Disclaimer: This post is based on a partial review of ZRD1 approvals. A more thorough analysis of all ZRD1’s approved by the department may lead to alternate conclusions. In addition, department practice may have evolved in more recent approvals. The ZRD1 Project strives to be accurate and fair-minded and we welcome clarifying information from the department or anyone who has better information on the subject discussed below. Please email info@zrd1.com with any questions or concerns.

July 2024 Update - The City of Yes for Economic Opportunity text amendment makes portions of these blog posts obsolete.  Some text sections have been reorganized and links to section references may no longer be accurate.  More importantly, the text amendment opens a new chapter in New York City zoning analysis.  Until such time that these posts can be updated, please consider this post as representative of NYC zoning prior to the enactment of the City of Yes text amendments.

Recreation Space vs. Recreation Rooms

The provision of Quality Housing Recreation Space is a requirement of section 28-21, which mandates that a minimum percentage of the building’s floor area is provided as accessible common recreation space for residents. The standards applicable to such Recreation Space are detailed in section 28-22, with subsection (b) specifying the minimum dimensions of the space:

Section 28-22(b) is the subject of this ZRD1 for 70 Vestry Street. The building had generated a requirement of 4300 sf of recreation space per section 28-21. The applicant proposed to meet this requirement on the ground floor with several large primary spaces and other smaller support spaces:

The plan examiner objected, citing section 28-22(b) and requiring that all spaces have a minimum dimension of 15 feet. In response, the applicant distinguished between recreation spaces and recreation rooms. He argues that section 28-22 treats these areas differently, and the dimensional requirements are referenced only in relation to recreation spaces:

The Department agreed, writing:

Summary

Per the ZRD1 approval for 70 Vestry Street, the dimensional requirements of section 28-22(b) apply to the overall recreation space and allow for the aggregation of individual, contiguous recreation rooms in order to comply with to the minimum dimensional requirements. A word of caution, though. This approval occurred several years ago and applies only to the specific project for which it was approved. There are several standards that recreation spaces must meet, and Department interpretation is subject to evolve on this issue.