Good morning.

Welcome to today's New York City Council Subcommittee on Zoning and Franchises.

At this time, please silence all phones.

If you wish to speak in today's hearing, please fill out an appearance card with one of the sergeants.

Moving forward, no one is to approach the day.

Chair, you may begin.

Good morning and welcome to a meeting of the subcommittee on zoning and franchises.

I am council member Farah Lewis, Chair of the Subcommittee.

This morning I'm joined by Council members Felder and Canacion, Jay Sanchez, Epstein, and Remote, I believe it's Fadieth.

Not yet.

Okay.

Today we are holding three hearings on the following proposals.

200 Kent Avenue Mixed Use Residential Rezoning and Council Member Wrestlers District, 47-03 108 Street, Mixed Use Residential Zoning and Council Member Thomas Henry's District, and the Flat Iron Nomad Major Concession Application regarding portions of Broadway and Fifth Avenue and Councilmember William Wilson and Epstein's district.

One additional note about today's agenda.

Although the proposal known as the St.

Augustine was listed in the city record for today, this item is not has not been called up for council review and will not be heard.

This meeting is being held in hybrid format.

Members of the public who wish to testify may testify in person or via Zoom.

Members of the public wishing to testify remotely may register by visiting the New York City Council website at www.council.nyc dot g-ov backslash land use to sign up, or for those of you here in person, please see one of the sergeant at arms to prepare a uh to prepare and submit a subject card.

Members of the public may also view a live stream broadcast of the meeting at the council's website.

When you are called to testify before the subcommittee, if you are joining us remotely, you will remain muted until recognized by myself to speak.

When you are recognized, your microphone will be unmuted.

We will limit public testimony to two minutes per witness.

If you have additional testimony that you would like the subcommittee to consider, or if you have written testimony that you would like to submit instead of appearing in person, please email it to LANU's testimony at council.nyc dot gov.

Written testimony may be submitted up to three days after the hearing is closed.

Please indicate the LU number and or project name in the subject line of your email.

We request the witnesses joining us remotely remain in the meeting until you are excused as council members may have questions.

Lastly, for everyone attending the meeting today, this is a government proceeding and decorum must be observed at all times.

Members of the public are asked to not speak during the meeting unless you are testifying.

The witness table is reserved for people who are called to testify, and no video recording or photography is allowed from the witness table.

Further, members of the public may not present audio or video recordings as testimony, but may submit transcripts of such recordings to the sergeant at arms for inclusion to the record.

We've also been joined by council members Thomas Henry and Councilmember Wilson.

I will now open the first public hearing on LU 117 regarding the flat iron nomad major concessions application for portions of Broadway and Fifth Avenue and Councilmember William Wilson's and Epstein's districts.

Over the past few years, there have been temporary initiatives to re-envision this corridor between 19th Street and West 31st into a more engaging and safer public realm for pedestrians.

This application would allow for long-term programming, which would be maintained by the flat iron slash nomad partnership.

For anyone wishing to testify regarding this proposal remotely, if you have not already done so, please sub please you must register online by visiting the council's website at council.nyc dot gov backslash land use.

For anyone with us today, please see one of the sergeant at arms in the back to submit a speaker card.

If you would prefer to submit written testimony, you can always do so by emailing it to Lanyus Testimony at Council.nyc dot G-O-V.

I now recognize Councilmembers Wilson and Epstein for remarks.

And we've also been joined by Councilmember Fadias Online.

Thank you, Chair.

Um, and thank you to our applicant today.

I I'm excited to to hear this uh uh major concession uh at uh for a big part of my district in the flat iron as you as the chair mentioned.

This is a really great opportunity to continue how we are re-envisioning this corridor and offers a great opportunity to how we're thinking about how we're using public space.

And we have a really great partner in the business improvement district here, and it's going to be, in my view, if done correctly, and I think we're on the way to doing that, an opportunity for us to really think about how we are leveraging uh public space as well as how it integrates with the the commercial use, which in many ways lifts up the neighborhood.

It makes for a lively and safer street, um, but it also gives us an opportunity to think about how we're using public space too for things like our waste removal and um and and who gets to use the the public realm and and for and for what purposes.

But I think we're we're working really hard to strike a strong balance here that is reasonable that gives everybody the tools that they need to make sure that this continues to be a world-class public space and how it's going to further integrate into the capital redesign of this corridor.

So I look forward to this hearing, and I'm looking forward to continuing to advance uh what I think is going to be a significant and positive change for uh for this corridor.

I want to thank my colleague uh councilmember Epstein who held down the fort while there was no council member uh for a few months.

And I also want to thank uh DOT for their partnership and our land use team, particularly Dana and Chelsea for all of the work that they've done on this, and also uh the bid, who I have been great stewards of this part of town, and I know we'll continue to do that once we get this over the finish line.

So thank you all very much for being here, and I'm looking forward to to the to the hearing today.

Uh I want to you know thank the chair for uh uh allowing us to move forward on this hearing.

I want to thank Councilmember Wilson to, you know, from day one when he started was a real partner in this uh in this project and to DOT to listening to our concerns and thoughts around how we improve this neighborhood and to make sure that what we're doing reflects our community values, our environmental values, our public values are about publicly facing space and making sure that people in this community could have access to a location that we think will be a vital card in our shared uh districts.

And finally, to the bid, um we're asking a lot of you, and I we appreciate you taking this on to a lot of responsibility to serve our neighborhood a lot of responsibility to have this space be open and available to the public.

And I think this partnership will you know continue to grow as we continue to have this conversation.

Thank you.

Thank you.

And I'll call the applicant panel for this proposal, which consists of Emily Weidenhoff.

Oh, yes, and uh Kyle Gorman.

Thank you.

Can you please raise your right hand?

Thank you.

Good morning.

Um do you swear to tell uh nothing but a truth in your testimony this morning and in response to council member questions?

Thank you.

You may begin your testimony, which is limited to 10 minutes, and you should start to conclude your presentation at about eight minutes.

When you begin your presentation, please restate your name and your agency.

You may begin.

Oh, we've also been joined by minority leader Carr.

Good morning, everyone.

Good morning.

Good morning, everyone.

Uh, my name is Emily Weidenhoff, and I'm assistant commissioner of public realm at the New York City Department of Transportation.

Uh, we're excited to uh present our proposal for a major concession ULERP this morning.

