Technical Memorandum: Land Use Study

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1 2. Development Density The Lower East Side covers a large area, and so it is reasonable that it represents more than a third of all buildable surface area in the study area (Table 1). Looking at existing commercial floor area, however, over 40 percent of it is in TriBeCa/Civic Center (where medium and highbulk buildings are typical), and about 30 percent of it is in SoHo. Nearly half of all residential units in the study area (46 percent) are located on the Lower East Side which is defined by multiple housing projects and dense blocks of tenement buildings, and about 29 percent of the residential units are found in SoHo and TriBeCa/Civic Center combined. Although TriBeCa/Civic Center contains 13 percent of the residential units in the study area, it accounts for 22 percent of the total residential space, reflecting typically larger dwelling units. The largest amount of office space is found in TriBeCa/Civic Center (56 percent), followed by SoHo with 29 percent. SoHo features the largest amount of retail space in the area (33 percent), followed by TriBeCa/Civic Center (25 percent). 3. Zoning Zoning districts generally correspond to the land uses present throughout the study area. Residential zoning, which typically allows only residential uses, is common only in the easternmost portion of the study area. Commercial zones, which allow a more liberal mix of uses, can be found throughout the study area, and not only where there are heavy concentrations of retail establishments or offices. Maximum floor area ratios 1 (FARs) are generally higher in commercial zones than others (Table 2). With some restrictions, commercial zones typically allow for retail and offices uses as well as residential uses, community facilities, and recreational uses. Similarly, manufacturing zones may allow community facilities, limited retail and office uses, as well as manufacturing uses. While the manufacturing zoning in SoHo (M1-5A and M1-5B) allows joint living-work units for artists, it restricts certain retail uses. Some discrepancies between zoning and land uses do exist, however. For example, although residential uses are present throughout the study area, there are only a few designated residential zones (Figure 3). This is in part due to the presence of housing prior to current zoning designations, which took effect in 1961 and allowed many existing uses to remain though not permitted as-of-right if newly constructed. 1 The Floor Area of a building is the sum of the gross area of each floor of the building excluding cellar space, floor space in open balconies, elevator or stair bulkheads and in most zoning districts, floor space used for accessory parking that is located less than 23 feet above the curb level. The Floor Area Ratio is the total floor area on a zoning lot divided by the lot area of that zoning lot. Each zoning district classification contains an FAR control which, when multiplied by the lot area of the zoning lot, produces the maximum floor area allowable on such lot. 6

2 Neighborhood Total Buildable Lot Area (surface)* TABLE 1 RESIDENTIAL AND NON-RESIDENTIAL DEVELOPMENT (2005) Total Garage Building Commercial Residential Office Retail Floor Floor Area Floor Area Floor Area Floor Area Floor Area Area Technical Memorandum: Land Use Study Storage Floor Area Factory Floor Area Other Floor Area Number of Residential Units Subtotal SoHo 5,901,228 32,376,591 23,151,196 9,202,814 11,657,609 3,672, ,296 5,300, ,829 1,831,282 9, percent of total Subtotal TriBeCa and Civic Center 6,175,820 43,472,738 31,367,309 12,105,429 22,397,149 2,753, ,820 3,332,091 6,283 2,374,384 7, percent of total Little Italy 1,252,408 5,068,990 2,511,075 2,557, , ,901 87, ,575 78, ,635 3, percent of total Subtotal Chinatown and Two Bridges 5,212,491 19,965,029 12,495,115 7,469,914 4,954,556 1,833, ,941 1,142,384 37,493 4,199,673 11, percent of total Subtotal Lower East Side 10,454,417 32,148,593 7,785,039 24,363, ,788 2,059, , ,718 69,050 4,076,242 27, percent of total TOTAL FOR STUDY AREA 28,996, ,031,941 77,309,734 55,699,626 40,028,343 11,199,084 1,711,689 11,090, ,799 12,851,216 59,818 Source: NYCDCP, PLUTO File, December * Excludes Parks and Transportation/Utility uses. TABLE 2 GENERAL ZONING DISTRICT CHARACTERISTICS Maximum FAR Community Maximum # of Dwelling Units per Acre Zoning District Residential Facility Commercial Manufacturing R R R C C C C C C C M M1-5 * * M M *M1-5A and M1-5B districts allow joint living-work quarters for artists. 7

