City of Yes for Economic Opportunity

On Monday, Oct. 30, the City Planning Commission (CPC) referred out for public review the proposed zoning text amendment known as “City of Yes for Economic Opportunity.” The proposal — the second in the administration’s three-part “City of Yes” initiative to enter the public review process — seeks to modernize the city’s zoning regulations to support the growth of small businesses and emerging industries. (Prior alerts relating to “City of Yes” can be found here, here and here.)

The proposed text amendment consists of 18 proposals serving four broadly defined policy goals. Here are some highlights:

• Goal 1: Make it easier for businesses to find space and grow. The Zoning Resolution’s existing Use Groups would be updated and reorganized to reflect modern business types. New allowances would be created in commercial districts for small-scale clean production uses, such as microbreweries, apparel makers and 3D printing establishments. Existing regulations that restrict the location of commercial uses in mixed-use buildings would be relaxed. Changes of use in existing buildings would no longer trigger loading requirements.
  
  
• Goal 2: Boost growing industries. New rules would be established to create growth opportunities for the life science, urban agriculture, amusement and nightlife industries. Commercial life science labs would be expressly allowed on an as-of-right basis in nearly all commercial and manufacturing districts, and would be allowed by CPC special permit on community facility campuses. Amusement and recreation facilities and production studios would be allowed in a broader range of zoning districts, subject to size limitations in certain cases.
  
  
• Goal 3: Enable more business-friendly streetscapes. A new “micro-distribution facility” use, encompassing grocery delivery centers and other micro-fulfillment centers, would be allowed in nearly all commercial districts. A new citywide framework for ground-floor design standards would be established, resulting in the application of ground-floor use restrictions and requirements for blank wall treatments, glazing and/or parking wrapping to a broader range of properties.
  
  
• Goal 4: Create new opportunities for business to open. New types of commercial and manufacturing districts would be added to the city’s “zoning toolkit” for future rezoning actions. These zoning districts would facilitate loft-style building envelopes and encompass a range of allowable nonresidential uses and FARs. New CPC authorizations would be created to allow retail and office uses in residential districts, and a new framework of BSA special permits and CPC authorizations would be created to allow modifications to size limitations and other conditions applicable to commercial and manufacturing uses.

The “City of Yes for Economic Opportunity” proposal will now undergo review by the city’s 59 community boards and five borough presidents and borough boards, after which it will be considered and voted on by the CPC and the City Council. Kramer Levin will continue to monitor the proposal as it makes its way through the process.