Um, if we go to the first slide in our presentation, um, New York City Department of Transportation is the applicant along with our plaza partner, the Flatiron Nomad Partnership.

Uh, the action here today is a major concession, which pursuant to um the rules of uh of New York City.

Any uh area that is over 42,000 square feet needs to go through this additional uh land use review.

Most recently, um, we've gone through a similar U-LERP application for Times Square Plaza just north of here.

Um this location is in Manhattan Community Board 5 in Council Districts 2 and 3.

Uh, if we go to the next slide, you can see here um the area in blue represents the existing concession agreement that we have with the Flatiron Nomad Partnership.

And this in large part represents the original public spaces that were created um almost 10 years ago now.

Um, and as we have worked with the community, with our partners, uh, with elected officials, we have worked to expand uh pedestrian and cycling priority along the corridor.

And so the application today is really recognizing all of that transformation of street as public space.

And so we're going from the original 38,500 square feet, expanding all that additional area in red.

And that's where you see additional plazas, shared streets, pedestrian space, to now the application of 162,345 square feet that will essentially allow the bid to fully maintain this area and any of the revenue that they generate as part of their concession agreement with New York City DOT will be able to go back into the maintenance management and operations now of this large area.

And we feel like this is really important to give them the tools that they need to really manage this public space comprehensively in partnership with the city.

The next couple of slides we can run through quickly.

First, we see the the surrounding land use.

Again, a lot of mixed use residential.

We have Madison Square Park.

The next slide shows the zoning map.

This portion of the corridor you'll see is part of the most recent Midtown South rezoning MSMX, which looks to bring more residential in the district.

So again, this type of effort is really important as we look to continue to support a thriving vibrant diversity of commercial residential uses in this dense part of Manhattan.

The next slide, again, for some context, so much of this work has grown out of the Broadway vision effort, which really looks to prioritize pedestrians and cyclists along this corridor where we have five business improvement districts.

We are aiming to create a comprehensive, kind of coordinated experience along the corridor while still respecting the five different neighborhoods that Broadway intersects through.

The next set of slides show the existing conditions through the corridor.

So we're gonna quickly start in the south.

Here you see images of 19th and 20th Street.

This is the southernmost portion of the district.

Here we have shared streets where you can see that there is still space for vehicles to pick up and drop off, but we have a lot more expanded pedestrian space for seating, for greening.

Next slide.

Here we see additional shared streets and cycling facilities.

A big part of the Broadway vision is to create comfortable and connected two-way cycling through the district.

This is 20th and 21st streets.

Next slide, we get to 22nd and 23rd Street, and this is where you see some of the larger, more premier public spaces.

This is the public space that's adjacent to the Flatiron Building where the bid has some of the existing subconcessions per their concession agreement.

So you see the kiosk in that middle slide there.

This is also an area where the bid hosts a lot of art and programming.

Next slide, we move to the other big premier public space across the street from the Flatiron Building, 23rd Street up through 25th Street.

Here we have plazas as well as Worth Square and a shared street.

So part of our larger collaboration is with our colleagues in the park department as well as Madison Square Park Conservancy, who maintains these adjacent park spaces.

Next slide, we see the northern portion of the district, 25th to 28th Street.

These were blocks that were very successful as open streets with outdoor dining during the pandemic.

So part of Broadway Vision has really looked to fully pedestrianize more of these blocks to promote more outdoor dining as well as public seating.

Next slide is 28th and 29th Street.

Again, those expanded pedestrian spaces that bring safety, but also lots of opportunity for gathering, for meeting, for greening.

And the last slide is 29th through 31st Street, which is the northernmost portion of the district before we get to Harold Square.

Next slide.

So separate from the major concession, but very interrelated is the city's investment in a full street reconstruction and really major redesign of this corridor.

We've been designing the kind of southern portion of the district for quite some time.

We're now in final design and excited to get out to the community for workshops and present to the community board for the southern portion of the section later this fall.

Next slide, you can see the southern section, 21st to 27th Street, where we'll be kind of fully reconstructing the street.

The curbs will go away, the paint and gravel will go away, and we'll have a fully transformed, greener, more vibrant public space that will also have important things like utility connections, which will allow the partners to manage the space and have thriving events as well.

And then the last slide shows the future capital phases, 27th Street, all the way up to the north, which is currently in scoping with our colleagues at the Department of Dining Design and Construction.

And that will also go through a robust public engagement process, public workshops, community board, and ultimately the public design commission for review.

With that, I'm going to turn it over to my colleague Kyle.

Good morning, everyone.

I'm Kyle Gorman from the DOT public realm team.

I'm a director of programs, operations, and partnerships.

And just lastly, we wanted to highlight a little bit more about what concessions actually look like on these plazas.

So we move to two slides ahead, please.

I'll give a little bit of a brief overview of concessions.

So these promote the positive and active use of these spaces, creates opportunities for small businesses, especially NWBEs.

There's a few different types of concession agreements that DOT does.

Predominantly today, we're really talking about the Plaza Concession Agreement, which allows the bid to host commercial events and derive fees from those commercial entities that are hosting those events, entering into sponsorship agreements and having subconcessions, which we'll talk about briefly.

Typically, these are multi-year agreements, then can be up to 20 years, which was something that we're looking to pursue with the bid.

Next slide, please.

So getting into the specific types of concessions, the first is commercial events.

These are done in collaboration with the street activity permit office, SAPO, who collects a fee.

The city has a fee schedule for the different types of events that can happen in these spaces when these commercial entities want to host these different types of sort of marketing opportunities for themselves.

And our plaza partners also get to collect a fee based on a similar type of schedule that DOT develops in coordination with the bid.

These are, you know, sometimes Nike or Netflix or what have you are able to host these usually single-day events to promote some sort of a new initiative or marketing opportunity for that particular business.

Next slide, please.

We also allow for a limited amount of sponsorship.

It is in no ways to be considered advertising.

It's more of just a way to give a sort of small call out to a business or some type of organization that's able to sponsor some element.

We have very specific parameters and requirements for what this looks like in the public realm.

And usually it is relegated to logos and branding.

Next slide.

This is a more formal structure for a small business to sell food and beverage or small types of merch.

We have unique types of kiosk that we've seen in our public spaces across the years.

DOT itself also has a standard design that we incorporate in the capital build-out of these spaces, which will be contemplated in the capital project that Emily had mentioned as well.

Next slide.

