THE COUNCIL OF THE CITY OF NEW YORK
RESOLUTION NO. 830
Resolution approving the decision of the City Planning Commission on Application No. N 110193 ZRM, for an amendment of the Zoning Resolution of the City of New York, concerning arcades within the Special Lower Manhattan District in Community District 1, Borough of Manhattan (L.U. No. 375).
By Council Members Comrie and Weprin
WHEREAS, the City Planning Commission filed with the Council on April 15, 2011 its decision dated April 13, 2011 (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 text of the Zoning Resolution of the City of New York, to create Section 91-80 (Public Access Areas) of the Zoning Resolution and modify existing requirements to keep arcades free and clear and allow moveable tables and chairs. The text would modify the Special Lower Manhattan District and apply to arcades along and nearby Water Street in Lower Manhattan, (Application No. N 110193 ZRM), Community District 1, 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 May 3, 2011;
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 January 24, 2011 (CEQR No. 11DCP075M);
RESOLVED:
The Council finds that the action described herein will have no significant impact 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 110193 ZRM, incorporated by reference herein, the Council approves the Decision.
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 in underline is new, to be added;
Matter in strikeout is to be deleted;
Matter with # # is defined in Section 12-10;
* * * indicates where unchanged text appears in the Zoning Resolution
Article IX: Special Purpose Districts
Chapter 1: Special Lower Manhattan District
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91-03
District Maps
District maps are located in Appendix A of this Chapter and are hereby incorporated and made an integral part of this Resolution. They are incorporated for the purpose of specifying locations where special regulations and requirements, as set forth in the text of this Chapter, apply.
Map 1 Special Lower Manhattan District
Map 2 Street Wall Continuity Types 1, 2A, 2B & 3
Map 3 Street Wall Continuity Types 4 & 5
Map 4 Designated Retail Streets
Map 5 Curb Cut Prohibitions
Map 6 South Street Seaport Subdistrict (Section 91-63)
Map 7 Subway Station Improvement Areas
Map 8 Public Access Modification Areas
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91-80
PUBLIC ACCESS AREAS
91-81
Certification to modify existing arcades in certain areas
For the purposes of this Section, ‘arcade’ shall refer to an #arcade# or #through block arcade# provided in accordance with the provisions of Sections 12-10 (DEFINITIONS) and 37-80 (ARCADES); or an arcade provided in accordance with paragraph (a) of Section 37-53 (Design Standards for Pedestrian Circulation Spaces); or an open space provided on a #zoning lot# between the #building street wall# and the #street line# where tables and chairs would otherwise not be allowed as permitted obstructions.
The provisions of this Section shall apply to existing #buildings# providing an arcade within the boundary designated by Map 8 in Appendix A of this Chapter.
Any underlying provisions restricting the placement of tables and chairs within such arcades may be modified where the Chairperson of the City Planning Commission certifies to the Commissioner of Buildings that such modifications are consistent with the provisions of this Section, as follows:
(a) Tables and chairs
Publicly accessible tables and chairs and outdoor cafes, as well as shade umbrellas and other furnishings, shall be permitted obstructions within an arcade, provided that such obstructions comply with the provisions listed in paragraphs (a) and (b) of this Section, as applicable.
Tables or chairs provided within an arcade shall be moveable and shall not contain any plastic material.
Where an outdoor cafe is provided, it shall be a permanently unenclosed establishment and may have waiter or table service.
(1) Number and size of tables and chairs
A minimum of four tables and sixteen chairs shall be provided within an arcade.
(i) Publicly accessible tables and chairs
Publicly accessible tables, and related chairs, shall constitute a minimum of 40 percent of the total number of tables provided within an arcade. Fractions equal to or greater than one-half resulting from such calculation shall result in one additional table. Every publicly accessible table required by such calculation shall be required to have four chairs.
All tables shall have a minimum diameter of two feet. All publicly accessible chairs shall have seat backs, and the seats shall have a minimum depth of twelve inches and a maximum depth of 20 inches.
(ii) Outdoor cafe
Outdoor cafe tables, and related chairs, shall constitute a maximum of 60 percent of the total number of tables provided within an arcade. Fractions equal to or greater than one-half resulting from such calculation shall result in one additional table.
(2) Location restrictions and other prohibitions
Tables or chairs shall not be permitted within five feet of any #building# entrance. For arcades with a depth of ten feet or less, as measured from the column face furthest from the #street line# to the #street wall#, a clear pedestrian circulation pathway not less than three feet shall be provided. For arcades with a depth greater than ten feet, such required clear pedestrian pathway shall be increased to at least six feet. In addition, for #through block arcades#, a continuous clear path of ten feet shall be provided, connecting each #street# on which the public access area fronts.
