THE COUNCIL OF THE CITY OF NEW YORK
RESOLUTION NO. 1577
Resolution approving with modifications the decision of the City Planning Commission on Application No. N 200304 ZRQ, for an amendment of the text of the Zoning Resolution (L.U. No. 715).
By Council Members Salamanca and Moya
WHEREAS, RXR 42-11 9th Holdings, LLC, 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, adding an Industrial Business Incentive Area to Article VII, Chapter 4 (Special Permits by the City Planning Commission) and updates to Section 74-76 (Modifications of Use, Bulk, Parking and Loading Regulations in Industrial Business Incentive Areas), which in conjunction with the related action would facilitate the construction of an approximately 320,000-square-foot mixed-use development with office, retail, and industrial uses at 42-11 Ninth Street in Long Island City, Queens, Community District 2 (Application No. N 200304 ZRQ) (the “Application”);
WHEREAS, the City Planning Commission filed with the Council on January 15, 2021, its decision dated January 6, 2021 (the “Decision”), on the Application;
WHEREAS, the Application is related to application C 200303 ZSQ (L.U. No. 714), a special permit pursuant to Section 74-96 (Industrial Business Incentive Areas) of the Zoning Resolution to allow an increase in the maximum permitted floor area ratio in accordance with Section 74-963 (Permitted floor area increase) and, in conjunction therewith, to modify the quantity and size of the loading requirements of Section 44-50;
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 January 26, 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 September 14th, 2020 (CEQR No. 20DCP078Q) which include an (E) designation to avoid the potential for significant adverse impacts related to hazardous materials, air quality, and noise (E-562) (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 (E) Designation (E-562) and 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 200304 ZRQ, incorporated by reference herein, and the record before the Council, the Council approves the Decision of the City Planning Commission with the following modifications:
Matter underlined is new, to be added;
Matter struck out is to be deleted;
Matter double struck out is old, deleted by the City Council
Matter double-underlined is new, added by the City Council
Matter within # # is defined in Section 12-10;
* * * indicates where unchanged text appears in the Zoning Resolution.
ARTICLE VII
ADMINISTRATION
Chapter 4
Special Permits by the City Planning Commission
* * *
74-96
Modification of Use, Bulk, Parking and Loading Regulations in Industrial Business Incentive Areas
[Yard modification provision moved to 74-964
and area specification provision (i.e., map) moved to Section 74-968]
For #developments# or #enlargements# on #zoning lots# located within any Industrial Business Incentive Area specified on the maps in this Section 74-968 (Maps of Industrial Business Incentive Areas), the City Planning Commission may increase the maximum permitted #floor area ratio# and modify the #use#, #bulk# and #public plaza# regulations as set forth in accordance with Section 74-962 74-963 (Permitted Floor floor area increase and public plaza modifications in Industrial Business Incentive Areas). In conjunction with such #floor area# increase, The the Commission may also modify permit modifications to other #bulk# regulations, provisions for publicly accessible open spaces, as well as parking and loading requirements for such #developments# or #enlargements#, pursuant to Section 74-963 74-964 (Parking and loading modifications in Industrial Business Incentive Areas Modifications in conjunction with a floor area increase). All applications for a special permit pursuant to this Section, inclusive, shall be subject to the requirements, conditions and findings set forth in Section 74-962 (Application requirements), Section 74-965 (Conditions), Section 74-966 (Findings), and Section 74-967 (Compliance, recordation and reporting requirements).
For #developments# or #enlargements# receiving a #floor area# increase pursuant to this Section, Section 43-20 (YARD REGULATIONS), inclusive, shall be modified as follows: #rear yard# regulations shall not apply to any #development# or #enlargement# on a #through lot#.
Map of Industrial Business Incentive Areas
Portion of Community District 1, Borough of Brooklyn
74-961
Definitions
* * *
74-962
Floor area increase and public plaza modifications in Industrial Business Incentive Areas
Application requirements
[NOTE: Floor area provisions moved to Section 74-963.
Application requirement provisions remain in this Section]
In Industrial Business Incentive Areas, the City Planning Commission may increase the maximum #floor area ratio# on a #zoning lot# in accordance with the Table in this Section.
For #developments# or #enlargements# in the district indicated in Column A, the base maximum #floor area ratio# on a #zoning lot#, Column B, may be increased by 3.5 square feet for each square foot of #required industrial uses# up to the maximum #floor area ratio# for all #uses# on the #zoning lot#, Column E, provided that such #development# or #enlargement# does not include a #transient hotel#, and that such additional #floor area# is occupied by #required industrial uses# and #incentive uses# up to the maximum #floor area ratio# set forth in Column C (Maximum Additional #Floor Area Ratio# for #Required Industrial Uses#), and Column D (Maximum Additional #Floor Area Ratio# for #Incentive Uses#), respectively.