This is done in coordination with quite a number of agencies, especially depending on the different types of market concessions that will take place.

But this is another type of activation that we have done through our concessions over the years.

Next slide.

A lot of times we try to pair these concession opportunities with some sort of public benefits.

So we have a lot of great use cases around the city where we have a subconcession, like let's say a small kiosk, it's selling food and beverage that's paired with some sort of event or programming that still provides this public benefit in the space while still allowing a small local business to make some sort of revenue as well as creating revenue stream for the bid.

And then just the last two slides, because I know we're almost at time, um, talking about one of our newest types of subconcessions is concession seating.

Uh, this is our form of outdoor dining on plazas through our concession agreements.

It should be noted that this is separate and distinct from the dining out program, which is the general outdoor dining program in New York City.

Um, we allow for typically up to 33% of a plaza to uh occupy concession seating uh for those businesses.

But when we go through a major concession ULERP, as we're talking about today, uh, that can be up to 50%.

That is something we've talked very closely with the council members about and how exactly we would operationalize that in coordination with the bid and DOT and its other agencies.

Uh so we feel very sort of strongly about um maintaining this, but also maintaining the public space benefit of these um of these concession seating opportunities.

And just last slide, you can just get a little visualization of what concession seating looks like down the line.

Um we're happy to talk about that more.

Thank you.

Thank you.

I have uh three quick questions before I hand it over to council member Wilson and Epstein.

Who has been maintaining the pedestrian-oriented features along this stretch of Broadway?

That's been the Flatiron Nomad Partnership.

Perfect.

How frequently will DOT inspect the concession area and what oversight will DOT maintain once the agreement is executed?

Great question.

So as part of DOT's regular um concession process, we require that our concession partners provide quarterly reports.

Um, and we also have some requirements for audited financial statements.

So there's a team at DOT in our concessions division who's reviewing that on a regular basis.

Uh we also have teams that are out and about on the corridor that are um either uh because we are organizing a meeting with the bid um or we've received um some you know public questions or like a 311 request.

Um, there's a kind of whole host of different reasons um why DOT staff would be out on site um, you know, looking at various things in the plaza.

We don't have a um, you know, an exact uh regimented um process, but any time anything new is installed, um, we not only uh review internally first, um, but then we will do a site visit um to look at the installation and confirm it meets uh the uh proposal.

Thank you for that response.

And does DOT require annual public reporting showing revenue is collected?

And how do those funds get spent in major concession areas?

So, as part of uh again, the requirement for our concession agreement, that's exactly what we are looking at uh is um all of the revenue coming in and then how um it's going to various uh uh allowed expenses per the terms of the concession agreement.

That's not something we post online, but it is something that is you know part of yes, yeah.

All right, thank you for that.

Council members Epstein and Wilson, whoever wants to go first.

Uh thank you, and thank you for spending time with us as we go through these questions and issues.

I think uh you and your team have been really, really helpful.

So I appreciate that.

Um I think we talked about a lot about kind of environmental issues, and I think uh I think we're all in the same place around trying to become more environmentally friendly.

What role will DOT have in playing in overseeing whatever agreements we come to in the end?

So we've talked um with your office about um, you know, working in certainly making sure that as part of the agreement itself that we're being explicit, um, that all of um both our partner and its um subconcessionaires need to follow all uh relevant rules um related to um uh environmental law.

Um we're also um you know committed to where possible, um, promoting uh recycling, composting, um, and other environmental friendly practices.

And that's something again, we'll coordinate um closely with with the bid on to make sure that where feasible that's uh playing out in all the activities.

And is the bid gonna report to you on those, like those issues in your agreement with the bid?

Um, so again, there will be um some specificity in the agreement itself, um, but a lot um you know happens outside the agreement in terms of RFP proposals and things like that.

So that's something we'll be in in conversation um with them about.

And certainly we know it is a really important value here, but also honestly, citywide.

Um, so it it's something that um, yes, we will we will be making sure we do um to the extent possible um environmentally safe uh practices and operations.

And so if there was an issue, obviously we can go to the bid, but you'll be a backup and yes, yeah, yeah, yeah.

Yeah.

DOT is um very committed to um, you know, we are the long-term stewards of these public spaces and um uh happy to engage with you at any point.

Yes.

And just on the public seating, we've spent a lot of time talking about making sure that's uh it's there.

People know it's public seating, it's available.

Um role would DOT play in ensuring that that is happening and making sure that there's notices and information up for the public that they are aware of it.

Yeah, so that um public seating is incredibly important to us.

That's all of these spaces are public space.

Um, so we will be um uh not only um kind of reviewing um and approving the proposals that look at the balance of the public seating as well as the concession seating.

Um and that will be something that we're kind of evaluating as these spaces are evolving.

The life, uh, the use of these spaces changes a lot over the years.

So um we don't see it as being static.

It'll be something we care deeply about and will be evaluating.

Um, but also we will be regularly checking in to make sure that the setups that are um kind of reviewed and approved per the subconcessions are actually in place.

They're not kind of encroaching and and creeping into um the other spaces that are um for open accessible public seating.

I know we talked about long-term public improvements.

We talk about putting in publicly available water fountains, putting in a public bathroom, and then I know this is you know, this uh a little further down the pike.

Um, wondering kind of what DOT's commitment into those public improvements are and you know, where you see this happening in the context of the work that we're doing in the area.

Yeah, thank you.

Those are all um important elements for uh a healthy, uh thriving space.

And so we are working with our colleagues at Department of Design and Construction to integrate uh public drinking fountains, water bottle filling stations um into the capital design.

And we're currently in conversations with um with our colleagues in a few city agencies about the um the ability to uh provide a public restroom.

So we'll be exploring those elements.

There are a lot of technical uh constraints to those, um, but things that we're in conversation with sibling agencies about.

Yeah, I just want to make sure the DOT is committed to trying to make that happen.

Yes.

Okay.

All right, thank you.

Thank you, Chair.

Um, I'd like also like to echo Councilmember Epstein's comments about the collaboration and responsiveness from DOT.

Thank you very much.

I know we've it's been a lot of back and forth, but appreciate you all being at the table the whole time and in really good faith.

I have a couple of questions.

So in the recommend in their recommendations, community board five emphasized the importance of permanent separation between pedestrian areas and the proposed two-way bike lane.

Can DOT explain how the final capital design will physically protect pedestrians?

So we will we're still in design and we'll be sharing a lot of these details with the public and when we go back to the community board.

