The buildings will block the waterfront views from the sidewalk as well as surrounding streets which is contrary to the new NYC waterfront revitalization program written by our Department of City Planning.
Additionally the plan will destroy a substantial natural buffer that cleanses our air; because of the substantial air pollution caused by the adjacent S.I. Ferry terminal there is a dire need to preserve this green open space. Private construction this historic site will have a substantial negative impact on the public’s use and access to the waterfront as well as the to the air quality of the surrounding communities.
There a numerous additional concerns which the New Waterfront Revitalization Program’s policies address which make this project an unacceptable use of our publicly owned waterfront property.
The policies were adopted by the City Council on April 22, 2009.
The text changes are now in effect.
Introduction
The Department of City Planning (DCP) is proposing a text amendment to the Waterfront Zoning provisions of the Zoning Resolution, primarily to the Public Access Area design regulations. This initiative will ensure the development of inviting and high quality publicly accessible spaces on waterfront properties, thereby improving the public’s enjoyment of the waterfront. The proposed changes will generally apply to new residential and commercial developments in medium and high density zoning districts, and to commercial and community facility developments in lower density residential and manufacturing districts along the waterfront.
Why is this text amendment needed?
Since 1993, the Zoning Resolution has included special regulations for waterfront properties, which require new developments, except for industrial, low-density residential and City infrastructure, to build and maintain waterfront public access areas. In recent years, as a result of DCP initiatives (e.g., Greenpoint-Williamsburg) and other private waterfront redevelopment projects, these rules have successfully produced public waterfront access areas in the City. However, it has become apparent that current regulations impose design constraints and limitations.
This initiative seeks to update these design requirements in order to:
* Ensure that waterfront public access areas are inviting to the public;
* Facilitate high quality design elements including multiple types of seating;
* Ensure uninterrupted waterfront access that is clearly open to the public;
* Promote the greening of the waterfront with a variety of plant materials that provide aesthetic and ecological benefits, including trees, shrubs, and groundcover;
* Facilitate a wide variety of amenities, including access to water, boat launches and anchorages, and play areas;
* Encourage a variety of landscape design, including edge treatments; and
* Activate waterfront spaces by improving connections between the water’s edge and the upland streets.
What do the changes entail?
The proposed text would replace the existing four design prototypes for shore public walkways and three existing prototypes for supplemental public access areas with a single set of flexible requirements, and would modify existing Waterfront Access Plans (WAP’s) and regulations for certain Special Zoning districts on the waterfront to be consistent with the new standards. The proposal amends the existing waterfront public access regulations for shore public walkways, supplemental areas, upland connections and visual corridors, and deals with the following design aspects:
* Configuration and dimensions of upland connections and supplemental public access areas
* Grade changes at the vehicular pedestrian transition areas
* Circulation and access
* Lighting
* Planting and trees
* Permitted obstructions
* Barriers (guardrails, fences, gates and bollards)
* Seating
* Signage
* Paving
The proposal would not change the amount of public access required by existing regulations, but would improve the quality of such spaces.
Other proposed modifications include:
* Clarifying that Gowanus Canal, Dutch Kills and Bronx River up to East 172nd street are subject to waterfront regulations.
* Increasing hours of access, and expanding the opportunity for the transfer of public access areas from private owners to the Department of Parks and Recreation.
* Removing the reduced design requirements for commercial developments under 1.0 FAR in M1 districts and making them subject to the regular requirements.
* Permitting commercial uses to be located along waterfront public access areas regardless of the underlying zoning, if any portion of the zoning lot is within a commercial district.
* Modifying certain height and setback regulations for towers in medium and high density districts to allow for more design flexibility.
* Clarifying the provisions relating to subdivisions of waterfront zoning lots in order to assure future public access.
* Amending the provisions for authorizations to modify the public access and view corridor requirements to recognize a broader range of site constraints.
* Amending provisions for special permits to modify bulk regulations in order to facilitate better site planning in relation to waterfront access and the surrounding neighborhood.
Public Review
On December 15, 2008, the City Planning Commission referred the proposed text amendment (N 090239 ZRY) to waterfront community boards, and all borough boards and borough presidents for review and comment. Comments are to be submitted by February 23rd, 2009.
The City Planning Commission held a public hearing on March 4th, 2009 on the proposal.
On April 1, 2009, the City Planning Commission approved the text amendment with modifications*. Read the PDF Document modified text amendment. Read the PDF Document CPC Report.
On April 22, 2009, the City Council adopted the Waterfront Text Amendment.