FLOOR AREA INCREASE PERMITTED IN INDUSTRIAL BUSINESS INCENTIVE AREAS
|
A |
B |
C |
D |
E |
|
District |
Base Maximum #Floor Area Ratio# |
Maximum Additional #Floor Area Ratio# for #Required Industrial Uses# |
Maximum Additional #Floor Area Ratio# for #Incentive Uses# |
Maximum #Floor Area Ratio# for All #Uses# |
|
M1-2 |
2.0 |
0.8 |
2.0 |
4.8 |
For such #developments# or #enlargements# that, pursuant to this Section, increase their permitted #floor area#, and provide a #public plaza#, the Commission may also increase the maximum height of such #development# or #enlargement# and may modify the requirements for #public plazas# set forth in Section 37-70 (PUBLIC PLAZAS).
Applications for such #floor area# increases and modifications are subject to the requirements, conditions and findings set forth in this Section.
(a) Application requirements
All applications for a special permit pursuant to this Section shall include the following:
(1)(a) site plans and elevations which shall establish distribution of #floor area#, height and #setback#, sidewalk widths, primary business entrances, including parking and loading, #yards# and #public plazas# publicly accessible open space, signage and lighting;
(2)(b) floor plans of all floors which shall establish the location, access plan and dimensions of freight elevators and loading areas and the location of #floor area# dedicated to #required industrial uses# and #incentive uses#;
(3)(c) drawings that show, within a 600-foot radius, the location and type of #uses#, the location, dimensions and elements of off-site open areas including #streets#, waterfront and #upland# parcels, elements of a Waterfront Access Plan, as applicable, and the location of #street# trees and #street# furniture and any other urban design elements. Where applicable, for applications in Industrial Business Incentive Area 1, The the plans shall demonstrate that any #public plaza# publicly accessible open space provided meets the requirements of paragraph (b)(5)(f) of this Section 74-965 (Conditions); and
(4)(d) for #zoning lots# in #flood zones#, flood protection plans, which shall show #base flood elevations# and advisory #base flood elevations#, as applicable, location of mechanical equipment, areas for storage of any hazardous materials and proposed structural or design elements intended to mitigate the impacts of flood and storm events.
(b) Conditions
[Note: Conditions moved to Section 74-965]
(1) Minimum amount of #required industrial uses#
#Required industrial uses# shall occupy a minimum of 5,000 square feet of horizontally contiguous #floor area# and shall be served by loading areas and freight elevators with sufficient capacity.
(2) Minimum sidewalk width
All #developments# and horizontal #enlargements# that front upon a #street line# shall provide a sidewalk with a minimum width of 15 feet along the entire frontage of the #zoning lot#. Such sidewalk, and any open area on the #zoning lot# required to meet such minimum width shall be improved as a sidewalk to Department of Transportation standards; shall be at the same level as the adjoining public sidewalk; and shall be accessible to the public at all times. For the purposes of applying the #street wall# location requirements and the height and setback regulations of paragraph (b)(3) of this Section, any sidewalk widening line shall be considered to be the #street line#.
(3) Height and setback
The height and setback regulations of the applicable zoning district shall apply as modified by the provisions of this paragraph.
(i) The #street wall# of any #building# shall be located on the #street line# and shall extend to a height not lower than a minimum base height of 40 feet and not higher than a maximum base height of 75 feet or the height of the #building#, whichever is less. At least 70 percent of the aggregate width of such #street wall# below 12 feet shall be located at the #street line# and no less than 70 percent of the aggregate area of the #street wall# up to the base height shall be located at the #street line#. However, up to a width of 130 feet of such #street wall# located on the short end of the #block# may be set back from the #street line# to accommodate a #public plaza#.
(ii) The height of a #building or other structure#, or portion thereof, located within 10 feet of a #wide street# or within 15 feet of a #narrow street# shall not exceed a maximum base height of 75 feet. Permitted obstructions as set forth in Section 43-42 shall be modified to include dormers above the maximum base height within the front setback area, provided that on any #street# frontage, the aggregate width of all dormers at the maximum base height does not exceed 50 percent of the #street wall# and a maximum height of 110 feet. Beyond 10 feet of a #wide street# and 15 feet of a #narrow street#, the height of a #building or other structure# shall not exceed a maximum #building# height of 110 feet. All heights shall be measured from the #base plane#. Where a #public plaza# is provided pursuant to paragraph (b)(5) of this Section, such maximum #building# height may be increased to 135 feet.
(iii) Along the short dimension of a #block#, up to 130 feet of such #street wall# may be set back from the #street line# to accommodate a #public plaza#, and a #street wall# located at the #street line# that occupies not more than 40 percent of the short end of the #block# may rise without setback to the maximum #building# height.
