It was reported today that Mayor de Blasio is proposing a significant expansion to an earlier announced plan to protect the City’s industrial businesses. This new proposal would require all hotels in all manufacturing zones City-wide to obtain discretionary special permits. In November of last year, the Mayor, with the support of key members of the City Council called for new zoning restrictions which focused on protecting the City’s 21 Industrial Business Zones (IBZs), including a ban on rezoning IBZ land for residential use and the elimination of as-of-right development of hotels in these areas.
The Mayor’s new plan now calls for requiring all hotels in all manufacturing zoning districts throughout the City, where such hotels are now permitted as-of-right, to obtain a special permit under the City’s Uniform Land Use Review Procedure (“ULURP”). ULURP, which requires approval from both the City Planning Commission and the City Council, is a lengthy, complex and uncertain process, which can easily add up to two years to the development process.
Creation of this hotel special permit will require an amendment to the New York City Zoning Resolution. It was reported that the anticipated timeline for creating the special permit is one year; though it is possible it could be accomplished in less time. The creation of this City-wide special permit is heavily supported by the New York City Hotel and Motel Trades Council, and it is reported that key City Council Members have signed to the expanded plan.
Hotel projects already underway and those planned on affected sites are able to vest the right to be built without a special permit if they secure a building permit based on a complete set of building plans and fully construct their foundations prior to the enactment of the amendment.
We are actively following this proposal and will keep you updated. Should you have any questions generally, or about a specific project site, please contact:
Mitchell A. Korbey at +1 212 592 1483 or firstname.lastname@example.org
The New York City Department of City Planning (DCP) has released its proposed framework for the rezoning of East Harlem. East Harlem is one of the seven neighborhoods identified by the administration for increases to residential density which would be subject to the Mandatory Inclusionary Housing requirements adopted in March 2016. DCP proposes to significantly upzone portions of Park, Second and Third Avenues, with buildings having the potential to reach up to 30 stories. We are actively following this proposal, which is expected to enter public review in April 2017, and will keep you updated.
Should have any questions generally, or about a specific project site, please contact Mitch Korbey or Anne McCaughey.
On Thursday morning October 27th, Mitch Korbey will be moderating a panel on the State of the Market in LIC at Bisnow’s fall event. Speakers include Shibber Khan (Criterion), Seth Pinsky (RXR), Rachel Loeb (World Wide) and Steve Klein (Brickman).
“It’s a solid, growing residential community and it can field a team with the Mets players living there, but it needs to mature as a live/work community, and I’m not sure it’s there yet,” he tells Bisnow.
Welcome back to the Herrick Zone. We have a new editor and intend to revitalize the blog to keep you current on news and updates that involve land use and zoning issues.
De Blasio administration considers major changes to NYC’s air-rights policy
Herrick’s Land Use & Zoning team will be monitoring the developments of the De Blasio Administration as they consider policy recommendations in the near future over the city’s air rights. If the city decides to adopt any reforms, they would fall into two broad areas that were discussed at a meeting with city officials and stakeholders on September 30th. The first would involve private transactions, which allow developers to buy unused square footage from owners on the same block. The second area of discussion concerned landmarked buildings as owners often have the right to build much bigger structures but can’t because of the building’s protected status.
For the full article on Crain’s New York click here.
Please continue to follow this blog for updates and information.
For the most part, much of the public drama over the Department of City Planning’s East Midtown proposal has been played out. At this point, most anyone with a stake in New York City real estate has (often quite forcefully) thrown in their two cents: architectural pundits and practitioners, big-time property owners, citywide civic advocacy groups, a consortium of affected Community Boards, present and presumptive Manhattan Borough Presidents, and nearly every faction of the fourth estate. But ultimately—or likely penultimately, as the City Council will most certainly take its turn to weigh in—it finally comes down to what the City Planning Commission thinks, and its moment arrives this week.
For those of you planning to attend this week’s CPC public hearing session, remember that the host venue is the National Museum of the American Indian, in the former U.S. Custom House building, at One Bowling Green in Lower Manhattan. When the CPC expects an extraordinary turnout for a public hearing, it makes special arrangements to move the proceedings—normally at its headquarters at 22 Reade Street—to an offsite location, and this week’s agenda should validate the move.
Today, the New York Times weighed in with its commentary on the City’s East Midtown Rezoning – and we think they miss the mark.
The piece (which is misplaced in the Arts Section) argues that the plan, developed by the Department of City Planning, calls for too much density, without sufficient focus on infrastructure and mass transit – and it seems to suggest that people won’t be working in high-rises so much (but is silent about living).
Density is good for the environment, and it is good for New York. It is a key reason why the City’s “carbon footprint” is so low. Density is also good for the workplace – as it brings people and corporations together. It is good for neighborhoods and for the life of the City. The rezoning’s focus on Grand Central (contrary to the main theme of the Times’ commentary) demonstrates an awareness of the basic need to support the highest densities at and around established transit nodes. The plan is not an irresponsible call for enormous buildings – but an incentive program to encourage the replacement and rebuilding of undersized and obsolete Class “B” buildings.
The plan doesn’t pretend that zoning is a panacea – it’s but one tool in an overall effort to keep New York City globally competitive while also balancing a regional focus among Hudson Yards, Lower Manhattan and Midtown.
The Times piece would be better placed in the Metropolitan section – and would better serve the readers if it were more comprehensive.
(Image borrowed from Department of City Planning presentation of East Midtown Rezoning).
Last week, at a meeting of Community Board 5, City Planning finally released details of a much anticipated zoning proposal for East Midtown. The proposal, which could be the last major rezoning initiative of the Bloomberg administration, concentrates on the blocks around and north of Grand Central (the boundaries stretch roughly from Fifth Avenue to Second Avenue and from 39th to 57th Streets), which are already home to a number of high density office buildings.
The rezoning looks to incentivize property owners and developers to upgrade the area’s office building stock by permitting new development at a significantly higher density than is currently allowed. The new regulations may also incorporate a “district improvement fund” type program, similar to what already exists in Hudson Yards. As part of this program, developers could contribute to a fund, intended to finance the construction of a pedestrian plaza on what is now Vanderbilt Avenue, in exchange for even more floor area. Under today’s zoning, a limited number of property owners are permitted to purchase excess development rights from Grand Central, and that program might also be expanded under the new proposal. Continue reading
As was reported in Crain’s, on Wednesday the City Council approved two new rezonings in Manhattan – one in the West Village, and the other in the East. Both rezonings are contextual, putting height limits in place in areas where none existed previously. Continue reading
An article from this week’s New York Observer discusses limitations on hotels proposed for Tribeca. Generally, hotels, considered a “commercial” use under the zoning resolution, are permitted in New York City in all commercial zoning districts (which also permit residential uses) and some manufacturing zoning districts (which do not permit residential uses) with no limitations. The proposal, which is part of a general overhaul of the zoning in northern Tribeca, would limit hotels permitted as-of-right in the area to those with 100 rooms or less. This is worth taking a closer look at, since it’s the first time in recent history that the City has proposed restrictions on hotels in a commercial area. Continue reading