THE COUNCIL OF THE CITY OF NEW YORK
RESOLUTION NO. 1626
Resolution approving the decision of the City Planning Commission on Application No. N 210132 ZRK, for an amendment of the text of the Zoning Resolution (Preconsidered L.U. No. 768).
By Council Members Salamanca and Moya
WHEREAS, the New York City Department of City Planning filed an application pursuant to Section 201 of the New York City Charter, for an amendment of the text of the Zoning Resolution of the City of New York, modifying Article IX, Chapter 4 (Special Sheepshead Bay District) to facilitate flood-resilient construction and open space design, in the Sheepshead Bay neighborhood of Brooklyn Community District 15 (Application No. N 210132 ZRK) (the “Application”);
WHEREAS, the City Planning Commission filed with the Council on March 26, 2021, its decision dated March 17, 2021 (the “Decision”), on the Application;
WHEREAS, the Decision is subject to review and action by the Council pursuant to Section 197-d of the City Charter;
WHEREAS, upon due notice, the Council held a public hearing on the Decision and Application on April 5, 2021;
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 October 19th, 2020 (CEQR No. 21DCP050K) (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 210132 ZRK, incorporated by reference herein, and the record before the Council, the Council approves the Decision of the City Planning Commission.
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 IX
SPECIAL PURPOSE DISTRICTS
* * *
Chapter 4
Special Sheepshead Bay District (SB)
94-00
GENERAL PURPOSES
The “Special Sheepshead Bay District,” established in this Resolution, is designed to promote and protect public health, safety, general welfare and amenity. These general goals include, among others, the following specific purposes:
(a) to promote and strengthen the unique character of the “Special Sheepshead Bay District” area as a prime location for waterfront-related commercial and recreational development and to help attract a useful cluster of shops, restaurants and related activities, which will complement and enhance the area as presently existing;
(b) to encourage the provision of housing with appropriate amenities in areas suitable for residential development;
(c) to improve vehicular and pedestrian circulation patterns by requiring limited curb cuts and uniform sidewalk widening, and encouraging the provision of public open space and other amenities as a related part of new development;
(d) to provide an incentive for redevelopment of the area in a manner consistent with the foregoing objectives which are integral elements of the Comprehensive Plan of the City of New York; and
(e) to facilitate flood-resilient construction and open space design to reduce the potential for property damage and disruption from regular flood events; and
(e)(f) to promote the most desirable use of land in this area and thus to conserve the value of land and thereby protect the City's tax revenues.
* * *
94-07
Mandatory Provisions
* * *
94-071
Sidewalk extension area
All #developments# which are located on a #zoning lot# with frontage along Emmons Avenue, Sheepshead Bay Road, Ocean Avenue, Bedford Avenue or Nostrand Avenue shall contain a sidewalk extension area, which complies with the following requirements:
(a) has a minimum depth of five feet, measured perpendicular to such #street lines#;
(b) extends the full length of the #zoning lot# along such #street lines#, except for existing #buildings# within five feet of the #street line#;
(c) is open and unobstructed from its lowest level to the sky;
(d) maintains continuity with the established sidewalk, to which it shall be immediately adjacent throughout its entire length;
(e) is available for public use at all times; and
(f) has a paved surface which complies with standards as established by the New York City Department of Transportation.
No sidewalk extension area shall be required along any portion of a #street line# where a plaza is provided in accordance with the provisions of Sections 94-072 (Special plaza provisions) or 94-081 (Plaza bonus).
94-072
Special plaza provisions
In Areas A, C and E, all #developments# that are located on a #zoning lot# with frontage along Emmons Avenue, except for a #zoning lot# of less than 8,000 square feet that was in existence as of November 1, 1972, shall provide and maintain a plaza for public use which complies with the following requirements:
(a) The plaza shall #abut# the Emmons Avenue #street line# along the full length of such #lot line# or for a distance of at least 50 feet, whichever is less.
(b) The plaza shall be directly accessible to the public at all times from Emmons Avenue or an #arcade# or a plaza.
(c) The size of the plaza shall be at least 4,000 square feet in one location and shall not at any point be more than two feet below or five feet above #street# level, with a minimum dimension of 35 feet, and shall comply with the provisions of Section 94-20 (DESIGN REQUIREMENTS FOR PLAZAS). At least 15 percent of the plaza area shall be landscaped and planted with trees, except, when a #zoning lot abutting# both Dooley Street and Emmons Avenue is #developed#, such landscaping shall be at least 75 percent of the total plaza area provided with such #development#.
