Rezoning and text amendment will facilitate construction of affordable units. On February 11, 2009, the City Council approved Phipps Houses’ plan to construct two nine-story buildings along the north side of East 25th Street within the Henry Phipps Plaza South complex in Kips Bay, Manhattan. The complex already houses a 33-story, mixed-use tower at 444 Second Avenue and a 14-story building that faces East 26th Street. The proposed buildings would add 83-90 dwelling units to the complex. One building would replace an unused basketball court while the other would supplant a sitting area near two apartment buildings that face East 25th Street. In addition to the new buildings, Phipps’ plan seeks to improve the streetscape by converting accessory parking space along the Second Avenue frontage of 444 Second Avenue to retail use.

Phipps’ plan includes rezoning portions of C1-8 and R8 districts to a C1-9 district. The new C1-9 district is located in an area generally bounded by East 26th Street to the north, Second Avenue to the west, midway between East 23rd and East 24th Streets to the south, and a line 125 ft. east of Second Avenue to the east. Phipps’ zoning lot straddles the boundary between the new C1-9 district and the unchanged R8 district to the east.

Both C1-8 and R8 districts have open space requirements, but C1-9 districts do not; thus, the reduction in the amount of open space required on Phipps’ zoning lot allows the proposed development to proceed as planned. The two buildings would be constructed within Phipps’ zoning lot, just east of the rezoning, on the north side of East 25th Street within the unchanged R8 zoning district. Phipps expects all the units to be affordable to households earning between 60 and 80 percent of area median income.

Community Board 6 and Manhattan Borough President Scott Stringer expressed concern over the loss of open space that would occur once the buildings were constructed. Stringer stated in his recommendation report that the former C1-8 and R8 zoning districts required a considerable amount of open space on Phipps’ zoning lot, and that the new zoning would allow for the loss of open space in an area that currently has very little. Stringer, however, noted that Phipps had agreed to improve the remaining open space on the zoning lot and at a nearby Phipps property on East 29th Street. During the review process, CB6 and Stringer requested that Phipps work with the community to ensure that the open space improvements meet the community’s needs, and Phipps agreed.

Review Process
Rezoning
Lead Agency: CPC,Con.Neg.Dec.
Comm.Bd.: MN 6,App’d, 31-3-0
Boro.Pres.: App’d
CPC: App’d, 9-0-0
Council: App’d, 47-0-2

Text Amendment
Lead Agency: CPC,Con.Neg.Dec.
Comm.Bd.: MN 6,App’d, 33-0-1
Boro.Pres.: App’d
CPC: App’d, 9-0-0
Council: App’d, 47-0-2

Council: Phipps Plaza South Zoning and Text Change (C 070137 ZMM – rezoning); (N 090105 ZRM – text amend.) (Feb. 11, 2009).