(4) Ground floor design
(i) The ground floor level #street walls# and ground floor level walls fronting on a #public plaza# of a #development# or horizontal #enlargement# shall be glazed with transparent materials which may include #show windows#, transom windows or glazed portions of doors. Such transparent materials shall occupy at least 50 percent of the surface area of such #street wall#, measured between a height of two feet above the level of the adjoining sidewalk or #public plaza# and a height of 12 feet above the level of the first finished floor above #curb level#. The floor level behind such transparent materials shall not exceed the level of the window sill for a depth of at least four feet, as measured perpendicular to the #street wall#. The ground floor transparency requirements of this paragraph (b)(4)(i) shall not apply to #uses# listed in Use Groups 11, 16, 17 and 18, or to #accessory# loading berths or garage entrances; or
(ii) For #zoning lots# within flood hazard areas, in lieu of the requirements of paragraph (b)(4)(i) of this Section, the provisions of Section 64-22 (Transparency Requirements) shall apply; and
(iii) For any #street wall# greater than 40 feet in width that does not require glazing, as specified in paragraphs (b)(4)(i) or (b)(4)(ii) of this Section, as applicable, the facade, measured between a height of two feet above the level of the adjoining sidewalk and a height of 12 feet above the level of the first finished floor above #curb level#, shall incorporate design elements, including lighting and wall art, or physical articulation.
(5) #Public plazas#
A #public plaza# shall contain an area of not less than 12 percent of the #lot area# of the #zoning lot# and a minimum of at least 2,000 square feet in area. All #public plazas# shall comply with the provisions set forth in Section 37-70, inclusive, except that certification requirements of Sections 37-73 (Kiosks and Open Air Cafes) and 37-78 (Compliance) shall not apply.
(6) Signs
(i) In all Industrial Business Incentive Areas, #signs# are subject to the regulations applicable in C6-4 Districts as set forth in Section 32-60, inclusive. Information #signs# provided pursuant to paragraph (b)(6)(ii) of this Section shall not count towards the maximum permitted #surface area# regulations of Section 32-64 (Surface Area and Illumination Provisions), inclusive.
(ii) An information #sign# shall be provided for all #buildings# subject to the #use# restrictions of this special permit. Such required #sign# shall be mounted on an exterior #building# wall adjacent to and no more than five feet from all primary entrances of the #building#. The #sign# shall be placed so that it is directly visible, without any obstruction, to persons entering the building, and at a height no less than four feet and no more than five and a half feet above the adjoining grade. Such #sign# shall be legible, no less than 12 inches by 12 inches in size and shall be fully opaque, non-reflective and constructed of permanent, highly durable materials. The information #sign# shall contain: the name and address of the building in lettering no less than three-quarters of an inch in height; and the following statement in lettering no less than one-half of an inch in height, “This building is subject to Industrial Business Incentive Area (IBIA) regulations which require a minimum amount of space to be provided for specific industrial uses.” The information #sign# shall include the Internet URL, or other widely accessible means of electronically transmitting and displaying information to the public, where the information required in paragraph (e) of this Section is available to the public.
(c) Findings
[NOTE: Findings moved to Section 74-966]
In order to grant an increase of the maximum permitted #floor area ratio# and modification of #public plaza# regulations, the Commission shall find that such increase or modification:
(1) will promote a beneficial mix of #required industrial# and #incentive uses#;
(2) will result in superior site planning, harmonious urban design relationships and a safe and enjoyable streetscape;
(3) will result in a #building# that has a better design relationship with surrounding #streets# and adjacent open areas;
(4) will result in a #development# or #enlargement# that will not have an adverse effect on the surrounding neighborhood; and
(5) of the #public plaza# requirements will result in a #public plaza# of equivalent or greater value as a public amenity.
The Commission may prescribe appropriate additional conditions and safeguards to minimize adverse effects on the character of the surrounding area.
(d) Compliance and recordation
[NOTE: Compliance and recordation
requirements moved to Section 74-967]
Failure to comply with a condition or restriction in a special permit granted pursuant to Section 74-96 (Modification of Use, Bulk, Parking and Loading Regulations in Industrial Business Incentive Areas), inclusive, or with applicable approved plans, or with provisions of paragraphs (d), (e) and (f), inclusive, shall constitute a violation of this Resolution and may constitute the basis for denial or revocation of a building permit or certificate of occupancy, or for a revocation of such special permit, and for the implementation of all other applicable remedies.
A Notice of Restrictions, the form and content of which shall be satisfactory to the Commission, for a property subject to #use# restrictions or #public plaza# requirements, as applicable, pursuant to this Section, shall be recorded against the subject tax lot in the Office of the City Register or, where applicable, in the County Clerk’s office in the county where the tax lot is located.
The filing and recordation of such Notice of Restrictions shall be a precondition to the issuance of any building permit utilizing the provisions set forth in this Section. The recording information shall be referenced on the first certificate of occupancy to be issued after such notice is recorded, as well as all subsequent certificates of occupancy, for as long as the restrictions remain in effect. No temporary certificate of occupancy for any portion of the #building# to be occupied by #incentive uses# shall be issued until a temporary certificate of occupancy for the core and shell is issued for all portions of the #building# required to be occupied by #required industrial uses#.
