New York City Council
Subcommittee on Zoning and Franchises
Oct 16, 2024
·
11:00 AM
1 hr 40 min
Summary
A hearing on the 962-972 Franklin Avenue rezoning proposal in Crown Heights, Brooklyn, next to the Brooklyn Botanic Garden.
The contentious project proposes a 14-story mixed-use building with 355 residential units, including 106 affordable units.
Discussions focused on:
- The project's potential as the first residential union-built, financed, and operated development in NYC
- Workforce housing options
- Shadow impacts on the Brooklyn Botanic Garden
- The balance between affordable housing needs and preserving cultural institutions.
Key debates included the actual extent of shadow impacts, financial viability at different densities, and appropriate income levels for affordable units.
Features testimony from the developer, Brooklyn Botanic Garden representatives, union representatives, and the public.
Meeting chapters
Read summaries and watch videos for short segments that matter to you.
Council Member Kevin Riley opens the subcommittee hearing on 962-972 Franklin Avenue rezoning
Council Member Kevin Riley, chair of the subcommittee on zoning and franchises, opens the hearing on the 962-972 Franklin Avenue rezoning proposal. He explains the hearing procedures, introduces the topic, …
0:00:44
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4 min
Council Member Crystal Hudson's remarks on 962-972 Franklin Avenue rezoning
Council Member Crystal Hudson delivers a statement on the 962-972 Franklin Avenue rezoning proposal, expressing concerns about the project's impact on the Brooklyn Botanic Garden and affordable housing requirements. She …
0:04:58
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177 sec
Overview of the 962-970 Franklin Avenue development proposal
David Rosenberg presents the 962-970 Franklin Avenue rezoning proposal, highlighting its potential as the first residential union BFO (Built, Financed, Operated) project in New York City. The development, as modified …
0:09:23
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72 sec
Proposed zoning actions for the Franklin Avenue rezoning
The presentation outlines the specific zoning actions requested for the 962-970 Franklin Avenue project. These actions include rezoning, text amendments, and special permits to facilitate the proposed development. - Rezoning …
0:10:42
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39 sec
First union BFO residential project in New York City
The presenter emphasizes that this would be the first time the City Council is being asked to approve a Union BFO (Built, Financed, Operated) project for residential development in New …
0:11:24
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12 sec
Benefits of rezoning versus as-of-right development
The presenter compares the benefits of the proposed rezoning to what could be built as-of-right without rezoning approval. The rezoning offers significant advantages in terms of affordable housing, public improvements, …
0:11:38
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97 sec
Impact of City Planning Commission's density reduction
The presenter discusses the City Planning Commission's decision to reduce the height and density of the project, and its significant impact on the development's viability and community benefits. - CPC …
0:13:16
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59 sec
Request for workforce housing option approval
Due to the density reduction by the City Planning Commission, the developer is now requesting the City Council to approve the rezoning with the workforce housing option instead of the …
0:14:15
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51 sec
Addressing Brooklyn Botanic Garden's concerns and shadow impact
The presenter addresses the Brooklyn Botanic Garden's request for further height and density reductions, arguing against these additional changes and emphasizing the minimal difference in shadow impact between the current …
0:15:07
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136 sec
Discussion on developer's communication with Community Board 9 and project design evolution
Council Member Kevin Riley questions David Rosenberg about the developer's communication with Community Board 9 regarding the project's revisions. Rosenberg explains the evolution of the project design, including initial presentations, …
0:17:42
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141 sec
Developer's commitment to the application and viability concerns
Council Member Kevin Riley questions David Rosenberg about the developer's public statement regarding potentially withdrawing the application. Rosenberg clarifies that it wasn't a threat but a statement of project reality, …
0:20:03
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108 sec
Discussion on plans filed with DOB and 421-A tax abatement program
Council Member Kevin Riley inquires about plans filed with the Department of Buildings (DOB) for an as-of-right scenario. David Rosenberg explains that plans were filed in 2022 to preserve eligibility …
0:21:51
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40 sec
Developer's commitment to the project and explanation of previous statements
William Wallace IV from Continuum Company clarifies the developer's position and commitment to the project. He explains that their previous statements were not threats but warnings about project viability. - …
0:22:32
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99 sec
Rationale for requesting workforce housing option
Council Member Kevin Riley questions why the developer is requesting workforce housing now when it wasn't proposed during earlier stages of the ULURP process. David Rosenberg explains the reasons for …
