Zoning Archives - CitySignal https://www.citysignal.com/tag/zoning/ NYC Local News, Real Estate Stories & Events Tue, 25 Oct 2022 15:50:27 +0000 en-US hourly 1 https://wordpress.org/?v=6.5.4 The Beef Between Urban Planners and Real Estate Developers in NYC https://www.citysignal.com/the-beef-between-urban-planners-and-real-estate-developers-in-nyc/ Tue, 25 Oct 2022 15:50:27 +0000 https://www.citysignal.com/?p=7579 As Manhattan is overtaken by spacious luxury condos, tensions rise between urban planners and developers in the City. Despite working in similar fields, city planners and real estate investors are often at odds with each other. Planners tend to focus on creating more equitable and inclusive real estate options, while developers naturally aim to make […]

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As Manhattan is overtaken by spacious luxury condos, tensions rise between urban planners and developers in the City.

Despite working in similar fields, city planners and real estate investors are often at odds with each other. Planners tend to focus on creating more equitable and inclusive real estate options, while developers naturally aim to make a return on their investment. 

While not completely contradictory, there are instances where the two priorities cannot coexist. In a place as densely populated as New York City, quality real estate is expensive and scarce, making it harder for planners and developers to work in unison. 

Since commercial development’s ‘post-pandemic’ comeback, competition for land in New York City has done everything but slow down. To add fuel to the fire, the average size of new apartments has shrunk, despite exorbitant demand for housing units

Developers across the country are criticized for their lack of concern for meeting community needs, while planners are denounced for not doing enough to stop them. 

But how much can we blame either side?

When from a legal standpoint, developers aren’t doing anything wrong, and planners are professionally bound to roles of ideation and advisory. 

History of Urban Planning in the U.S.

Urban planners are tasked with the responsibility of developing land use plans to help sustain communities, revitalize metropolitan areas, and accommodate population growth. In their earliest days, planners dealt with the allocation of land in a vastly different manner, focusing on the domestication of forests and management of river dams.

City planning, as we know it today, emerged in the aftermath of the Industrial Revolution. As people started moving into the city, issues of congestion, poor sanitation, and dangerous construction became important to address. Urban planners soon became advocates for the urban poor, many of which were factory workers working in deplorable conditions. 

Many planners openly condemned sweatshops and called for government control of the land upon which factories were built. They also voiced their support for a progressive tax on land values to help fund the social needs of workers, hence property taxes. 

Despite their many efforts to protect the common worker from capitalistic ambitions, power imbalances remained, resulting in a complicated relationship between urban planners and real estate developers, a contradiction which persists until today. 

The contradictory relationship between planners and developers

As employees of government entities, planners are expected to ensure the community’s well-being and present development plans that benefit the general public. Developers, on the other hand, aren’t necessarily obliged to the community or public well-being. They’re instead focused on making a return on their investment, a natural consequence of operating in a free-market economy. 

Despite having competing interests, nothing stops either party from pursuing their objectives. However, problems arise when developers push for local governments to create legal infrastructure needed to support their development plans while fiercely guarding their property rights. 

Government control over land in any capacity is usually not well received among developers. This makes it difficult for planners, who work in the interest of the public, to see eye-to-eye with developers, who expect a return on their investment. The government owes itself to the people, not to developers. But, many developers seem to believe that if it weren’t for their developments, cities wouldn’t prosper

This line of thinking, although not completely flawed, gives way to the pull-push relationship we see between planners and developers today. In theory, planners serve the public, but in practice, planners are bound to developers and their ideas on what kind of development(s) would be favorable to a given community. 

Development often charges forward with little to no regard for public opinion

The term ‘developer’ has almost become synonymous with ‘greedy’ in cities such as New York, where development projects tend to disregard the immediate needs of the communities in which they are built. 

In a piece published by the New Yorker, former community organizer, Nikil Saval states that development projects often require “catastrophic, violent interventions in the lives of the very people that planners are trying to help, limiting the public’s ability to deposit full trust in developers, or even planners, for that matter.” 

Such is the case with the demolition of a 120-year old mansion in Bed-Stuy that left neighbors heartbroken. The historic structure had been a peculiar, yet cherished sight for many Brooklyn residents. Neighbors were in the process of getting the Jacob Dangler House landmarked when the demolition began. 

