THE COUNCIL OF THE CITY OF NEW YORK
RESOLUTION NO. 190
Resolution approving with modification the decision of the City Planning Commission on Application No. N 100119 ZRM, for an amendment of the Zoning Resolution of the City of New York, concerning Article IX, Chapter 3 (Special Hudson Yards District), Borough of Manhattan (L.U. No. 56).
By Council Members Comrie and Weprin
WHEREAS, the City Planning Commission filed with the Council on March 9, 2010 its decision dated February 24, 2010 (the "Decision"), pursuant to Section 201 of the New York City Charter, regarding an application submitted by the New York City Department of City Planning, for an amendment of the Zoning Resolution of the City of New York, which would take into account changing conditions in the affected area and would continue to meet the parking needs of new development as well as support the parking needs of Midtown Manhattan and the Convention Center area in Community Districts 4 and 5 (Application No. N 100119 ZRM), Borough of Manhattan (the "Application");
WHEREAS, the Decision is subject to review and action by the Council pursuant to Section 197-d(b)(1) of the City Charter;
WHEREAS, upon due notice, the Council held a public hearing on the Decision and Application on April 7, 2010;
WHEREAS, the Council has considered the land use implications and other policy issues relating to the Decision and Application; and
WHEREAS, the Council has considered the relevant environmental issues and the Negative Declaration, issued on October 19, 2009 (CEQR No. 10DCP008M);
RESOLVED:
The Council finds that the action described herein will have no significant effect on the environment.
Pursuant to Sections 197-d and 200 of the City Charter and on the basis of the Decision and Application, and based on the environmental determination and consideration described in this report, N 100119 ZRM, incorporated by reference herein, the Council approves the Decision with the following modification.
The Zoning Resolution of the City of New York, effective as of December 15, 1961, and as subsequently amended, is further amended as follows:
Matter underlined is new, to be added;
Matter within # # is defined in Section 12-10;
Matter in strikeout is old, to be deleted;
* * * indicates where unchanged text appears in the Zoning Resolution;
Matter in double underline is new, to be added by the City Council
Article IX - Special Purpose Districts
Chapter 3
Special Hudson Yards District
93-00
GENERAL PURPOSES
The “Special Hudson Yards District” established in this Resolution is designed to promote and protect public health, safety and general welfare. These general goals include, among others, the following specific purposes:
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(n) to limit the amount of off-street parking based on regulations which address the anticipated needs of residents, workers and visitors to the Hudson Yards Area, consistent with the objective of creating an area with a transit and pedestrian-oriented neighborhood character.
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93-03
District Plan and Maps
The regulations of this Chapter are designed to implement the #Special Hudson Yards District plan#.
The District Plan includes the following nine ten maps:
Map 1 - Special Hudson Yards District, Subdistricts and Subareas
Map 2 - Mandatory Ground Floor Retail
Map 3 - Mandatory Street Wall Requirements
Map 4 - Mandatory Sidewalk Widenings
Map 5 - Transit Easements and Subway Entrances
Map 6 - Sites for which Special Parking Regulations Apply
Map 6 7 - Subdistrict F Site Plan
Map 7 8 - Subdistrict F Public Access Area Plan
Map 8 9 - Subdistrict F Mandatory Ground Floor Requirements
Map 9 10 - Subdistrict F Mandatory Street Wall Requirements
93-052
Applicability of Article I, Chapter 3
#Public parking lots# authorized pursuant to Section 13-552 (Public parking lots) prior to January 19, 2005, and #accessory# off-street parking facilities for which a special permit has been granted pursuant to Section 13-561 prior to January 19, 2005, may be renewed subject to the terms of such authorization or special permit.
The provisions of Article I, Chapter 3, in their entirety shall be applied to Subdistrict F. Additional provisions of Article I, Chapter 3, shall be applicable as specified in Section 93-80 (inclusive).
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93-054
Applicability of Chapter 4 of Article VII, Chapter 4
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(b) The following provisions regarding special permits by the City Planning Commission shall be applicable as modified:
Section 74-52 (Parking Garages or Public Parking Lots in High Density Central Areas) shall be applicable to the renewal of City Planning Commission special permits for #public parking lots# of any capacity and to #public parking garages#, granted prior to (date of enactment) or portions thereof, located above grade, subject to the findings of Section 93-821 (Authorization for above-grade parking). However, the findings of Section 93-821 shall not apply to any public parking facility in existence prior to January 19, 2005, that is the subject of a renewal or new special permit.
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93-14
Ground Floor Level Requirements
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(b) Retail continuity along designated streets in Subdistrict F
Map 8 9 (Subdistrict F Mandatory Ground Floor Requirements) in Appendix A specifies locations where the special ground floor #use# and transparency requirements of this Section apply. Such regulations shall apply along either 100 percent or 70 percent of the building’s #street# frontage, as indicated for each location on Map 8 9.
(1) Along Eleventh Avenue
The ground floor retail provisions established in paragraph (a) of this Section shall apply to the ground floor #street# frontage of #buildings# along Eleventh Avenue. In addition, if a #street# frontage is occupied by a bank, as listed in Use Group 6, such a #street# frontage shall not exceed a #street wall# width, in total, of 25 feet.
