streets at the border of Tribeca and SoHo in Manhattan. The project site, a 3,136-square-foot, trapezoidshaped lot located in a commercial zone (C6-2A), currently contains an unused gas station which will be demolished. The City had rezoned the lot from manufacturing (M1-6) in 2003 as part of the Hudson Square rezoning.

Red Brick’s project failed to comply with floor area, height, yard, lot coverage, curb cut and garage size requirements, necessitating variances. Red Brick, represented by Deirdre Carson, argued that the lot’s small size, its unconventional shape, its location within a flood plain, and the need to remediate the soil made an as-of-right project infeasible. Red Brick added that, due to the odd shape of the lot, the units would have greater wall space than floor space, which would diminish the units’ value. (more…)

City designated lot to become part of Hudson Boulevard and city park. Affirmation Arts Ltd. received building and demolition permits in 2004 to add an additional story and mezzanine totaling 3,206 sq.ft. to the three-story building at 523 West 37th Street. In January 2005, before Affirmation finished the work, the City approved the Hudson Yards rezoning, its massive land use initiative for Manhattan’s west side.

Under the Hudson Yards rezoning, Affirmation’s lot at West 37th Street, located between Tenth and Eleventh Avenues, was to become part of the City’s proposed new street, Hudson Boulevard, as well as new park space. The new Hudson Boulevard will extend from West 33rd to West 38th Streets between Tenth and Eleventh Avenues and will have two 50-foot wide roadways separated by a linear park containing green spaces, seating, playgrounds and restaurants. 1 CityLand 36 (Dec. 2004). The City would acquire Affirmation’s lot as part of Phase 2 of the City’s park and boulevard plan, which is planned to commence in 2012. (more…)

Rendering of High Line Elevated Structure, affected in a follow-up zoning action in West Chelsea. All images created by Field Operations and Diller Scofidio + Renfro. Permission to reproduce images: courtesy The City of New York, (c) 2004.

Boundaries, frontage, easement access and lot coverage modified for High Line and Special West Chelsea district. In June 2005, the City Council approved several applications related to West Chelsea including the establishment of a Special West Chelsea District to support development of the High Line elevated public space, art galleries, marketrate housing, and affordable housing. 2 CityLand 83 (July 15, 2005). Public review of the proposed text amendments identified the need for additional modifications.

On October 27, 2005, the Planning Department filed an application for a Follow-Up Corrective Action, or FUCA, proposing modifications to the text amendments. The proposal clarified the boundaries, lot coverage calculations, and access requirements for the High Line Improvement Area; reduced minimum allowable frontage for development along the High Line; and identified Parks as the agency responsible for High Line maintenance and inspection. The proposal also added anti-harassment provisions similar to those created for the neighboring Special Hudson Yards District. 3 CityLand 5 (Feb. 15, 2006).

The Commission unanimously approved, finding that the application addressed needs identified during the approval process of the prior text amendments. (more…)

Follow-Up Corrective Action (FUCA) approved 17 modifications to Hudson Yards revitalization plan. In January 2005, after extended negotiations, the City Council approved ten land use actions related to the revitalization of Manhattan’s Hudson Yards. 2 CityLand 4 (Feb. 15, 2005). Public review of the proposed text amendment identified the need for certain modifications. On August 4, 2005, the Planning Department, Council Member Christine Quinn, and Manhattan Community Board 4 applied jointly to incorporate the modifications into the Hudson Yards plan. The Follow-Up Corrective Action, or FUCA, identified 18 modifications related to affordable housing, development controls, clarifications, and corrections. On December 21, 2005, the City Council approved 17 of 18 revisions to the text. The approved corrective actions: (more…)