3 FIGURE 3: ZONING 8

4 The eastern half of the Lower East Side, where housing projects have been developed, is zoned for (medium density) residential development (R7-2). R7-2 residential zoning also covers the southeastern portion of Chinatown (Two Bridges) between the Manhattan Bridge to the north and the Brooklyn Bridge to the south. R7 zoning allows for a maximum FAR of 0.87 to 3.44 and up to 220 dwelling units per acre; it typically produces 14-story buildings with low lot coverage that are set back from the street or alternatively as 5-story buildings built to the street line. Highdensity residential zoning (R8) can be found around Grand Street and Clinton Street on the western edge of the Lower East Side, abutting the commercial zoning of Chinatown to the west. R8 districts allow an FAR of 0.94 to 6.02 approximately two-thirds greater than that allowed in R7 and allow up to 354 dwelling units per acre. The higher FAR produces taller buildings, also with low lot coverage that are set back from the street. Alternatively, this zoning can produce contextual buildings built to the street line. Two other residentially-zoned areas (R6 and R7-2) are found near the western portion of SoHo (Hudson Square). An R7-2 district extends across Houston Street for about four blocks on both sides of Avenue of the Americas, to almost Broome Street on the south, and Thompson Street. An adjacent R6 district extends just east of Varick/Seventh Avenue and south to Vandam Street. This district permits an FAR of 2.43 and 156 dwelling units per acre. Although there are industrial and warehousing uses throughout the study area, designated manufacturing zones are more limited. Light manufacturing zoning (generally M1-5, M1-5A and M1-5B as well as M1-6) characterizes SoHo and the northern portion of TriBeCa. Strict performance standards are common to all M1 districts, though nearly all industry uses could be located in M1 districts, so long as they meet these standards. Commercial uses in the upper floors and ground floor retail are permitted in portions of SoHo. M1-5A and M1-5B districts, which comprise about half of the manufacturing zoning in SoHo, allow artists who qualify to establish joint living-work quarters in lofts. In this case, zoning has been updated to reflect and allow for recent trends toward establishing residences in manufacturing areas where residential uses were not previously allowed as-of-right. Within this area, residential buildings are allowed by special permit by the City Planning Commission (CPC). Most of the Hudson Square area is zoned M1-6, appropriate to the commercial and industrial uses located there, with an FAR of 10. Some M1-4 and M1-6 zoning also applies to the southernmost stretch of waterfront in the Lower East Side and a small area along the FDR in the Two Bridges neighborhood, respectively. A small M2-4 district covers the area between Houston and Canal Street between Greenwich Street and the highway. The remainder of the study area, i.e., the central portion of the study area, Little Italy, Chinatown, TriBeCa and the Civic Center, and the western area of the Lower East Side is zoned for commercial uses, mostly General Central Commercial District zoning (C6). Most of the C6 zones in the study area allow a maximum FAR of 6.0. C6-4 and C6-5 zones can be found along the southern edge of TriBeCa and northwest of City Hall along the western edge of Chinatown, and also on the Lower East Side, along South Street north of the Manhattan Bridge. These zones high bulk office districts allow maximum FARs of 10.0 (12.0 with a bonus). In 1998, the Lower Manhattan Mixed Use District (which covered approximately 62 blocks south of Canal Street) was renamed the Special TriBeCa Mixed Use District (TMU). As in other special districts around the City, this designation was applied in addition to the standard zoning (e.g., M1-5, C5-3, etc.) as a way of further directing development to meet public policy goals for 9