(2) Along designated streets other than Eleventh Avenue
In addition to the #uses# listed in paragraph (a) of this Section, the following #community facility uses# from Use Groups 3 and 4 as well as the following #commercial use# from Use Group 6B shall be permitted on the ground floor level of a #building# or within five feet of #curb level# for frontages along designated #streets#, as shown on Map 8 9, other than Eleventh Avenue.
93-16
Public Parking Facilities
In C2-5, C2-8 and C6 Districts, the provisions of Sections 32-17 (Use Group 8) and 32-21 (Use
Group 12) with respect to #public parking garages# and #public parking lots# are modified to require a special permit pursuant to Section 74-52 (Parking Garages or Public Parking Lots in High Density Central Areas) for #public parking lots# of any capacity, and in C2-8 and C6 Districts, to allow, as-of-right, #public parking garages#, provided such garages are entirely below-grade and contain not more than 0.30 parking spaces for each 1,000 square feet of #floor area# on the #zoning lot#. However, no #public parking garages# shall be permitted within the #Phase 2 Hudson Boulevard and Park#, as shown on Map 1 in Appendix A of this Chapter inapplicable and are superseded by the provisions of Section 93-80 (OFF-STREET PARKING REGULATIONS).
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93-17
Modification of Sign Regulations
(a) Subdistricts A, B, C, D and E
Within Subdistricts A, B, C, D and E, the underlying #sign# regulations shall apply, except that #flashing signs# shall not be allowed within 100 feet of Hudson Boulevard, its northerly prolongation to West 39th Street and its southerly prolongation to West 33rd Street. Furthermore, #flashing signs# shall not be allowed on any portion of a #building# fronting upon the outdoor plaza required in the Eastern Rail Yard Subarea A1, pursuant to Section 93-71.
(b) Subdistrict F
For the purposes of calculating the permitted #surface area# of a #sign#, each site set forth on Map 6 7 (Subdistrict F Site Plan) in Appendix A shall be considered a separate #zoning lot#.
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93-56
Special Height and Setback Regulations in Subdistrict F
The height and setback regulations set forth in this Section, inclusive, shall apply to specific sites identified as Sites 1 through 6 on Map 6 7 (Subdistrict F Site Plan) in Appendix A. All #developments# or #enlargements# of a #building or other structure# within Subdistrict F, with the exception of those approved as part of a public access area pursuant to Section 93-78 (Site and Landscape Plans for Public Access Areas in Subdistrict F), shall occur within these designated site locations. However, portions of a #building# located entirely below grade, and exempt from the definition of #floor area#, shall be permitted to extend beyond such designated site locations. Furthermore, the boundary of Site 6 may be extended in a westerly direction, by up to 40 feet, to accommodate a public #school# in accordance with the provisions of paragraph (b) of Section 93-568 (Site 6).
Map 4 (Mandatory Sidewalk Widenings) in Appendix A identifies the location of a sidewalk widening required along Eleventh Avenue that is referenced in this Section, inclusive. Regulations governing the design of this sidewalk widening are set forth in Section 93-61.
Public access areas in Subdistrict F shall be comprised of publicly accessible open spaces, private streets and pedestrian ways. Map 7 8 (Subdistrict F Public Access Area Plan) in Appendix A, identifies the location of publicly accessible open spaces, private streets, and pedestrian ways that are referenced in this Section.
Publicly accessible open spaces are comprised of the Western Open Space, the Central Open
Space, the Southwest Open Space, the Northeast Plaza, the Midblock Connection and the #High
Line#. General rules governing such publicly accessible open spaces are set forth in Section 93-
75 (Publicly Accessible Open Spaces in Subdistrict F).
Publicly accessible private streets are comprised of the West 32nd Street Extension (including the Allee, as defined in paragraph (c)(2) of Section 93-761 and shown on Map 7 8) and the West 31st Street Extension. Publicly accessible pedestrian ways are comprised of the West 30th Street Corridor, and the Connector. General rules governing such private streets and pedestrian ways are set forth in Section 93-76 (Publicly Accessible Private Streets and Pedestrian Ways in Subdistrict F).
93-561
General rules for Subdistrict F
The following regulations shall apply to all #buildings or other structures# within Sites 1 through
6:
(a) #Street wall# location
For the purposes of applying the height and setback regulations of this Section, inclusive, wherever a #building# fronts upon any publicly accessible open space, private street or pedestrian way, as shown on Map 7 8 (Subdistrict F Public Access Area Plan), the boundary of such publicly accessible open spaces, private streets or pedestrian ways shall be considered to be a #street line#. Furthermore, for the purposes of applying such height and setback regulations, the sidewalk widening line required along Eleventh Avenue shall be considered the Eleventh Avenue #street line#.
Wherever a #building# on Sites 1, 5 or 6 faces the #High Line#, the #street wall# shall not be located closer than five feet to the edge of the #High Line#, as shown on Map 7 8. Such five foot separation shall remain unobstructed, from the level of finished grade adjacent a #building#, to the sky, except as permitted:
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93-562
Street wall regulations for certain streets
The locations of all #street walls# identified in this Section are shown on Map 9 10 (Subdistrict F Mandatory Street Wall Requirements) in Appendix A.