Um, but one of the great things about the capital design is we have a lot more tools that we're able to use versus just the paint and gravel.

Uh so there are a few different elements um that we're looking at.

Um is um just actually designing more planting in between the the two-way cycling and the pedestrian space.

So it'll naturally feel separated.

Um we're also looking at tactile surfaces, so a little bit of um a raised uh uh bump, if you will, um, that will help uh both kind of uh visually, but also people um with um with visual impairments to feel the difference between um the cycle track and the the pedestrian space, um as well as the um the tactile domes where we have um and indicate a physical crossing.

Um so those are those are some of the elements um that we're looking to incorporate into the final design so it'll feel um more more separated.

In some of the blocks, we're actually lowering um the cycling lane uh a little bit lower than the the sidewalk grade.

So again, there will be a little bit of a physical uh distinction, kind of clarifying who uses which space.

Is the business improvement district part of the is consulted during this design?

If we're talking about plantings, I imagine they're gonna be taking care of those.

They're they're part of that uh design process.

Absolutely.

We have a big uh meeting this week to to dig into some of those details.

But yes, absolutely.

Our design process is heavily um reflective of the reality that um our plaza partners are responsible for the long-term maintenance and management of the spaces, and we want to make sure we're designing uh both to a really you know world-class public standard, but also one that our our partners can maintain and sustain.

Uh Community Board 5 also recommended relocating the city bike station between 29th and 30th uh to improve the pedestrian circulation circulation.

Has DOT evaluated that recommendation and what factors will determine whether or not that station is relocated?

So we are discussing with our our bike share colleagues at DOT um different layouts for for City Bike with the the Capitol design.

Um we have a few proposals um that we'll be sharing with the public as part of the southern portion, that northern portion that you're mentioning, 29 to 30, that's in our next phase of design.

So we're not there yet, but as we look to kind of fully reimagine the street, we'll be looking at kind of how all the different pieces fit together and have a kind of balanced cohesive design, and city bike will be one of those elements that we're balancing.

Great.

And then my last question, as part of the Midtown South mixed-use points of agreement, the administration committed to advancing a kid first play uh kid first district between West 22nd and West 25th, as well as creating two additional car-free blocks.

Can you provide an update on the status of these commitments?

So we are um we are looking at additional opportunities to pedestrianize blocks of Broadway, and those will be uh proposals that we bring back to the public in the in the workshop uh stage of our capital redesign.

So uh more to come on that soon.

Um, and then our uh team is working on the kind of kid-friendly proposal.

We're currently in the planning stages with our bid colleagues along the corridor and hope to have more to circle back on that soon.

Okay, thank you, Chair Council.

Council, are there any members of the public who wish to testify remotely or in person regarding this proposal?

No, but we do have a potentially you sure um thank you, Chair for asking that.

We uh we do have let me start with we do not have members of a public who want to testify in person or online, but however council member Felder, I believe, has a question.

I have uh two questions uh of a general nature.

Number one about the city bike, the program that's been around for for many, many years.

Uh the does DOT uh do a regular analysis to see the usage or not of those bikes.

And then for example, if after I don't know, uh you know, a year or two, you know, you have 20 bikes uh that have been sitting there for who knows, and you know, the one bike a week is being used, removing the bike, those bikes.

Uh the reason I asked is that I I see in my own district and I see it uh all over the city.

There are certainly it's used in many places, but there are other places that it's just not, whatever reason.

And unless this is uh some sort of cultural art exhibit that the the city has and all over about city bikes that are not used.

Uh I I'd like to can you respond to that.

So our team is not responsible for city bike, but we appreciate your question.

I can uh say that there is uh a big team at DOT.

Um, every single city bike, there is data about where that bike is um and the different docks, and so we are happy to go um back and um have them provide you with a little bit more information about that.

Is about helmets.

Uh I don't I don't understand you you you do not have a program when I say you you on DOT.

Uh I mean I remember distinctly when they, you know, uh when they started uh an um obligating true drivers to use seat belts because of safety.

I I'm very familiar with uh for whatever reason with the uh uh accidents or whatever that occur with bicyclists or or you know that that do not wear helmets to the bicyclists and to the people that unfortunately if they bump into them uh you know that's the so I I don't get the whole thing.

I want to understand, and this is not to you, you can send this to your friends there, and uh as well.

I do not understand how the city functions without having a a uh I don't know what you want to call it.

One street, one rule about safety.

You know, I I don't know, I know that uh my kids, uh I I'm not the disciplinarian, never was.

I always used to say the kids asked me, I said I used to say it's okay with me, but ask mommy, and then she'd kill me because I you know uh but a helmet, you could not get on a bike, you know, with my without the helmet, you know, my wife and and the you train the kids from an early early time, and then they get older, and instead of it continuing, you say, okay, now it's okay, you know.

And you and the city has no program of obligating people who are using city streets.

And I understand if the guy wants to drive around his alley, you know, in circles without a helmet, but they're using city streets without helmets, and that's been going on for years, and to top it all off.

Your city pro city uh uh, you know, the program that you have, the bicycle program in the city.

I'm almost done.

Yeah, I did not have a fight with my wife this morning.

Yeah.

Uh there is no program to uh to ensure the safety of the bicyclists by obligating anyone using a city street, whether it's on a bicycle of any or anything else, certainly.

If you're using a city street, just like you buckle up, you have to have a helmet.

I I don't understand it.

So you can have your friends at DOT get back to me on that as well, if I'd appreciate it.

Yeah, absolutely.

And DOT cares incredibly deeply about safety, and we do have a lot of amazing teams that are partnering with elected officials to hand out free helmets um to people all across New York City.

So we'd be happy to connect you with them.

I don't want a free helmet.

I want everyone to have to wear one.

Thank you, council member.

Thank you for your response.

We've also been joined by council members Salam and Wrestler.

Stand at ease.

Okay.

If there are any members of the public who wish to testify regarding this proposal remotely, please press the raise hand button now.

If you are in person, please identify yourself to one of the sergeant at arms.

This is the last call.

You have 30 seconds.

Being there are no members of the public who wish to testify regarding LU 117 relating to the flat iron nomad major concessions application.

This public hearing is now closed.

The items are laid over.

This panel's excuse.

Thank you for being here today.

And now open the second public hearing on LUs 118 and 119 regarding 47-03 108 street, a mixed-use residential rezoning proposal and Corona Queens and Council Member Thomas Henry's district.

