QUESTION PRESENTED:
What is the best use of the property located at 1529-1533 60th Street, Brooklyn NY?
ZONING HISTORY & DEMOGRAPHICS:
The property in question is located in the southern part of Borough Park, Brooklyn and is currently within an M1-1 manufacturing district. Such districts typically include light industrial uses, such as woodworking shops, repair shops, and wholesale service and storage facilities. However, there are other permitted uses. These uses may be permitted if the property meets M1 performance standards, which refer to minimum requirements or maximum limits on noise, vibration, smoke, odor and other effects of industrial uses.
The Borough Park neighborhood is compromised of just over 105,000 people, nearly 40% of which are under 18 years old; the median age in the area is 25.6 years old. The area is clearly a family based neighborhood as 80% of the total households are considered family households. The average income of these households is just over $59,000; under 10% of which have an income over $150,000. These demographic statistics are important in analyzing potential uses of the property located at 1529-1533 60th Street, Brooklyn.
In looking at a potential rezoning application, it is vital to look at surrounding properties. On the same block as the property in question, there was a successful rezoning of the property located at 1560 60th Street, Brooklyn. On February 27, 2013, that property was rezoned from an M1-1 to an R6A in order construct new housing, a synagogue and parking. Additionally, portion of the surrounding area is zoned as an R5 district, a residential district that allows a variety of housing types. This signifies that applying for a rezoning of 1529-1533 60th Street, Brooklyn into a residential district is a possible course of action.
LAW DISCUSSION:
The use of land has historically been regulated by law and courts. New York is a Dillon’s Rule state, meaning that all municipal power is derived through the state; this power must be expressly granted from the state. Today, property owners are often required to abide by land use guidelines ranging from building codes to zoning ordinances. The 1961 Zoning Resolution was enacted to address means of organizing and shaping the way land is used in New York City. The Resolution is comprised of two parts: zoning text and zoning maps. The text lays out zoning districts and guidelines as to how land in those districts may be used or developed while the zoning maps set forth visual boundaries and locations of those districts.
New York City is divided into three basic types of zoning districts: residential, commercial, and manufacturing. Each district regulates permitted uses of the land, floor area ratio, dwelling units, open space, lot lines, parking requirements, and other features applicable to the specific type of district. Furthermore, districts are sub-characterized. The property in question is within a manufacturing district. Manufacturing districts are broken down into M1, M2, and M3 districts; each of these incorporate different performance standards that limit the amount and type of industrial nuisances permitted.
Zoning amendments and special permits must go through through the Uniform Land Use Review Process (ULURP). This process provides a time frame and entails review and recommendations from the community boards and Borough President of the area in question. The City Planning Commission and ultimately the City Council will determine whether or not to approve the zoning change. Public citizens play a vital role in this process as rezoning applications are required to go through public hearings in the community. An application for rezoning of the property located at 1529-1533 60th Street, Brooklyn to a residential district may be a possible course of action.
At the moment, the property is in an M1-1 district. Manufacturing districts encompass a variety of uses. In addition to industrial uses, this district allows commercial use such as offices or retail. The principal bulk regulation in controlling how the development of the property is floor area ratio (FAR)- the ratio of total building floor area to the area of the zoning lot. 1529 60th Street has a 4,846 square foot lot with a 1.0 FAR. This means that the floor area of the building can not exceed 4,846 square feet; 1533 60th Street would not be permitted to exceed 3,167 square feet of floor area.
There are currently a wide variety of available uses for the M1-1 property. As of right, nearly all retail and commercial uses, other than large commercial amusement establishments such as amusement park attractions, would be permitted on this particular zoning designation. In addition to retail and commercial uses, houses of worship are permitted as of right in M1 districts. Certain community facilities, such as a medical walk-in clinic, may be allowed through a special permit request dependent on approval by the Board of Standard and Appeals (BSA) or after going through ULURP. The various options regarding how to use this property give you discretion on which business you think would be most successful.
Another area of law that needs to be addressed is sign regulations in this manufacturing district. There are two types of signs: accessory and advertising. An accessory sign directs attention to something on the same lot as the sign while an advertising signs direct attention to something on a different zoning lot. Because the property in question is technically two different buildings on two different lots, both of these types of signs come into play. Sign regulations limit size of signs, height of signs, and the surface area of the signs; these limits differ depending on the classification of the building use and sign type.
Now let’s switch gears and talk about residential use. When it comes to the development of residence, Brooklyn has numerous issues to be considered by a developer. For instance, the zoning resolution prevents advertising signs in the zoning district, but they normally allow limited accessory signs installation. The resolution of zoning permits for ‘for rent’ and ‘for sale’ signs 12 sq/m or smaller signs of facility flags, banners, and others. The signs that show the off-street parking can be allowed only when they do not go beyond 2 square feet per exit of the entrance. The manufacturing districts have less restrictive regulations upon advertising and accessory signs compared to commercial and residential districts. Advertising and accessory signs are allowed but maximum sign surface res s based on the frontage of the street. Moreover, in the commercial district, accessory signs will be controlled by the height, how they are affixed to a building, how much it is projecting from a building, by lamination sections, and by how big it is linked to street frontage.
