THE COUNCIL OF THE CITY OF NEW YORK
RESOLUTION NO. 1689
Resolution approving the decision of the City Planning Commission on Application No. N 080382 ZRQ, for amendments of the Zoning Resolution of the City of New York, concerning the addition of Article XII, Chapter 4 (Special Willets Point District), and modifications of related sections, establishing a special district in Community District 7, Borough of Queens (L.U. No. 781).
By Council Members Katz and Avella
WHEREAS, the City Planning Commission filed with the Council on September 29, 2008 its decision dated September 24, 2008 (the "Decision"), pursuant to Section 201 of the New York City Charter, on an application submitted by the New York City Department of Housing Preservation and Development and the New York City Economic Development Corporation, for amendments of the Zoning Resolution of the City of New York concerning the addition of Article XII, Chapter 4 (Special Willets Point District), and modifications of related sections, establishing a special district in Community District 7 (Application No. N 080382 ZRQ), Community District 7, Borough of Queens (the "Application");
WHEREAS, the Application is related to Applications Nos. C 080221 MMQ (L.U. No. 779), an amendment to the City Map for the elimination, discontinuance and closing of all streets within the Willets Point Urban Renewal Area including Willets Point Boulevard; 34th Avenue; 35th Avenue; 36th Avenue; 37th Avenue; 38th Avenue; 39th Avenue; 126th Place; 127th Street and 127th Place; C 080381 ZMQ (L.U. No. 780), an amendment to the Zoning Map; N 080383 HGQ (L.U. No. 782), designation of the Willets Point Urban Renewal Area; C 080384 HUQ (L.U. No. 783), the Willets Point Urban Renewal Plan; and C 080385 HDQ (L.U. No. 784), disposition of city-owned property;
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 October 17, 2008;
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 Final Generic Environmental Impact Statement (FGEIS), for which a Notice of Completion was issued on September 12, 2008, the Technical Memorandum dated September 23, 2008 with respect to further modifications adopted by the City Planning Commission, and the Technical Memorandum dated November 12, 2008 (CEQR No. 07DME014Q);
RESOLVED:
Having considered the FGEIS and the Technical Memoranda, with respect to the Application, the Council finds that:
(1) The requirements of 6 N.Y.C.R.R. Part 617 have been met;
(2) Consistent with social, economic and other essential considerations, from among the reasonable alternatives thereto, the action is one which minimizes or avoids adverse environmental impacts to the maximum extent practicable; and
(3) The adverse environmental impacts disclosed in the FGEIS will be minimized or avoided to the maximum extent practicable by incorporating as conditions to the approval those mitigation measures that were identified as practicable;
(4) The Decision and the FGEIS constitute the written statement of facts, and of social, economic and other factors and standards that form the basis of the decision, pursuant to 6 N.Y.C.R.R. §617.11(d).
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.
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
* * *
11-12
Establishment of Districts
In order to carry out the purposes and provisions of this Resolution, the following districts are hereby established:
* * *
Establishment of the Special West Chelsea District
In order to carry out the special purposes of this Resolution as set forth in Article IX, Chapter 8, the #Special West Chelsea District# is hereby established.
Establishment of the Special Willets Point District
In order to carry out the special purposes of this Resolution as set forth in Article XII, Chapter 4, the #Special Willets Point District# is hereby established.
* * *
12-10
DEFINITIONS
* * *
Special West Chelsea District
* * *
Special Willets Point District
The “Special Willets Point District” is a Special Purpose District designated by the letters “WP” in which special regulations set forth in Article XII, Chapter 4, apply. The #Special Willets Point District# appears on the #zoning maps# superimposed on other districts and its regulations supplement or supersede those of the districts on which it is superimposed.
Story
* * *
14-44
Special Zoning Districts Where Certain Sidewalk Cafes are Permitted
#Enclosed# or #unenclosed sidewalk cafes# shall be permitted, as indicated, in the following special zoning districts, where allowed by the underlying zoning. #Small sidewalk cafes#, however, may be located on #streets# or portions of #streets# within special zoning districts pursuant to the provisions of Section 14-43 (Locations Where Only Small Sidewalk Cafes Are Permitted).
* * *
|
Queens |
#Enclosed Sidewalk Cafe# |
#Unenclosed Sidewalk Cafe# |
|
Downtown Jamaica District |
No |
Yes |
|
Special Willets Point District |
No |
Yes |
* * *
All text is new; it is not underlined
Article XII - Special Purpose Districts
Chapter 4
Special Willets Point District
124-00
GENERAL PURPOSES
The “Special Willets Point 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:
(a) to transform Willets Point into a diverse and sustainable community that enhances connections to its surroundings through a unique combination of uses;
(b) to create a retail and entertainment destination that catalyzes future growth and strengthens Flushing’s role as a nexus of economic, social and cultural activity;
(c) to encourage a mix of uses that complement sporting venues within Flushing Meadows - Corona Park;
(d) to maximize utilization of mass transit, reducing the automobile dependency of the redevelopment;
(e) to create a livable community combining housing, retail and other uses throughout the district;
(f) to create a walkable, urban streetscape environment with publicly accessible open spaces;
(g) to encourage the pedestrian orientation of ground floor uses;
(h) to build upon the diversity of Queens as well as the proximity of regional transportation facilities, including the Van Wyck and Whitestone expressways, LaGuardia and JFK Airports and the Long Island Railroad;
(i) to provide flexibility of architectural design within limits established to assure adequate access of light and air to the street, and thus to encourage more attractive and economic building forms; and
(j) to promote the most desirable use of land and building development in accordance with the District Plan and Urban Renewal Plan for Willets Point and thus improve the value of land and buildings and thereby improve the City’s tax revenues.
124-01
General Provisions
The provisions of this Chapter shall apply to all #developments#, #enlargements#, #extensions#, alterations and changes of #use# within the #Special Willets Point District#. The regulations of all other Chapters of this Resolution are applicable, except as superseded, supplemented or modified by the provisions of this Chapter. In the event of a conflict between the provisions of this Chapter and other regulations of this Resolution, the provisions of this Chapter shall control.
124-02
Definitions
Connector street
A “connector street” shall be a way intended for general public use located and designed in accordance with requirements set forth in Section 124-31 (Standards for Streets and Blocks), inclusive.
Eastern perimeter street
The “eastern perimeter street” shall be a way intended for general public use located and designed in accordance with requirements set forth in Section 124-31 (Standards for Streets and Blocks), inclusive.
Primary retail street
The “primary retail street” shall be a way intended for general public use located and designed in accordance with requirements set forth in Section 124-31 (Standards for Streets and Blocks) , inclusive.
Residential street
A “residential street” shall be a way intended for general public use located and designed in accordance with requirements set forth in Section 124-31 (Standards for Streets and Blocks) , inclusive.
Retail street
A “retail street” shall be a way intended for general public use located and designed in accordance with requirements set forth in Section 124-31 (Standards for Streets and Blocks) , inclusive.
Service street
A “service street” shall be a way intended for general public use located and designed in accordance with requirements set forth in Section 124-31 (Standards for Streets and Blocks) , inclusive.
124-021
Modification of “Street”
For the purposes of establishing #blocks# and applying the #use#, #signage#, #street# tree, height and setback, #court#, publicly accessible open space regulations and curb cut regulations of this Chapter, #connector streets#, the #eastern perimeter street#, the #primary retail street#, #residential streets#, #retail streets# and #service streets# shall be considered #streets#, and their boundaries shall be treated as #street lines#.
124-03
District Plan and Maps
District Maps are located within Appendix A of this Chapter and are hereby incorporated and made part of this Resolution. They are incorporated for the purpose of specifying locations where special regulations and requirements set forth in the text of this Chapter apply.