A lifelong resident of the neighborhood told CBS News, “For them to tear it down, it’s awful.” According to several neighbors protesting the demolition, the mansion had rentable value up until the pandemic. It had also recently become the home of a masonic organization, belonging exclusively to African American and African Caribbean women.

Several Bed-Stuy residents were infuriated to find out that the French gothic-inspired mansion was going to be destroyed in order to build yet another condominium building in the city—especially since the property was not vacant nor was it without value. 

Jacob Dangler Mansion in Bed-Stuy prior to its demolition. Google Street View, July 2019

In a statement to CBS News, a spokesperson from the mayor’s office confirmed that “as the Landmarks Preservation Commission considered this building for potential designation as a landmark, the developer was able to legally obtain demolition permits.’’ This occurred despite continuous efforts from residents and community leaders to delay the work. 

CBS reporter, Hannah Kliger, asked developer Tomer Erlich to comment on the demolition, to which he responded, “No. There’s no point.” When Kliger pressed for Erlich to at least respond to the community’s strong opposition to the demolition he said, “The building department issued a permit, we’re doing our job, and that’s it.” 

Urban planners have tried to make development more equitable, with minimal success

The concept of zoning emerged in the early days of urban planning as the first real attempt to protect communities against the dangers of unregulated real estate development. 

Zoning was intended to counteract racial segregation as much as it was meant to protect the character of existing neighborhoods. In practice, however, zoning remained exclusionary, especially for low-income communities and communities of color. 

Modern-day planners have tried to improve the efficacy of zoning by promoting inclusionary zoning, which allows developers to exceed zoning restrictions and even receive subsidies on their development projects if they reserve a portion of their real estate for ‘affordable’ housing. 

In 2016, Mayor Bill de Blasio implemented the Mandatory Inclusionary Housing program, requiring developers to “build permanently affordable housing in areas zoned for growth to ensure that all of the city’s neighborhoods will be diverse and inclusive.”

Although the mandate marked a significant move in the fight for affordable housing in New York City, the MIH program has been criticized for its lack of efficacy. According to several community leaders, the program allows developers to bypass zoning requirements and push forward projects that provide little to no benefit to local communities. 

Another key criticism of the MIH mandate is the ability developers have to conveniently miscalculate income thresholds, which disproportionately affect black and Latinx New Yorkers. Such was the case with the One45 development in Harlem. 

New York City’s Luxury Development Boom

The New York Times dubbed the 2010s as ‘The Decade Dominated by the Ultraluxury Condo.’ It was during this time that developers started to reshape NYC’s skyline by building towering luxury condos all across Manhattan. 

The 2010s were also categorized by widespread gentrification in Manhattan’s outer boroughs. The pursuit of cheaper land spurred development in places like Brooklyn, Queens and now, even the South Bronx. 

High-rise buildings grace the skyline of Boreum Hill, Brooklyn. Unsplash

Although well-intentioned and, in many cases, deemed necessary, surges in development drive up the cost of living for local residents and ultimately push them out of their own neighborhoods. 

Although COVID halted commercial development in NYC for some time, the industry has made a comeback in the past year, this time with taller towers and fewer units—a trend that has made urban planners especially critical of new development.

Low-density, luxury towers wipe out market-rate housing options

Once they obtain a land’s property rights, developers have the right to tear down whatever was there and build their new project. But, with the MIH program in place, it’s expected that new developments should work to alleviate the housing crisis to some degree. 

According to some urban planners, developers are misusing the last of Manhattan’s valuable sites for new construction—sites upon which multiple units could be built. On the Upper East Side and West Sides of Manhattan, soaring towers are replacing buildings that previously housed more units than the new condominiums going up. 

The Benson, Naftali Group’s first Upper East Side condominium, houses just 15 units. According to zoning calculations, the development site could have supported up to 83 apartments. Units in the 19-story tower are either full-floor apartments or duplexes ranging from $12.75 million for a 1,770 sq.ft. 3-bed to $35 million for a 6,600 sq. ft. penthouse. 

A bedroom in a duplex asking almost $30 million listing in The Benson. Advertised as one of the largest condos in NYC, communal amenities also include a basketball court, fitness center, play room and a spa, to name a few. RealtyHop

The same development group has plans to demolish 128 rental units located on West 84th Street to erect a 210-foot tower with just 45 apartments. The new tower could potentially house more than 220 apartments, given it will nearly triple the height of the current building. 