POLICY DISCUSSION:
There are multiple policy considerations that may come into play in a process of applying for rezoning. One such consideration is affordable housing. Included in Mayor de Blasio’s housing plan is the Mandatory Inclusionary Housing Program (MIH), which requires developers to include affordable housing in areas that are rezoned to allow for more residential development. It is essential to note that this program does not apply to smaller buildings with 10 apartments or fewer. In an application to rezone the property in question to a residential district, it is important to align your (the developer) interests and goals with those of The City Council. One important goal would be to reach lower income households. As noted above, the average household income for the neighborhood is under $60,000; this would be an argument in favor of rezoning. On the other hand, MIH is centrally focused on creating more economically diverse communities across the city. It may be argued that in this specific area, an increase in affordable housing is simply unnecessary.
Due to the size of the lot and prospect of political backlash towards affordable housing, a different use of the building would be more beneficial. Developing an office building is another potential use of the property and would probably receive more community support than residential use. The property is located in an M1-1 district and borders an R5 residential district. Light industrial uses, typically found in M1-1 districts, are favorable to create buffer zones between manufacturing and residential districts. Thus, in applying for residential rezoning, a persuasive pitch including the rationale behind the proposed change is necessary; without being able to offer affordable housing, this course of action would provide many obstacles.
Most zoning districts have been mapped in the diverse neighborhoods of the city to preserve their varying character and density. Such limits can help in providing shape to the available neighborhoods and predicts the future; character of neighborhoods is a driving force behind nearly all zoning and land use decisions. Every zoning law left an important mark on the city. From the Empire State Building to Daily News Building, buildings need to always account for the property around them. Buildings that were built following the zoning changes of 1961 reveal that the viability of integrating buildings into the environment. The current zoning laws try to be something more than the sum of its parts; for urban architects, developers and planners, it is critical to always remember that zoning laws are not normally set in stone. Based on the changes that have taken place over the past 100 years, it is not always clear what the future may bring. . The city is continuing to adopt zoning resolution as the patterns of land use in city change through public and private actions.
POLITICAL DISCUSSION:
Borough Park is predominantly a Jewish neighborhood. In response to a possible rezoning application, residents may claim that the zoning change could negatively affect the makeup of the area. Development of affordable housing would gentrify the area, bringing in culturally diverse groups of people. Community board meetings would likely be flooded with residents of the area who would be vehemently opposed to such development. Nonetheless, affordable housing would likely be applicable due to the size of the lot.
Staying away from residential use, and rezoning in general, would likely be the best political approach. Based on the demographics of the area, retail use would garner positive attention. Permitted uses include everything from clothing stores to restaurants. Such uses would be favorable to nearby residents as these businesses would not attract many outsiders, gentrify the area, or create traffic. However, they are common businesses found in family neighborhoods. The neighborhood contains a high percentage of households with children, therefore, any use pertaining to a child-friendly atmosphere would be advantageous.
While certain uses of the property may be permitted, the public can often control what type of development and land use takes place. Community board meetings that give private citizens a voice often direct councilmen and public officials on what proposals to approve. An uproar in a community can, and has, led to news stories and press coverage; the more press there is, the less likely the CPC accepts a proposal. Moreover, bad press and community opposition negatively affects the likelihood of public officials being elected or re-elected.
COURSES OF ACTION:
When considering development, it is important to understand that the DCP has stressed the significance of sustainability in describing how the current codes of zoning need to work. Even though the original laws have concentrated on individual buildings and skyscrapers, current regulations address comprehensively different issues of urban planning— from promoting fresh food stores, affordable housing, to requiring the bicycle parking in their buildings.
The property owner should consider investing in the development of commercial or manufacturing use of the Borough Park property. The city appears to be committed to the maintenance of industrial zoning and this may prevent the building of large residential developments in the neighborhood. An office building would be a good course of action as it would be limited by FAR and ultimately not disrupt the character of the neighborhood as regulation would limit the height of the building. Proximity to public transportation, specifically the subway, would further the rationale behind such development. As of now, the street is filled with multi-family homes, industrial use shops, and newly constructed offices. A proposed office building development would align with the current trends of the area.
Another equally suitable approach would be retail use. As discussed above, the property is located adjacent to residential districts that contain a high percentage of family households. As the developer, you would be able to rent out the commercial space to retailers and collect a sustainable income through rent payments. The new development of the residential building down the block located at 1560 60th Street, Brooklyn suggests that residential development may be expanding into the manufacturing district. If the property in question is not going to be developed into a residential dwellings, a retail store would still reap the fruits of this new coming change.
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All in all, the M1-1 zoning district provides many lucrative options of how the property can be used. An application for rezoning or special permit would perhaps be possible, although, the process could take years. The best approach would be to develop as of right and use the land in one of the permitted uses under the current zoning. If you have any further questions or concerns, please do not hesitate to reach out to me. Speak to you soon.