Background
The Metropolitan Transportation Authority (MTA) together with the New York City Department of City Planning (DCP) is proposing a zoning text amendment in the New York City Zoning Resolution to establish a framework for coordinating the siting and provision of transit station improvements with new developments on adjacent sites. Specifically, the zoning text amendment would create a system‐wide easement requirement, that would require developments on lots over 5,000 sf within 50 feet of a mass transit station in most zoning districts to obtain a determination from the related transit agency on whether a transit easement volume is needed on site for future station access. The proposed text amendment would also create an expanded transit improvement bonus program, through City Planning Commission (CPC) Authorization, that would grant a floor area bonus up to 20% of the maximum floor area ratio (FAR) for developments within 500 feet of a transit station (1,500 feet in special districts) and in R9 and R10 density‐level districts that provide transit station improvements, including but not limited to accessibility improvements.
RPA supports Zoning for Accessibility
As a value capture mechanism, using zoning to improve transit accessibility makes a lot of sense. In an era of tight budgets and exploding need, cities around the world are funding infrastructure and other public improvements through land value capture mechanisms.
The Zoning for Accessibility (ZFA) proposal has the capacity to extend MTA’s capital plan and allow for the allocation of resources for transit stations in greater need and where value capture mechanisms may not be feasible. A stronger nexus between the city’s transit system and future development not only makes sense to plan for smart growth, but will also provide capacity to improve accessibility to more stations across the city, and bring them into compliance with the Americans with Disabilities Act (ADA). Zoning for Accessibility has the potential to become another tool to help finance our urban future, making a valuable case study to inform equitable transit oriented development (eTOD) in our region and beyond.
Create a tracking tool
To help ensure that capital funds are allocated equitably throughout the city, we encourage the development of a tracking system or tool to disclose transit improvement zoning bonuses and easements. The recently adopted MTA Open Data Act, should facilitate the disclosure of this specific information.
Such a tool would disclose where ZFA value capture happens, details pertaining to the transit improvements, and the granted easements or density bonuses. Providing this information in a public and accessible format will also promote interagency coordination and allocation of funding in a smart and equitable way. Elected officials and advocates could also use this information to request the MTA to allocate its funds where they are most needed, and where value capture is not being triggered by the proposed mechanisms. This will also inform future policy decisions seeking to further improve equitable transit oriented development.
Prioritize combination of transit and affordable housing bonuses
The ZFA bonus has the potential to improve transit access in socially vulnerable areas, not only without exacerbating displacement risk, but by simultaneously facilitating an increase of affordable housing supply in high opportunity areas.
ZFA could better improve the chances of achieving these outcomes by encouraging developments to combine the proposed transit density bonus along with the existing Voluntary Inclusionary Housing (VIH) bonus. Given that the City Planning Commission (in consultation with the MTA) will hold some discretion in deciding how much floor area would be granted in exchange of proposed station improvements, they could award the maximum 20% increase when in combination with VIH, and still allow for additional bonus combinations such as the density allowances granted by plazas (Privately Owned Public Space or the FRESH program when available). But by encouraging the transit and VIH bonus combination over others, the mechanism would prioritize improving transit access and affordable housing at the same time. This will help off-set some of the pressure that otherwise results in rising rents and property values - critical factors that exacerbate displacement risk.
Displacement risk is low
The proposed transit bonus only applies to limited high density geographies, and for the most part in places where there appears to be low risk of displacement, if any at all. When overlying a map of the proposed ZFA transit bonus areas over RPA’s displacement risk index, one can observe that parcels where the bonus might be triggered are not generally located in census tracts where vulnerabilities or displacement risk is concentrated.
Even in the minority of instances where there is overlap between the transit density bonus areas and locations with potential risk, there will be opportunities to amend project details and mitigate possible socioeconomic impacts. Because the mechanism is being proposed as a special permit, applicants would present to the City Planning Commission (CPC), and City Council could still call up the application to negotiate terms to mitigate displacement if warranted. Future applications seeking use of the bonus would still have to prepare an Environmental Assessment Statement (EAS), and depending on the project scope, might have to prepare a full Environmental Impact Statement (EIS). In these documents, potential impacts to socioeconomic conditions and displacement would be evaluated.
The previous suggestions for developing a tracking system and prioritizing density bonuses that combine affordable housing, are likely to reduce displacement risks even further.
Conclusion
The ZFA proposal can help increase housing supply in high opportunity areas, bring significant upgrades to stations, and further extend capital funding into areas where value capture may not be feasible. We will have to wait some years before we see results, but ZFA will surely make a valuable eTOD case study for the region and beyond.
Thank you for your time and consideration of this proposal. As always, we are ready to serve as a resource in helping to further think through these issues and develop the right mix of solutions to address our transit challenges.