The proposal involves a zoning map and an MIH zoning tax amendment.

Applicant is seeking to develop a mixed-use housing development with approximately 119 apartments.

Mandatory inclusionary housing would be mapped as part of this application, which would require 30 apartments to be permanently affordable under MIH option one.

For anyone wishing to testify regarding this proposal remotely, if you have not already done so, you must register online by visiting the council's website at counsel.nyc.gov backslash land use.

For anyone with us in person, please see one of the sergeant at arms to submit a speaker card.

If you would prefer to submit written testimony, you can always do so by by emailing land use testimony at counsel that nyc.gov.

I now recognize councilmember Thomas Henry.

She doesn't have remarks.

Okay.

I will now call the applicant panel for this proposal, which consists of Frank St.

Jacques and Andrew Espazito.

Welcome.

Good morning.

Can you please raise your right hand?

Thank you.

Um do you swear to tell a truth and nothing but the truth in your testimony, Miss Morning, and in response to council member questions?

Yes.

Thank you.

You may begin your testimony, which is limited to 10 minutes, and you should start.

You should start to conclude at eight minutes.

When you begin your presentation, please restate your name and the name of your organization.

You may begin.

Thank you, Chair Lewis.

And Council members.

My name is Frank St.

Jacques.

I'm with Ackerman LLP.

We're land use counsel for the applicant.

And I'm joined by Andrew Esposito representing ownership.

Next slide, please.

This is an application in Queen's Community District 4 to establish an R7X C24 zoning district that would facilitate the construction of a 13-story mixed-use development with approximately 119 apartments on 108th Street in Corona.

Next slide, please.

As shown in the zoning map on the screen, the rezoning area is on the east side of 108th Street, which is a wide north-south corridor through the area through the area.

And the rezoning area is located between 47th Avenue to the north and 48th Avenue to the south.

It was zoned R6B in the 1989 Elmherst Corona rezoning.

And the R6B is adjacent to R5 zoning districts.

Next slide, please.

This land use map shows that the rezoning area and the block to the north are occupied by non-conforming industrial uses.

There's no commercial overlay and industrial uses are not permitted in residential zoning districts.

And 108th Street has a mix of non-conforming commercial and industrial uses.

The rezoning area is transit oriented with bus access along 108th Street and Corona Avenue to the west.

And the 7 train is approximately a half mile to the north of the rezoning area.

And as you can see, the mid blocks beyond 108th Street are generally lower density residential.

And there is some community facility uses and the park is just a block to the east.

Next slide, please.

So this photograph facing east, you can see the rezoning area.

Again, it's just that block front on 108th Street between 47th and 48th.

And it is occupied by non-conforming auto-related uses.

And then you can see some of that surrounding residential context.

Generally lower density but uh multifamily row houses.

Uh there's a um five-story basement um multifamily building immediately to the east of the site along 48th Avenue.

Next slide, please.

The proposed R7X envelope uh is a um medium density uh residential zoning district, which is appropriate at this transit-oriented site, which is on the block front of a wide commercial corridor.

Uh the C24 uh would allow uh local commercial uh uses, um, retail and service uses uh on this historically um mixed use stretch of 108th Avenue.

Next slide, please.

The project details are shown here.

Again, this is a mixed-use building rising to 13 stories.

Um R7X permits a floor area ratio or FAR of 6.0.

Um so the full development would be about 120,000 square feet with uh commercial and community facility space uh as well as parking.

Uh I'll note that the parking required here would be for about 13 spaces, but recognizing a demand in the area, we're providing about three times as much.

Um there will be a set aside for uh mandatory inclusionary housing.

Uh next slide, please.

Which is shown uh on this slide here.

The proposed development has again 119 total apartments, uh, 30 of which would be permanently affordable under MIH option one, which requires uh set aside of 25% of the residential floor area at a weighted average of 60% AMI with 10% at 40% AMI.

This results in 12 units at 40% AMI and 80% AMI and six at 60% AMI representing uh a spectrum of affordability uh within this district.

Next slide, please.

Community district four has a critical need for housing, uh, where 54% residents are rent burdened.

Uh this is the sixth highest rent burden population in New York City and the second highest in Queens, um, higher than Queens overall at 46% and New York City overall at 44.5%.

Uh so we believe that the introduction of new housing, um investment and new development at this site with the inclusion of mandatory inclusionary housing uh would be appropriate, and we welcome any questions.

Thank you.

Thank you.

I have a couple of questions, and I'll hand it over to Councilmember Thomas Henry.

Last week we approved an application zoned as R7A for development three blocks south of this site.

How was the how was this R7X district selected?

And why is R7X appropriate for this site?

Thank you.

So yeah, referring to the 5020, 108th Street rezoning, just uh a few blocks to the south.

Um this site, we we looked at R7X because it's it's entirely on uh 108th Street, the block front, um, you know, uh 200 by 100 feet along uh 108th Street.

It's uh closer to transit resources uh and the the context um different from the uh project to the south at 5020, 108th Street.

Um there are fewer uh lower density homes, you know, sort of within the block where the rezoning is contemplated.

So we believe that the separation created by virtue of this uh rezoning area and and project site being on the block front um made the R7X more appropriate.

Okay.

And can you share your current proposed breakdown of units for the development?

I know you shared some of it earlier, but including affordability levels and the mix of unit sizes.

Sure.

If we could just go uh back one slide, um that should provide um the affordability breakdown, and then as far as the um the total breakdown, uh this is a building that the initial illustrative design has uh has only one bedroom and two bedroom units.

So it's approximately 60% one bedrooms and 40% two bedrooms.

Thank you.

Got it.

Um I'll now recognize Councilmember Thomas Henry.

Thank you, Chair.

Um, a couple of questions.

Um to piggyb on Councilmember Lewis's question about the bedroom mix.

Have you considered um any three bedrooms or a larger number of two bedrooms versus the one bedroom?

Uh that's something we we hadn't considered, but we're happy to look into.

Okay.

Um so community board four has expressed concerns as you can't imagine about the for affordability within the proposed development.

Um while there is a wide um right array of MIH options.

Have you considered using MIH option three to reach lower AMI bands?

Uh this is again something we we hadn't considered, but we're happy to look into.

Okay.

There were also quite a few recommendations that came from the borough president.

Have you been able to review those and are those some things that um you're in line with?