(d) The plaza shall contain lighting, pedestrian walks and sitting areas.
(e) No portion of a plaza area shall be used for parking or driveways.
(f) A plaza may include as permitted obstructions, sculptures, kiosks, or open cafes occupying in the aggregate not more than 30 percent of the total plaza area. Ice skating rinks are also allowed as permitted obstructions within such plazas only for the months from October through March, provided the minimum area of such plaza is 7,500 square feet. Exterior wall thickness, awnings and other sun control devices, pursuant to Section 37-726, shall also be allowed as permitted obstructions.
94-08
Special Floor Area Bonus Provisions
* * *
94-081
Plaza bonus
In Areas A, C, D or E, any #development# on a #zoning lot# with a minimum area of 20,000 square feet which complies with the mandatory provisions of Section 94-07 (Mandatory Provisions) shall be eligible for a #floor area# bonus at the rate of 3.5 square feet of #floor area# for every square foot of plaza area.
In Areas A, C, D, E and F, any #development# on a #zoning lot# which provides and maintains a plaza for public use shall be eligible for a #floor area# bonus, in accordance with the following provisions:
(a) the #development# shall contain a minimum area of 20,000 square feet;
(b) the plaza shall comply with the following minimum area requirements:
(1) in Areas A, C, D and E, the plaza shall be at least 4,000 square feet in one location, with a minimum dimension of 35 feet;
(2) in Area F, the plaza shall be at least 5,000 square feet in one location, with a minimum dimension of 50 feet;
(c) the plaza shall not be located within 30 feet of the Leif Ericson Drive service road;
(d) the plaza shall comply with the provisions of Section 94-20 (DESIGN REQUIREMENTS FOR PLAZAS); and
(e) the #development# shall be eligible for a #floor area# bonus as follows:
(1) in Areas A, C, D, and E, the #floor area# bonus shall be at a rate of 3.5 square feet of #floor area# for every square foot of plaza area;
(2) in Area F, the #floor area# bonus shall be at a rate of one square foot of #floor area# for every two square feet of plaza area.
94-082
Arcade bonus
Special parking bonus
[Note: Existing text to be deleted]
In Areas A, C, D or E, any #development# located on a #zoning lot# with a #lot line# which coincides with any of the following #street lines#: Sheepshead Bay Road, Ocean Avenue or Emmons Avenue, shall be eligible for a #floor area# bonus at the rate of three square feet of #floor area# for every square foot of #arcade# space, as defined in Section 12-10, except that:
(a) #arcades# shall be allowed only along the #street lines# described above and plazas;
(b) the #arcade# may project or set back from the facade of a #building#;
(c) the #arcade# shall not be less than 10 feet or more than 15 feet in depth;
(d) the #arcade# shall be suitably heated for the months from October through March; and
(e) no #signs# may be affixed to any part of the #arcade# or #building# columns, except on a parallel to the #building# wall projecting no more than 12 inches therefrom.
[Note: Text moved from Section 94-083]
In Areas C, D or E, any #development# on a #zoning lot# with a minimum area of 20,000 square feet shall be eligible for a #floor area# bonus at the rate of one square foot of #floor area# for every square foot of #accessory commercial# parking space above the minimum amount required by the underlying district regulations and made available for daily long-term parking.
To be eligible for a #floor area# bonus under the provisions of this Section, there shall be at least five additional parking spaces provided and the size of each parking space shall be at least 300 square feet. In no event shall the dimension of any parking stall be less than 18 feet long and 8 feet, 6 inches wide.
94-083
Special parking bonus
[Note: Existing text moved to Section 94-082]
In Areas C, D or E, any #development# on a #zoning lot# with a minimum area of 20,000 square feet shall be eligible for a #floor area# bonus at the rate of one square foot of #floor area# for every square foot of #accessory commercial# parking space above the minimum amount required by the underlying district regulations and made available for daily long-term parking.
To be eligible for a #floor area# bonus under the provisions of this Section, there shall be at least five additional parking spaces provided and the size of each parking space shall be at least 300 square feet. In no event shall the dimension of any parking stall be less than 18 feet long and 8 feet, 6 inches wide.
