Agenda - 11-25-1985 - Laserfiche WebLink

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• F.7:. § 8.01(2] ZONING AND LAND USE CONTROLS 8--4 (• municipality would not otherwise be able to construct itself, usually • because of the P rohibitive cost of eminent domain.Amenities include non-revenue producing building features, such as public plazas, parks,covered pedestrian space, theaters,off-street parking, arcades and on-site subway access.®In return,the developer is given permis- sion to use his property in a manner not otherwise allowed by the zoning ordinance; for example, to construct his building with more • floor area than is normally permitted.9 Incentive zoning is thus a eat trade-off between the developer and the municipality, resulting in both increased developer profit and public amenities.to s'{ n See San Francisco Planning Code§ 122. Also see Elliot and Marcus,"From Eucl d-to'Rarnapo:New Directions in Land . Development Controls," 1 Hofstra L Rev.56;•61 (1973). 9 See,&g.,.San Francisco Planning Code§ 122. • The San Francisco plan establishes a special district in the downtown area whereby a builder receives a bonus in the form of a larger floor area ratio(hereinafter called FAR]than normally permitted. Bonuses are given in return for the devel- • oiler's providing certain enumerated features in his building,such as a pedestrian mall or a covered plaza.. - 10 See Preihelt,"Awakening the Sleeping _ ceiling Giant:New Trends and Development in Environmental and Land-Use Controls,"1974 Institute on Planning.Zoning and • Eminent Domain 1, 45 (SW Legal Found, Matthew Bender& Co.). The author_ SSA,. states: "Bonus or incentive zoning is actually a sophisticated form of barter.A devel- oper,for instance,will want to construct a building higher than a zoning ordi- • 'kE nance allows,or otherwise use his in such a way that the density will • �.' property� Y tY {'{ - be greater than the municipality allows. On the other hand, the municipality desires amenities which it usually cannot afford to construct itself, usually due • to the prohibitive cost of eminent domain Bonus zoning is thus a means of achieving both developer profit and municipal amenities. New York and San Francisco are excellent examples of cities which have enacted comprehensive ordinances detailing the trades each city is willing to make, in exchange for a . legitimate theatre,off-street parking,a public plaza,multiple entrances,or access to rapid transit.Each amenity,or combination,allows a certain density increase, as by increasing the floor-area ratio.Thus,increased density,which is generally • s=' considered undesirable,is offset by an increase in public amenities directly related to the density,or by public facilities such as theatres or observation decks which the municipality has found to be so desirable as to be willing to accept the problems inherent in additional population." • • r 1, -.. ..