(e) Periodic notification by owner
[NOTE: Periodic notification
requirements moved to Section 74-967]
No later than the 20th day after the lease executed by a new tenant permits occupancy of any #required industrial space#, the owner of a #building# subject to #use# restrictions of this Section shall provide the following information at the designated Internet URL, or other widely accessible means of electronically transmitting and displaying information to the public pursuant to paragraph (b)(6)(ii) of this Section. If no new tenant executes a lease for any #required industrial space# within the calendar year, such information shall be provided no later than the 20th day of the following calendar year. Such electronic information source shall be accessible to the general public at all times and include the information specified below:
(1) the date of the most recent update of this information;
(2) total #floor area# of the #required industrial uses# in the #development#;
(3) a digital copy of all approved special permit drawings pursuant to paragraph (a)(1) through (a)(4) of this Section;
(4) the name of each business establishment occupying #floor area# reserved for #required industrial uses#. Such business establishment name shall include that name by which the establishment does business and is known to the public. For each business establishment, the amount of #floor area#, the Use Group, subgroup and specific #use# as listed in this Resolution shall also be included;
(5) contact information, including the name of the owner of the #building# and the building management entity, if different, the name of the person designated to manage the #building#, and the street address, current telephone number and e-mail address of the management office. Such names shall include the names by which the owner and manager, if different, do business and are known to the public; and
(6) all prior periodic notification information required pursuant to the provisions of this paragraph (e). However, such notification information that is older than four years from the date of the most recent update need not be included.
(f) Annual reporting by qualified third party
[NOTE: Annual reporting requirements
moved to Section 74-967]
No later than June 30 of each year, beginning in the first calendar year following the calendar year in which a temporary or final certificate of occupancy was issued for a #building# subject to #use# restrictions of this Section, the owner of a #building# subject to #use# restrictions of this Section shall cause to be prepared a report on the existing conditions of the #building#, as of a date of inspection which shall be no earlier than May 15 of the year in which the report is filed.
The inspection shall be preceded by an annual notification letter from the owner of a #building# subject to #use# restrictions of this Section to all the #required industrial use# tenants of the #building# announcing the date of such inspection, that the organization conducting the inspection shall have access to the spaces occupied by #required industrial uses#, and encouraging the tenants to provide information including, but not limited to, the number of employees for each such space, to the organization.
The owner of a #building# subject to #use# restrictions of this Section shall cause such report to be prepared by either an organization under contract with the City to provide inspection services, or on the Department of Small Business Services list of certified firms that provides such inspection services, or by an organization that the Commissioner of the Department of Small Business Services determines to be qualified to produce such report, provided that any such organization selected by the owner to prepare such report shall have a professional engineer or a registered architect, licensed under the laws of the State of New York, certify the report. Such report shall be in a form provided by the Director of the Department of City Planning, and shall include all of the information required pursuant to the provisions of paragraph (e) of this Section, and additional information as set forth in this paragraph (f):
(1) a description of each establishment including the North American Industry Classification System (NAICS) code and number of employees;
(2) the total amount of #required industrial use floor area# that is vacant, as applicable;
(3) the average annual rent for the portions of the #building#, in the aggregate, required to be occupied by #required industrial uses#. However, prior to 36 months from the date of execution of a lease by the first #required industrial use# tenant in the building, no such figure shall be required to be included in any report due pursuant to this paragraph (f). For all calendar years following the year in which the first average annual rent figure is required to be submitted as part of an annual report, the average annual rent figure reported shall be for the annual average rent for the calendar year two years prior to the year in which the report is due; and
(4) the number of new leases executed during the calendar year, categorized by lease duration, in five year increments from zero to five years, five to 10 years, 10 to 15 years, 15 to 20 years and 20 years or greater.
The report shall be submitted to the Director of the Department of City Planning by any method, including e-mail or other electronic means, acceptable to the Director. The applicable Community Board, Borough President and local City Council member shall be included in such transmission.
74-963
Parking and loading modifications in Industrial Business Incentive Areas
[NOTE: Parking and loading provisions moved to paragraph (c) of Section 74-964 and
required findings moved to Section 74-966]
In association with an application for a special permit for #developments# or #enlargements# pursuant to Section 74-962 (Floor area increase and public plaza modifications in Industrial Business Incentive Areas), the City Planning Commission may reduce or waive the off-street parking requirements set forth in Section 44-20 (REQUIRED ACCESSORY OFF-STREET PARKING SPACES FOR MANUFACTURING, COMMERCIAL OR COMMUNITY FACILITY USES), inclusive, not including bicycle parking, and may also reduce or waive the loading berth requirements as set forth in Section 44-50 (GENERAL PURPOSES), inclusive, provided that the Commission finds that:
(a) such reduction or waiver will not create or contribute to serious traffic congestion and will not unduly inhibit vehicular and pedestrian movement;
(b) the number of curb cuts provided are the minimum required for adequate access to off-street parking and loading berths, and such curb cuts are located so as to cause minimum disruption to traffic, including vehicular, bicycle and pedestrian circulation patterns;
(c) the #streets# providing access to the #development# or #enlargement# are adequate to handle the traffic generated thereby, or provision has been made to handle such traffic; and
(d) the reduction or waiver of loading berths will not create or contribute to serious traffic congestion or unduly inhibit vehicular and pedestrian movement.
The Commission may prescribe appropriate additional conditions and safeguards to minimize adverse effects on the character of the surrounding area.
Permitted floor area increase
[NOTE: Permitted floor area increase provisions moved from Section 74-962, and modified]
In Industrial Business Incentive Areas, the City Planning Commission may increase the maximum #floor area ratio# on a #zoning lot# in accordance with the Table in this Section.