The District Plan includes the following five maps:
Map 1 - District Plan
Map 2 - Mandatory Intersections
Map 3 - Location Requirements
Map 4 - Height Limits
Map 5 - Locations of Tower Walls without Setbacks
124-04
Applicability of District Regulations
124-041
Applicability of Chapter 1 of Article I
Within the #Special Willets Point District#, Section 11-15 (Environmental Requirements) shall apply, except that prior to issuing a building permit for any #development#, or for an #enlargement#, #extension# or a change of #use#, on a tax lot or #zoning lot# that has an (E) designation(s) for hazardous material contamination, noise or air quality, the Department of Buildings shall be furnished with a report from the Department of Environmental Protection of the City of New York stating:
(a) in the case of an (E) designation for hazardous material contamination, that environmental requirements related to the (E) designation have been met for that lot; or
(b) in the case of an (E) designation for noise or air quality, that the plans and drawings for such #development# or #enlargement# will result in compliance with the environmental requirements related to the (E) designation.
124-042
Applicability of Chapter 3 of Article VII
The following special permit by the Board of Standards and Appeals shall not be applicable:
Section 73-16 (Public Transit, Railroad or Electric Utility Substations) shall not apply to electrical utility substations. In lieu thereof, such #uses# shall be allowed within the #Special Willets Point District# upon authorization of the City Planning Commission, pursuant to Section 124-16 (Authorization for Electrical Utility Substations)
124-043
Applicability of Chapter 4 of Article VII
The following special permit by the City Planning Commission shall not be applicable:
Section 74-61 (Public Transit, Railroad or Electric Utility Substations) shall not apply to electrical utility substations. In lieu thereof, such #uses# shall be allowed within
the #Special Willets Point District# upon authorization of the City Planning Commission, pursuant to Section 124-16 (Authorization for Electrical Utility Substations)
124-05
Certification for Large Developments
The requirements of this Section shall apply to #zoning lots# of at least 200,000 square feet of #lot area#, containing #developments# or #enlargements# resulting in at least 100,000 square feet of #floor area# on such #zoning lots#.
No building permit shall be issued until the Chairperson of the City Planning Commission certifies to the Department of Buildings that such #developments# or #enlargements# comply with the provisions of this Section.
A set of drawings of sufficient scope and detail shall be submitted showing that:
(a) all #streets# and private streets within or abutting the proposed #development# or #enlargement# comply with the provisions of Section 124-31 (Standards for Streets and Blocks), inclusive;
(b) all #streets# and private streets within or abutting the proposed #development# or #enlargement# are constructed to grades acceptable to the Commissioner of Buildings and the Commissioner of Transportation;
(c) all publicly accessible open areas within or abutting the proposed #development# or #enlargement# comply with the provisions of Section 124-40 (PUBLICLY ACCESSIBLE OPEN SPACE REQUIREMENTS), inclusive; and
(d) for any portion of the #Special Willets Point District# not within the proposed #development# or #enlargement# and for which a certification pursuant to this Section has not been obtained, plans shall be submitted showing that the #development# or #enlargement# that is the subject of this certification will not preclude such portions of the #Special Willets Point District# from complying with the provisions of Section 124-31 and 124-40 under future certifications pursuant to this Section.
The Chairperson may allow for phased #development# upon certification to the Commissioner of Buildings that a plan has been submitted that provides for the completion of any private streets and publicly accessible open spaces that are integral to the #development# of a #building# or #buildings# within each phase.
The Chairperson shall modify the provisions of Section 124-31 (Standards for Streets and Blocks), inclusive, to the minimum extent necessary in the event that the Fire Department determines in writing that such modifications are required under law or regulation governing adequate fire access.
All required private streets and publicly accessible open areas, once certified in accordance with the provisions of this Section, shall be duly recorded in the form of a signed declaration of restrictions, including a maintenance and operation agreement, indexed against the property, binding the owners, successors and assigns to provide such private streets and publicly accessible open areas and public access thereto in accordance with the plans certified by the Chairperson of the City Planning Commission. Such declaration or maintenance and operation agreement shall require that a bond be posted that would ensure that the private streets and public access areas are maintained in accordance with the declaration or maintenance and operation agreement and are closed only at authorized times. The filing of such declaration in the Borough Office of the Register of the City of New York shall be a precondition for the issuance of a building permit.
In addition, the private streets and publicly accessible open areas integral to the #development# or #enlargement# of a #building# or #buildings# shall be recorded on the certificate of occupancy for such #building# or #buildings# by the Department of Buildings and shall be a condition of issuance of such certificate of occupancy.
124-10
SPECIAL USE REGULATIONS
The #use# regulations of the underlying district are modified as set forth in this Section, inclusive.
124-11
Regulation of Residential Uses
124-111
Location of residential use within buildings
The provisions of Section 32-422 (Location of floors occupied by non-residential uses) shall be modified to permit #residential uses# on the same #story# as a non-#residential use# provided no access exists between such #uses# at any level containing #residences# and provided any non-#residential uses# are not located directly over any #residential uses#. However, such non-#residential uses# may be located over a #residential use# by authorization of the City Planning Commission upon a finding that sufficient separation of #residential uses# from non-#residential uses# exists within the #building#.
124-112
Residential entrances on residential streets
Each ground floor #dwelling unit# on a #residential street# shall be directly accessible from such #residential street#. No more than one entrance to a #residential street# shall be required for any one ground floor #dwelling unit#.
124-12
Regulation of Commercial Uses in Area B
(a) Within Area B, #commercial# and special permit #uses# shall be limited to those #uses# permitted in a C1-4 District and physical culture or health establishments pursuant to Section 73-36, provided that #commercial uses# shall be located no more than 100 feet from a #connector street#, 34th Avenue, Willets Point Boulevard or Area A.
(b) Within Area B, #uses# permitted in the underlying district shall be permitted within an area east and south of Willets Point Boulevard and contiguous with Area A, provided that such area shall be limited to 115,000 square feet in land area.
124-13
Uses Permitted As-of-Right
The following special permits shall not apply. In lieu thereof, such uses shall be permitted as-of-right as described below:
Section 74-41 (Arenas, Auditoriums, Stadiums or Trade Expositions) shall not apply for trade expositions with a capacity in excess of 2,500 persons provided that the facility has a #floor area# of no more than 400,000 square feet.
(Section 73-482 (In Commercial or Manufacturing Districts) shall not apply for group parking facilities exceeding 225 spaces, provided such facilities comply with the regulations set forth in Section 124-50 (OFF-STREET PARKING REGULATIONS), inclusive.
In #buildings# with frontage on 126th Street, the following special permits shall not apply. In lieu thereof, such uses shall be permitted as-of-right:
Section 73-244 (In C2, C3, C4*, C6-4**, M1-5A, M1-5B, M1-5M and M1-6M Districts and the Special Tribeca Mixed Use District) shall not apply for eating and drinking establishments with a capacity of more than 200 persons, which shall be permitted as-of-right within 100 feet of a #Residence District# boundary.
Section 73-36 (Physical Culture or Health Establishments)
Section 74-46 (Indoor Interactive Entertainment Facilities)
Sections 73-35 (Amusement Arcades) and 74-47 (Amusement Arcades)
124-14
Retail Continuity
The following regulations shall apply within Area A to all portions of #buildings# with frontage on 126th Street, the #primary retail street#, the #retail streets#, #connector streets#, and, in the event that a utility easement is retained on the #block# bounded by Roosevelt Avenue and 126th Street, along the frontage of the publicly accessible open space required by paragraph (d) of Section 124-42.
