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…)

Mall-type retail center to be developed on site of Bronx Terminal Market. The NYC Economic Development Corporation and BTM Development Partners obtained Council’s approval for six actions related to development of a one-million square-foot, multi-level retail center at the site of the Bronx Terminal Market in West Concourse, Bronx. Two approved map amendments eliminated streets between River and Cromwell Avenues and rezoned the project site from M2-1 to C4-4 to permit large scale retail development. The Council also approved three special permits to allow a six-building retail center and 250-room hotel, a connected 6-level public parking garage with 2,610 spaces, and signage exceeding the allowable square footage. The sixth action approved disposition of the 19-acre project site from the City to the EDC for subsequent disposition to the real estate management firm Related Companies, Inc.

At the Council’s January 23, 2006 Subcommittee on Zoning and Franchises hearing, a representative for Assemblywoman Aurelia Greene, along with local residents and merchants supported the project and emphasized the need to revitalize the neighborhood and create jobs. Friends of Brook Park also spoke in favor of development, but urged the Council to support the creation of a park with waterfront access next to the site. Opponents criticized the EDC’s failure to disclose names of potential tenants, expressed concern over the lack of commitment to minority and union jobs, and argued that retailers such as Wal-Mart and BJ’s would be detrimental to the community. Opponents also urged the Council not to approve an aesthetically out-of-context, suburban-type mall that would fail to serve the lower income community and create excess traffic. (more…)

Bay Terrace and Oakwood down-zoned to prohibit semidetached homes. On November 16, 2005, the City Council approved zoning map amendments to rezone 48 blocks of Bay Terrace and Oakwood, Staten Island.

Council Member Andrew J. Lanza initiated the Bay Terrace proposal in response to concerns about over-development in Staten Island. The proposal called for the rezoning of an area bounded by Amboy Road, Buffalo Avenue, Durant Avenue, and Bay Terrace. Under the proposal, 27 blocks would be rezoned from R3-1 to R3X to prevent the construction of semi-detached houses and require larger lots for increased building height. (more…)

Staten Island Council Member wins approval for down-zoning despite strong concerns of Commissioners Merolo and Phillips. Council Member Andrew J. Lanza, representative for District 51 on the south shore of Staten Island, sought two map amendments for the Eltingville and Tottenville sections of Staten Island, which would predominantly restrict new development to single-family homes

In Eltingville, Council Member Lanza sought to rezone 12 blocks bound by Richmond Avenue, Koch Boulevard, Hayes Avenue and Hylan Boulevard. The area, which had been down-zoned in 1997, would be rezoned from a R3A to R1-2, allowing only single-family homes as-of-right and requiring 40-foot-wide lots. The Tottenville rezoning would cover 65 blocks bound by Arthur Kill Road to the north, the Arthur Kill to the west, Raritian Bay to the south and Page Avenue to the east. The current R3A district would be changed to R1-2 and R3X to restrict a portion to single- family homes and require large lots for any two-family homes. Tottenville had been contextually rezoned in 1995, 1996 and 1997. (more…)

City amended law to obstruct loopholes. In 1993, adult establishments had proliferated within the city, growing from only nine in 1965 to 177 in 1993. A 1993 Planning Department study, precipitated by this increase, concluded that adult uses produced secondary negative impacts like increased crime, property value depreciation and a reduction in commercial activity in areas where the uses were heavily concentrated. This study became the basis of a 1995 citywide zoning amendment that prohibited adult establishments within residential districts and within 500 feet of schools and churches.

The 1995 zoning restrictions defined adult uses as a commercial enterprise that used a substantial portion of its business for adult content, but failed to explicitly define “substantial portion.” Buildings interpreted “substantial portion” as a business that devoted at least 40 percent of its floor area to adult uses. Adult use businesses then reconfigured their floor area to circumvent the 60/40 rule. (more…)