For #developments# or #enlargements# in the district indicated in Column A, for each square foot of #required industrial uses#, the base maximum #floor area ratio# on a #zoning lot#, set forth in Column B, may be increased by 3.5 square feet for each square foot of #required industrial uses#, up to the maximum #floor area ratio# for all #uses# on the #zoning lot#, as set forth in Column E, provided that such #development# or #enlargement# does not include a #transient hotel#, and that such additional increase in #floor area# is occupied by #required industrial uses# and #incentive uses# up to the maximum #floor area ratio# set forth in Column C (Maximum Additional #Floor Area Ratio# for #Required Industrial Uses#), and Column D (Maximum Additional #Floor Area Ratio# for #Incentive Uses#), respectively. In no event shall such #development# or #enlargement# include a #transient hotel#.
FLOOR AREA INCREASE PERMITTED IN INDUSTRIAL BUSINESS INCENTIVE AREAS
|
ABCDE |
|
|
|
|
|
District |
Base Maximum #Floor Area Ratio# |
Maximum Additional #Floor Area Ratio# for #Required Industrial Uses# |
Maximum Additional #Floor Area Ratio# for #Incentive Uses# |
Maximum #Floor Area Ratio# for All #Uses# |
|
M1-2 |
2.0 |
0.8 |
2.0 |
4.8 |
|
M1-4 |
2.0 |
1.3 |
3.2 |
6.5 |
For such #developments# or #enlargements# that, pursuant to this Section, increase their permitted #floor area#, and provide a #public plaza#, the Commission may also increase the maximum height of such #development# or #enlargement# and may modify the requirements for #public plazas# set forth in Section 37-70 (PUBLIC PLAZAS).
Applications for such #floor area# increases and modifications are eligible for modifications set forth in Section 74-964 (Modifications in conjunction with a floor area increase), and are subject to the requirements, conditions and findings set forth in this Section.Section 74-965 and findings set forth in Section 74-966.
74-964
Modifications in conjunction with a floor area increase
In Industrial Business Incentive Areas, the City Planning Commission may modify the following in conjunction with an application for a #floor area# increase pursuant to Section 74-963 (Permitted floor area increase).
[NOTE: Parking and loading provisions moved
from Section 74-963 to paragraph (c) here, and modified]
(a) Bulk modifications
(1) Yard regulations
In all Industrial Business Incentive Areas, the #rear yard# regulations set forth in Section 43-20 (YARD REGULATIONS), inclusive, shall be modified pursuant to the provisions of paragraph (c) of Section 74-965 (Conditions). In addition, the Commission may modify any other #yard# regulations set forth in Section 43-20, inclusive.
(2) Height and setback regulations
(i) In Industrial Business Incentive Area 1, the height and setback regulations of Section 43-40 (HEIGHT AND SETBACK REGULATIONS), inclusive, shall be modified pursuant to the conditions of paragraph (d) of Section 74-965.
(ii) In Industrial Business Incentive Area 2, the Commission may modify the height and setback regulations of Section 43-40, inclusive.
(b) Modification for publicly accessible open space
In Industrial Business Incentive Area 1, where a publicly accessible open space is provided pursuant to paragraph (f) of Section 74-965, the Commission may modify the provisions of Section 37-70 (PUBLIC PLAZAS), inclusive.
(c) Parking and loading modifications
In association with an application for a special permit for developments or enlargements pursuant to Section 74-962 (Floor area increase and public plaza modifications in Industrial Business Incentive Areas), In all Industrial Business Incentive Areas, the City Planning Commission may reduce or waive the off-street parking requirements set forth in Section 44-20 (REQUIRED ACCESSORY OFF-STREET PARKING SPACES FOR MANUFACTURING, COMMERCIAL OR COMMUNITY FACILITY USES), inclusive, not including bicycle parking, and may also reduce or waive the loading berth requirements as set forth in Section 44-50 (GENERAL PURPOSES), inclusive, provided that the Commission finds that:.
74-965
Conditions
[NOTE: Yard provisions moved from Section 74-96 and modified;
Conditions provisions moved from
paragraph (b) of Section 74-962 and modified]
(b) Conditions
In Industrial Business Incentive Areas, applications for #floor area# increases pursuant to Section 74-963 (Permitted floor area increase) and modifications pursuant to Section 74-964 (Modifications in conjunction with a floor area increase), are subject to the following conditions:
(1)(a) Minimum amount of #required industrial uses#
#Required industrial uses# shall occupy a minimum of 5,000 square feet of horizontally contiguous #floor area# of 5,000 square feet in Industrial Business Incentive Area 1, and 2,500 square feet in Industrial Business Incentive Area 2, and shall be served by loading areas and freight elevators with sufficient capacity.