Um I'll just uh jump back to the MIH option three question quickly.

I I just will note that um as you're aware, the um MIH option one uh allows for a 25% uh set aside for affordability.

There would be fewer um uh affordable units with uh by using MIH option three.

Um I think I just said that backwards.

MIH option one would allow for uh 25% while uh MIH option three would allow for uh um only 20%.

So it would result in fewer affordable units.

So that was one one aspect of thinking about uh uh using MIH option one.

And then with respect to the um borough presidents conditions.

And I can highlight a couple of them that um again are um of great um importance to the community as well, um, utilizing a local residents for working on the construction of this project, uh minimum of 30% MWBE goal with quarterly reporting on hiring initiatives to both the borough president's office and my office.

Right.

Uh so we we uh uh have no objection to that that condition.

Okay.

And also, what are you considering for the community facility spaces as well as the commercial spaces?

So we've had some some conversation with your office.

We're you know, uh at this point, um, we have some ideas about uh potential tenants for the community facility.

Um we'd like to continue that conversation with with input and your feedback.

Um we have uh had initial discussion with with Common Point um, but not selected um a specific user uh for this space.

So we're um happy to continue that conversation and and and you know um look forward to having some feedback from from you as to an appropriate community facility tenant.

Okay.

And as you can imagine, there are a lot of families in this area, and we are in desperate need of park space.

Um, would you guys be um open to excuse me, investing in um the local parks for any improvements needed?

We we haven't uh sort of we don't sort of fully understand the so the to generally answer your question, we're we're not opposed to that.

Um we're just concerned with um what that would look like and you know uh how that would work in the context of of seeking a discretionary action before the city council.

Sorry about that.

Um and then last I did um see it is an all-electric building.

Is that correct?

That that's correct.

And so, you know, um along those lines, the building will have a number of sustainability features as well as resiliency features uh built in.

So we have no objection to the uh borough president's condition to incorporate uh previous payment, bioswales and rain gardens.

Um we understand that the DOT has some new programs relating to bioswales and or rain gardens and tree pits, so we're happy to look into that as well.

Definitely um because we've had quite a few flooding issues, so that would be greatly appreciated.

And last but not least, and we've discussed this.

I do have concerns over the height.

This literally would be the tallest thing in this part of the district by twice the size.

Um we understand, council member, and and um we have looked into some uh potential design changes that would lower the height.

We're happy to share you with those with you moving forward.

I appreciate it, and I appreciate for your constant communication and working with my office on this project.

Thank you.

Thank you.

Appreciate it.

Council, are they well?

I now invite my any colleagues have questions.

Councilmember Encanasion.

Thank you.

Hello.

Um I agree.

I think it it seeing that it looks very out of character for what the neighborhood currently looks like now, and the fact that the community board has uh not necessarily been in favor of this.

Can you outline some of the community engagement you've had with some of the local neighbors there?

If there's been any um opportunities to meet with them to talk them through what are their needs, what would they like to see out of the project outside of the community board meetings?

Outside of the community board meetings, uh no, we've we availed ourselves to the Euler process.

We met several times with the land use committee um and then um had hearings with the land use committee and the full community board.

So no, with the direct neighborhood.

No outside engagement.

I I think you know, um Andrew has a a relationship with some of the council members and and you know has has spoken to them about specific or sorry, excuse me, the community board members um and you know had some offline conversation, but but not any real direct engagement with the community.

If I can I just add some color on that, just say you're doing it.

Um so I do have an independent relationship with some of the members of community board four.

We've had some very spirited, uh, I wouldn't even call them debates, conversations stemming from an earlier project uh at 7801 Queens Boulevard, where we worked with Councilmember Krishnan's office in addition to CB4, and we've been able to achieve some creative results that I think they're relatively pleased with.

So we have had Frank, um, even to the extent you may not be privy to conversations about how to, you know, certainly hear them work with them, height has been a significant component.

Um so I could tell you that for what that's worth, Councilmember.

Okay, thank you.

I'm gonna kick it back.

Oh, you have another one?

I'm done.

I'm gonna kick it back to Thomas Henry.

Um, just one more question.

As you heard Chair Lewis mention, there was another development um recently approved on this in this corridor a couple of blocks down, and there are potential other developments on this along this.

Are um you're open to collaborating with the other developers just in terms of design and when you're thinking about the commercial space, um, some type of coordination so that all developments are working cohesively with each other in terms of the character of the neighbor preserving the character of the neighborhood, as well as not looking to monopolize the retail absolutely, and and to be um you know perfectly clear, my office represented the the uh other developments, so establishing that coordination uh, you know, it's easy to do.

Um, and we're happy to keep your office looped in on that.

I appreciate it.

And we have a personal relationship with that owner and developer as well, and we've spoken preliminarily, but I think that's actually a really great idea.

I'm also thinking in terms of the community facility, for example, to the extent they're gonna have any.

We don't need the same services, et cetera.

So I think if we all speak on that point, that would be smart too.

Yeah, we're all on the same page.

Appreciate it.

Thank you.

Thank you, Chair.

No problem.

Council, are there any members of the public who wish to testify remotely or in person regarding this proposal?

Currently in the same is no members who have signed up online or in person.

If there are if there are any members of the public who wish to testify regarding this proposal remotely, please press the raise hand button now.

If you are in person, please identify yourself to one of the sergeant at arms.

This is the last call.

Being that there are no members of the public who wish to testify regarding LU's 118 and 119 regarding the 47-03108 mixed use residential rezoning proposal.

This public hearing is now closed.

The items are laid over.

You are now excused.

Thank you for being here.

And we will now open our last public hearing, third public hearing on LUs 115 and 116 regarding 200 Kent Avenue, a mixed-use residential rezoning proposal along the Williamsburg Waterfront and Brooklyn and Council Member Ressers District.

The proposal involves a zoning map and an MIH zoning tax amendment.

Applicant is seeking to enlarge an existing commercial building into a mixed-use housing development with approximately 143 apartments.

Mandatory inclusionary housing would be mapped as part of this application, which would require 36 apartments to be permanently affordable under MIH option one.

If anyone wishing to testify regarding this proposal remotely, if you have not already done so, you must register online by visiting the council's website at council.nyc dot gov backslash land use.

For anyone with us in person, please see one of the sergeant at arms to submit a speaker card.

If you would prefer to submit written testimony, you can also do so by emailing it to land use testimony at council.gov.