Similar projects are taking place along Madison Avenue, where developers are building a 13-story building with 11 units and a 210-foot building with 13 units. Zoning analyses reveal that a total of 163 housing units could have been supported between the two towers. 

Lesser rental units are being built despite extraordinary rental demand

In 2021, the New York City Housing Vacancy Survey revealed that two out of three households in the City rented their homes, revealing an exceptional demand for rental apartments. Additionally, a report by REBNY found that NYC would need 560,000 additional housing units by 2030 to keep up with the expected population and job growth.

The New York Times reports that from 2010-2020, the Upper East Side lost more housing units than any other community district in the city. According to the Department of City Planning, this reduction in units was caused mostly by demolitions and the combination of smaller apartments to create larger ones. 

Developers maintain that the cost of land in Manhattan is too high to build anything other than luxury condominiums. They claim that without more favorable zoning regulations or new tax incentives, diverting from high-end residences would be financially disadvantageous. 

Housing proponents counteract developers’ claims by stating that there are steps both the city and state could take to incentivize or simply require developers to do more. 

In an interview with the New York Times, Gale Brewer, who is currently a city councilwoman for the Upper West Side and was formerly Manhattan borough president exclaims that, “the idea that these people can get away without building anything affordable is mind-boggling to me. In a city that’s desperate for housing, all kinds of housing, how can you allow a builder to build fewer units?

How do developers get away with it?

Brewer raises an interesting point. The purpose behind the Mandatory Inclusionary Housing program was to force developers to participate in the fight for affordable housing in the City.

How are they getting away with building sky-high condominium towers housing less than a few dozen apartments when homelessness in New York City has reached the highest levels since the Great Depression?

“It’s a very simple answer: It’s the market demand,” says Miki Nafalti, whose firm is building a variety of high-rise condos with minimal units across Manhattan. Following this line of thinking, developers have the right to pursue the best return on their investment. 

Georgia Janes, an urban planner who has studied a number of the new towers going up, believes that the City suffers from “a scarce resource of floor area that could be used for housing people, and it is being used, essentially, for people who are super wealthy.”

The truth is that many of the development projects mentioned above are being built on sites that are “as of right,” which means they don’t require zoning changes or public review that could potentially require the builder to at least match the number of units previously built on those same sites. Hence, the loopholes to the MIH program mentioned earlier. 

Are Real Estate Developers the Real Urban Planners?

Competing perspectives among developers and planners beg questions of who is at fault, and perhaps more importantly, who controls land development in NYC?

Cincinnati Developer, John Blatchford, believes that although development is guided by local laws, zoning, and building codes, private real estate has more control over urban environments than anybody else and that developers are the ones shaping the way cities look and function. 

He says that in more conservative cities like Houston, “it’s rare that private development companies will have urban planners involved unless it is a really big project, which is not always good.” 

This capitalistic perspective has long been criticized as lining developers’ pockets at the cost of displacement and gentrification, to which developers respond is a natural cause of the free market economy we live in today. 

Author of Capital City: Gentrification and the Real Estate State, Sam Stein, presents the hopeful idea that “although gentrification has become a generalized fact of urban life in the 21st century, we can stop it and build cities that work for all.

Stein centers his book around the contradictory role of the urban planner who operates in a political economy where state powers have turned the devaluation of urban land into a profitable commodity

Stein essentially makes the argument that perhaps neither the developer nor planner is at fault, but rather the state and local powers for fomenting their contradictory relationship.  

He makes the bold claim that to cut the cord between urban planning, commercial development, and gentrification, the city would have to reject the concept of private land ownership—an idea that sends chills down the spines of developers and other faithful capitalists. Is New York ready for that?

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NYC Housing Far Behind Future Requirements, Inefficient Approval Process Part of the Problem https://www.citysignal.com/nyc-land-approval-takes-2-years/ Thu, 15 Sep 2022 13:00:16 +0000 https://www.citysignal.com/?p=7078 NYC Land Use Approval Takes 2.5 Years, Report Finds Covid and public safety stole the national headlines and news coverage when Eric Adams ran for mayor in 2021, but affordable housing was also a main concern among New Yorkers during that election. In 2021, it ranked as the third top issue among NYC Democratic primary […]

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NYC Land Use Approval Takes 2.5 Years, Report Finds

Covid and public safety stole the national headlines and news coverage when Eric Adams ran for mayor in 2021, but affordable housing was also a main concern among New Yorkers during that election. In 2021, it ranked as the third top issue among NYC Democratic primary voters, with 37% citing it as a major problem. Unfortunately, NYC has only become increasingly unaffordable since then. 