5 the area. Like the M1-5A and M1-5B zoning, the TMU allows certain older manufacturing lofts to be converted to special loft dwellings and joint living-work quarters for artists. Additionally, the district allows certain large retail facilities (exceeding 20,000 square feet of floor area) by permit from the, CPC in the northern portion of the zone, between Beach Street to the south and Canal Street to the north, Broadway on the east and Miller Highway on the west. The Special Little Italy District (LI) is another special district found within the study area. It is aimed at protecting the district s existing character through bulk and use provisions unique to the district, storefront design controls, and protection against the demolition of characteristic buildings that contribute to the vibrant street life for which Little Italy is known. RECENT ZONING ACTIONS Recent zoning changes in and around the study area have primarily been related to residential conversions in former industrial and commercial buildings, as well as special permits that have allowed residential and mixed use construction in areas, such as SoHo and TriBeCa. These recent actions include the conversion of an eight-story loft building to contain 90 dwelling units at 45 Greenwich Street in TriBeCa and the construction of several new residential buildings and hotels south of Houston Street. As a result, these formerly industrial areas have been transformed into increasingly residential neighborhoods in the last several decades. NYCDCP is currently studying a zoning proposal for northern TriBeCA which would cover an area south of Canal Street from West Street to Broadway. The details of this proposal are under discussion, but the basic premise is to re-zone the area to allow residential development that has been occurring in a piecemeal fashion (through special permits) in the last few years while maintaining consistency with existing neighborhood scale and density. North of the study area, NYCDCP recently rezoned a 14-block area of the far western part of Greenwich Village (Far West Village Zoning), two blocks north of Houston Street along West Street. The rezoning allows for the continued development of residential buildings and neighborhood-oriented retail, at densities and heights consistent with the existing scale of the neighborhood. It changed much of the area's zoning to contextual zoning. 1 This rezoning proceeded in tandem with Landmarks Preservation Commission efforts to expand the Greenwich Village Historic District which is aimed at protecting the character of the lower and medium density residential neighborhood. The Hudson Square Rezoning is another recent rezoning (2003) in the vicinity of the study area. It too is a response to land use changes, increasing development pressure, and a growing number of Board of Standards Appeals variance applications to allow residential use. This rezoning applies to approximately 34 blocks bounded by the Route 9A on the west, Morton and Barrow Streets on the north, Avenue of the Americas and Hudson Street on the east, and Canal Street on the south. Many of the large loft buildings in the area at one time housed printing, manufacturing, and commercial uses, and a number of significant industrial uses remain today. The purpose of the rezoning was to preserve the existing built character and retain manufacturing 1 Contextual zoning regulates height, placement and scale of new buildings so that they fit the character of the neighborhoods in which they are located. 10

6 and commercial uses within Hudson Square while providing opportunities for new housing development. Community Board 3, which covers the eastern portion of the study area, has recently passed a resolution calling for the contextual rezoning of the entire area between Grand Street and East 13 th Street east of the Bowery, excluding the Urban Renewal Areas to the east. The rezoning would ensure that all new development would be in context with the existing built context of the area. HISTORIC DISTRICTS AND RESOURCES The study area features a rich inventory of individual historic resources, including locally important City-designated landmarks such as historic houses, buildings, and monumental architecture. Development actions proposed in proximity to any of these resources may be subject to certain restrictions. The designation of historic districts, however, is another way that the City manages development throughout broader areas. Historic districts provide a means for the City to guide development according to guidelines carefully tailored to protecting the integrity of important historic architectural resources that characterize particular neighborhoods. Historic district designations also can be applied to protect archaeological resources. Six locally and nationally significant historic districts cover substantial areas of SoHo and TriBeCa/Civic Center. The study area includes all four of the TriBeCa Historic Districts (TriBeCa South, TriBeCa East, TriBeCa West, and TriBeCa North), which cover more than 30 blocks in TriBeCa. TriBeCa became New York City s first residential neighborhood in the early 1800s. The residential development was followed by commercial development. The TriBeCa historic districts are designated to protect the late-19 th Century commercial and industrial architecture that characterizes TriBeCa today. Marble and iron are common façade materials, and many facades are designed in Renaissance and Romanesque Revival styles. The large SoHo Cast Iron Historic District is located between Houston and Canal Streets, roughly between West Broadway and Crosby Street. This is a commercial district developed in the mid- to late 19 th century as the City s center of wholesale dry goods trade. The district contains the world s largest collection of buildings with cast iron fronts a popular design at that time. In recent decades, it has become a world-known art center and locale for upscale shopping. The African Burial Ground and the Commons Historic District is found in the southern part of the study area in the Civic Center. It incorporates land associated with the Commons laid out by the Dutch government in colonial New Amsterdam as well as the site of the 18 th -century African Burial Ground. The area east of Broadway, south of Chambers Street and west of Park Row, which includes City Hall and surrounding parkland, was originally part of the Commons. The area north of Chambers Street and south of Duane Street, between Broadway and Center Street is an extant portion of the African Burial Ground. OTHER APPLICABLE POLICIES AND PLANS In addition to zoning and historic resource policies, development within the study area neighborhoods is also guided by several other plans and policies. The study area includes portions of Community Districts 1, 2, and 3, each of which prepares an annual Community 11