The zoning changes are now in effect.
*CPC Modifications
In response to issues raised during the public review, the Commission approved the zoning text amendment with the following modifications:
1. Consolidate all waterfront public access requirements in consecutive Sections in the Chapter.
2. Modify the proposed minimum required hours of operation: * in residential and community facility developments in R6 and higher: 6 A.M. to 10 P.M., between April 15 and October 31; and 7A.M. to 8 P.M. between November 1 and April 14;
* in predominantly community facility developments in lower density districts: dawn to dusk;
* in predominantly commercial developments: dawn to dusk or business closing, whichever is later. However, when the business closing is later than the required hours of operation for residential developments, the waterfront public access area would not be required to remain open beyond the hours required for residential developments.
* Dawn and dusk have been defined as half-hour before sunrise and half-hour after sunset, respectively.
3. No “transition area” would be required for upland connections within a private drive when the waterfront zoning lot is less than 255 feet in depth and less than 260 feet in width. However, at least 10 feet must be provided between the vehicular roadbed and the public access area. In addition, no transition areas will be required when a private loop road turns within 15 feet of a shore public walkway. Only 80 percent of a supplemental public access area would be subject to the minimum width to depth ratio requirements. Clarify language on the permitted averaging of minimum dimensions.
4. “Shaded seating” has been defined as any seating located on the eastern side and within 45 feet of a shade structure or trunk of a canopy tree. References to restrictions on shade from building walls have been eliminated.
5. Tables required in relation to “social seating” have been reduced by half, from four square feet to two square feet of tables for every 3 linear feet of social seating. Furthermore, the requirement will be waived if less than 10 square feet, and a cap was established, such that no more than 150 square feet of tables would be required.
6. The screening buffer requirement is waived when a community facility use adjoins the waterfront public access area, if the same transparency requirements proposed for commercial uses are met. Furthermore, the proposed text was modified to allow this screening buffer waiver when building walls are within 15 feet of the boundary of a waterfront public access area, if the same transparency requirements are met, and the resulting area is visually and physically connected to the waterfront public access area for at least the same length as the portion of the building wall complying with the minimum transparency requirements.
7. Clarify that not all waterfront public access areas will require a photometric analysis to demonstrate compliance with the proposed lighting standards.
8. Bicycle parking would be allowed to be located outside the waterfront public access area beyond the boundaries of the private property, on an adjacent public sidewalk.
In addition to the modifications made in response to comments made during the public review, the Commission approved the zoning text amendment with the following modifications:
1. Clarify the provisions affecting design changes for projects that have been granted a previous certification by the Chair of the City Planning Commission. To be deemed acceptable, such changes to the certified plan must not represent an increase in the degree of non-compliance with the standards of this proposal.
2. Clarify that zoning lots, other than waterfront zoning lots, are subject to underlying district yard regulations.
3. Modify the ground floor streetscape provisions applicable in medium and high density districts on waterfront blocks. Add a requirement for architectural articulation of any portion of a blank building wall with a length greater than 30 feet and higher than four feet, measured from the finished level of the adjacent sidewalk.
4. Clarify that zoning lots providing public access, when adjacent to another zoning lot which has not yet been improved with public access, must located the main circulation path of a shore public walkway within 30 feet of the shoreline at its termination at the common zoning lot line.
5. Clarify that portions of the main circulation path as well as seating, planting, trees and other required amenities generated by shore public walkways and supplemental public access areas may be distributed among those areas, and do not need to be distributed proportionally, unless specified otherwise.
6. Under the proposed text amendment, when a supplemental public access area is required, and such area is greater than 1,875 square feet, 25 percent of the required planting area must be provided as lawn. Clarify that the 25 percent applies to the amount of planted area generated by the combined area of the shore public walkway and the supplemental.
7. Correct language inadvertently deleted, in relation to the transfer of public access area within the Greenpoint-Williamsburg WAP from the private developer to the City.
8. For waterfront public access areas that will be transferred to the Department of Parks and Recreation, clarify that the provisions governing maintenance, security and indemnification and defense do not apply in the case of property transferred to the City.
9. Correct language inadvertently deleted which allows the modification, by authorization of the CPC, of the permitted obstructions within a visual corridor.
10. Clarify the provisions affecting applicability of waterfront bulk regulations in the Special Mixed Use Districts where such districts are mapped within a waterfront block.
11. Clarify multiple cross references throughout the Chapter and the Resolution as a result of the reorganization and resulting renumbering of Sections within this Chapter.