Councilmember Restler had to step up.

I will now call the applicant panel for this proposal, which consists of Jeremy Cozen and Julio Magarino.

Still good morning.

Could you please raise your right hand?

Sir.

Okay, please raise your hand.

Thank you.

Do you swear to tell the truth and nothing but the truth in your testimony this morning and in response to council member questions?

I do.

Thank you.

You may now begin your testimony, which is limited to 10 minutes.

Please start wrapping at eight minutes when you begin your presentation.

Please restate your name and the name of your organization.

You may begin.

Sure.

I think good afternoon now.

Uh chair and members of the subcommittee.

Uh Jeremy Cosen, Fried Frank Harris, Shriver Jacobson, LLP, land use counsel for the application, uh, the 200 Kent Avenue rezoning.

Uh next slide, please.

Uh we are here today to discuss uh two proposed actions.

Uh the first is a zoning map amendment uh to rezone the pro the project area from an M14 light manufacturing district to an M14R M14AR7X mixed use district.

Um the second uh action is to map this area, the the area that will be rezoned to M and M to establish an MIH area.

This would result in approximately 143 dwelling units, 29 to 43 of which would be affordable depending on the uh MIH option selected.

Uh next slide, please.

Uh a brief overview of the status of this application is I think warranted at this point.

Uh the Brooklyn Community Brooklyn Community Board 1 voted favorably with conditions as well as the Brooklyn Borough President.

Um, those conditions related mostly to the MIH levels as well as the desire to see uh light manufacturing uses in the ground floor of this building.

Um City Planning Commission approved this unanimously as well.

Next slide, please.

Uh a brief overview of where the site is located.

It's on the Williamsburg Waterfront, um, one block in from the actual waterfront, um, on the west side of Kent Avenue, bounded by River Street, Metropolitan Avenue, and North Third Street.

Um, you might call this South Williamsburg, but it's kind of in an area that's being actively redeveloped by the potential river ring project as well as uh domino.

Uh next slide, please.

Just walking around the site.

Um, you can see in this image, uh, looking to the northwest, the existing building is largely vacant.

Um, it was developed as a commercial office building with ground floor retail.

There is a trade, as we'll see in an upcoming slide, there is a trader Joe's in the ground floor.

Um, the second floor, which has a unique kind of metal cladding that is was was meant to screen uh a second floor parking structure that was to meet a prior uh zoning requirement for parking here.

Next slide, please.

Uh as I mentioned, the Trader Joe's, which is at the corner of uh North Third and River uh and and Kent.

Um, some additional retail fronts on Kent Avenue.

But as I mentioned, the upper floors as well as the surround the remaining retail ground floor um has remained vacant.

Uh next slide, please.

And I would just note actually that the Trader Joe's is mostly, if not almost entirely, located below grade.

Um, you can see here the office entrance on North Third Street as well as two uh a curb cut and two uh elevators that bring that were intended to bring cars up to the second floor.

Next slide, please.

Moving around uh the site, we are we are looking at the building's river street frontage and the Trader Joe's subgrade parking entrance, wherein 43 parking spaces are located.

Uh next slide, please.

And looking north here, um, I think this is the final photo.

To the left is the um currently vacant or used for vehicle commercial vehicle storage uh site where River Ring is intended to be developed, and we're looking north uh to the Austin Nichols building and the Williamsburg waterfront.

Next slide, please.

The site, as I mentioned, is located in an M14 district.

Um the the zoning in this area has was originally modified as part of the growing Greenpoint Williamsburg uh rezoning back in 2005.

Since then it's been somewhat of a patchwork where private actors have private actors, owners, operators have uh rezoned um different pieces of property.

Um those rezonings have mostly resulted in MX districts, um MX8 in particular.

Uh next slide, please.

And you can see here the varied um land uses in the area.

What was maybe 20, 30 years ago, a more industrial warehouse light manufacturing portion of the city has become a pretty vibrant mixed-use district where makerspaces, commercial ground floor retail uses as well as residential have um begun to predominate.

Next slide, please.

And here you can see the site relative to the built context.

Um the building is the the site is located one block in from the Williamsburg waterfront, wherein along that waterfront there are some pretty sizable skyscrapers that have been built as well as proposed.

Um city planning as well as the general built context here is to transition from the east to the west in terms of height and density.

Next slide, please.

And as I mentioned, um this is just a representation of the zoning map change from an M14 to an M14AR7X district, which would allow for the uh future mixed-use development.

Next slide.

Um the screen right here, you can see the proposed development.

The proposed development, and we've added the river ring buildings just so you can see it in its built context in the future.

The development area is approximately 22,000 in change in um in terms of square feet.

And as I mentioned, the it the proposed development is a partial conversion of the existing building as well as an enlargement on top of that converted building.

Um, this would result in approximately 93,000 residential square feet.

Um it would retain the proposed development would retain the 43 parking spaces for Trader Joe's in the basement and have uh commercial ground floor and on the second floor as well.

Next slide, please.

And this is a rendering showing how the building will look with the river ring buildings to the west along the waterfront.

Uh we think it fits very nicely within the built context and would be a welcomed addition to the neighborhood.

Uh next slide.

So I'm going to turn it over to Julio, um, the architect from Hill West.

Um Julio, take it away.

Good afternoon.

My name is Julio Magarino.

I'm with Hill West Architect for the applicants.

On this slide, as you can see, the proposed building will retain the existing ground floor storefront frame.

Its glazing will remain.

The existing metal panels would be replaced in carn with the brushed aluminum metal finish.

The existing second floor currently has solid and perfect metal panels, which were constructed as screening uh as a previously required parking.

The applicant proposes to reclad the facade with a curtain wall and metal panels, same as the ground floor.

The existing third through fifth floors currently have a current wall system.

The applicant proposes to reclad the facade with the window wall and metal panel system.

Next slide, please.

The proposed enlargement floors six through 14 features two different floor plates that alternate and integrate with the existing structure below.

These alternating floor plates combined with the slab cover metal panels, accentuate the facades articulation, and create a unique identity for the project and this active development neighborhood.

Thank you.

And just to wrap up, um, as I mentioned, the proposal here is to rezone uh the property to an M14AR7X district to allow for mixed use development.

Um, as you can see on this slide, the ground floor and second floor as proposed um will be commercial use.

Uh there will be um a significant open space um on on top of the building's podium, and then the uh enlargement um which will be residential will be built above.