Between July 2021 and July 2022, median rents in Manhattan grew nearly 30%, while rents rose 18% in Brooklyn and 10% in Northwest Queens. NYC’s skyrocketing cost of living is partially a consequence of a citywide housing shortage, which forces tenants to compete over a dwindling number of available housing units. For example, as Manhattan rents boomed between July 2021 and July 2022, the apartment vacancy rate in the borough fell from 6.07% to 2.08%. 

Low vacancy rates in NYC point to a clear need for more housing — both market-rate and affordable. A January 2022 report from REBNY concluded that NYC would need to build an additional 560,000 housing units by 2030 to keep up with the expected population and job growth. Unfortunately, the city is not on pace to meet that threshold, and a new report sheds some light on why NYC can’t build housing fast enough to keep up with demand. 

NYC’s Lengthy Land Use Approval Process

A report from NYC’s Citizens Budget Commission (CBC) went in-depth on the problems behind the city’s land use approval process, reviewing the 171 private zoning applications filed between 2014 and 2017. The commission concluded that the median time it took for a zoning application to receive final approval was 2.5 years. On top of that, only 103, or 60 percent, were actually approved after going through the approval process and environmental review. 

To be clear, the 2.5-year process applies to private land use applications for discretionary zoning changes. This happens when developers want to build a project that conflicts with the current zoning of the land it sits on. In that case, they can apply to modify the zoning, often with very minor changes. After the developer goes through the land use application process, they can then apply for a building permit. 

This lengthy land use approval process makes building enough housing in a short period of time quite difficult. The report also found that a two-year delay can increase development costs by 11-16%. That’s around $63,000 per unit in a low-rise multifamily building and $76,000 per unit in a high-rise residential project. Of course, developers pass on a huge portion of the extra development costs to New York’s tenants and homeowners, which only adds to the unaffordability in the Big Apple. 

“If our development process is such that it increases the cost of building every apartment by $67,000, then the housing that we do build is more expensive”, CBC head Andrew Rein told The New York Post

Major Changes that the Citizen Budget Commission Recommends

The CBC report detailed some main ways to improve the land use approval process. A major proposed change relates to limiting or eliminating environmental reviews of certain smaller projects, which is difficult because it involves changing New York law. However, the report noted the importance of this change, concluding that pre-certification and environmental review accounted for about 80% of the zoning approval process. 

New York is one of only seven states that enforce environmental review for discretionary land use actions. It also has one of the longest processes for approvals among cities that have similar requirements, behind only San Francisco. NYC’s approval process, for example, is twice as long as those in Boston or Los Angeles. 

New York’s environmental review law is too broad, as the report argues that high-powered residents often use the statute to unnecessarily block or stall projects. Essentially, it allows wealthy individuals and influential organizations to fight tooth and nail to limit the amount of new housing that goes into their neighborhood, especially affordable housing. 

Another major change would establish an appeals process for zoning changes that the city council rejects. While this change would be tough — it involves amending the city charter — the report touches on how crucial it is. Every member of the City Council can veto both major and minor rezonings in their district, even if it was approved by the City Planning Commission. At this point, there is no appeals process to challenge council members’ decisions. 

The report also proposed that New York State identify regional housing targets and incentivize local governments to streamline project approvals that align with this goal. Local land use decision-making is in the hands of local governments, but the state can establish the terms and standards for local land use review processes. The state can make it easier or faster for local governments to approve projects and provide financial incentives to localities that meet set requirements and standards. 

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Affordable Housing for HIV/AIDS Survivors and their Families at The Lirio Meets Opposition https://www.citysignal.com/affordable-housing-for-hiv-aids-survivors-and-their-families-at-the-lirio-meets-opposition/ Wed, 24 Aug 2022 20:10:06 +0000 https://www.citysignal.com/?p=6896 Located in Hell’s Kitchen in Manhattan, the Lirio offers unique, affordable housing for HIV/AIDS survivors. This area of the city has the highest concentration of residents who have HIV, as well as one of the highest rates of new infections of HIV/AIDS. The project is set to be completed in 2023 but is facing some […]

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Located in Hell’s Kitchen in Manhattan, the Lirio offers unique, affordable housing for HIV/AIDS survivors. This area of the city has the highest concentration of residents who have HIV, as well as one of the highest rates of new infections of HIV/AIDS. The project is set to be completed in 2023 but is facing some opposition from neighborhood leaders.