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93-565
Site 3
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(c) Maximum length and height
The maximum horizontal dimension of a tower, measured in any direction, shall not exceed 145 feet. However, if the angle of the tower’s maximum horizontal dimension is aligned within 15 degrees of a 45 degree line constructed from either the southwest or northeast corner of the Site 3 rectangle in plan, as shown on Map 6 7 (Subdistrict F Site Plan) in Appendix A, then such maximum horizontal dimension measured in this direction may be increased to 160 feet, provided that the maximum dimension measured perpendicular to such increased dimension does not exceed a length of 120 feet.
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93-566
Site 4
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(c) Towers
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(2) Maximum length and height
For any portion of a tower above 120 feet, the maximum horizontal dimension, measured in any direction, shall not exceed 145 feet. However, if the angle of the tower’s maximum horizontal dimension is aligned within 15 degrees of a 45 degree line constructed from either the southwest or northeast corner of the Site 4 rectangle, in plan, as shown on Map 6 7 (Subdistrict F Site Plan) in Appendix A, then such maximum horizontal dimension measured in this direction may be increased to 160 feet, provided that the maximum dimension measured perpendicular to such increased dimension does not exceed a length of 120 feet.
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93-567
Site 5
All #stories# of a #development# or #enlargement# located wholly or partially above finished grade on Site 5 shall be considered a tower and shall comply with the provisions of this Section.
On Site 5, a #building or other structure# may be located adjacent to and above the #High Line#, provided no portion of such #building# or an associated structural column is located within five feet of the edge of the #High Line# from the level of finished grade to a level of 50 feet above the level of the #High Line bed#, as shown on Map 7 8 (Subdistrict F Public Access Area Plan) in Appendix A.
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(b) Maximum length and height
At or below a height of 50 feet above the #High Line bed#, if a #building or other structure# is #developed# with portions on both sides of the #High Line#, the minimum horizontal dimension, measured in any direction between such portions shall be 60 feet.
For that portion of a tower located above a height of 50 feet above the #High Line bed#, the maximum horizontal dimension, measured in any direction, shall not exceed 145feet. However, if the angle of the tower’s maximum horizontal dimension is aligned within 15 degrees of a 45 degree line constructed from either the southwest or northeast corner of the Site 5 rectangle, in plan, as shown on Map 6 7 (Subdistrict F Site Plan) in Appendix A, then such maximum horizontal dimension measured in this direction maybe increased to 160 feet, provided that the maximum dimension measured perpendicular to such increased dimension does not exceed a length of 120 feet. Furthermore, the maximum horizontal dimension for that portion of a tower that spans the #High Line#, measured in any direction, shall not exceed 120 feet.
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93-568
Site 6
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(b) Certification to expand Site 6
The area of Site 6, as shown on Map 6 7 (Subdistrict F Site Plan), may be extended westward by up to 40 feet in order to accommodate a public #school# upon certification of the Chairperson of the City Planning Commission, that:
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93-75
Publicly Accessible Open Spaces in Subdistrict F
Public access areas in Subdistrict F shall be comprised of publicly accessible open spaces, private streets and pedestrian ways.
Publicly accessible open spaces are listed in this Section, inclusive. Such publicly accessible open spaces shall be comprised of the Western Open Space, the Central Open Space, the Southwest Open Space, the Northeast Plaza, the Midblock Connection, and the #High Line# as described within this Section, inclusive. Map 7 8 (Subdistrict F Public Access Area Plan) in Appendix A identifies the location of publicly accessible open spaces.
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93-751
General requirements for the Western Open Space
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(b) Location and minimum dimensions
The Western Open Space shall be located east of the #High Line#, and encompass the area between Sites 1 and 5 as shown on Map 7 8 (Subdistrict F Public Access Area Plan) in Appendix A. The Western Open Space shall have a minimum easterly boundary of 225 feet, as measured from the easterly #street line# of Twelfth Avenue.
(c) Core elements
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(3) Supplemental area
Any space provided in the Western Open Space which does not meet the criteria for lawn area set forth in paragraph (c)(1) of this Section or the criteria for the #High Line# connection set forth in paragraph (c)(2) shall be designated as supplemental area and shall comply with the requirements set forth in this paragraph, (c)(3).
A minimum of 50 percent of the supplemental area shall be landscaped with soft ground cover, and the remaining 50 percent may be paved. At least one tree shall be provided for every 2,000 square feet of supplemental area. Such trees may be distributed anywhere within the supplemental area.
A minimum of two unimpeded paved pedestrian accesses, each with a minimum width of 12 feet, shall be provided in the supplemental area. One such pedestrian access shall link the West 32nd Street Extension’s Allee, as defined in paragraph (c)(2) of Section 93- 761 and shown on Map 7 8, to the #High Line#, and the second such pedestrian access shall link the West 31st Street Extension to the #High Line#.
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93-752
General requirements for the Central Open Space
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(b) Location and dimensions
The Central Open Space shall be located within the area bounded by the West 32nd Street Extension, the West 31st Street Extension, the Connector and Eleventh Avenue, and shall also be comprised of any portion of Sites 3 and 4 that are not covered by #buildings# at the ground level as shown on Map 7 8 (Subdistrict F Public Access Area Plan) in Appendix A.