Please read the following text from the New Waterfront Revitalization Program
Policy 8:
Provide public access to and along New York City’s coastal waters.
The intent of Policy 8 is to provide both physical and visual public access in a manner that balances the interests of public and private waterfront use. The public access provisions of the city’s waterfront zoning regulations, adopted in 1993, implement this policy for actions subject to zoning.
These zoning regulations establish public access requirements for most new residential and commercial development including:
Standards for the size and configuration of shorefront public open spaces; requirements for visual and physical connections to the upland; and design guidelines for the treatment of public spaces. Access is not required where it would be incompatible with the principal use of the site, or would be inappropriate for the scale of development. The regulations provide for adoption of Waterfront Access Plans to tailor the requirements to local conditions. Compliance with the requirements of the zoning text will satisfy this policy. If the project is not subject to zoning, the standards of the zoning resolution should be used as a guideline for the design of public access.
Although waterfront zoning regulations do not require public access in connection with industrial development, there are often appropriate opportunities for physical or visual access along the working waterfront. Where there is no risk to public health and safety or to industrial operations, this policy would encourage public parks, public piers and bikeway routes along the industrial waterfront.
This policy also presents standards for public lands, public facilities contiguous to the shoreline and lands underwater (public trust lands). These standards are intended to preserve existing access to the shoreline provided by facilities such as public parks, beaches, marinas, piers, streets, highways, and existing easements on privately-owned land and to encourage public access improvements as a component of public projects.
8.1 Preserve, protect and maintain existing physical, visual and recreational access to the waterfront.
A. Protect and maintain infrastructure, including roadways and shoreline protection structures, which support public access and recreation facilities.
B. Maintain in good repair existing public access areas to ensure public safety and enhance enjoyment.
8.2 Incorporate public access into new public and private development where compatible with proposed land use and coastal location.
A. Encourage the development and maintenance of high quality public spaces in appropriate locations, particularly those that would facilitate connection of existing waterfront public access spaces and allow continuous access along the shore. The requirements of the New York City Zoning Resolution should guide the location and quality of public access areas.
B. In SNWAs and Recognized Ecological Complexes, provide public access and recreation compatible with preservation of natural resources. To minimize adverse environmental impacts and avoid habitat impairment, use methods and structures including but not limited to: boardwalks, catwalks, nature trails with permeable surfaces, and barriers to vehicles such as bollards and berms. Protection of the natural resource may take priority over public access, if both cannot be accommodated on the project site. Where physical access cannot be accommodated, provide visual access to coastal resources.
C. When public access cannot be included as a component of a public project, site and design the project in a manner that does not preclude the future development of public access.
D. Encourage development of public access in industrially zoned areas where compatible and appropriate.
8.3 Provide visual access to coastal lands, waters and open space where physically practical.
A. Preserve existing visual access in the development of waterfront public lands and facilities. Minimize reduction of existing visual access caused by the scale, design, and location of public projects in areas such as streets, parks, bridges and highways. Preserve visual corridors provided or defined by mapped streets (open or improved) that terminate at the shoreline or within the waterfront block.
B. The requirements of the NYC Zoning Resolution should guide the location and amount of visual access provided.
8.4 Preserve and develop waterfront open space and recreation on publicly owned land at suitable locations.
A. When acquiring waterfront property for public access and open space, give priority to locations identified in published plans including, but not limited to: State Open Space Acquisition Plan Priority Sites; New York City Greenway Priority Routes; and adopted Waterfront Access Plans, or a location which meet one or more of the following criteria:
• Sites with potential for waterfront-enhancing, water-related or water- dependent uses or recreation (passive or active, along the shore, on piers or in the water);
• Sites within proposed greenway and blueway (boating) routes that would link public waterfront access points, the foreshore, nearshore surface waters, and public parks and open spaces;
• Sites within a waterfront community district with less than New York City median of 1.5 acres of open space per 1000 population;
• Sites that would enhance natural resources and habitats;
• Sites that would improve access to public lands, buffer public lands from incompatible uses, or consolidate or connect existing public lands;
• Sites listed as local Historic Landmarks or listed on the State and National Register of Historic Places;
• Sites with scenic resource value as identified in local special district regulations; or
• an Urban Cultural Park site.
8.5 Preserve the public interest in and use of lands and waters held in public trust by the state and city.
A. Limit grants, easements, permits or lesser interest in lands underwater to those instances where there would be no overall adverse effect on the public interest in public trust lands.
B. Limit the transfer of interest in public trust lands to the minimum necessary.
C. Require documentation of ownership, riparian interest, or other legal right where such interests or rights are not readily apparent prior to approving private use of public trust lands under water.