About The Lirio

Named for the oldest living thing in New York City, the liriodendron tree, the Lirio will feature 112 affordable homes, 59 of which offer support services for long-term survivors of HIV/AIDS or those with mental illness or substance abuse disorder. It will also include 44 permanently affordable homes for families and eight for formerly homeless people. The affordable homes are intended for families with household incomes from 40-80 percent of the area median income (AMI).  Designed by the award-winning architecture firm, CetraRuddy, the Lirio is aimed at Passive House standards for energy efficiency.

Developed by the real estate firm Hudson Companies, Inc. and Housing Works, a non-profit organization that fights AIDS and homelessness, the project will be located at 806 Ninth Avenue at 54th Street, at the site of a current MTA parking lot.

Maria Torres-Springer, Deputy Mayor for Economic and Workforce Development stated that “The Lirio is a critical project to help address affordable housing needs in Hell’s Kitchen and support long-term survivors of HIV/AIDS—and a great example of how we make New York a ‘City of Yes’ for everyone.” The housing aims to meet the needs of the community by providing much-needed services.

Amenities at The Lirio

In addition to important services for those who need them, The Lirio will have approximately 30,000 square feet of office space for the MTA and around 9,000 square feet of retail space. It will also include sustainable features such as solar power, green roofs, high-performance building envelope, and VRF HVAC.

Pushback from the Surrounding Community

Those in the support of the project, such as HIV/AIDS advocates and survivors, say that such a facility is needed in the area and would greatly benefit those in the community who have suffered. Supportive housing like this is necessary to help individuals with HIV/AIDS to maintain their medical needs.

But not everyone is in agreement that this is a good move for the area. Some residents are pushing back against it and say the units are too affordable and want to maintain the neighborhood’s character. Members of Community Board 4 voted against the project in March, claiming it should be reserved for middle-income families. This is an unusual move for Community Board 4, which normally votes to support the construction of new housing units.

Those against the project have been vocal for the need for more middle-class housing. Real estate rents have gone up more than 30 percent from the year prior, according to data provided by RentHop. Currently, the median 1 bedroom rent in Hell’s Kitchen sits at about $4,295.

Richard Marans, a founder of the West 47/48th Block Association, stated during a March 2 meeting that “We don’t want a neighborhood that is all poor and all rich.” With rising rents, it has been difficult for middle-class families to be able to afford to live in this neighborhood.

The community board wrote a letter to city officials giving several options for approval, including changing the building’s façade to match those along Ninth Avenue as well as increasing the affordability bracket so the building has up to 25 percent of the units at 80 percent of the AMI and the rest between 80 and 165 percent.

Using information from the city for other affordable housing residences, one-bedroom units would then rent for $2,002 at 80 percent of the AMI. At 165 percent of the AMI, one-bedrooms could go for $4,129 per month.

In Hell’s Kitchen, the median household income is $90,422, according to data from the census. That means the maximum rent a household should pay is $2,250, about half of the 165 percent AMI percentage that some of the Community Board 4 members want.

Project Supporters Push Back

While these concerns are not unfounded, and the area does also need more middle-income housing, supporters feel that it should not be at the cost of providing supportive housing for those with HIV/AIDS. Residents can support the project and still campaign for more affordable housing for the middle class, supporters argue, particularly because this neighborhood could benefit greatly from this type of housing. Zoning

Proponents also feel that supportive housing would be a big improvement over the current parking lot. They claim that there is space available for mixed-income housing down the road in the area which should not affect the approval of The Lirio.

Next Steps for The Lirio

Before being allowed to break ground on the Lirio, its developers must win a rezoning through the Uniform Land Use Review Procedure, which involves the community board, the Manhattan Borough President, and the City Planning Commission. It also requires the approval of the local city council member for Hell’s Kitchen, Erik Bottcher.

Whether or not the Lirio receives approval to move forward, the issue brings to light the need for lower-income/supportive housing as well as middle-income housing in many New York City neighborhoods. While this is a goal of the current NYC mayor and administration, rising rents have affected New Yorkers faster than enough affordable housing can be created.

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