(2)(b) Minimum sidewalk width
In all Industrial Business Incentive Areas, All all #developments# and horizontal #enlargements# that front upon a #street line# shall provide a sidewalk with a minimum width of 15 feet along the entire frontage of the #zoning lot#. Such sidewalk, and any open area on the #zoning lot# required to meet such minimum width shall be improved as a sidewalk to Department of Transportation standards; shall be at the same level as the adjoining public sidewalk; and shall be accessible to the public at all times. For the purposes of applying the #street wall# location requirements and the height and setback regulations of paragraph (b) (3) of this Section, any sidewalk widening line shall be considered to be the #street line#.
(c) Yards
In all Industrial Business Incentive Areas, For #developments# or #enlargements# receiving a #floor area# increase pursuant to this Section, Section 43-20 (YARD REGULATIONS), inclusive, shall be modified as follows: the #rear yard# regulations set forth in Section 43-20 (YARD REGULATIONS), inclusive, shall not apply to any #development# or #enlargement# on a #through lot# or the #through lot# portion of a #zoning lot#.
(3)(d) Height and setback
The height and setback regulations of the applicable zoning district shall apply as modified by the provisions of this paragraph. In Industrial Business Incentive Area 1, the #street wall# location requirements and height and setback regulations of this paragraph shall apply to any #development# or #enlargement#. For the purposes of applying the provisions of this paragraph, any sidewalk widening line provided pursuant to the minimum sidewalk width requirement of paragraph (b) shall be considered the #street line#. All heights shall be measured from the #base plane#.
(i)(1) The #street wall# of any #building# shall be located on the #street line# and shall extend to a height not lower than a minimum base height of 40 feet and not higher than a maximum base height of 75 feet or the height of the #building#, whichever is less. At least 70 percent of the aggregate width of such #street wall# below 12 feet shall be located at the #street line# and no less than 70 percent of the aggregate area of the #street wall# up to the base height shall be located at the #street line#. However, up to a width of 130 feet of such #street wall# located on the short end of the #block# may be set back from the #street line# to accommodate a #public plaza# publicly accessible open space provided pursuant to paragraph (f) of this Section.
(ii)(2) The height of a #building or other structure#, or portion thereof, located within 10 feet of a #wide street# or within 15 feet of a #narrow street# shall not exceed a maximum base height of 75 feet. Permitted obstructions as set forth in Section 43-42 shall be modified to include dormers above the maximum base height within the front setback area, provided that on any #street# frontage, the aggregate width of all dormers at the maximum base height does not exceed 50 percent of the #street wall# and a maximum height of 110 feet. Beyond 10 feet of a #wide street# and 15 feet of a #narrow street#, the height of a #building or other structure# shall not exceed a maximum #building# height of 110 feet. All heights shall be measured from the #base plane#. Where a #public plaza# publicly accessible open space is provided pursuant to paragraph (b)(5)(f) of this Section, such maximum #building# height may be increased to 135 feet.
(iii)(3) Along the short dimension of a #block#, up to 130 feet of such #street wall# may be set back from the #street line# to accommodate a #public plaza# publicly accessible open space provided pursuant to paragraph (f) of this Section, and a #street wall# located at the #street line# that occupies not more than 40 percent of the short end of the #block# may rise without setback to the maximum #building# height.
(4)(e) Ground floor design
In all Industrial Business Incentive Areas, the following shall apply:
(i)(1) The the ground floor level #street walls#, and ground floor level walls fronting on a #public plaza# publicly accessible open space of a #development# or horizontal #enlargement# provided pursuant to paragraph (f) of this Section, shall be glazed with transparent materials which may include #show windows#, transom windows or glazed portions of doors. Such transparent materials shall occupy at least 50 percent of the surface area of such #street wall#, measured between a height of two feet above the level of the adjoining sidewalk or #public plaza# publicly accessible open space and a height of 12 feet above the level of the first finished floor above #curb level#. The floor level behind such transparent materials shall not exceed the level of the window sill for a depth of at least four feet, as measured perpendicular to the #street wall#. The ground floor transparency requirements of this paragraph (b)(4)(i) (e)(1) shall not apply to #uses# listed in Use Groups 11, 16, 17 and 18, or to #accessory# loading berths or garage entrances; or
(ii)(2) For for #zoning lots# within flood hazard areas, in lieu of the requirements of paragraph (b)(4)(i) (e)(1) of this Section, the provisions of Section 64-22 (Transparency Requirements) shall apply; and
(iii)(3) For for any #street wall# greater than 40 feet in width that does not require glazing, as specified in paragraphs (b)(4)(i) (e)(1) or (b)(4)(ii) (e)(2) of this Section, as applicable, the facade, measured between a height of two feet above the level of the adjoining sidewalk and a height of 12 feet above the level of the first finished floor above #curb level#, shall incorporate design elements, including lighting and wall art, or physical articulation.
(5)(f) #Public plazas# Publicly accessible open space
In Industrial Business Incentive Area 1, A #public plaza# a publicly accessible open space shall be provided where the additional #building# height provision of paragraph (d)(2) of this Section is used. Such publicly accessible open space shall contain an area of not less than 12 percent of the #lot area# of the #zoning lot# and a minimum of at least 2,000 square feet in area. In addition, All #public plazas# such publicly accessible open space shall comply with the provisions set forth in Section 37-70 (PUBLIC PLAZAS), inclusive, except that certification requirements of Sections 37-73 (Kiosks and Open Air Cafes) and 37-78 (Compliance) shall not apply.
