January 2012

Proposed Actions
Zoning Map Change to establish a Special Upper West Side Enhanced Commercial District 2 (EC-2); to establish a Special Upper West Side Enhanced Commercial District 3 (EC-3); and to establish a C1-5 District within an existing R10A District

Zoning Text Amendments Section 11-22 (Establishment of Districts); Section 12-10 (Definitions); Section 14-44 (Special Zoning Districts Where Certain Sidewalk Cafes are Permitted); and Section 132-00 (Special Fourth Avenue Enhanced Commercial District)

Local Retail Study - Background

Respond to concerns voiced by members of UWS community regarding negative changes in neighborhood character Determine what characterizes successful neighborhood commercial streets in New York City Surveyed streets in 10 neighborhoods since 2008 and identified various land use factors contributing to neighborhood character and development Developed series of tools to respond to specific concerns in the Upper West Side based on unique conditions and commercial dynamics

UWS Proposal Area

EC-2 Amsterdam 75th to 110th street (west side) 73rd to 87th street (east side) 105th to 109th street (east side) Columbus 72nd to 87th street EC-3 Broadway 72nd to 110th street (west side) 74th to 110th street (east side)

Land Use Map

Mixed commercial and residential buildings fronting the avenues Primarily ground floor commercial uses with residential above along Broadway, Amsterdam and Columbus Larger footprints and taller buildings along Broadway, smaller buildings along Amsterdam and Columbus Low commercial vacancy rate throughout Upper West Side (6%)

Existing Character: Amsterdam & Columbus

Good transit access Zoning allows for local retail and services Residentially oriented Mostly small stores but many larger stores and restaurants Important community facilities and neighborhood institutions

Concerns that new stores are larger and out of character with existing context Concerns about vacancies along certain blocks Concerns over potential for banks with significant ground floor presence
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Existing Character: Broadway

Good transit access Higher density commercial zoning Retail destination Mix of small and large stores Important community facilities and neighborhood institutions

Concerns over general loss of neighborhood character Concerns over long-term vacancies Proliferation of banks with significant ground floor presence
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Proposal Goals
Preserve small store and active retail character where it exists Support neighborhood business needs Encourage diverse retail and service opportunities for residents Promote active streetscape and attractive environment for pedestrians Balance needs of shoppers, residents, visitors and businesses

Proposed Regulations
Recognizes differences in character of Broadway, and Amsterdam and Columbus Regulations proposed for EC-2 along Amsterdam and Columbus:
Store Frontage Limitation Two establishments per 50' zoning lot frontage in all buildings, with no establishment greater than 40, and no store depth less than 30 Exceptions to this rule are: Supermarkets, schools, houses of worship, lots with less than 30 of commercial depth Bank Frontage Limitation Bank frontage limited to 25 in all buildings Residential Lobby Limitation Residential lobby frontage limited to 15 in new buildings Streetwall Transparency 50% transparency between 2' and 12 in new buildings

Regulations proposed for EC-3 along Broadway:

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Bank Frontage Limitation Bank frontage limited to 25 in all buildings Residential Lobby Limitation Residential lobby frontage limited to 25 in new buildings Streetwall Transparency 50% transparency between 2' and 12 in new buildings
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Amsterdam and Columbus Avenues

Typical Existing Block on Columbus and Amsterdam

Based on the goals to maintain and preserve the existing character of the proposed area, this typical block can be used to illustrate how the regulations would affect existing spaces and new development in the affected areas along Amsterdam and Columbus The typical existing block along Columbus and Amsterdam has about 7 establishments, interspersed with narrow residential lobbies The typical existing block has a mix of local retail and neighborhood services
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Broadway, Amsterdam and Columbus Avenues

Typical Block With Proposed Regulations

40 10 40 25 25 25 25

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Amsterdam and Columbus Frontage Regulations: Two establishments per 50' zoning lot Maximum general establishment frontage of 40 Maximum bank frontage of 25 Maximum residential lobby frontage of 15 Minimum store depth of 30 Exceptions: Supermarkets, schools, houses of worship, lots with less than 30 of commercial depth

Broadway Frontage Regulations: NO general establishment frontage or depth requirements Maximum bank frontage of 25 Maximum residential lobby frontage of 25

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Broadway, Amsterdam and Columbus Avenues

Transparency Requirements

Windows cover about half of the store frontage, allowing pedestrians to see inside shops, and shoppers to see out onto the street.

