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Zoning Sneak Attack

Victory!!
The Zoning Plan Has Been Withdrawn

2/21/2008

After many concerns and protests by residents, community boards and elected officials across the city, the American Institute of Architects has withdrawn its proposed zoning changes from the City Planning Commission.

We do not know if this is a full capitulation or a regrouping, but we will stay on it and keep everyone informed.

We thank our council members Inez Dickens and Melissa Mark-Viverito for their help and their support. Together, we got our message across, loud and clear! And big thanks also go to Council Member Tony Avella, Chair of the City Council Zoning & Franchises Committee, who held the line for New York's communities.

Read the Letter of Withdrawl

GO TO UPDATE 01/26/08

12/22/07

Despite our new neighborhood zoning having just gone into effect, Mayor Bloomberg’s Planning Commission proposes a backdoor citywide redefinition of the zoning law (a “text amendment”) that will allow developers to increase the value of units within existing limits while circumventing established land use procedures. Community Boards and organizations throughout the city were notified just last week and given only until January 7th to comment on the changes. See update. We must respond quickly and strongly.

The law now requires setbacks of the upper stories of new buildings, letting more light reach the street and creating a less walled-in feeling. In one of many proposed changes, the new law eliminates some setback requirements allowing higher street walls with apartment space shifted from the rear of the building to the more valuable street side.


In the above drawing, a new building, "B," conforms to the current law by setting back at a specified height. The proposed new law allows this building to emulate what many consider to be a design flaw in older buildings such as "A," where there is no setback. As shown in "B1" the new law allows the street wall to rise to the height of building "A1" without a setback because the buildings are adjacent. Only when the new building reaches the roof line of the adjacent old building would a setback be required. This allows the developer to move apartment space from the back of the building, where it looked out on the rear of buildings on the next avenue, to the front where it has a street view. Members of CB7 have noted that if building "C1" is replaced, the new building on that site could also put the setback at the same level as "B1" to which it would be adjacent, and so on down the block.


Another proposal allows some rooftop utility towers (bulkheads) to rise up to four stories above the zoning limit. Developers could then move basement utility functions up to the roof, freeing basement space for saleable uses. Broadway heights could go from our new zoning limit of 14 to 18 stories.


This drawing shows the size restrictions of rooftop bulkheads (left) and the proposed new maximum bulkheadsize for tall buildings (right). Bulkheads could reach four stories above the legal height of the building and increase greatly in width. This a clear violation of the spirit of the zoning law.

That all of this is happening over the holidays with many people away or absorbed in festivities can hardly be a coincidence. What is the City trying to hide by denying the Community Boards adequate time to evaluate these proposals? They are the only public agencies with the expertise and independence to do so. Worse in this process, Community Board opinion would be only advisory. The real fight will be in the City Council.

The amendments come in the guise of a proposal from the NY Chapter of the American Institute of Architects which claims that the only outcome will be “flexibility to encourage variety and design excellence.” In this case, beauty is not truth. More valuable units equal more profits giving developers greater incentive to demolish even larger existing buildings, buildings that tend to have affordable apartments. Surely architects and their developer employers realize this.

For more and clearer drawings, click the AIA link at the left.

"Community Board 7 [Brooklyn - not Manhattan] has found the proposed Text Amendments to be nothing more than a Trojan Horse fashioned by the AIA to benefit its membership's clients -- real estate developers and builders."


 
 

THREE PARKS
FIGHTS BACK

“A Stealth Proposal”, said Paul Graziano, President of the Historic Districts Council, referring to the AIA city-wide zoning text amendment proposal. The AIA’s proposal was developed so secretly that Tony Avella, chair of the Zoning Subcommittee of the City Council, had not been included in any discussions of the proposed changes to the Zoning Law, either by the AIA or by the City Planning Department.

Graziano presented a critique of these zoning changes at a packed January 23rd meeting attended by over a hundred community activists, community board members and elected officials or their representatives from all over the city. Concerns were raised that these proposed changes will undermine decades of community-led efforts to ensure balanced development that preserves open space, light and air.

In addition to our own community’s concerns, many attendees from other boroughs expressed strong disapproval of the AIA amendment that eliminates the requirement of a side yard in areas with detached and semi-attached buildings.

Councilmember Tony Avela announced that he will introduce legislation to overhaul the whole planning process and make it more democratic. He expects to have the details available in about a month.

Update: Fri., Jan. 18th.

The January 16th meeting of the CB7 Land Use Committee was essentially a rehash of the Committee's previous session with two somewhat more prestigious representatives of the American Institute of Architects making the same presentation over again.

The Committee appears to have succeeded in persuading the AIA representatives to make modifications in the proposal. These go in the direction of setting out specific conditions under which the new laws would apply rather than allowing blanket changes. The AIA representatives said they would work on new language and bring it back to the Committee. They would still need to persuade the AIA itself to accept the changes as well as the City Planning Department . Given that the Community Boards have only advisory power in the process, this may be as close as we come to real community input. Fortunately there are AIA members and others on the CB7 Committee who have expertise in this area. Watch this space for further developments.

The meeting was told that Borough President Stringer still has not taken a position. His views, while influential, would be advisory. We expect nothing less from him than a resounding condemnation of the whole rushed and secretive process from which the Borough Presidents have been excluded.

The overall problem here is that there exists within the city a dual standard or process for zoning changes. When we wanted our community down-zoned, we went through the Uniform Land Use Review Process, a long procedure of hearings and agency approvals just to get to the City Council. From start to finish it took two years of organizing. Then, along comes a private organization, the AIA, with a plan to weaken the zoning. They get put on the fast track under a different set of rules with the whole thing over in just a few months. This is wrong. Our Council members must insure that there is one set of rules for everyone.

Update: Mon., Jan. 14th.

Due to community pressure, the situation has become very fluid and is changing rapidly. Staff members of area elected officials report a high volumn of protest calls, e-mails and letters.

We understand that the Institute of Architects is now revising its plan in an attempt to meet some of the community criticism. However, the new version may go directly before the City Planning Commission, bypassing city- wide community review.

Queens Councilmember Tony Avella, Chair of the Zoning and Franchises Committee was joined by his constituents at a City Hall media hit he organized to protest the plan and call on the AIA to withdraw it. See story here

There is now reason to believe that the time extension for review of the proposed changes was granted only to CB7 and is not city-wide. If true, this makes the process even more shabby than it first appeared.

It remains essential that the CB7 Land Use Committee meeting on Jan 16, (see above) reject the proposal outright on procedural grounds and not get involved in sifting through the details.

Update: Wed., Jan. 2nd. 11:00 PM

Community Board 7 met this evening with over 150 of our neighbors present to oppose the zoning changes. A City Planning Commission representative announced that the deadline for Community Board comment was extended for one month whereupon the Board sent the matter back to the Land Use Committee for a second discussion on Wednesday, January 16th at 7:00 PM. (at the Community Board office, 250 West 87th St.)

Borough President Stringer spoke and was non-committal on this issue as was Council Member Brewer. Council Member Dickens' staff person spoke of receiving calls and e-mails but gave no indication of her position. Council Member Mark Viverito was not present.

The Board did not adopt a resolution condemning the City's secrecy and haste surrounding this issue. However, Land Use Committee Co-Chair Asche, indicated that the (already strong) wording in the committee report might be strengthened even further before the resolution comes back to the full Board on Tuesday, February 5, 2008, 7PM.

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