0:24:11
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89 sec
Consequences if workforce housing option is not approved
Council Member Kevin Riley inquires about the consequences if the council does not map the workforce housing option. The developers explain the potential outcomes and reasons for their position. - …
0:25:40
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102 sec
Comparison of different angle options for the sloping plane
Council Member Kevin Riley asks for an explanation of the differences between the 15-degree angle approved by CPC and the 10-degree angle requested by the Brooklyn Botanic Garden. David Rosenberg …
0:27:22
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140 sec
Council Member's perspective on the project and need for proactive measures
Council Member Kevin Riley shares his perspective on the development project, highlighting its unique nature and potential impacts on the Brooklyn Botanic Garden. He encourages more proactive measures to address …
0:29:45
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50 sec
Property ownership and rezoning intentions
Council Member Crystal Hudson inquires about the duration of property ownership and the intent behind the rezoning request. William Wallace IV confirms that the property was purchased in 2017 with …
0:30:38
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19 sec
Rationale for increasing density and importance of MIH
David Rosenberg explains that increasing density is crucial for enabling permanent income restrictions under Mandatory Inclusionary Housing (MIH) without public subsidy. The increased market-rate density offsets the costs of affordable …
0:31:14
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98 sec
Alternative development scenarios without rezoning approval
Council Member Crystal Hudson inquires about potential development scenarios if the rezoning is not approved. William Wallace IV expresses hope that they won't have to address that reality, indicating uncertainty …
0:32:52
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35 sec
Explanation of lack of public subsidy for the project
David Rosenberg explains that current HPD and HDC term sheets do not have room to fund mixed-income developments like this project. The city's funding pipeline for subsidized housing is about …
0:33:28
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79 sec
Comparison of unit numbers in different zoning scenarios
David Rosenberg provides a breakdown of unit numbers under different zoning scenarios. An as-of-right condo development would have about 168 units, while a hypothetical development with universal affordability could have …
0:34:48
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85 sec
Shadow impacts from as-of-right development
David Rosenberg explains that an as-of-right development would cast shadows on the Brooklyn Botanic Garden. The maximum building height under current zoning would be about 110 feet, including bulkheads. - …
0:36:13
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121 sec
Clarification of unit number changes between zoning options
David Rosenberg explains the differences in floor area ratios (FAR) and unit numbers between various zoning options. He clarifies the changes from R6A to R7A and from R7A to R7D, …
0:38:15
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122 sec
Project profit margins and financial feasibility
William Wallace IV and David Rosenberg discuss the financial feasibility of the project, emphasizing tight profit margins and the challenge of making the project work with union labor and pension …
0:40:18
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3 min
Rationale for initially proposing R8A zoning district
David Rosenberg explains that R8A was initially proposed because it matches the zoning along Washington Avenue, which is closer to the Brooklyn Botanic Garden. This zoning was part of a …
0:43:22
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153 sec
Comparison of R7D and R7A options, including shadow impacts
David Rosenberg explains the differences between R7D and R7A zoning options, focusing on unit numbers and shadow impacts on the Brooklyn Botanic Garden. He emphasizes that the difference in shadow …
0:45:56
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3 min
Clarification of MIH options and AMI levels
David Rosenberg explains that the project proposes MIH Option 1 with a request for the workforce housing option. This would provide 30% of floor area at an average of 115% …
0:49:13
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3 min
Affordable housing permanence and unit mix
David Rosenberg confirms that all proposed affordable units would be permanently affordable. The unit size mix is still a moving target, subject to HPD approval through BLDS (Building and Land …
0:52:57
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87 sec
Parking requirements and potential for reduction
David Rosenberg explains the rationale for including some parking spaces despite the area's transit accessibility. The proposal includes a special permit to reduce parking requirements from 50% to 20%, balancing …
0:54:24
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171 sec
Potential uses for ground floor commercial space
William Wallace IV and David Rosenberg discuss potential uses for the proposed ground floor commercial space, emphasizing a focus on neighborhood businesses and community-based franchises. They express openness to working …
0:57:18
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137 sec