50% of the area between a height of 2 and 12 (or the height of the ground floor) shall be transparent.

No portion of the ground floor frontage may have a blank wall with a width exceeding 10.

Conversions, alterations and changes of use

Applicability of regulations
The following apply to ALL developments, and enlargements, AND to alterations, conversions, and changes of use in existing buildings: Minimum establishments per lot (Amsterdam and Columbus) Limit street frontage for all establishments (Amsterdam and Columbus) Limit street frontages for banks (Broadway, Amsterdam and Columbus) Limit street frontages for residential lobbies (Broadway, Amsterdam and Columbus) The following apply ONLY to developments and enlargements: Require ground floor transparency (Broadway, Amsterdam and Columbus) Although a non-conforming use in an existing building today may be replaced by another nonconforming use of the same or lesser size, where a non-conforming use discontinues operations for more than two years, the proposed use regulations will apply Regulations will not apply to supermarkets, schools, and houses of worship A City Planning Commission Authorization will allow for a discretionary waiver of frontage maximums
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Conversions, alterations and changes of use

Authorization to waive frontage maximums

A City Planning Commission Authorization will allow for a discretionary waiver of frontage maximums

The City Planning Commission may authorize a modification in the maximum street wall width of commercial establishments where the Commission finds that: such proposed use cannot be reasonably configured within the permitted street wall width, and such additional frontage space is required for the operation of such use; or a high ground floor vacancy rate exists within a reasonable distance of the proposed use, and such high vacancy is a consequence of adverse market conditions.

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Proposal: Commercial Overlay

Proposed mapping of C1-5 Commercial Overlay on existing R10A district at 77th street and Columbus Avenue Long-time active commercial uses; consistent with neighborhood context and character

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Conversions, alterations and changes of use

Examples
Does not conform with: Min. number of stores Maximum width of store

60 Zoning Lot
In an existing building, an existing This establishment could change uses, without conforming in establishment exceeding 40 in street wall totality to all the new regulations, provided that the change of use width would become a non-conforming use does not increase the degree of non-conformance.

Conversions, alterations and changes of use

Examples

60

X -number of stores X -max. store width

60

X -number of stores X -max. store width

A change of use from a 60 retail store to another 60 retail store would be permitted

60

X -number of stores X -max. store width

60

X -number of stores X -max. store width (40>25) 19

A change of use from a 60 retail store to a 60 bank would NOT be permitted

Conversions, alterations and changes of use

Examples

20

40

ok -number of stores ok -max. store width

60

ok -number of stores ok -max. store width

A change of use from a 20 and a 40 retail store to a grocery store would be permitted

20

40

ok -number of stores ok -max. store width

60

X -number of stores X -max. store width 20

A change of use from a 20 and a 40 retail store to a larger 60 retail store would NOT be permitted

Conversions, alterations and changes of use

Examples

60

X -number of stores X -max. store width

20

40

ok -number of stores ok -max. store width

A change of use from a 60 retail store to a 20 bank and a 40 retail store would be permitted

60

X -number of stores X-max. store width

20

40

ok -number of stores ok -max. store width 21

A change of use from a 60 retail store to a 20 bank and a 40 doctors office would also be permitted

Conversions, alterations and changes of use

Examples

60

X -number of stores X -max. store width

60

ok -number of stores ok -max. store width

A change of use from a 60 retail store to a 60 grocery store would be permitted

60

ok -number of stores ok -max. store width

60

X -number of stores X -max. store width 22

A change of use from a 60 grocery store to another 60 retail store would NOT be permitted

Conversions, alterations and changes of use

Examples
AFTER 2 YEAR VACANCY

60

X -number of stores X -max. store width

60

X -number of stores X -max. store width

A change of use from a 60 retail store to a 60 retail store would NOT be permitted

AFTER 2 YEAR VACANCY

60

X -number of stores X -max. store width

20

40

ok -number of stores ok -max. store width 23

A change of use from a 60 retail store to a 20 bank and a 40 retail store would be permitted

Estimated Timeline for Zoning Map change

Date Certified: Tuesday, January 3 CB Clock Begins: Thursday, January 12 CB Clock Ends: Monday, March 12 BP Clock Ends: Wednesday, April 11th CPC Hearing and Vote: Spring/Summer 2012 City Council Hearing and Vote: Spring/Summer 2012