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93-753
General requirements for the Southwest Open Space
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(b) Location and minimum dimensions
The Southwest Open Space shall be located within the area bounded by Twelfth Avenue, the Western Open Space, the West 31st Street Extension, Site 6 and West 30th Street, and shall also be comprised of any portion of Site 5 which is not covered by a #building or other structure# at the ground level as shown on Map 7 8 (Subdistrict F Public Access Area Plan) in Appendix A.
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93-754
General requirements for the Northeast Plaza
A publicly accessible open space, (henceforth referred to as the “Northeast Plaza”), shall be provided at the intersection of West 33rd Street and Eleventh Avenue, as shown on Map 7 8 (Subdistrict F Public Access Area Plan) in Appendix A. The area of such space shall be at least 2,600 square feet, and shall have a minimum #street# frontage of 40 feet along each #street#. The Northeast Plaza shall be #developed# in accordance with the standards of a #public plaza#, as set forth in Section 37-70 (PUBLIC PLAZAS), exclusive of the area dimensions set forth in Section 37-712.
93-755
General requirements for the Midblock Connection
A pedestrian way, (henceforth referred to as the “Midblock Connection”), shall be provided between West 33rd Street and the West 32nd Street Extension, as shown on Map 7 8 (Subdistrict F Public Access Area Plan), in Appendix A.
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93-76
Publicly Accessible Private Streets and Pedestrian Ways in Subdistrict F
Public access areas in Subdistrict F shall be comprised of publicly accessible open spaces, private streets and pedestrian ways.
Publicly accessible private streets and pedestrian ways shall be provided in Subdistrict F in addition to the publicly accessible open spaces required in Section 93-75. Such private streets and pedestrian ways shall be comprised of the West 31st and West 32nd Street Extensions, the West 30th Street Corridor and the Connector. Map 7 8 (Subdistrict F Public Access Area Plan) in Appendix A of this Chapter identifies the location of these publicly accessible private streets and pedestrian ways.
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93-761
General requirements for the West 32nd Street Extension
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(a) General purpose
The West 32nd Street Extension is intended to serve the following purposes:
(1) to serve as the primary publicly accessible pedestrian and vehicular connection to the Western Rail Yard from Eleventh Avenue;
(2) to provide an experience substantially similar to active public #streets# in other highdensity, mixed-use districts;
(3) to provide a unique urban park-like experience for an active public #street# by connecting the Western Open Space and the Eastern Rail Yard plaza with a pedestrian Allee, as defined in paragraph (c)(2) of this Section and shown on Map 7 8 (Subdistrict F Public Access Area Plan) in Appendix A; and
(4) to provide a private street with core elements that are substantially similar to the surrounding public #streets#.
(b) Location and Dimensions
The West 32nd Street Extension shall have its northerly edge located a minimum of 180 feet and a maximum of 200 feet south of the West 33rd Street #street line#, as shown on Map 7 8, except that a terminus to the West 32nd Street Extension, located west of the Connector shall be permitted to expand beyond the maximum dimensions, provided that such terminus extends to provide a building entrance drive along Site 1, and complies with the provisions set forth in paragraph (e) of Section 93-751 (General requirements for the Western Open Space).
(c) Core Elements
The West 32nd Street Extension shall provide the following core elements:
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(2) Planting and seating requirements for the southern sidewalk and the Allee
Two trees shall be planted for every 20 feet of southern curb length of the West 32nd Street Extension between Eleventh Avenue and the Connector. Fractions equal to or greater than one-half resulting from this calculation shall be considered to be one tree. Such trees shall be planted at approximately equal intervals along the entire curb length of the West 32nd Street Extension.
Along the southern sidewalk, trees shall be planted within five feet of the curb and the southern edge of the sidewalk. One row of trees shall be planted within five feet of the curb and a second row of trees shall be planted within five feet of the southern edge of the sidewalk. This double row of tree planting along the southern sidewalk of the West 32nd Street Extension between Eleventh Avenue and the Connector shall henceforth be referred to as the Allee, as shown on Map 7 8. No #development# shall be permitted within 15 feet of the southern edge of the Allee.
The Allee shall provide a minimum of one linear foot of seating for every 75 square feet of the Allee. A minimum of 50 percent of the required seating shall provide seatbacks.
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93-762
General requirements for the West 31st Street Extension
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(b) Location and dimensions
The West 31st Street Extension shall have its southerly edge located a minimum of 180 feet and a maximum of 200 feet north of the West 30th Street #street line#, as shown on Map 7 8 (Subdistrict F Public Access Area Plan) in Appendix A, except that a terminus to the West 31st Street Extension, located west of the Connector, shall be permitted to expand beyond the maximum dimensions, provided that such terminus extends to provide a building entrance drive along Site 5, and complies with the provisions set forth in paragraph (d) of Section 93-753 (General requirements for the Southwest Open Space), and/or paragraph (f) of Section 93-7542 (General requirements for the Northeast Plaza Central Open Space), as applicable.
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93-763
General requirements for the West 30th Street Corridor
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(b) Location and dimensions
The West 30th Street Corridor shall be located in the area bounded by the #High Line#, Eleventh Avenue, West 30th Street and the eastern edge of the Southwest Open Space, as shown on Map 7 8 (Subdistrict F Public Access Area Plan) in Appendix A.