(i) Publicly accessible tables and chairs
For arcades located on a #zoning lot# with frontage along Water Street, at least half of all publicly accessible tables and chairs shall be located within 25 feet of the Water Street #street line#.
(ii) Outdoor cafe
Outdoor cafes shall be located at the same elevation as the adjoining sidewalk area or #publicly accessible open area#, except that platforms that do not exceed a height of six inches may be provided.
Fences, planters, walls, fabric dividers or other barriers that separate outdoor cafe areas from other portions of the arcade, or adjacent sidewalks or #publicly accessible open areas# shall be prohibited. No kitchen equipment shall be installed within an outdoor cafe.
(3) Hours of operation
(i) Publicly accessible tables and chairs
Tables and chairs shall not be chained, fixed, or otherwise secured during the hours of 7:00 am to 9:00 pm. However, during the hours of 9:00 pm to 7:00 am such tables and chairs may be removed, or secured within the arcade.
Where publicly accessible tables and chairs and outdoor cafes are provided within an arcade, such publicly accessible tables and chairs shall be subject to the hours of operation of an outdoor cafe, as set forth in paragraph (a)(3)(ii) of this Section.
(ii) Outdoor cafe
Outdoor cafes must be in operation and provide service a minimum of 225 days per year.
All furnishings of an outdoor cafe, including tables, chairs, bussing stations, and heating lamps, shall be completely removed from the arcade when the outdoor cafe is not in active use, except that tables and chairs may remain in such arcade if they are unsecured and may be used by the public without restriction.
(4) Locating publicly accessible tables and chairs within an adjacent #publicly accessible open area#
Where tables and chairs are provided in an arcade located on the same #zoning lot# as an existing #publicly accessible open area# that fronts upon Water Street, the Chairperson of the City Planning Commission may certify that publicly accessible tables and chairs, provided pursuant to paragraph (a)(2)(i) of this Section, may be located within such a #publicly accessible open area#.
The area within such #publicly accessible open area# occupied by publicly accessible tables and chairs provided pursuant to this paragraph, (a)(4), shall not be included in calculating the maximum #lot coverage# which permitted obstructions may occupy within such #publicly accessible open area#, where applicable.
Such publicly accessible tables and chairs shall not constitute a design change pursuant to the provisions of Section 37-62 (Changes to Existing Publicly Accessible Open Areas), provided the Chairperson finds that:
(i) no more than 50 percent of the publicly accessible tables and chairs required to be within 25 feet of the Water Street #street line#, pursuant to paragraph (a)(2)(i)of this Section, shall be located within such #publicly accessible open area#. However, where the entirety of an arcade is located beyond 25 feet of the Water Street #street line#, the entirety of the publicly accessible tables and chairs required to be within 25 feet of such #street line#, pursuant to paragraph (a)(2)(i) above, may be located within such #publicly accessible open area#;
(ii) such publicly accessible tables and chairs shall in no event constitute required seating for such existing #publicly accessible open area#; and
(iii) such publicly accessible tables and chairs comply with the hours of operation provisions of paragraph (a)(3) of this Section.
Any proposed design change to an existing #publicly accessible open area# beyond the findings permitted in this Section shall be subject to the requirements of Section 37-62.
(b) Litter receptacles
Litter receptacles shall be permitted obstructions within an arcade pursuant to the provisions set forth in Section 37-744 (Litter receptacles).
In order to certify that the proposed modification to an existing arcade is consistent with the provisions of this Section, the applicant shall submit to the Chairperson, a site plan demonstrating the proposed obstructions within the existing arcade, and where applicable, the adjacent #publicly accessible open area#; and a detailed seating plan illustrating compliance with paragraph (a) of this Section.
All plans for arcades or other #publicly accessible open areas# that are the subject of a certification pursuant to this Section shall be filed and duly recorded in the Office of the City Register of the City of New York, indexed against the property in the form of a legal instrument, in a form satisfactory to the Chairperson, providing notice of the certification of the arcade, pursuant to this Section. Such filing and recording of such instrument shall be a precondition to certification. The recording information shall be included on the certificate of occupancy for any #building#, or portion thereof, on the #zoning lot# issued after the recording date.
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Appendix A
District Maps
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Map 8
Public Access Modification Areas
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 May 11, 2011, on file in this office.
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City Clerk, Clerk of The Council