THE COUNCIL OF THE CITY OF NEW YORK
RESOLUTION NO. 1593
Resolution approving the decision of the City Planning Commission on Application No. N 170286 ZRM, for an amendment of the Zoning Resolution of the City of New York, concerning Article IX, Chapter 1 (Special Lower Manhattan District) relating to regulations allowing a floor area bonus for public plazas in Community District 1, Borough of Manhattan (L.U. No. 684).
By Council Members Greenfield and Richards
WHEREAS, the City Planning Commission filed with the Council on June 12, 2017 its decision and report dated June 7, 2017 (the "Decision"), pursuant to Section 201 of the New York City Charter, regarding an application submitted by Lightstone Acquisitions X, LLC, for an amendment of the text of the Zoning Resolution of the City of New York, concerning Article IX, Chapter 1 (Special Lower Manhattan District) relating to regulations allowing a floor area bonus for public plazas in Manhattan Community District 1. The text amendment would expand the applicability of the public plaza bonus for developments and enlargements located within C6-4 districts of the Special Lower Manhattan District, provided that the public plaza is located more than 50 feet from a street where street wall or retail continuity is required, (Application No. N 170286 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 June 20, 2017;
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, including the negative declaration issued March 6, 2017 (CEQR No. 17DCP124M) (the “Negative Declaration”);
RESOLVED:
The Council finds that the action described herein will have no significant impact on the environment as set forth in the Negative Declaration.
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 the report, N 170286 ZRM, incorporated by reference herein, the Council approves the Decision as follows:
Matter underlined is new, to be added;
Matter struck out is to be deleted;
Matter within # # is defined in Section 12-10;
* * * indicates where unchanged text appears in the Zoning Resolution
Article III - Commercial District Regulations
Chapter 7
Special Urban Design Regulations
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37-713
Locational restrictions
No #public plaza#, or portion thereof, shall be located within 175 feet of an existing #publicly accessible open area# or #public park# as measured along the #street line# on which the existing amenity fronts if the #public plaza# is to be located on the same side of the #street#, or as measured along the directly opposite #street line# if the #public plaza# is to be located on the other side of the #street#. Such distance shall include the width of any #street# that intersects the #street# on which the amenity fronts. However, such location restriction may be waived if the #public plaza# is located directly across the #street# from the existing #publicly accessible open area# or #public park# and if the Chairperson of the City Planning Commission finds that the location of the #public plaza# at such location would create or contribute to a pedestrian circulation network connecting the two or more open areas.
Additional provisions regarding the location of a #public plaza# are set forth in the #Special Midtown District#, the #Special Lower Manhattan District#, and the #Special Downtown Brooklyn District#.
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Article IX - Special Purpose Districts
Chapter 1
Special Lower Manhattan District
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91-24
Floor Area Bonus for Public Plazas
The maximum permitted #floor area# on a #zoning lot# may be increased, in accordance with the following regulations, where a #public plaza# is provided that meets the requirements of Section 37-70 (Public Plazas):
(a) A #floor area# bonus for a #public plaza# shall not only be permitted for any a #development# or #enlargement# that is located within:
(1) outside the Historic and Commercial Core;
(2) outside the South Street Seaport Subdistrict; or
(3) beyond 50 feet of a #street line# of a designated #street#, except in C6-4 Districts, on which:
(i) retail continuity is required, pursuant to Section 91-41 (Regulations for Designated Retail Streets); or
(ii) #street wall# continuity is required, pursuant to the regulations for Type 1 or Type 2A #street walls# pursuant to Section 91-31 (Street Wall Regulations).
(b) Within a C6-4 District, paragraph (a)(3) of this Section shall not apply to the location of a #development# or #enlargement#; however, a #floor area# bonus for a #public plaza# shall be permitted, provided that such #public plaza# is located beyond 50 feet of the designated #streets# referenced in paragraph (a)(3) of this Section.
(b)(c) For each square foot of a #public plaza#, the basic maximum #floor area# permitted by Section 91-22 (Floor Area Increase Regulations) may be increased, in C6-4 Districts, by six square feet, to a maximum #floor area# ratio of 12.0 and, in C5-3, C5-5 and C6-9 Districts, by ten square feet, to a maximum #floor area# ratio of 18.0.
(c)(d) When a #public plaza# that meets the requirements for a #floor area# bonus is located on a #zoning lot# divided by a district boundary, the bonusable #floor area# may be credited to either portion of the #zoning lot#, notwithstanding the location of the #public plaza# or the date of the creation of the #zoning lot#. The amount of bonusable #floor area# permitted on either portion of the #zoning lot# shall not exceed the maximum amount of #floor area# permitted on such portion if it were a separate #zoning lot# subject to all other provisions of Article VII, Chapter 7.
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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 July 20, 2017, on file in this office.
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City Clerk, Clerk of The Council