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93-764
General requirements for the Connector
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(b) Location and dimensions
The western #street line# of the Connector shall be located a minimum of 225 feet east of the easterly #street line# of Twelfth Avenue, as shown on Map 7 8 (Subdistrict F Public Access Area Plan) in Appendix A.
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93-78
Site and Landscape Plans for Public Access Areas in Subdistrict F
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(e) Where a phase of #development# results in all building sites in Subdistrict F, as shown on Map 6 7 (Subdistrict F Site Plan) in Appendix A, having been #developed# in whole or in part pursuant to the provisions of Section 93-56 (Special Height and Setback Regulations in Subdistrict F), the Department of Buildings shall not issue a certificate of occupancy for the last #building# of such phase unless and until the Chairperson certifies to the Commissioner of Buildings that all public access areas within Subdistrict F are substantially complete, and are open to and useable by the public. However, in the event that the site and landscape plans for the #High Line# open space have not been approved pursuant to paragraph (c) of this Section at the time such last #building# is eligible for a certificate of occupancy, the Department of Buildings shall issue such certificate of occupancy upon certification of the Chairperson that all public access areas other than the #High Line# open space are substantially complete.
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93-80
OFF-STREET PARKING REGULATIONS
In Subdistricts A, B, C, D and E, the regulations governing permitted and required #accessory# off-street parking spaces of Article I, Chapter 3 (Comprehensive Off-Street Parking Regulations in Community Districts 1, 2, 3, 4, 5, 6, 7 and 8 in the Borough of Manhattan and a Portion of Community Districts 1 and 2 in the Borough of Queens) and Article II, Chapter 5; Article III, Chapter 6; and Article IV, Chapter 4 (Accessory Off-Street Parking and Loading Regulations) shall not apply except as set forth in this Section. In lieu thereof, the provisions of this Section, inclusive, shall apply.
In Subdistrict F, the regulations of Article 1, Chapter 3 shall apply.
93-81
Definitions
Hudson Yards parking regulations applicability area
The “Hudson Yards parking regulations applicability area” is comprised of Subdistricts A, B, C, D and E of the #Special Hudson Yards District#, the 42nd Street Perimeter Area of the #Special Clinton District# and Area P2 of the #Special Garment Center District#.
Hudson Yards development parking supply
The “Hudson Yards development parking supply” shall be the aggregate number of off-street parking spaces in #accessory# individual or #group parking facilities#, #public parking lots# and #public parking garages# in the #Hudson Yards parking regulations applicability area#:
(a) that have been constructed, pursuant to the as-of-right regulations in effect subsequent to January 19, 2005, and before (date of enactment), to the extent that such spaces satisfy the ratios of Section 93-821;
(b) that have been constructed, pursuant to a City Planning Commission special permit approved subsequent to January 19, 2005, and before (date of enactment);
(c) for which the Chairperson has issued a certification, pursuant to Section 93-821, paragraph (e); and
(d) that have been approved by Board of Standards and Appeals variance, pursuant to Section 72-21 , to the extent that such spaces satisfy the ratios of Section 93-821.
However, all off-street parking on Site 1, as shown on the map of the Special 42nd Street Perimeter Area in Appendix A of the #Special Clinton District# (Article IX, Chapter VI) shall be counted towards the #Hudson Yards development parking supply#.
For purposes of this definition, “constructed” shall include any off-#street# parking spaces in #accessory# or #group parking facilities#, #public parking garages# or #public parking lots#, where such #accessory# or #group parking facilities#, #public parking garages# or #public parking lots# were completed on (date of enactment); under construction on such date with the right to continue construction pursuant to Section 11-331; or granted a City Planning Commission special permit after January 19, 2005, where such permit had not lapsed as of (date of enactment).
Public parking
“Public parking” shall be off-street parking that is open to the public during the business day for
hourly, daily or other time-defined rental of parking spaces, for which a fee is charged;
Reservoir deficit
The “reservoir deficit” shall be the amount by which the #reservoir surplus# is less than zero;
Reservoir parking supply
The “reservoir parking supply” shall be the sum of:
(a) all off-street parking spaces lawfully operating as of May 27, 2009, in the #Hudson Yards parking regulations applicability area# as #public parking#; and
(b) any off-street parking spaces for which a valid building permit had been issued, as of May 27, 2009, and which have been constructed before (date of enactment).
However, any off-street parking space that satisfies the definition of the #Hudson Yards development parking supply# in this Section shall not be counted as part of the #reservoir parking supply#.
For purposes of this definition, “constructed” shall include any off-street parking spaces in #accessory# individual or #group parking facilities#, #public parking garages# or #public parking lots#, where such #accessory# or #group parking facilities#, #public parking garages# or #public parking lots# were either completed on (date of enactment) or under construction on such date with the right to continue construction pursuant to Section 11-331.