94-084
Usable open space bonus
[Note: Existing text moved to Section 94-081 and modified]
In Area F, any #development# on a #zoning lot# with a minimum area of 20,000 square feet shall be eligible for a #floor area# bonus at the rate of one square foot of #floor area# for every two square feet of usable open space. The minimum size of such usable open space on a #zoning lot# shall be 5,000 square feet with a minimum dimension of 50 feet. The usable open space shall be suitably maintained and shall contain landscaping, planting, lighting, sitting areas and, where appropriate, play areas for children. Such usable space shall be located no more than two feet below or five feet above the #curb level#. No portion of the usable open space shall be provided within 30 feet of the Leif Ericson Drive service road, and no portion of the usable open space shall be used for parking or driveways.
* * *
94-11
Special Parking Provisions
* * *
94-113
Treatment of parking areas
Any parking facilities in the Special District that are not completely enclosed shall be screened by shrubbery at least three feet high at the time of planting and expected to form a year-round dense screen at least five feet high within three years. When roof parking is provided, it shall be screened where it is visible from a #street#, or plaza or public usable open space.
* * *
94-115
Location of commercial parking spaces
In Area F, #accessory# off-street parking spaces for #commercial uses# may be located outside the commercially zoned area but within 600 feet of the #building# to which it is #accessory#, only if an area equal to the #lot area# occupied by the parking in the #residential# area is provided as a #public plaza# plaza in the commercially zoned area to which the parking is #accessory#.
* * *
94-20
DESIGN REQUIREMENTS FOR PLAZAS
Where a plaza within the #Special Sheepshead Bay District# is provided in accordance with the provisions of this Chapter, such plaza shall comply with the applicable minimum design standards set forth in this Section.
(a) Design criteria
(1) Basic design criteria
Plazas shall comply with the standards set forth in paragraphs (a) and (b) of Sections 37-715 (Requirements for major portions of public plazas), 37-716 (Requirements for minor portions of public plazas), and 37-718 (Paving).
(2) Access and circulation
Plazas shall meet the requirements set forth in Section 37-721 (Sidewalk frontage), and Sections 37-723 (Circulation paths) through 37-726 (Permitted obstructions), inclusive. Hours of access shall be governed by Section 37-727 (Hours of access). Accessibility for persons with disabilities shall be provided in compliance with Section 37-728 (Standards of accessibility for persons with disabilities).
Plazas shall be located no lower than #curb level#.
(3) Kiosks and open air cafes
Kiosks or open air cafes shall meet the operational and service requirements as set forth in paragraphs (a) and (b) of Section 37-73 (Kiosks and Open Air Cafes), as applicable. In addition, kiosks may be placed on plazas upon certification by the Chairperson of the City Planning Commission as set forth in paragraph (c) of Section 37-73.
(4) Seating
Seating shall meet the minimum and maximum dimensional standards set forth in paragraphs (1) through (7) of Section 37-741 (Seating).
(5) Planting and trees
Plazas shall provide planting areas in compliance with Section 37-742 (Planting and trees). All planted areas shall consist of salt-tolerant species recommended by the Department of Parks and Recreation.
(6) Lighting and electrical power
All plazas shall provide lighting and electrical power pursuant to the standards set forth in Section 37-743 (Lighting and electrical power).
(7) Litter receptacles
All plazas shall provide litter receptacles pursuant to the standards set forth in Section 37-744 (Litter receptacles).
(8) Bicycle parking
All plazas shall provide bicycle parking pursuant to the standards set forth in Section 37-745 (Bicycle parking).
(9) Drinking fountains
A minimum of one drinking fountain shall be provided in all plazas.
(10) Signs
All plazas shall provide entry and information plaques that contain the words “Open to the public” and information regarding the hours of access. Prohibition and accessory signage may be provided pursuant to the standards set forth in Sections 37-752 (Prohibition signs) and 37-753 (Accessory signs).
(b) Maintenance
The owner shall be responsible for the maintenance of all plazas, including, but not limited to, litter control, management of pigeons and rodents, maintenance of required lighting levels, and the care and replacement of furnishings and vegetation within the #zoning lot#.
(c) Compliance
Plazas shall be governed by the compliance requirements of Section 94-13 (Certification).
Appendix A
Special Sheepshead Bay District Map
[EXISTING MAP]
[PROPOSED MAP]
* * *
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 _________, 2021, on file in this office.
.....................................................
City Clerk, Clerk of The Council