Transcript Session3_Intro to Zoning - Tower on Base

NYC Zoning
What Can I Build?
EXISTING CONDITIONS
Tower on a Base
Lot 1:
Existing 6 Story Tenement:
has an FAR of 4.0 when 12.0
is available as of right.
Lot 2:
Development Site:
Existing one story commercial
building to be demolished.
ZR 35-31, 23-15 &
23-90 (Inclusionary housing)
C1-9 Zoning District Example
1916 Resolution
Tower
regulations
Towers
= 25%
lot coverage
25% of lot area could penetrate sky exposure plane
GE building,
The San
Remo 1931
1961 Resolution
Bulk Regulations
Introduced Height Factor Zoning to
implement tower-in-the-park model
• Established floor area ratio (FAR) in all
districts
• Varied FAR by district and by open
space
• Maintained sky exposure plane (but
varied heights by district)
• Limited locations where towers were
permitted and increase lot coverage
(from 25% to 40%)
• Created incentives to provide
community facilities and to create
plazas (a la Seagrams)
Union Carbide building - 1961
1961 Resolution
‘Height Factor’ Zoning
Regulated shape of buildings in R6 through R9, mid to high density districts
Existing configuration
Towers in the Park concept
1961 Resolution
Issues with 1961 Resolution
Height factor buildings, when applied to neighborhoods with existing buildings,
were severely out of context
1961 Resolution
Issues with 1961 Resolution
While many developers were eager to take advantage of plaza bonuses, there were no
minimum standards to ensure their utility
1961 Resolution
What are “contextual”
building envelopes?
• Established in 1987 to promote housing
that fit better within neighborhoods than
the previous “tower-in-the-park” model
Maximum height
Base height
with setback
• Required in contextual zoning districts
• Optional in non-contextual districts
• No sliding scale FARs
Street wall
• Generally establishes
• Street wall locations
• Maximum base heights
• Minimum upper story setbacks
• Maximum building heights
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1961 Resolution
Quality
Housing
Program
Quality
Housing
is mandatory
in contextual R6-R10 districts
Height Factor Zoning
Quality Housing Program
CONTEXTUAL ZONING
1961 Resolution
Tower-on-a-base
While most Manhattan mid-blocks were zoned to R8B contextual districts, the
avenues, which were parallel to subway lines, often remained R10
Civitas’ The ABC of Zoning
Upper East Side/ East Harlem Guide
CONTEXTUAL ZONING
1961 Resolution
Tower-on-a-base
Using zoning lot mergers,
residential plazas or Inclusionary
Housing, or a combination thereof,
one could create a substantial
tower that could rise shear from
grade on Manhattan Avenues
Civitas’ The ABC of Zoning
Upper East Side/ East Harlem Guide
CONTEXTUAL ZONING
1961 Resolution
Tower-on-a-base
This resulted in tall towers that often were out of context with the residential fabric
and deleterious to the pedestrian experience
CONTEXTUAL ZONING
1961 Resolution
Tower-on-a-base
To combat this, tower-on-a-base was
established in 1994. Tower-on-a-base:
• Is mandatory if constructing a tower
on wide streets in R9/R10 districts or
in C1 or C2 districts with a R9/R10
residential equivalent
• Requires street wall of 60-85’ (ends
potential for plazas)
• Establishes min and max tower lot
coverage (30-40%) to limit mergers
• Has ‘packing-the-bulk’ rules to limit
overall height (55% of FAR has to be
located below a height of 150’)
C1-9 Zoning District Example
NYC Department of City Planning
Zoning Division
EXAMPLE
Tower on a Base
C1-9 Districts mapped in the
Upper East Side,
Community District 8
(Zoning Map 8c)
C1-9 Zoning District Example
Mixed-Use Building
Use: ZR 32-00
Bulk: 35-00
EXISTING CONDITIONS
Tower on a Base
Lot 1:
Existing 6 Story Tenement:
has an FAR of 4.0 when 12.0
is available as of right.
Lot 2:
Development Site:
Existing one story commercial
building to be demolished.
ZR 35-31, 23-15 &
23-90 (Inclusionary housing)
C1-9 Zoning District Example
DEVELOPMENT POTENTIAL
Tower on a Base
Two Corner lots combined
with a zoning lot merger
in order to take advantage
of one site’s unused FAR
C1-9 Zoning District Example
PERMITTED USES:
Tower on a Base
Commercial
The C1-9 District permits
Commercial Uses an FAR
of 2.0, or up to two floors
with 100% lot coverage.
ZR 33-122
Non-Residential Uses shall
not occupy more than the
two stories in a mixed
building. ZR 32-421
C1-9 Zoning District Example
PERMITTED USES:
Tower on a Base
Community Facility
The C1-9 District permits
Community Facility uses a
maximum FAR of 10.0
ZR 33-123
C1-9 Zoning District Example
PERMITTED USES:
Tower on a Base
Residential
Residential Use may be used
to utilize the remaining FAR,
subject to bulk regulations.
C1-9 Zoning District Example
BULK REGULATIONS
Tower on a Base
• No Maximum Lot Coverage
•No Yards required on corner lots
ZR 23-541
Multiple Dwelling Law requires
each dwelling unit to have
legally required windows.
Legally required windows must
face street or an open area of
the zoning lot 30’ wide.
ZR 23-861
Inner court min area of 1200 SF
with minimum dimension of 30’.