Reservoir surplus
The initial #reservoir surplus# shall be 3,600 off-street parking spaces. The “reservoir surplus” shall be increased by:
(a) the aggregate number of off-street parking spaces in the #reservoir parking supply# for which a building permit has been issued, pursuant to the as-of-right regulations in effect subsequent to January 19, 2005, and before the (date of enactment);
(b) the number of off-street parking spaces in the #Hudson Yards parking regulations applicability area# above the ratios permitted in Section 93-821, either certified by the Chairperson pursuant to Sections 93-822, paragraph (c), or by City Planning Commission special permit, pursuant to Section 93-823; and
(c) the number of off-street parking spaces lawfully added in the #Hudson Yards parking regulations applicability area#, other than those permitted pursuant to this Section 93-80 et. seq., except for any increase by Board of Standards and Appeals variance that is counted as part of the #Hudson Yards development parking supply#;
The #reservoir surplus# shall be decreased by:
(a) the aggregate number of parking spaces counted at any time in the #reservoir parking supply#, that subsequently are:
(1) reduced through modification or discontinuance of the applicable Department of Consumer Affairs license or certificate of occupancy or otherwise cease operation permanently; or
(2) not constructed in accordance with the applicable building permit, as reflected in a modification of such building permit or the issuance of a certificate of occupancy for a reduced number of spaces; or
(b) the issuance of a certificate of occupancy for a #development# or #enlargement# providing a smaller number of spaces than allowed, pursuant to Section 93-821, to the extent of the difference between the number of #accessory# off-street parking spaces allowed, and the number provided. However, this paragraph shall not apply to Sites 2, 3, 4 and 5, as shown on Map 6 of Appendix A, and shall apply to no more than 200 #accessory# off-street parking spaces on Site 6 as shown on Map 6.
Substantial construction
“Substantial construction” shall mean the substantial enclosing and glazing of a new #building#
or of the #enlarged# portion of an existing #building#.
93-81
93-82
Required and Permitted Parking
All #Ddevelopments# or #enlargements# on #zoning lots# greater than 15,000 square feet in the #Hudson Yards parking regulations applicability area# may shall provide #accessory# parking spaces in accordance with the provisions of this Section. For #zoning lots# of 15,000 square feet or less, #accessory# parking spaces are permitted up to the maximum number allowed for required spaces as set forth in this Section. The provisions of Sections 36-52 (Size and Location of Spaces) and 36-53 (Location of Access to the Street) shall apply to all permitted #accessory# off-street parking spaces.
93-821
Permitted parking when the reservoir surplus is greater than or equal to zero
When the #reservoir surplus# is greater than or equal to zero, off-street parking spaces may be provided only in accordance with the provisions of this Section.
(a) Except in the Eastern Rail Yards Subarea A1, fFor #residences#, #accessory# off-street parking spaces shall may be provided for at least not more than 33 30 percent of the total number of #dwelling units#, except that where such #dwelling units# are comprised of #low income floor area#, #moderate income floor area# or #middle income floor area#, as defined in Section 23-911 of this Resolution government-assisted, pursuant to paragraph (e) of Section 25-25, #accessory# off-street parking spaces shall may be provided for at least 25 not more than eight percent of the total number of such #dwelling units#. In all areas, the total number of off-street parking spaces #accessory# to #residences# shall not exceed 40 percent of the total number of #dwelling units#. However, if the total number of #accessory# off-street parking spaces required for such #use# on the #zoning lot# is less than 15, no such spaces shall be required.
(b) Except in the Eastern Rail Yards Subarea A1, for #commercial# and #community facility uses#, a minimum of 0.30 #accessory# off-street parking spaces shall be provided for each 1,000 square feet of #floor area#, and not more than 0.325 off-street parking spaces shall be provided for every 1,000 square feet of #floor area#. However, if the total number of #accessory# off-street parking spaces required for such #uses# on the #zoning lot# is less than 40, no such spaces shall be required. No parking shall be required for houses of worship or #schools#.
(c) Except in the Eastern Rail Yards Subarea A1, the required and permitted amounts of #accessory# off-street parking spaces shall be determined separately for #residential#, #commercial# and #community facility uses#.
(b) For Use Group 5 #transient hotels#, the provisions of Section 13-131 shall apply with respect to the number of permitted #accessory# off-street parking spaces, provided that the number of such spaces does not exceed 0.16 for every 1,000 square feet of #floor area#.
(c) For Use Group 6B offices not more than 0.16 #accessory# off-street parking spaces may be provided for every 1,000 square feet of #floor area#.
(d) In the Eastern Rail Yard Subarea A1, no #accessory# off-street parking shall be required paragraphs (a) through (c) of this Section shall not apply, and any #accessory# off-street parking shall comply with the provisions of this paragraph, (d).
(1) For #residences#, #accessory# off-street parking spaces may be provided for not more than 40 percent of the total number of #dwelling units#.
(2) For #commercial# and #community facility uses#, not more than 0.325 #accessory# off-street parking spaces may be provided for every 1,000 square feet of #floor area#, provided that in no event shall the number of off-street parking spaces #accessory# to #commercial# or #community facility uses# exceed 350 spaces.
(3) In no event shall the total number of #accessory# off-street parking spaces for all #uses# exceed 1,000.
(e) The provisions of Sections 36-52 (Size and Location of Spaces) and 36-53 (Location of Access to the Street) shall apply to all permitted or required #accessory# off-street parking spaces.