(a) Ground floor #uses#
#Uses# located on the ground floor level or within five feet of #base flood elevation# shall be limited to #commercial uses# permitted by the underlying district, but not including #uses# listed in Use Groups 6B, 6E, 8C, 8D, 9B, 10B or 12D. A building’s frontage shall be allocated exclusively to such #uses#, except for lobby space or entryways, parking where permitted pursuant to Section 124-50, inclusive, and vehicular access where permitted pursuant to Section 124-53 (Curb Cut restrictions). Such #uses# shall have a minimum depth of 50 feet measured from any #street wall# facing 126th Street, the #primary retail street# or #connector streets#.
In no event shall the length of such frontage occupied by lobby space or entryways exceed, in total, 40 feet or 25 percent of the building’s frontage, whichever is less, except that the width of a lobby need not be less than 20 feet.
(b) Maximum length of establishments facing 126th Street and the #primary retail street#
The length of ground floor frontage occupied by any establishment shall not exceed 110 feet along 126th Street and 65 feet along the #primary retail street#. Such maximum lengths shall apply within 50 feet of any #street wall# facing 126th Street and the #primary retail street#. However, the provisions of this paragraph, (b), shall not apply within 300 feet of Northern Boulevard.
(c) Access
Access to each ground floor establishment shall be provided directly from a #street#.
(d) Transparency
For any new #development# or #enlargement#, each ground floor #street wall# shall be glazed with materials which may include show windows, glazed transoms or glazed portions of doors. Such glazed area shall occupy at least 70 percent of the area of each such ground floor #street wall#, measured to a height of 10 feet above the level of the adjoining sidewalk or public access area. Not less than 50 percent of such glazed area shall be glazed with transparent materials and up to 20 percent of such area may be glazed with translucent materials.
However, in locations where such ground floor #street wall# above the level of the adjoining sidewalk or public access area is below #base flood elevation#, the required glazed area shall occupy an area measured from #base flood elevation# to a height 10 feet above #base flood elevation#.
124-15
Modification of Sign Regulations
The height of all #signs# shall be measured from #base flood elevation#. The underlying #sign# regulations shall apply, except as set forth in this Section.
(a) Within Area A, the #sign# regulations of a C4 District shall apply, except for #street walls# facing Roosevelt Avenue, Northern Boulevard and 126th Street.
(b) Within Area B, the #sign# regulations of a C1 District shall apply, except that within the area described in paragraph (b) of Section 124-12, the sign regulations of a C4 district shall apply.
(c) Within Area A, for #street walls# facing Roosevelt Avenue or Northern Boulevard, the #sign# regulations of a C4 District shall apply, except that #signs# shall be limited to 85 feet in height.
(d) For #street walls# facing 126th Street to a height of 35 feet, the #sign# regulations of a C4 District shall apply, provided that the maximum projection of any #sign# from the exterior wall of a #building# shall be four feet, and the transparency requirements of paragraph (d) of Section 124-14 are met.
(e) For #street walls# facing 126th Street above 35 feet in height, the #sign# regulations of a C4 District shall apply except that all permitted #signs#, including #illuminated signs# and #flashing signs#, shall be permitted without limitation on #surface area#, provided that:
(1) no such #signs# are higher than 85 feet;
(2) the maximum projection of any #sign# from the exterior wall of a #building# shall be four feet, except that projections not exceeding six feet are permitted, provided that such projections beyond four feet shall comprise not more than 20 percent of the #surface area# of all such #signs# on the establishment; and
(3) no #sign# attached to a #building or other structure# shall extend above any parapet wall or roof of such #building or other structure#.
(f) Within 150 feet of the neighborhood park required pursuant to Section 124-40 paragraph (a), #flashing signs# whose message is visible from such park shall not be permitted.
(g) The provisions of Section 32-67 (Special Provisions Applying Along District Boundaries) shall not apply in the #Special Willets Point District#.
124-16
Authorization for Electrical Utility Substations
The City Planning Commission may authorize electrical utility substations in the #Special Willets Point District# in order to serve the needs of the Special District, and the regulations thereof shall be modified as necessary to accommodate the operational needs of the substation, upon authorization of the City Planning Commission, provided the Commission finds that:
(a) the architectural and landscaping treatment of such #use# will blend harmoniously with the abutting area to the extent reasonably permitted by the operational needs of the substation; and
(b) if the site proposed for such #use# is within Area A, that there are difficulties in locating such #use# within Area B.
The City Planning Commission may, consistent with cost-effective operations and capital planning, and the operational needs of the substation, prescribe appropriate conditions and safeguards on matters necessary to effectuate the provisions of paragraph (a) of this Section which are not regulated by other applicable codes, laws, rules or regulations. The applicant shall provide the Department of City Planning with a general description of such codes, laws, rules or regulations and a certification that the proposed substation shall comply therewith.
124-17
Special Permit for Cogeneration Power Plant
The Board of Standards and Appeals may permit a combined heat and power cogeneration plant not to exceed 100,000 square feet in #floor area#, provided that:
(a) the power plant is designed to maximize both electric and thermal cogeneration system efficiency to the greatest extent feasible;
(b) a detailed energy analysis is submitted to the Board demonstrating that the system as designed will operate with maximum efficiency and perform more effectively than a traditional, power-purchased-from-grid, system; and
(c) the power plant is designed primarily to serve the #Special Willets Point District#.
In addition, the Board shall refer such application to the Department of Environmental Protection for a report to ensure that the power plant is designed to maximize cogeneration efficiency to the greatest extent feasible and that the system as designed will operate with maximum efficiency and perform more effectively than a traditional, power-purchased-from-grid system.
The Board may prescribe appropriate conditions or safeguards to minimize adverse effects on the character of the surrounding area including safety devices, emissions limits, and the concealment of such use with building enclosures, landscaping, buffer zones or other methods.
124-18
Special Permit for Wastewater Treatment Plant
The Board of Standards and Appeals may permit an enclosed membrane bio-reactor wastewater treatment plant not to exceed 100,000 square feet in #floor area# on a site not to exceed 40,000 square feet in area, provided that the following findings are made:
(a) that in all cases the proposed plant promotes and protects the public health, safety and general welfare;
(b) the proposed plant will be adequate for anticipated #development# in the area to be served;
(c) the proposed plant is designed primarily to serve the #Special Willets Point District#;
(d) the site for such #use# is so located as to minimize the adverse effects on the integrity of existing and future development, and to minimize the interruption of the continuity of retail frontage;
(e) the architectural and landscaping treatment of such #use# will blend harmoniously with the rest of the area; and
(f) that such #use# will conform to the performance standards applicable to M1 Districts.
In addition, the Board shall refer such application to the Department of Health and the Department of Environmental Protection for a report to ensure that the site-specific design of the enclosed, membrane bio-reactor waste water treatment plant meets all city and state health and effluent standards.
The Board may prescribe appropriate conditions or safeguards to minimize adverse effects on the character of the surrounding area including requirements for soundproofing, safety devices, and the concealment of such #use# with building enclosures, landscaping, buffer zones or other methods.
124-19
Location and Other Requirements for Specific Uses
124-191
Convention center
A trade exposition center, hereinafter referred to as a convention center, is permitted in the #Special Willets Point District# only in accordance with this Section and shall be located on a #connector street#. A convention center may only be located in the area as depicted on Map 3 (Location Requirements), being entirely within 650 feet of Northern Boulevard.
Furthermore, a convention center may not be located within 200 feet of 126th Street, and any portion of a convention center located between 200 feet and 450 feet of 126th Street shall be limited to no more than 50,000 square feet of #floor area#.
