THE COUNCIL OF THE CITY OF NEW YORK
RESOLUTION NO. 84
Title
Resolution approving the decision of the City Planning Commission on Application No. N 020062 ZRM, an amendment to the text of the Zoning Resolution regarding Section 91-30 (Height and setback and lot coverage regulations), to eliminate Section 91-311 (Modification of Streetwall regulations) and to establish Section 91-35 (Modification of Streetwall, Setback, Lot Coverage, and Maximum Horizontal Dimension Regulation) of the Special Lower Manhattan District (Article IX, Chapter 1), Manhattan (L.U. No. 82).
Body
By Council Members Katz and Avella
WHEREAS, the City Planning Commission filed with the Council on January 29, 2002 its decision dated January 23, 2002 (the "Decision"), on the application submitted by Liberty Street Realty, L.L.C., pursuant to Section 201 of the New York City Charter, for an amendment to the text of the Zoning Resolution (Application No. N 020062 ZRM) (the "Application");
WHEREAS, the Application is related to Applications Number C 020063 ZSM (L.U. No. 83), special permit pursuant to Section 91-35 of the Zoning Resolution; C 020064 ZSM (L.U. No. 84), special permit pursuant to Sections 13-562 and 74-52 of the Zoning Resolution; and C 020065 ZSM (L.U. No. 85), special permit pursuant to Section 74-91 of the Zoning Resolution;
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 February 12, 2002;
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 Conditional Negative Declaration, issued on December 17, 2001 (CEQR No. 02DCP010M);
RESOLVED:
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Pursuant to Sections 197-d and 200 of the City Charter and on the basis of the Decision and Application the Council approves the Decision; and
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 underlined graytone is new, to be added;
Matter in strikeout is old, to be deleted;
Matter within # # is defined in Section 12-10;
* * * indicates where unchanged text appears in the Zoning Resolution
* * *
91-30
HEIGHT AND SETBACK AND LOT COVERAGE REGULATIONS
* * *
91-311
Modification of streetwall regulations
Within the #Special Lower Manhattan District#, the City Planning Commission, by special permit, may modify the locational requirements and minimum base heights of Section 91-31 (Street Wall Regulations), provided that the Commission finds such change will.
(a) produce an improved site plan consistent with existing scale and #street* configuration patterns;
(b) enhance pedestrian circulation by providing pedestrian amenities that relieve sidewalk congestion; and
(c) ensure a more harmonious relationship between the #development# and the surrounding area.
* * *
91-35
Modification of Street Wall, Setback, Lot Coverage, and Maximum Horizontal Dimension Regulations
The City Planning Commission, by special permit, may modify:
(a) the #street wall# location requirements and minimum base heights of Section 91-31 (Street Wall Regulations);
(b) the setback requirements of Section 91-32 (Setback Regulations); and
(c) where such #zoning lots# contain #buildings# existing on December 15, 1961, that exceed a height of 300 feet, the #lot coverage# regulations of Section 91-33 (Lot Coverage Regulations) and the maximum horizontal dimension set forth in Section 91-34 (Maximum Horizontal Dimension for Tall Buildings), provided such modifications are limited to that portion of the #development# or #enlargement# between 300 and 325 feet in height, and provided the #lot coverage# of such portion does not exceed 55 percent;
The Commission shall find that:
(1) such modifications will result in a site plan consistent with existing scale and streetscape patterns;
(2) such modifications will ensure a harmonious relationship between the #development# and the surrounding area;
(3) such #street wall# modifications will enhance pedestrian circulation by providing pedestrian amenities that relieve sidewalk congestion;
(4) such setback, #lot coverage# or horizontal dimension modifications will not unduly obstruct access to light and air to surrounding #streets# and properties; and
(5) such setback, #lot coverage# or horizontal dimension modifications will result in a built form that maintains an appropriate relationship between tower and base portions of the #development#.
The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.
* * *
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 February 27, 2002, on file in this office.
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City Clerk, Clerk of the Council
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N 020062 ZRM
Reso. No. 84 (L.U. No. 82)
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