ZR 23-85
C1-9 Zoning District Example
Plan View
HEIGHT & SETBACK:
Tower on a Base
Building Base Regulations
To comply with tower on a
base regulations, the street
wall of the base must be on a
street line & rise between
60’-85’
ZR 35-64 & 23-651 (b)(2)(i)
Where an adjacent building
above 60’ exists, the new
development must match the
height for at least 20’
ZR 35-64 & 23-651 (b)(2)(i)(a)
C1-9 Zoning District Example
HEIGHT & SETBACK:
Tower on a Base
Tower Regulations
Portions of building
exceeding the maximum base
height are subject to tower
regulations.
15’
Street wall must be setback
10’ along wide streets and
15’ along narrow streets.
ZR 23-651 (a)(4)
10’
C1-9 Zoning District Example
HEIGHT & SETBACK:
Special Tower Controls
Tower on a Base
Towers must also conform to a
minimum lot coverage, based on
the lot size.
ZR 23-651 (a)(1)
In addition, this percentage of
lot coverage controls the
percentage of the total building
floor area which must be below
150’. ZR 23-651 (a)(3)
C1-9 Zoning District Example
AXO shows a tower with a lot coverage of 31%
AXO shows 60% of the 12 FAR below 150’
HEIGHT & SETBACK:
Transfer of Development Rights
C1-9 Zoning District Example
AXO shows 48,000 SF of floor area available for TDR
Tower on a Base
Through the zoning lot
merger, the existing tenement
building may Transfer the
Development Rights of
unused floor area to the
adjacent new development.
INCLUSIONARY HOUSING
Tower on a Base
Through the Inclusionary
Housing bonus, developers
may increase their FAR by
20% ZR 23-154
Tower –on-a-base regulations
allow the top 4 stories to
cover less than 30% of the lot
area for articulation.
ZR 23-651 (a)(1)
C1-9 Zoning District Example
INCLUSIONARY HOUSING
R10 Program
How much is Approximately 4-5% of floor area
Affordable? in the building using the bonus.
Tower on a Base
Expanded Program
20% of floor area of the building using
the bonus. (In some special districts,
where higher incomes may be targeted,
the minimum is 20-30%.)
Who Pays?
Proceeds from additional floor
area cover costs of affordable
housing. Only minimal sources of
public subsidy permitted.
Affordable units can be created using
any City, State or Federal subsidy
programs
How
Affordable?
To households earning less than
80% of AMI.
To households earning less than 80% of
AMI. (In some districts, option for a
portion of units to go up to 125% or
175% of AMI.)
C1-9 Zoning District Example
PARKING
Tower on a Base
Accessory off street parking
spaces are not required in
Manhattan Community
Districts 1-8 and cannot
exceed 35% of the Dwelling
Units or 200 spaces,
whichever is less.
ZR 13-11
C1-9 Zoning District Example
DENSITY
Tower on a Base
Density:
To calculate the maximum
number of dwelling units
permitted on a zoning lot,
multiply the Lot Area by the
Max Residential FAR and
divide by the applicable
factor for the zoning district
ZR 23-22
Density =
(20,000sf lot size *12 FAR)
= 240,000 SF
-20,000 SF GF Commercial
-12,000 CF Use
=208,000 SF
208,000/680= 305 units
C1-9 Zoning District Example
GROUND FLOOR
Tower on a Base
Retail Continuity:
50 % of the front building wall
shall be occupied by commercial
uses if the front building wall is
at least 50’ in length.
ZR 32-435
Glazing :
50 % of the total surface area
between the 2’ and 12’ above
curb level shall be transparent.
ZR 37-34
C1-9 Zoning District Example
STREETSCAPE
Tower on a Base
Street Tree Planting at an
interval of one tree per 25’ of
street frontage
ZR 32-435 (26-41)
C1-9 Zoning District Example
EXAMPLES
C1-9 Zoning District Example
Tower on a Base
Mandatory Inclusionary Housing
(MIH)
Overview
MIH Overview
Mandatory Inclusionary Housing program:
•
Citywide framework for creating permanently affordable housing
•
Will be applied through the land use review process when substantial new housing is
allowed by zoning changes
•
Locks in affordability to ensure economic diversity
MIH is designed to:
• Create permanent affordable housing for households at a range of low and moderate
incomes
• Promote vibrant and diverse neighborhoods
• Leverage the private market to further economic diversity
• Leverage City funds and complement other housing programs
• Support feasibility of housing production
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How MIH Works: Several Options
During the public review process, the City Council and the City Planning Commission
(CPC) can choose to impose one or both of two basic options to be available within an
area. Each option is based on the percentage of residential square feet to be
dedicated to permanently affordable housing:
1
25% of housing must serve households with incomes averaging to 60% AMI
2
30% of housing must serve households with incomes avg to 80% AMI
•
•
•
At least 10% of which must be at or below 40% AMI
Up to three income bands, with none exceeding 130% AMI
Up to three income bands, with none exceeding 130% AMI
City Council and CPC may make other options available, but the developer still must
only comply with one of the option requirements:
3 20% of housing must average to 40% AMI
•
•
4
Up to three income bands, with none exceeding 130% AMI
Subsidy is allowed only if more affordable housing is provided
30% of housing must average to 115% AMI
•
•
Not available in Manhattan CDs 1-8
Other Restrictions
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New York City
Department of City Planning
www.nyc.gov/planning