Section 124-14 (Retail Continuity) shall not be applicable to a convention center. In lieu thereof, the transparency requirements of this Section shall apply to the #street wall# of the convention center facing a #connector street#. Such #street wall# shall be glazed with materials which may include show windows, glazed transoms or glazed portions of doors. Such glazed area shall occupy at least 50 percent of the area of such #street wall#, measured to a height of 15 feet above the level of the adjoining sidewalk or public access area. Not less than 40 percent of such area shall be glazed with transparent materials.
The main entrance(s) of such convention center shall be on a #connector street#.
124-192
Location of theaters
Theaters comprising over 10,000 square feet in #floor area# shall be located entirely within 600 feet of the intersection of Roosevelt Avenue and 126th Street.
124-193
Location of office uses in towers
Use Group 6B office #uses# located on any #story# entirely above 120 feet in height shall be located entirely within 600 feet of the intersection of Roosevelt Avenue and 126th Street.
124-20
BULK REGULATIONS
In the #Special Willets Point District#, bulk regulations shall be as set forth in this Section, inclusive.
124-21
Floor Area Regulations
#Zoning lots# containing less than 200,000 square feet of #lot area# shall not exceed a #floor area ratio# of 2.0.
#Zoning lots# containing at least 200,000 square feet of #lot area# shall have a maximum #floor area ratio# as follows:
(a) Within Area A:
(1) #Zoning lots# of at least 28 acres of #lot area# shall have a maximum #commercial floor area ratio# of 2.0 and a maximum total #floor area ratio# of 4.6.
(2) For #zoning lots# less than 28 acres:
(i) North of the centerline of 34th Avenue, now or formerly, the maximum #commercial floor area ratio# shall be 2.0 and the maximum total #floor area ratio# shall be 3.4.
(ii) South of the centerline of 34th Avenue, now or formerly, the maximum #commercial floor area ratio# shall be 2.0 and the maximum total #floor area ratio# shall be 5.0.
(b) Within Area B:
(1) #Zoning lots# of at least 33 acres of #lot area# shall have a maximum #commercial floor area ratio# of 2.0 and a maximum total #floor area ratio# of 2.25.
(2) For #zoning lots# less than 33 acres:
(i) North of the centerline of 34th Avenue, now or formerly, the #floor area ratio# shall not exceed 2.0.
(ii) South of the centerline of 34th Avenue, now or formerly, and north and west of the centerline of Willets Point Boulevard, now or formerly, the maximum #commercial floor area ratio# shall be 2.0 and the maximum total #floor area ratio# shall be 3.0.
(iii) South and east of the centerline of Willets Point Boulevard, now or formerly, the maximum #commercial floor area ratio# shall be 2.0 and the maximum total #floor area ratio# shall be 4.0.
124-22
Height and Setback Regulations
The height and setback regulations of this Section shall apply throughout the #Special Willets Point District#, except that #developments# or #enlargements# that result in less than 100,000 square feet of #floor area# on #zoning lots# of less than 200,000 square feet shall be limited to the height and setback regulations of an R6B District. The height of all #buildings or other structures# shall be measured from the level of the adjoining sidewalk or other publicly accessible open area. For the purposes of this Section, 34th Avenue and Willets Point Boulevard shall be considered to be #connector streets#, 127th Street shall be considered to be a #residential street#, and public access areas provided pursuant to paragraph (d) of Section 124-42 (Types and Standards of Publicly Accessible Open Space) shall be considered a #connector street#.
(a) Street Wall Location and Base Heights
(1) Except along 126th Street, Northern Boulevard and #residential streets#, at least 70 percent of the #aggregate width of street walls# shall be located within eight feet of the #street line# or public access area and shall extend without setback to at least a minimum base height of 60 feet or the height of the building, whichever is less, The maximum height of a #building or other structure# before setback shall be 85 feet. However, the minimum base height of a convention center shall be 40 feet or the height of the #building#, whichever is less.
(2) Along 126th Street, at least 80 percent of the #aggregate width of street walls# shall be located within 60 feet of the #street line# of 126th Street and shall extend to at least a minimum base height of 60 feet, or the height of the #building#, whichever is less. The maximum height of a #building or other structure# before setback shall be 85 feet. However, for #buildings# directly opposite Citifield Stadium, a setback lower than 60 feet shall be permitted provided that:
(i) for #buildings# greater than 85 feet in height, an additional setback is provided between a height of 60 and 85 feet; and
(ii) eating and drinking establishments with outdoor seating on terraces overlooking 126th Street are provided on the second #story#. Such terraces shall be located on the roof level above the ground floor level of the #building#, at a height not lower than 20 feet or higher than 30 feet above the level of the sidewalk fronting the 126th #street wall# of the #building#, and shall have a minimum depth of 15 feet.
(3) Along #residential streets#, at least 70 percent of the #aggregate width of street walls# shall be located within eight feet of the #street line# or public access area and shall extend without setback to at least a minimum base height of 40 feet or the height of the building, whichever is less. The maximum height of a #building or other structure# before setback shall be 85 feet. Where #street walls# facing #residential streets# contain ground floor #dwelling units#, such #street walls# shall be set back at least four feet from the #street line#. The #building# may project into the required setback area provided that:
(i) any such projection does not exceed 20 feet in width;
(ii) any such projection does not exceed 25 feet in height;
(iii) the aggregate width of all such projections at the level of any #story# shall not exceed 50 percent of the width of the #street wall# of the #building#; and
(iv) all such projections are at least 10 feet apart.
(4) Along Northern Boulvard, no portion of a #street wall# shall be located closer to Northern Boulevard than eight feet. At least 70 percent of the #aggregate width of street walls# shall be located between eight and 15 feet of the Northern Boulevard #street line# and shall extend without setback to at least a minimum base height of 60 feet or the height of the #building#, whichever is less, The maximum height of a #building or other structure# before setback shall be 85 feet.
(5) Wherever an open area is provided between the #street wall# of a #building# and the #streetline#, such area shall be planted, except at entrances to and exits from the #building#, and except where non-#residential uses# are provided at the ground floor level of the #building#.
(b) Required setbacks and maximum building height
Except as provided in paragraph (c)(6) of this Section, setbacks are required for all portions of #buildings# that exceed a height of 85 feet. Such setbacks shall be provided at a height not lower than 60 feet. The depth of the required setback shall be at least 10 feet measured from any required #street wall# fronting on a #wide street#, and at least 15 feet from any required #street wall# fronting on a #narrow street#. Where portions of #buildings# that exceed a height of 85 feet are not located above a required #street wall#, such portions shall be set back at least ten feet from a #wide street line# and at least 15 feet from a #narrow street line#. However, dormers may penetrate a height of 85 feet in accordance with the provisions of paragraph (c) of Section 23-621 (Permitted obstructions in certain districts). Within the area shown on Map 4 as limited to 232 feet above mean sea level, no portion of a #building# shall exceed a height of 120 feet except in accordance with the tower provisions of paragraph (c) of this Section.
(c) Towers
Within the area shown on Map 4 as limited to 232 feet above mean sea level, any #story# of a #building# located above a height of 120 feet shall comply with the provisions of this paragraph, (c). Such portions of a #building# are hereinafter referred to as “towers.”
(1) Maximum tower size
Each #residential story# of a tower located entirely above a height of 120 feet shall not exceed a gross area of 11,000 square feet.
(2) Maximum tower length
The maximum length of any #residential story# located entirely above a height of 120 feet shall not exceed 170 feet. Such length shall be measured by inscribing within a rectangle the outermost walls of the tower at the level of each #story# entirely above a height of 120 feet. No side of such rectangle shall exceed a length of 170 feet.