7 District Needs Statement, outlining development concerns and policy initiatives. The City has also developed waterfront plans. A review of these plans and policies as they apply to the study area and transportation concerns and the Canal Street Corridor, in particular, informs the overall assessment of development trends and potential. Community District 1 includes TriBeCa and the Civic Center, as well as Battery Park City, the Financial District, and the Seaport (outside the study area). As stated in the Community District Needs Statement issued by CB1 (FY04), new community facilities and services are seen as a means to attract and retain residents and businesses and make lower Manhattan a more attractive place to live, work and visit. The Hudson River Park is a major new open space, along the Hudson River waterfront of the study area; another new park on Canal Street at Laight Street is slated for construction with the nearby park at Canal Street and West Street having been recently completed. The East River Waterfront Plan developed by CB1 and the Downtown Alliance is reflected in the NYCDCP East River Waterfront Study (June 2005), which calls for the renovation of the waterfront and areas beneath the FDR Drive to create extensive public open space. Major transportation capital improvements are mentioned in the Statement are the Fulton Transit Hub and the Second Avenue Subway. New residential development is highly encouraged by the Community Board. Community District 2 includes SoHo, within the study area, and also Greenwich Village and NoHo to the north. As stated in the Community District Needs Statement (FY04), CB2 seeks to create more residential development. Major new apartment projects along the north and south sides of East Houston Street, and east of Broadway are proposed that would house hundreds of new residents. To support the new influx of residents and workers in the area CB 2 recommends the development of more park and open space. The Statement points out the high demand for community services such as day-care facilities, social service facilities, and public new high schools and elementary school expansions. The Community Board anticipates major expansions at the New School and Cooper Union campuses, which would lead to future growth in student and residential populations north of the study area. Community District 3 includes the Lower East Side and Chinatown, both within the study area, and also the East Village to the north. As stated in the Community District Needs Statement (FY04) the community is looking to attract affordable housing. Rent increases in the Lower East Side and the East Village are causing the Community Board to seek government funding for urban renewal projects for mixed-income housing and community based commercial development, such as the Seward Park Urban Renewal Area. CB3 highlights the need for infrastructure and transportation improvements in the area. NYCDOT has studied the long-term transportation needs of the communities on the East Side and recommended modifications to the current bus service. Changes CB3 supports include the return of the Grand Street cross-town bus and the resumption of service on the M-15 City Hall bus via Worth Street. The Board also states its need for additional parking in its district and is working to identify locations for new parking. Also applicable to the study area, on its western and eastern edges, is the Plan for the Manhattan Waterfront (1993) Reach 2 extends from the Brooklyn Bridge on the east side of the island to the northern end of Battery Park City on the west. It is located completely within Community 12

8 District 1. The major issues in the Reach involve the public waterfront, and these have been largely addressed by the development of the Hudson River Park, which is complete for the extent of the study area. 13

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