D. Limit grants in fee of underwater lands to exceptional circumstances.
E. Retain a public interest in the transfer of interest in underwater lands which will be adequate to preserve appropriate public access, recreational opportunities, and other public trust purposes.
F. Avoid substantial loss of public interest in public trust lands by the cumulative impact of individual conveyances.
G. Re-establish public trust interests where appropriate in existing grants not used in accordance with the terms of the grant or the public trust doctrine.
H. Minimize interference with public trust rights to the extent practicable, when exercising riparian interests. Provide mitigation to the extent appropriate where public access would be substantially impeded by the proposed activity.
Policy 9:
Protect scenic resources that contribute to the visual quality of the New York City coastal area.
The intent of Policy 9 is to prevent the impairment of natural and manmade scenic resources in the coastal area.
High quality coastal landscapes may consist of waterbodies, landforms, vegetation and components of the built environment such as buildings, highways, bridges, piers, and other structures. In New York City, visual quality and scenic resources are recognized and protected through historic preservation, natural resources protection, parks and open space planning and acquisition, zoning special districts, waterfront zoning controls on over water development, and urban design standards that shape new development.
9.1 Protect and improve visual quality associated with New York City’s urban context and the historic and working waterfront.
A. Ensure that new buildings and other structures are compatible with and add interest to existing scenic elements, such as landmarks, maritime industry, recreational boating facilities, natural features, topography, landforms and the botanic environment. Among the measures that may be considered are grouping or orienting structures to preserve open space and maximize views to and from the coast, and incorporating sound existing structures into development where harmonious with their surroundings.
B. Where feasible and practical, provide views of visually interesting elements of water dependent uses.
C. New development should be compatible with the scenic elements defining the character of the area. The New York City Zoning Resolution provides standards for waterfront landscaping.
D. Preserve existing vegetation or establish new vegetation where necessary to enhance scenic quality.
E. Minimize introduction of uses that would be discordant with existing scenic elements, and screen unattractive aspects of uses that detract from the visual quality of nearby public parks and waterfront open spaces.
9.2 Protect scenic values associated with natural resources.
A. In the Special Natural Area Districts (SNAD), SNWAs and Recognized Ecological Complexes, avoid structures or activities that interrupt landscapes, including introduction of discordant elements. such as intrusive artificial light sources, fragmentation of and structural intrusion into open space areas, and changes to the continuity and configuration of natural shorelines and associated vegetation.
B. In SNADs, SNWAs and Recognized Ecological Complexes, design new development to complement the scenic character of natural resources. Minimize and screen discordant elements which cannot be inconspicuously located.
Policy 10:
Protect, preserve and enhance resources significant to the historical, archaeological, and cultural legacy of the New York City coastal area.
Archaeological sites and historic structures are tangible links to the past generations, events and cultures associated with New York City’s coastal area.
The intent of this policy is to protect, preserve, and revitalize those historic, archaeological, and cultural resources that have a coastal relationship or significance.
All projects involving historic and archaeological resources need to comply with national, state, and local laws and regulations regarding designated historical resources, specifically New York City Administrative Code §25-303, and pertaining to the discovery, investigation, and recovery of archaeological resources.
10.1 Retain and preserve designated historic resources and enhance resources significant to the coastal culture of New York City.
A. Protect designated historic resources, including those structures, landscapes, districts, areas, sites, or underwater structures that are listed or designated as follows:
• any historic resource in a federal, state, or city park established, solely or in part, to protect and preserve the resource;
• any resources listed on the National or State Register of Historic Places;
• any resource designated as a New York City Landmark or Historic District; and
• any resource that is a significant component of the New York City Urban Cultural Park.
B. Protect resources, including those nor listed or identified in 10.1 A, which are related to the historical use and development of the waterfront, including shipwrecks, lighthouses and other aids to maritime navigation, points of entry and embarkation, and structures related to the defense of the Port of New York.
C. Foster efficient and compatible use of historic resources to maximize retention of the historic character and minimize their alteration.
10.2 Protect and preserve archaeological resources and artifacts.
A. Minimize potential adverse impacts to significant archaeological resources by redesigning the project, reducing the direct impacts on the resource, or recovering data prior to construction.
B. Conduct a cultural resource investigation when an action is proposed on an archaeological site, fossil bed or in an area identified as potentially sensitive for archaeological resources.
For more information about the New Waterfront Revitalization Program, contact the Zoning Division of the Department of City Planning at 212-720-3691.