(3) Orientation
The length of any #residential story# located entirely above a height of 120 feet shall be at least 1.5 times its width and oriented so that the long side of such tower faces within 25 degrees of geographical south. Such length shall be measured by inscribing within a rectangle the outermost walls of the tower at the level of each #story# entirely above a height of 120 feet. The orientation provisions of this paragraph, (3), need not apply if at least 75 percent of all towers in the #Special Willets Point District# for which building permits have been issued comply with such provisions.
(4) Tower top articulation
For towers containing #residences#, the highest three #stories#, or as many #stories# as are located entirely above a height of 120 feet, whichever is less, shall have a #lot coverage# of at least 50 percent of the #story# immediately below such #stories#, and a maximum #lot coverage# of 80 percent of the #story# immediately below such #stories#. Such reduced #lot coverage# shall be achieved by one or more setbacks on each face of the tower, where at least one setback on each tower face has a depth of at least four feet, and a width that, individually or in the aggregate, is equal to at least 10 percent of the width of such respective tower face. For the purposes of this paragraph, each tower shall have four tower faces, with each face being the side of a rectangle within which the outermost walls of the highest #story# not subject to the reduced #lot coverage# provisions have been inscribed. The required setbacks shall be measured from the outermost walls of the #building# facing each tower face. Required setback areas may overlap.
(5) Distance between towers
The minimum distance between all towers shall be 60 feet.
(6) Tower walls without setbacks
To permit a #building# to rise from grade to a tower portion without setback, the setback provisions of paragraph (b) of this Section shall not apply to any portion of a #building# located within the tower wall location areas shown on Map 5, provided that this exception from paragraph (b) of this Section shall not apply to more than one tower for each #block#.
(d) Maximum total height
The maximum height of any #building or other structure# shall be as depicted on Map 4 (Height Limits). The height limits established in Map 4 include reference points for two airport referenced imaginary surfaces, as defined in Section 61-30, that are continuous planes, and one area with a maximum height limitation of 232 feet above mean sea level. The coordinates of the points are as follows:
Point 1 73°50'42.9"W 40°45'38.1"N
Point 2 73°50'36.8"W 40°45'45.6"N
Point 3 73°50'26.6"W 40°45'39.3"N
Point 4 73°50'33.6"W 40°45'30.7"N
The height limits hereby established supersede the height limits described in Article VI, Chapter 1 (SPECIAL REGULATIONS APPLYING AROUND MAJOR AIRPORTS). Application may be made to the Board of Standards and Appeals pursuant to Section 73-66 (Height Regulations around Airports) for a permit to construct a #building or other structure# in excess of what is permitted pursuant to this paragraph, (d), provided that such application is also referred to the Port Authority of New York and New Jersey.
124-30
MANDATORY IMPROVEMENTS
124-31
Standards for Streets and Blocks
#Developments# or #enlargements# that result in a total of at least 100,000 square feet of #floor area# on #zoning lots# of at least 200,000 square feet, shall front upon #streets# that comply with the requirements of this Section, inclusive.
124-311
Maximum length of blocks
The maximum length of a #block# shall be 450 feet, except that:
(a) where a #block# includes a convention center, such length shall be unlimited;
(b) where a #block# bounds the intersection of 126th Street and Northern Boulevard, such length shall be limited to 675 feet;
(c) where a #block# bounds the intersection of 126th Street and Roosevelt Avenue, such length shall be limited to 575 feet; and
(d) # blocks# or portions of #blocks# east of a line 600 feet east of and parallel to126th Street and west of a line 1,350 feet east of and parallel to 126th Street shall have a maximum distance between intersections on a #connector street# of 218 feet, except where a #block# includes a convention center or the minimum two-acre park required pursuant to Section 124-40 (PUBLICLY ACCESSIBLE OPEN SPACE REQUIREMENTS). Where public pedestrian access between a #connector street# and another #street# on the same #block# is located no less than 218 feet from both intersections on a #connector street# through provision of open space pursuant to Section 124-40, inclusive, such #block# or a portion of a #block# east of a line 600 feet east of and parallel to126th Street and west of a line 1,350 feet east of and parallel to 126th Street may have a maximum distance between intersections on a #connector street# that does not exceed 400 feet, provided that there is only one such #block# in the Special District.
124-312
New streets
The provisions of this Section shall apply to all private streets constructed after (effective date of amendment):
(a) #Primary retail street#
One #primary retail street# shall be provided parallel to, or generally parallel to, 126th Street, and comply with the following requirements:
(1) The western boundary of such #street# shall be not less than 220 feet and not more than 320 feet from 126th Street.
(2) Such #street# shall intersect two #retail streets# and two #connector streets#.
(3) The width of such #street# shall be a minimum of 70 feet and a maximum of 80 feet, comprised of:
(i) two 15 foot wide sidewalks, one adjacent to each curb;
(ii) two nine foot wide strips, one adjacent to each sidewalk that can be used as either parking lanes or pedestrian amenity areas that may include landscaping, seating and walkways;
(iii) two travel lanes in the center of the #street# totaling 22 feet in width; and
(iv) one optional eight to 10 foot wide landscaped median located on the centerline of the #street# between the two travel lanes provided that the #street# width shall not exceed 72 feet without such median.
(b) #Connector streets#
Two #connector streets# shall be provided as follows:
(1) One #connector street# shall intersect 126th Street opposite 34th Avenue within the area shown on Map 2.
(2) One #connector street# shall intersect 126th Street opposite the south side of Citifield Stadium within the area shown on Map 2.
(3) Both #connector streets# shall intersect with the #primary retail street# and with each other at a point east of the #primary retail street#.
(4) The width of each #connector street# shall be at least 75 feet and no more than 86 feet, comprised of:
(i) two 15 foot wide sidewalks, one adjacent to each curb;
(ii) two nine foot wide strips, one adjacent to each sidewalk that can be used as either parking lanes or pedestrian amenity areas that may include landscaping, seating and walkways; and
(iii) at least two travel lanes and not more than three travel lanes totaling at least 22 feet and not more than 33 feet in width, and one bike lane at least five feet wide.
(5) Where a convention center fronts upon a #connector street#, the requirements set forth in this paragraph, (b), shall be modified to eliminate the nine foot wide strip and, in lieu thereof, require a 12 foot wide drop off lane that, in the aggregate, shall not exceed 300 feet.
(c) #Retail streets#
A minimum of two and maximum of three #retail streets# shall be provided as follows:
(1) One #retail street# shall intersect 126th Street opposite the entrance to Citifield stadium, within the area shown on Map 2;
(2) One #retail street# shall intersect 126th Street opposite the north side of Citifield Stadium within the area shown on Map 2;
(3) Two #retail streets# shall intersect with the #primary retail street#;
(4) The width of each #retail street# shall be no more than 68 feet wide, comprised of:
(i) two 13 foot wide sidewalks, one adjacent to each curb;
(ii) two ten foot wide strips, one adjacent to each sidewalk that can be used as pedestrian amenity areas that may include landscaping, seating and walkways; and
(iii) two travel lanes totaling at least 22 feet in width.
(d) #Eastern perimeter street#
One #eastern perimeter street# shall be provided as follows:
(1) The eastern boundary of such #street# shall be within 20 feet of the eastern boundary of the #Special Willets Point District#, extending between Roosevelt Avenue and a #connector street#;
(2) The width of such #street# shall be at least 62 feet and no more than 75 feet, comprised of:
(i) a 13 foot wide sidewalk along its western boundary and a sidewalk at least five feet wide along its eastern boundary;
(ii) two eight foot wide strips, one adjacent to each sidewalk that can be used as either a parking lane or as pedestrian amenity areas that may include landscaping, seating and walkways; and
(iii) at least two and no more than three travel lanes totaling at least 20 feet and not more than 33 feet in width.