(6)(g) Signs
In all Industrial Business Incentive Areas, the following shall apply:
(i)(1) In all Industrial Business Incentive Areas, #signs# are #Signs# shall be subject to the regulations applicable in C6-4 Districts as set forth in Section 32-60 (SIGN REGULATIONS), inclusive. Information #signs# provided pursuant to paragraph (b)(6)(ii) (g)(2) of this Section shall not count towards the maximum permitted #surface area# regulations of Section 32-64 (Surface Area and Illumination Provisions), inclusive.
(ii)(2) An information #sign# shall be provided for all #buildings# subject to the #use# restrictions of this special permit. Such required #sign# shall be mounted on an exterior #building# wall adjacent to and no more than five feet from all primary entrances of the #building#. The #sign# shall be placed so that it is directly visible, without any obstruction, to persons entering the building, and at a height no less than four feet and no more than five and a half feet above the adjoining grade. Such #sign# shall be legible, no less than 12 inches by 12 inches in size and shall be fully opaque, non-reflective and constructed of permanent, highly durable materials. The information #sign# shall contain: the name and address of the building in lettering no less than three-quarters of an inch in height; and the following statement in lettering no less than one-half of an inch in height, “This building is subject to Industrial Business Incentive Area (IBIA) regulations which require a minimum amount of space to be provided for specific industrial uses.” The information #sign# shall include the internet URL, or other widely accessible means of electronically transmitting and displaying information to the public, where the information required in paragraph (e)(b) of this Section 74-967 (Compliance, recordation and reporting requirements) is available to the public.
74-966
Findings
[NOTE: Findings of paragraph (a) and (b) moved from paragraph (c) of Section 74-962 and modified; findings of paragraph (c) moved from Section 74-963 and modified]
In order to grant an increase of the maximum permitted #floor area ratio# and modification of #public plaza# regulations additional #floor area# and any modifications to #bulk#, publicly accessible open space or parking and loading regulations, the City Planning Commission shall find that:
(a) For all applications with a #floor area# increase, and for any applications with #bulk# modifications, such increase or modification:
(1) will promote a beneficial mix of #required industrial# and #incentive uses#;
(2) will result in superior site planning, harmonious urban design relationships and a safe and enjoyable streetscape;
(3) will result in a #building# that has a better design relationship with surrounding #streets# and adjacent open areas;
(4) will result in a #development# or #enlargement# that will not have an adverse effect on the surrounding neighborhood; and
(5) of the #public plaza# requirements will result in a #public plaza# space of equivalent or greater value as a public amenity.
will, for #yard# or height and setback regulations, provide a better distribution of #bulk# on the #zoning lot# and will not unduly obstruct the access to light and air of surrounding #streets# and properties.
(b) Where modifications to publicly accessible open space requirements of paragraph (f) of Section 74-965 (Conditions) are proposed, such modifications will result in a publicly accessible open space of equivalent or greater value as a public amenity.
(c) Where modifications to parking or loading regulations are proposed:
(a)(1) such reduction or waiver of required parking spaces will not create or contribute to serious traffic congestion and will not unduly inhibit vehicular and pedestrian movement;
(b)(2) the number of curb cuts provided are the minimum required for adequate access to off-street parking and loading berths, and such curb cuts are located so as to cause minimum disruption to traffic, including vehicular, bicycle and pedestrian circulation patterns;
(c)(3) the #streets# providing access to the #development# or #enlargement# are adequate to handle the traffic generated thereby, or provision has been made to handle such traffic; and
(d)(4) the reduction or waiver of loading berths requirements will not create or contribute to serious traffic congestion or unduly inhibit vehicular and pedestrian movement.
The Commission may prescribe appropriate additional conditions and safeguards to minimize adverse effects on the character of the surrounding area.
74-967
Compliance, recordation and reporting requirements
[NOTE: Provisions moved from paragraphs
(d), (e) and (f) of Section 74-962, and modified]
Applications for #floor area# increases and modifications in Industrial Business Incentive Areas are subject to the following requirements:
(d)(a) Compliance and recordation
Failure to comply with a condition or restriction in a special permit granted pursuant to Section 74-96 (Industrial Business Incentive Areas)(Modification of Use, Bulk, Parking and Loading Regulations in Industrial Business Incentive Areas), inclusive, or with applicable approved plans, or with provisions of paragraphs (d), (e) and (f), inclusive, (a), (b) and (c) of this Section, shall constitute a violation of this Resolution and may constitute the basis for denial or revocation of a building permit or certificate of occupancy, or for a revocation of such special permit, and for the implementation of all other applicable remedies.
A Notice of Restrictions, the form and content of which shall be satisfactory to the Commission, for a property subject to #use# restrictions or #public plaza# requirements, as applicable, pursuant to this Section, shall be recorded against the subject tax lot in the Office of the City Register or, where applicable, in the County Clerk’s office in the county where the tax lot is located.