Council Member Abreu questions project funding and expresses hope for continued negotiations
Council Member Shaun Abreu inquires about the union funding of the project and expresses his encouragement for the union-supported model. He urges the developer to continue working with the local …
0:59:35
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61 sec
Testimony by Kathryn Glass, Chief Public Affairs Officer of Brooklyn Botanic Garden on 962-972 Franklin Avenue Rezoning
Kathryn Glass, representing Brooklyn Botanic Garden, expresses appreciation for the City Planning Commission's work but requests further modifications to the proposed rezoning of 962-972 Franklin Avenue. She emphasizes the garden's …
1:02:42
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151 sec
Testimony by Rowan Blaik, VP of Horticulture at Brooklyn Botanic Garden
Rowan Blaik, VP of Horticulture at Brooklyn Botanic Garden, testified against the proposed development at 962-972 Franklin Avenue, emphasizing the potential negative impacts on the garden's plant collections due to …
1:05:20
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163 sec
Impact of shadows on Brooklyn Botanic Garden
Council Member Crystal Hudson questions Rowan Blaik from the Brooklyn Botanic Garden about the impact of shadows from the proposed development. Blaik explains that the shadow impact is more significant …
1:08:08
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6 min
Discussion on development scenarios for the site
Council Member Crystal Hudson asks about ideal development scenarios for the site near the Brooklyn Botanic Garden. Rowan Blaik discusses the garden's preferences for development. - The 10-degree option is …
1:14:15
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93 sec
Current use of artificial light at Brooklyn Botanic Garden
Council Member Kevin Riley inquires about the use of artificial lighting at the Brooklyn Botanic Garden. Rowan Blaik confirms that they do use artificial lighting and mentions that they have …
1:15:48
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31 sec
Comparison of artificial and natural light for plant growth
Council Member Kevin Riley asks about the differences between artificial and natural light for plant productivity. Rowan Blaik explains that artificial light is not comparable to natural sunlight in terms …
1:16:19
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106 sec
Discussion on shade-tolerant plants and artificial light
Council members Shaun Abreu and Kevin Riley questioned Brooklyn Botanic Garden representatives about shade-tolerant plants and the use of artificial light. The garden's VP of Horticulture, Rowan Blaik, explained that …
1:18:05
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89 sec
Inquiry about direct sunlight impact on the botanical garden
Council Member Shaun Abreu asked about the percentage of the Brooklyn Botanic Garden that would continue to receive the same amount of direct sunlight after the proposed development. Rowan Blaik, …
1:19:35
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28 sec
Testimony by Kevin Elkins, Political Director of NYC & Vicinity District Council of Carpenters on 962-972 Franklin Avenue Rezoning
Kevin Elkins, representing the NYC & Vicinity District Council of Carpenters, testifies in support of the 962-972 Franklin Avenue rezoning project. He emphasizes the project's commitment to 100% union labor …
1:20:45
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142 sec
Clarification on 82% reduction in project scope
Council Member Crystal Hudson asks Kevin Elkins to clarify what the 82% reduction in the project refers to specifically. Elkins explains that it relates to the reduction in the number …
1:23:12
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21 sec
Testimony by Tony Agusto, Union Representative from DC 9 Painters and Allied Trades
Tony Agusto, a local resident and member of DC 9 Painters and Allied Trades, expresses strong support for the proposed development project due to the union jobs it will bring …
1:24:31
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148 sec
Testimony by Jennie Encalada-Malinowski, Union Representative for Lowell Barton (VP) of Laborers' Local 1010
Jennie Encalada-Malinowski, representing Lowell Barton of Laborers' Local 1010, testified in support of the 970 Franklin Avenue Project rezoning proposal in Brooklyn. She emphasized the importance of union labor in …
1:27:09
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169 sec
Testimony by Ari Espinal, Representative for Gary Labarbera, Building And Construction Trade Council of the Greater New York And Vicinity
Ari Espinal, representing Gary Labarbera of the Building And Construction Trade Council, testifies in support of the 970 Franklin Avenue Project. The project proposes a 14-story mixed-income residential development in …
1:30:02
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114 sec
Testimony by Anthony Williams on 962-972 Franklin Avenue Rezoning Project
Anthony Williams testifies in support of the 962-972 Franklin Avenue rezoning project, emphasizing its unique nature as a fully union-built, financed, and operated residential development. He highlights the project's potential …
1:32:03
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163 sec
Council Member Hudson inquires about union member salaries and household incomes
Council Member Crystal Hudson engages in a Q&A session with union representatives about the salaries and household incomes of their members. She asks specific questions about hourly wages, annual salaries, …
1:35:02
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84 sec