Um we think this is a great addition to the neighborhood.

It activates a mostly vacant commercial office building and provides new uh market rate and affordable housing for an area that is um very much in desire.

Thank you.

Thank you.

I have a couple of questions.

Could you discuss some more how the construction of the new addition will be achieved on the existing building and whether you plan to keep the existing businesses open during construction?

Sure.

So this has been a discussion with the community as well as the council member.

Um we can um at current, we are we we have had active conversations with Trader Joe's and the other tenants in the building, and they will remain open during construction.

Construction will be staged in a way because we have four frontages, construction will be staged in a way to allow for those businesses to remain open and to have as minimal disruption as possible.

Um the unique aspect of this building was that even though it was built back when this was actually zoned M31 over six, seven years ago, I believe five or six five to seven years ago, um, it was the structurally, it was built to support an overbuild as we are proposing today.

So someone very smart um designed this building from a structural standpoint to allow for a future enlargement.

So from a construction standpoint, excuse me, from a construction standpoint, um the staging and the um, you know, from a staging perspective and a structural standpoint, we think this is um doable and very feasible.

They started the work for you in advance.

Your blessing.

I guess that's um when do you anticipate starting construction and how long do you anticipate the construction to take?

So, in an ideal uh circumstance, 2027 um construction commencement.

Um that assumes approval of the ULERP as well as uh the the um preparation of building buildings DOB drawings, um, given that we're in July, it's fair to say 2027 is is is a fair assessment.

Um given that, and and I can turn this over to Julio to um weigh in.

I I believe there the construction time frame would be uh truncated given the limited demolition required here, no excavation required here.

Um, so there are significant construction benefits to repurposing the existing building, including the podium that can assist with you know getting this to market as quickly as possible.

That's correct.

I think construction on a building this size could be uh 18 to 24 months, being that uh a third of the building already exists, it could be probably within 12 months to 15.

Does your client want to continue to develop or resell?

Our client fully intends to develop this pro this project.

Okay.

You're proposing to map a mixed use manufacturing and residential district.

However, your current proposal does not include manufacturing uses.

Why did you choose this mixed use zoning district and how does the district benefit your proposal?

It's a good question, and it's one we've been asked by uh the borough president's staff and the borough president, as well as the community board and uh Commissioner Osorio at the City Planning Commission.

Um, we are open to light manufacturing uses that are permitted pursuant to the MX district zoning.

Um we are committed to reaching out to local organizations to encourage light manufacturing uh zoning here.

The reason why it was selected as a zoning district was because that district allows for the greatest flexibility of non-residential uses, as well as it is the predominant district in this area.

Um so when you look at the neighborhood, you know, on a broader scale, and I don't know if we want to go back to that slide, but you can see that MX8, the special mixed-use district is kind of a patchwork throughout this kind of area of Williamsburg.

So it makes sense from a land use planning standpoint, it also makes sense from a flexibility of use standpoint.

Got it.

And could you provide a unit mix and affordability breakdown for your residential units?

Sure.

So it's this this more detail is in our um the application's racial equity report.

I can tell you that as proposed, um, the building based on certain dwelling unit factors proposes to contain up to 143 dwelling units, of which 29 to 43 would be affordable pursuant to MIH.

Um the applicant, I believe, is open to well, I shouldn't say I believe the applicant is open to options one and two.

Um there have been conversations with the council member about selecting option one.

Um either option works with the development proposal.

Um we fully intend to develop in accordance with that option.

And can you also give us the bedroom count?

And the there given that this is an illustrative building, we have not um developed that bedroom count at this point.

There is an illustrative bedroom count in the racial equity report.

But what I would note is, and we heard this at the community board, uh, there is a desire for this neighborhood to have larger units with more bedrooms, and we understand that desire, and we're looking to meet that.

What is the applicant proposing?

Like what is he, what is the applicant thinking about when it comes to bedroom count?

Yeah, I think at this point it's a little early to um weigh in on the bedroom count.

I will say that we there is a standard um studio one, two, three bedroom mix that's in that racial equity report.

I would use I would think of that somewhat as the floor and not you know the ceiling, and we would, if anything, trend towards larger units than smaller units.

This is not going to be, you know, more units that are all studios.

I don't imagine that's the applicant's intent.

Okay.

I have a couple of questions by councilmember wrestler because he had to step out.

The community board acts that you consider redesigning the bike parking in the Trader Joe's parking lot for better and safer access.

Will you will you make best efforts to fulfill that request?

Uh I can say yes.

Um, the applicant does intend to work with Trader Joe's.

I I would just note that, and then we've um given this response to the community board as well as to the council member, and I think the council member is is fully aware of this.

The trader Joe, the the bike spaces are within the Trader Joe's leased premises.

So it's the applicant fully intends to use best efforts to work with Trader Joe's to make sure that that space is better configured, including um incorporating community feedback as to how we can make it safer and more accessible.

Consider that part of the feedback they said they want it.

All right.

The borough president has asked that you identify light manufacturing tenants that can occupy the building's commercial spaces.

Will you make best effort to do to do that, including working proactively with Evergreen, North Brooklyn Business Exchange, and Green Point Manufacturing and Design Center to identify tenants?

Yes, that applicant the the applicant has made that commitment to the borough president and to the Commissioner Osorio at the City Planning Commission.

Perfect.

Are you using 485X?

If so, does the project you you propose already consider 485X?

Um the at current, because this is a partial conversion and a partial um enlargement, it is uh it is still an open question whether 485X will be as a tax abatement program will be looked to.

Um, so we don't have that answer at this time.

Got it.

Council, are there any members of the public who wish to testify remotely or in person regarding this proposal?

No, um there's no members of public sign up online or in person.

For members of the public here.

Sorry.

If there are if there are any members of the public who wish to testify regarding this proposal remotely, please press the raise hand button now.

If you are in person, please identify yourself to one of the sergeant at arms.

This is the last call.

You have 30 seconds.

Being there are no members of the public who wish to testify regarding LUs 115 and 116 relating to the 200 Kent Avenue mixed use residential rezoning proposal.

The public hearing is now closed.

These items are now laid over.

This applicant panel is now excused.

Thank you for being here today.

That concludes today's business.

I would like to thank the members of the public, my colleagues, subcommittee council, land use and council staff, and the sergeant at arms for participating in today's meeting.

This meeting is hereby adjourned.

Thanks.