The filing and recordation of such Notice of Restrictions shall be a precondition to the issuance of any building permit utilizing the provisions set forth in this Section. The recording information shall be referenced on the first certificate of occupancy to be issued after such notice is recorded, as well as all subsequent certificates of occupancy, for as long as the restrictions remain in effect. No temporary certificate of occupancy for any portion of the #building# to be occupied by #incentive uses# shall be issued until a temporary certificate of occupancy for the core and shell is issued for all portions of the #building# required to be occupied by #required industrial uses#.
(e)(b) Periodic notification by owner
No later than the 20th day after the lease executed by a new tenant permits occupancy of any #required industrial space#, the owner of a #building# subject to #use# restrictions of this Section special permit shall provide the following information at the designated internet URL, or other widely accessible means of electronically transmitting and displaying information to the public pursuant to paragraph (b)(6)(ii) of this Section paragraph (g)(2) of Section 74-965 (Conditions). If no new tenant executes a lease for any #required industrial space# within the calendar year, such information shall be provided no later than the 20th day of the following calendar year. Such electronic information source shall be accessible to the general public at all times and include the information specified below:
(1) the date of the most recent update of this information;
(2) total #floor area# of the #required industrial uses# in the #development#;
(3) a digital copy of all approved special permit drawings pursuant to paragraph (a)(1) through (a)(4) of this Section Section 74-962 (Application requirements);
(4) the name of each business establishment occupying #floor area# reserved for #required industrial uses#. Such business establishment name shall include that name by which the establishment does business and is known to the public. For each business establishment, the amount of #floor area#, the Use Group, subgroup and specific #use# as listed in this Resolution shall also be included;
(5) contact information, including the name of the owner of the #building# and the building management entity, if different, the name of the person designated to manage the #building#, and the street address, current telephone number and e-mail address of the management office. Such names shall include the names by which the owner and manager, if different, do business and are known to the public; and
(6) all prior periodic notification information required pursuant to the provisions of this paragraph (e)(b). However, such notification information that is older than four years from the date of the most recent update need not be included.
(f)(c) Annual reporting by qualified third party
In Industrial Business Incentive Area 1, applications for a special permit pursuant to Section 74-96 are subject to the following annual reporting requirements:
No later than June 30 of each year, beginning in the first calendar year following the calendar year in which a temporary or final certificate of occupancy was issued for a #building# subject to #use# restrictions of this Section, the owner of a #building# subject to #use# restrictions of this Section shall cause to be prepared a report on the existing conditions of the #building#, as of a date of inspection which shall be no earlier than May 15 of the year in which the report is filed.
The inspection shall be preceded by an annual notification letter from the owner of a #building# subject to #use# restrictions of this Section to all the #required industrial use# tenants of the #building# announcing the date of such inspection, that the organization conducting the inspection shall have access to the spaces occupied by #required industrial uses#, and encouraging the tenants to provide information including, but not limited to, the number of employees for each such space, to the organization.
The owner of a #building# subject to #use# restrictions of this Section shall cause such report to be prepared by either an organization under contract with the City to provide inspection services, or on the Department of Small Business Services list of certified firms that provides such inspection services, or by an organization that the Commissioner of the Department of Small Business Services determines to be qualified to produce such report, or, in Industrial Business Incentive Area 2, by a special inspection agency that is registered with the City as established in section 28-101.5 of the Administrative Code. provided that any such Such organization or agency selected by the owner to prepare such report shall have a professional engineer or a registered architect, licensed under the laws of the State of New York, certify the report. Such report shall be in a form provided by the Director of the Department of City Planning, and shall include all of the information required pursuant to the provisions of paragraph (e)(b) of this Section, and additional information as set forth in this paragraph (f)(c):
(1) a description of each establishment including the North American Industry Classification System (NAICS) code and number of employees;
(2) the total amount of #required industrial use floor area# that is vacant, as applicable;
(3) the average annual rent for the portions of the #building#, in the aggregate, required to be occupied by #required industrial uses#. However, prior to 36 months from the date of execution of a lease by the first #required industrial use# tenant in the building, no such figure shall be required to be included in any report due pursuant to this paragraph (f)(c). For all calendar years following the year in which the first average annual rent figure is required to be submitted as part of an annual report, the average annual rent figure reported shall be for the annual average rent for the calendar year two years prior to the year in which the report is due; and
(4) the number of new leases executed during the calendar year, categorized by lease duration, in five year increments from zero to five years, five to 10 years, 10 to 15 years, 15 to 20 years and 20 years or greater.
The report shall be submitted to the Director of the Department of City Planning by any method, including e-mail or other electronic means, acceptable to the Director. The applicable Community Board, Borough President and local City Council member shall be included in such transmission.
74-968
Maps of Industrial Business Incentive Areas
[NOTE: Map 1 moved from Section 74-96 and additional borough map added]
Map of Industrial Business Incentive Areas:
Map 1: Brooklyn
[EXISTING MAP]
Portion of Community District 1, Borough of Brooklyn
Map 2: Queens
[PROPOSED MAP]
Portion of Community District 2, Borough of Queens
* * *
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 March 18, 2021, on file in this office.
.....................................................
City Clerk, Clerk of The Council