(e) #Residential street#
All #streets#, other than those listed in paragraphs (a) through (d) of this Section, that have one or more ground floor #dwelling units# fronting on the #street# shall be considered #residential streets#, except where such #street# is designated a #service street# pursuant to paragraph (f) of this Section. #Residential streets# shall be provided as follows:
(1) A #residential street# shall be a minimum of 62 feet wide and a maximum of 64 feet wide, comprised of:
(i) two 13 foot wide sidewalks, one adjacent to each curb;
(ii) two eight foot wide strips, one adjacent to each sidewalk that can be used as either a parking lane or as pedestrian amenity areas that may include landscaping, seating and walkways; and
(iii) two travel lanes totaling between 20 and 22 feet in width.
(f) #Service street#
All newly constructed #streets#, other than those listed in paragraphs (a) through (e) of this Section, shall be improved as a #service street#. A minimum of 50 percent of the #uses# located on the ground floor level or within five feet of #base flood elevation# fronting a #service street# shall contain non-#residential uses#. #Service streets# shall be provided as follows:
(1) A #service street# may only be located as one of the #streets# bounding:
(i) a #block# that bounds the intersection of 126th Street and Northern Boulevard; and
(ii) a #block# that bounds the intersection of 126th Street and Roosevelt Avenue.
(2) A #service street# shall be a minimum of 62 feet wide and a maximum of 64 feet wide, comprised of:
(i) Two 13 foot wide sidewalks, one adjacent to each curb;
(ii) two eight foot wide strips, one adjacent to each sidewalk that can be used as either a parking lane or as pedestrian amenity areas that may include landscaping, seating and walkways; and
(iii) two travel lanes totaling between 20 and 22 feet in width.
124-32
Street Tree Planting
All new #developments# or #enlargements# shall provide and maintain trees of not less than three-inch caliper at the time of planting in the sidewalk adjacent to the #building# on the side of the sidewalk closest to the travel lane. All such trees shall be provided for the entire length of the frontage of the #building#, for every 25 feet of such frontage, except where curb cuts or utilities make such planting infeasible. Species shall be selected, installed and maintained in accordance with specifications established by the Department of Parks and Recreation. However, street trees need not be provided where such trees may interfere with truck movements in the loading area for a convention center.
124-33
Mandatory Sidewalk Widening
In the event that 34th Avenue remains a mapped street, all #developments# or #enlargements# on 34th Avenue shall provide a sidewalk widening of no less than 13 feet in width. No obstructions shall be permitted from the lowest level to the sky except for those permitted pursuant to Section 37-53, paragraph(f)(3). When one end of the sidewalk widening abuts an existing building, the special design treatment specified in Section 37-53, paragraph (f)(5) shall be required.
124-34
Roof Design Requirements
Any roof of a facility containing off-street parking spaces, not otherwise covered by a #building#, which is larger than 400 square feet shall be landscaped. Up to five percent of such roof area may be used for mechanical equipment, provided that such mechanical equipment is fully enclosed, except that openings in such enclosure shall be permitted only to the extent necessary for ventilation and exhaust, and that it is screened from view by a fence which is at least 75 percent opaque or by at least three feet of dense planting. Up to 25 percent of such roof area may be accessible solely from an adjacent #dwelling unit# and the remaining roof area shall be accessible for the recreational use of the occupants of the building in which it is located. Hard surfaced areas shall not cover more than 50 percent of such roof area.
124-40
PUBLICLY ACCESSIBLE OPEN SPACE REQUIREMENTS
Publicly accessible open spaces shall be provided as specified in this Section, inclusive. In the event of a conflict between the provisions of this Section, inclusive, and any underlying regulation, the provisions of this Section shall govern.
124-41
Amount of Publicly Accessible Open Space
Publicly accessible open space within the #Special Willets Point District# shall total not less than eight acres. Such required amounts shall be open to the sky and shall not include any sidewalks required pursuant to this Section or sidewalk widenings pursuant to Section 124-33.
For #developments# or #enlargements# that result in a total of at least 100,000 square feet of #floor area# on #zoning lots# of at least 200,000 square feet, the following amount of publicly accessible open space shall be provided for each 1,000 square feet of #floor area#:
Within Area A: 30 square feet
Within Area B: 50 square feet.
Such publicly accessible open space may be transferred from the #zoning lot# containing the #development# or #enlargement# to any other #zoning lot# in the #Special Willets Point District# provided that such publicly accessible open space meets the requirements of Section 124-42, inclusive.
124-42
Types and Standards of Publicly Accessible Open Space
The following types and standards of publicly accessible open space shall apply:
(a) Park
At least one park not less than two acres in area shall be provided. Such park shall be bounded on all sides by #streets# or a #school#, and at least one of the #streets# bounding the park shall be a #connector street#. No portion of such park shall be closer than 200 feet from the boundaries of the #Special Willets Point District#. Up to five percent of the area of such outdoor park may be covered by a #building or other structure#. A minimum of fifty percent of such park shall be planted, except that the planted area may be reduced to forty percent if a playground acceptable to the Department of Parks and Recreation is provided within such park.
(b) 126th Street
The provisions of this paragraph, (b), shall apply along the western boundary of #blocks# bounding 126th Street:
(1) A sidewalk with a minimum width of 15 feet shall be located adjacent to the curb, and have an elevation not higher than one foot above the level of the road bed.
(2) A pedestrian amenity area at least 20 feet wide and no more than 35 feet wide shall be located between such sidewalk and the #street wall# of any #building# fronting upon 126th Street. Pedestrian circulation space at least five feet wide shall be provided within such area within 1.5 feet of the #ground floor elevation# of such #street walls# to allow pedestrian movement in a direction parallel with the #street# and connecting with sidewalks of #streets# intersecting 126th Street;
(3) On each such #block# there shall be a minimum of two ramps connecting the sidewalk along 126th Street and the pedestrian circulation space. In addition, stairways shall be provided linking the sidewalk and pedestrian circulation space so that each establishment on the #block# with entrances facing 126th Street is readily accessible by such stairs or ramps; and
(4) All publicly accessible open spaces shall comply with the provisions of Sections 37-725 (Steps), 37-726 (Permitted obstructions), 37-728 (Standards of accessibility for persons with disabilities), 37-73 (Kiosks and Open Air Cafes) and 37-74 (Amenities) except for the following modifications:
(i) Section 37-73, paragraph (b) shall be modified to permit open air cafes to be at a different elevation from adjoining public access areas and from adjoining sidewalks.
(ii) Section 37-73, paragraphs (c)(4) and (d) shall not apply to the certification of open air cafes in the Special District, and the filing of plans for open air cafes in the Borough Office of the City Register shall not be required.
(iii) For publicly accessible open space on the western boundary of #blocks# facing Citifield Stadium, Section 37-73, paragraph (b) shall be modified to limit the aggregate area of open air cafes to no more than 50 percent of the public access area, and to allow open air cafes to occupy up to 75 percent of #street# frontage.
(iv) In Section 37-741, the requirement for a minimum of one linear foot of required seating for every two linear feet of #street# frontage within 15 feet of the #street line# shall not apply.
(v) For public access areas on the western boundary of #blocks# facing Citifield Stadium, Section 37-741 shall be modified so that seating for open air cafes may count toward the seating requirement, in the category of movable seating, provided that 25 percent of the linear seating capacity is provided through other seating types.
(vi) For publicly accessible open space not on the western boundary of #blocks# facing Citifield Stadium, Section 37-742 shall be modified to require planters, planting beds and accessible lawns at a rate of 200 square feet for every 1,000 square feet of publicly accessible open space.