The Department of Buildings shall not issue a building permit for any #accessory# offstreet parking pursuant to paragraphs (a) through (c) of this Section unless the Chairperson has certified that:
(1) The sum of the following is less than or equal to 5,084 spaces:
(i) the #reservoir surplus# or zero;
(ii) the #Hudson Yards development parking supply#; and
(iii) the number of spaces proposed to be added by the #development# or #enlargement# for which certification is sought; and
(2) The sum of the following is less than or equal to 5,905 spaces:
(i) all off-street parking spaces in the #Hudson Yards parking applicability area# that have been categorized, in accordance with the definition in Section 93-81, as part of the #reservoir parking supply#, less any such off-street parking spaces that have been categorized as decreasing the #reservoir surplus# in accordance with paragraph (a) of the second part of the definition of #reservoir surplus# in Section 93-81 ;
(ii) all off-street parking spaces in the #Hudson Yards parking applicability area# that have been categorized as increasing the #reservoir surplus# in accordance with paragraphs (b) and (c) of the first part of the definition of #reservoir surplus# in Section 93-81;
(iii) the #Hudson Yards Development Parking Supply#; and
(iv) the number of spaces proposed to be added by the #development# or #enlargement# for which certification is sought.
(3) Notwithstanding paragraphs (e) (1) and (2) of this Section, if the Chairperson determines that final certificates of occupancy have been issued by the Department of Buildings for all #buildings# shown in the site plan for the Eastern Rail Yards Subarea A1 as required by the provisions of Section 93-70, and that upon the completion of all such #buildings#, fewer than 1,000 #accessory# offstreet parking spaces have been provided in such subarea, any difference between the number of #accessory# off-street parking spaces provided in the Eastern Rail Yards Subarea A1, and 1,000, may be added to the limits of 5,084 and 5,905 spaces set forth in paragraphs (e) (1) and (2), respectively.
(4) Any certification granted by the Chairperson pursuant to this Section shall lapse after two years if #substantial construction# of the new #building# or of the #enlarged# portion of an existing #building# which includes the subject #accessory# off-street parking spaces has not occurred. In making a certification pursuant to this Section, the Chairperson shall not consider any prior certification or any special permit that has lapsed in accordance with the provisions of this Resolution.
93-822
Permitted parking when a reservoir deficit exists
When a #reservoir deficit# exists, additional off-street parking spaces may be provided in accordance with the provisions of this Section. However, this Section shall not apply in the Eastern Rail Yard Subarea A1:
(a) The number of permitted #accessory# off-street parking spaces for Use Group 5 hotels may exceed 0.16 for every 1,000 square feet of #floor area#, up to the number permitted by Section 13-131;
(b) The number of permitted #accessory# off-street parking spaces for Use Group 6B offices may be increased by up to 33 percent of the number permitted pursuant to Section 93-821, paragraph (b);
(c) The Department of Buildings shall not issue a building permit for any additional #accessory# off-street parking spaces permitted pursuant to this Section unless the Chairperson has certified that
(1) a #reservoir deficit# exists;
(2) the number of #accessory# off-street parking spaces in excess of the number permitted by Section 93-821 proposed to be added by the #development# or #enlargement# for which certification is sought, does not exceed such #reservoir deficit#; and
(3) such additional #accessory# off-street parking spaces, when added to the sum of the parking spaces specified in subparagraphs (i), (ii) and (iii) of paragraph (e)(2) of Section 93-821 does not exceed 5,905 spaces, except insofar as the limit of 5,905 spaces set forth in paragraph (e) (2) has been adjusted pursuant to the provisions of paragraph (e) (3) of Section 93-821.
(d) Any certification granted by the Chairperson pursuant to this Section shall lapse after two years if #substantial construction# of the new #building# or of the #enlarged# portion of an existing #building# which includes the subject #accessory# off-street parking spaces has not occurred. In making a certification pursuant to this Section, the Chairperson shall not consider any prior certification or any special permit that has lapsed in accordance with the provisions of this Resolution.
93-823
Parking permitted by special permit
When a #reservoir deficit# exists, the City Planning Commission may allow, by special permit, Use Group 6B offices to exceed the number of #accessory# off-street parking spaces permitted by Section 93-822, in accordance with the provisions of Section 13-561, except that finding (a) of Section 13-561 shall not apply. In addition, the Commission shall find that the number of #accessory# off-street parking spaces in excess of the number permitted by Section 93-821, proposed to be added by the #development# or #enlargement# that is the subject of the application under review, does not exceed the #reservoir deficit#; and that such additional #accessory# off-street parking spaces, when added to the sum of the parking spaces specified in subparagraphs (i), (ii) and (iii) of paragraph (e)(2) of Section 93-821 does not exceed 5,905 spaces, except insofar as the limit of 5,905 spaces set forth in paragraph (e) (2) has been adjusted pursuant to the provisions of paragraph (e) (3) of Section 93-821. In making such finding, the Commission shall not consider any prior certification or any special permit that has lapsed in accordance with the provisions of this Resolution.
93-824
Publication of data
The Department of City Planning shall make available, in a form easily accessed by the public, regularly updated calculations of the current #Hudson Yards development parking supply#, #reservoir parking supply#, spaces described in Section 93-821(e)(2)(i) and (ii), and #reservoir surplus# or #reservoir deficit#, as applicable.
93-82
93-83
Use and Location of Parking Facilities
The provisions of this Section shall apply to all off-street parking spaces within the #Special Hudson Yards District#.