(vii) Section 37-747 (Public space signage) shall not apply; in lieu thereof, paragraph (i) (Hours of Access) of this Section shall apply.
(c) Roosevelt Avenue
Along the south side of #blocks# bounding Roosevelt Avenue, the following provisions shall apply:
(1) A bike lane with a minimum width of five feet shall be located no more than 16 feet from the curb line;
(2) A pedestrian amenity area at least 20 feet in width and not more than 45 feet in width shall be provided between the bike lane and the #street wall# of a #building#; and
(3) Within the pedestrian amenity area, there shall be a sidewalk with a minimum width of 13 feet, generally parallel to Roosevelt Avenue, linking the sidewalk along 126th Street to either a sidewalk along the #eastern perimeter street#, if built, or the sidewalk leading to the Roosevelt Avenue Bridge.
(4) A minimum of 50 percent of the pedestrian amenity area shall be planted.
(d) #Block# at Roosevelt Avenue and 126th Street
In the event that a utility easement is retained on the #block# bounded by Roosevelt Avenue and 126th Street, the following improvements shall be provided:
(1) An entry plaza of at least 7,000 square feet shall be provided adjacent to the intersection of 126th Street and Roosevelt Avenue, as follows:
(i) the plaza shall include no less than 60 feet and no more than 80 feet of frontage along 126th Street;
(ii) each #use# or establishment with frontage on the plaza shall include at least one entrance to such plaza;
(iii) at least two amenities shall be provided from among those listed in Section 37-748, except that a kiosk that provides information instead of food service shall also be permitted; and
(iv) the area of such plaza does not overlap with the requirements of paragraph (c) of this Section for Roosevelt Avenue.
(2) A central plaza of at least 20,000 square feet shall be provided as follows:
(i) the plaza shall have at least 100 feet of frontage on a #connector street#;
(ii) the prolongation of the centerline of the #primary retail street# shall intersect with such plaza; and
(iii) such plaza shall meet the pedestrian amenity standards of paragraph (b)(4) of this Section for 126th Street.
(iv) a minimum of 15 percent of such plaza shall be planted.
(3) A pedestrian corridor area shall be provided linking the entry plaza required pursuant to paragraph (d)(1) of this Section and the central plaza required pursuant to paragraph (d)(2) of this Section, as follows:
(i) such corridor shall be at least 60 feet in width and include, within such width, a 40 foot utility easement;
(ii) such corridor shall be at least 150 feet in length;
(iii) each #use# or establishment with frontage on such corridor shall include at least one entrance to such corridor; and
(iv) each side of such corridor area shall be planted with street trees of not less than three-inch caliper at the time of planting for the entire length of such corridor, at a rate of one tree for every 25 feet of the length of each side of such corridor.
(e) Northern Boulevard
Along the north side of #blocks# bounding Northern Boulevard, the following provisions shall apply:
(1) A sidewalk with a minimum width of 13 feet shall be located adjacent to the curb and have an elevation not higher than one foot above the road bed of Northern Boulevard;
(2) An open area at least eight feet wide and no more than 15 feet wide shall be located between the sidewalk and the #street wall# of a #building#, except that such area need not be provided where such areas may interfere with truck movements in the loading area for a convention center located on any such #block#; and
(3) A minimum of 70 percent of such open area shall be planted.
(f) #Eastern perimeter street#
Along the #eastern perimeter street# between the required sidewalk and the eastern boundary of the #Special Willets Point District#, an open area with a minimum depth of eight feet and a maximum depth of 15 feet shall be provided. At least 70 percent of such open area shall be planted.
(g) Convention center
If a convention center is provided, a pedestrian amenity area shall be required between the #street line# and the #street wall# of the convention center. The pedestrian amenity area shall have a depth of at least 10 feet and not more than 22 feet and shall meet the standards of paragraph (b)(4) of this Section for 126th Street.
(h) Standards for additional areas
If the amount of public access areas required pursuant to paragraphs (a) through (g) of this Section does not total eight acres, the difference shall be provided in the form of one or more public access areas located not closer than 100 feet to the boundary of the #Special Willets Point District#.
(i) Hours of Access
All publicly accessible open space shall be accessible to the public from sunrise to one hour after sunset. Entry plaques for public access areas over one-half acre in size shall be provided as described in paragraph (a) of Section 37-751, except that the number of such plaques shall be provided so that one such plaque is located at each point of entry to such publicly accessible open space, and lettering at least one inch in height shall be provided stating the words, “Open to the public:” followed by hours permitted pursuant to this paragraph (i).
(j) Active Recreation
A minimum of one-half acre of public access area shall be designed for active recreational use. This area may be located anywhere within the eight acres of publicly accessible open space required within the #Special Willets Point District#. Such area may include rooftop areas, provided that adequate public access is provided to the general public and that, regardless of the size of such rooftop area, entry plaques are provided for each point of entry pursuant to paragraph (i) of this Section. Access to such areas shall comply with the Americans with Disabilities Act of 1990.
124-50
OFF-STREET PARKING REGULATIONS
Off-street parking shall be provided for all required parking spaces and loading as specified by the underlying district, except as modified by the special regulations of this Section, inclusive.
124-51
Use and Location of Parking Facilities
The provisions of this Section shall apply to all off-street parking spaces within the #Special Willets Point District#.
Floor space used for parking shall be exempt from the definition of #floor area#.
Parking facilities with over 225 parking spaces shall provide adequate reservoir space at the vehicular entrances to accommodate either ten automobiles or five percent of the total parking spaces provided in such facility, whichever amount is greater, but in no event shall such reservoir space be required for more than 50 automobiles.
(a) All off-street parking spaces shall be located within facilities that, except for entrances and exits, meet the following standards:
(1) are located entirely below the level of any #street# or publicly accessible open area upon which such facility, or portion thereof, fronts; or
(2) are located in a #cellar# no more than four feet above grade within Area B, provided that the #street wall# is set back at least four feet from the #street line# except for projections permitted pursuant to Section 124-22, paragraph (a)(3) and planted areas are provided pursuant to Section 124-22, paragraph (a)(5) and further provided that 50 percent of such #street wall# with adjacent parking spaces consists of opaque materials; or
(3) are located, at every level above-grade, behind #commercial#, #community facility# or #residential floor area# at least 25 feet from any #street wall# or public access area; or
(4) are located above-grade and adjacent to a #street wall# or public access area, provided that any non-horizontal parking deck structures are not visible from the exterior of the #building# in elevation view and opaque materials are located in the exterior building wall between the bottom of the floor of each parking deck and no less than three feet above such deck and a total of at least 50 percent of such #street wall# with adjacent parking spaces consists of opaque materials. A parking structure so screened shall be permitted only in the following locations:
(i) Except within #blocks# that bound the intersection of 126th Street and Northern Boulevard or 126th Street and Roosevelt Avenue, a parking facility may be located adjacent to a #street wall# facing 126th Street above a height of 35 feet and limited to a height of 85 feet, provided that no less than 60 percent and no more than 70 percent of the surface area of the portion of such #street wall# with adjacent parking spaces consists of one or more of the following: #signs#, graphic or sculptural art, or living plant material. At least 25 feet of #commercial#, #community facility# or #residential floor area# shall separate such parking spaces from any other adjacent #street#;
(ii) A parking facility may be located adjacent to a #street wall# limited to a height of 85 feet on a #block# that bounds the intersection of 126th Street and Northern Boulevard provided that such #street wall# is on Northern Boulevard and is more than 100 feet from 126th Street, and provided that no less than 60 percent and no more than 70 percent of the surface area of the portion of such #street wall# with adjacent parking spaces consists of one or more of the following: #signs#, graphic or sculptural art, or living plant material. At least 25 feet of #commercial#, #community facility# or #residential floor area# shall separate such parking spaces from adjacent #residential#, #connector#, or #primary retail streets#;
(iii) A parking facility not on a #block# that bounds the intersection of 126th Street and Northern Boulevard may be located adjacent to a #street wall# limited to a height of 40 feet facing Northern Boulevard, provided that such #street wall# with adjacent parking spaces is on Northern Boulevard and is more than 100 feet from 126th Street. At least 25 feet of #commercial#, #community facility# or #residential floor area# shall separate such parking spaces from any other adjacent #street#;
(iv) A parking facility may be located adjacent to a #street wall# on a #block# that bounds the intersection of 126th Street and Roosevelt Avenue, provided that such #street wall# with adjacent parking spaces is more than 100 feet from 126th Street, Roosevelt Avenue and at least 25 feet from any #connector street#;
(v) A parking facility may be located adjacent to a #street wall# limited to a height of 40 feet facing the eastern boundary of the #Special Willets Point District#, within 200 feet of such eastern boundary, so that such parking facility is not visible from a #connector street#. At least 25 feet of #commercial#, #community facility# or #residential floor area# shall separate such parking spaces from adjacent #residential# and #connector streets#.