(a) All off-street parking spaces #accessory# to #residences# shall be used exclusively by the occupants of such #residences#. Except in the Eastern Rail Yard Subarea A1, aAll #accessory# off-street parking spaces #accessory# to Use Group 5 #transient hotels# and Use Group 6B offices may be made available for public use. However, any such space shall be made available to the occupant of a #residence# to which it is #accessory# within 30 days after written request therefore is made to the landlord. Furthermore, if #accessory# and public parking spaces are provided on the same #zoning lot#, all such spaces shall be located within the same parking facility. However, such regulations are modified in the following areas:
(1) in C1-7A Districts and in C2-5 Districts mapped within R8A Districts, all #accessory# off-street parking spaces shall be used exclusively by the occupants of the #residential development#, #enlargement# or conversion. Where a parking facility is located partially within a C2-5 District mapped within an R8A District and partially within another district, all such #accessory# off-street parking spaces may be made available for public use provided more than half of the floor space of the parking facility is located outside the C2-5 District mapped within an R8A District; or
(2) in the Eastern Rail Yards Subarea A1, any #accessory# parking spaces shall be exclusively for #uses# located in the Subarea.
(b) All #accessory# off-street parking spaces may be provided within parking facilities on #zoning lots# other than the same #zoning lot# as the #uses# to which they are #accessory#, provided:
(1) such parking facilities are located within a C2-8 or C6-4 District within the #Special Hudson Yards District#, or within the 42nd Street Perimeter Area of the #Special Clinton District# or within Area P-2 of the #Special Garment Center District#;
(2) the off-street parking space within such facility is counted only once in meeting the parking requirements for a specific #zoning lot#; and
(3) the number of parking spaces within such facility shall not exceed the combined maximum number of spaces permitted on each #zoning lot# using such facility, less the number of any spaces provided on such #zoning lots#. The provisions of Section 13-141 (Location of accessory off-street parking spaces), inclusive, shall apply.
(c) All off-street parking spaces shall be located within facilities that, except for entrances and exits, are:
(1) entirely below the level of any #street# or publicly accessible open area upon which such facility, or portion thereof, fronts; or
(2) located, at every level above-grade, behind commercial, community facility or #residential floor area# so that no portion of such parking facility is visible from adjoining #streets# or publicly accessible open areas.
93-8231
Authorization for above-grade parking
The City Planning Commission may authorize parking facilities that do not comply with the provisions of paragraph (c) of Section 93-823 (Use and Location of Parking Facilities) and may authorize floor space used for parking and located above a height of 23 feet to be exempt from the definition of #floor area#, provided that:
(a) below-grade parking has been provided to the fullest extent feasible, and such above-grade facility is necessary due to subsurface conditions such as the presence of bedrock, railroad rights-of-way or other conditions that impose practical difficulties for the construction of below-grade parking facilities;
(b) the scale of the parking facility is compatible with the scale of #buildings# in the surrounding area;
(c) the materials and articulation of the #street wall# of the parking facility is compatible with #buildings# in the surrounding area;
(d) the ground floor level of such parking facilities that front upon #streets# is occupied by #commercial#, #community facility# or #residential uses# that activate all such adjoining #streets#, except at the entrances and exits to the parking facility. Where site planning constraints make such #uses# infeasible, the parking facility shall be screened from adjoining #streets# or public access areas with a densely planted buffer strip at least 10 feet deep. Where such screening is not desirable, such ground floor wall of the parking facility shall be articulated in a manner that provides visual interest;
(e) any floor space above the ground floor level utilized for parking is located, to the greatest extent feasible, behind #commercial#, #community facility# or #residential floor area# so as to minimize the visibility of the parking facility from adjoining #streets# or public access areas. Any exterior wall of the parking facility visible from an adjoining #street# or public access area shall be articulated in a manner that is compatible with #buildings# in the surrounding area;
(f) for portions of parking facilities that are visible from #streets#, publicly accessible open areas or nearby properties, interior lighting and vehicular headlights are shielded to minimize glare on such #streets#, public access areas or properties; and
(g) the location of vehicular entrances and exits will not unduly inhibit surface traffic and pedestrian flow.
The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.
93-83 93-84
Curb Cut Restrictions
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93-831 93-841
Curb cut restrictions in the Large-Scale Plan Subdistrict A
* * *
93-832 93-842
Curb cut restrictions in the Farley Corridor Subdistrict B
* * *
93-84 93-85
Authorization for Additional Curb Cuts
* * *
Appendix A
Special Hudson Yards District
* * *
Map 6 - Sites for which Special Parking Regulations Apply
Map 6 7 - Subdistrict F Site Plan
Map 7 8 - Subdistrict F Public Access Area Plan
Map 8 9 - Subdistrict F Mandatory Ground Floor Requirements
Map 9 10 - Subdistrict F Mandatory Street Wall Requirements
Article IX - Special Purpose Districts
Chapter 6
Special Clinton District
* * *
Appendix A
Special Clinton District Map
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* * *
Adopted.
Office of the City Clerk, }
The City of New York, } ss.:
I hereby certify that the foregoing is a true copy of a Resolution passed by The Council of The City of New York on April 14, 2010, on file in this office.
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City Clerk, Clerk of The Council