(vi) A parking facility may be located adjacent to a #street wall# where such #street wall# is on a #service street#, provided that at least 25 feet of #commercial#, #community facility# or #residential floor area# shall separate such parking spaces from adjacent #residential#, #connector#, #retail# or #primary retail streets#;
(b) All parking facilities with parking spaces adjacent to an exterior building wall that is not a #street wall# shall provide screening of such exterior wall so that any non-horizontal parking deck structures are not visible from the exterior of the #building# in elevation view and opaque materials are located in the exterior building wall between the bottom of the floor of each parking deck and no less than three feet above such deck and a total of at least 50 percent of such exterior building wall with adjacent parking spaces consists of opaque materials.
(c) All parking facilities shall not be open to the sky, and all parking facilities shall have a roof that meets the design requirements of Section 124-34.
(d) All #accessory# off-street parking spaces 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 #block#, all such spaces shall be located within the same parking facility.
(e) A maximum of five percent of required #accessory residential# off-street parking spaces may be made available as car share spaces. Fractions equal to or greater than one-half resulting from this calculation shall be considered to be one space. These spaces shall be #used# by motor vehicles that are provided by a certified car share operator, in accordance with the provisions of this paragraph, for rental on an hourly basis. Car share spaces shall be located at unstaffed, self-service locations (except if located within a facility that includes attended parking spaces), and the certified car share operator shall not, with the exception of leased parking spaces, maintain a place of business on the #zoning lot#, have any employees located there, or erect any #sign# on any portion thereof, except that one #sign# with an area not exceeding one square foot shall be permitted. Car share spaces shall be for vehicles that are generally be available for pick-up 24 hours per day. Car share spaces in accordance with the provisions of this paragraph, (e), shall not be considered #commercial uses# and shall be exempt from the definition of #floor area#. The provisions of Section 36-46 (Restrictions on Use of Accessory Off-Street Parking Spaces) shall not apply to such car share spaces. The Buildings Commissioner shall permit car share spaces only if the Chair of the City Planning Commission, in consultation with the Commissioner of Transportation, has certified that:
(1) the proposed car share operator is engaged in the business of providing car share services to the general public;
(2) the owner of the #accessory# off-street parking facility has signed an agreement with such car share operator limiting any car share spaces to permitted car sharing #use#; and
(3) the number of proposed car share spaces is in compliance with this paragraph (e).
(f) All #accessory# off-street parking spaces may be provided within parking facilities in #buildings# other than the same #building# as the #uses# to which they are #accessory#, provided that:
(1) the off-street parking space within such facility is counted only once in meeting the parking requirements for a specific #building#; and
(2) such parking facilities are located within the #Special Willets Point District#; or
(3) such parking facilities are located within distances specified by Sections 36-421 (Maximum distance from zoning lot) and 36-43 (Off-site spaces for Commercial or Community Facility Uses), as applicable.
124-52
Loading Restrictions
Loading areas shall not be permitted within 75 feet of 126th Street or within 50 feet of the #primary retail street#. Loading areas for a convention center #use# shall not be permitted within 100 feet of a #connector street#.
124-53
Curb Cut Restrictions
No driveway curb cuts for parking facilities or loading berths shall be permitted along 126th Street, the #primary retail street#, the #connector streets#, across from public open space of two or more acres, and within 50 feet of the intersection of any #streets#, , except for a convention center or a #transient hotel# with a minimum of 50,000 square feet of #floor area#, and except that the City Planning Commission may authorize curb cuts, provided the Commission finds that such curb cuts are needed, do not unduly inhibit surface traffic or pedestrian flow and do not impair the essential character of the surrounding area.
Where permitted, the maximum aggregate width of curb cuts on any frontage shall be limited to 24 feet for #residential streets# and 60 feet for all other #streets#, except that the maximum shall be 100 feet for #blocks# that bound the intersection of 126th Street and Northern Boulevard or 126th Street and Roosevelt Avenue and for #blocks# that contain a #transient hotel# with a minimum of 50,000 square feet of #floor area#. For a convention center, the maximum aggregate width of curb cuts on any frontage shall be limited to 100 feet, except that curb cuts shall be unlimited when located directly adjacent to the loading area of the convention center. All curb cuts shall be achieved with minimal reduction to the grade of the sidewalk over which they pass.
124-54
Indoor Bicycle Parking
Within the #Special Willets Point District#, a designated area for #accessory# bicycle parking shall be provided for all #developments# or #enlargements#. Such designated area shall be enclosed, accessible and secure, and excluded from the definition of #floor area#. #Accessory# facilities, such as lockers, showers and circulation space shall also be excluded from the definition of #floor area#.
(a) For #residential buildings# with ten or more #dwelling units#, one bicycle parking space shall be provided for every two #dwelling units#, up to a maximum of 200 bicycle parking spaces.
(b) For #developments# or #enlargements# with at least 10,000 square feet of Use Group 6B office #use#, one bicycle parking space shall be provided for every 5,000 square feet of such office #use#, up to a maximum of 200 bicycle parking spaces.
(c) For #developments# or #enlargements# with at least 10,000 square feet of Use Group 6A or 6C retail #use#, one bicycle parking space shall be provided for every 10,000 square feet of such #use#, up to a maximum of 100 bicycle parking spaces.
124-60
SPECIAL PERMIT TO MODIFY USE OR BULK REGULATIONS
For any #development#, #enlargement#, alteration or change of #use# within the #Special Willets Point District#, the City Planning Commission may permit modification of the #use# or #bulk# regulations, except #floor area ratio# provisions, provided the Commission shall find that such:
(a) modification will aid in achieving the general purposes and intent of the Special District;
(b) #use# modification will encourage a lively pedestrian environment along the street, or is necessary for, and the only practicable way to achieve the programmatic requirements of the #development#;
(c) #bulk# modifications will enhance the distribution of #bulk# within the Special District;
(d) #bulk# modifications will permit adequate access of light and air to surrounding streets; and
(e) #development# or #enlargement# will relate harmoniously to the character of the surrounding area.
The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.
Appendix A
Special Willets Point District
Map 1 - Special Willets Point District
Map 2 - Mandatory Intersections
Map 3 - Location Requirements for Convention Center, Cinema and Office Tower
Map 4 - Height Limits
Map 5 - Locations of Tower Walls without Setbacks
(Maps 1-5 attached hereto)
* * *
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 November 13, 2008, on file in this office.
...…….........................................
City Clerk, Clerk of The Council