THE COUNCIL OF THE CITY OF NEW YORK
RESOLUTION NO. 1584
Title
Resolution approving with modifications the decision of the City Planning Commission on Application No. N 120310 ZRM, for an amendment of the Zoning Resolution of the City of New York, concerning Article II, Chapter 3 (Bulk Regulations for Residential Buildings in Residence Districts), Article II, Chapter 4 (Bulk Regulations for Community Facility Buildings in Residence Districts), Article III, Chapter 3 (Bulk Regulations for Commercial and Community Facility Buildings in Commercial Districts), Article XII, Chapter 3 (Special Mixed Use Districts) for the purpose of establishing Special Mixed Use District 15, and Appendix F, relating to the application of the Inclusionary Housing Program to proposed R8A and R9X districts in Community District 9 in the Borough of Manhattan (L.U. No. 716).
Body
By Council Members Comrie and Weprin
WHEREAS, the City Planning Commission filed with the Council on September 7, 2012 its decision dated September 5, 2012 (the "Decision"), pursuant to Section 201 of the New York City Charter, regarding an application submitted by New York City Department of City Planning, concerning Article II, Chapter 3 (Bulk Regulations for Residential Buildings in Residence Districts), Article II, Chapter 4 (Bulk Regulations for Community Facility Buildings in Residence Districts), Article III, Chapter 3 (Bulk Regulations for Commercial and Community Facility Buildings in Commercial Districts), Article XII, Chapter 3 (Special Mixed Use Districts) for the purpose of establishing Special Mixed Use District 15, and Appendix F, relating to the application of the Inclusionary Housing Program to proposed R8A and R9X districts in Community District 9. This action in conjunction with the related application for the proposed zoning map amendment would facilitate the West Harlem Rezoning, an area-wide 90-block rezoning of northern West Harlem (Application No. N 120310 ZRM), Community District 9, Borough of Manhattan (the "Application");
WHEREAS, the Application is related to Application C 120309 ZMM (L.U. No. 715), an amendment to the Zoning Map;
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 3, 2012;
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 Environmental Impact Statement (“FEIS”) for which a Notice of Completion was issued on August 24, 2012, and the Technical Memorandum dated September 5, 2012 and October 26, 2012 (collectively, the “Technical Memoranda”) (CEQR No. 12DCP070M);
RESOLVED:
Having considered the FEIS and the Technical Memoranda, with respect to the Decision and Application, the Council finds that:
(1) The FEIS meets the requirements of 6 N.Y.C.R.R. Part 617;
Consistent with social, economic and other essential considerations, from among the reasonable alternatives thereto, the action, as modified herein, to be approved is one which minimizes or avoids adverse environmental impacts to the maximum extent practicable;
The adverse environmental impacts disclosed in the FEIS and the Technical Memoranda will be minimized or avoided to the maximum extent practicable by incorporating as conditions to the proposed actions, as modified herein, those mitigative measures that were identified as practicable; and
The Decision together with the FEIS and the Technical Memoranda, 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, and based on the environmental determination and consideration described in this report, C 120310 ZRM, incorporated by reference herein, the Council approves the Decision with the following modifications:
The Zoning Resolution of the City of New York, effective as of December 15, 1961, and as subsequently amended, is further amended as follows:
Matter in underline is new, to be added;
Matter in strikeout is to be deleted;
Matter in [ ] is deleted by City Council;
Matter in bold double underline is new, added by City Council;
Matter with # # is defined in Section 12-10;
* * * indicates where unchanged text appears in the Zoning Resolution
Article II
Residence District Regulations
* * *
Chapter 3
Bulk Regulations for Residential Buildings in Residence Districts
* * *
23-142
In R6, R7, R8 or R9 Districts
R6 R7 R8 R9
Except as otherwise provided in the following Sections:
Section 23-144 (In designated areas where the Inclusionary Housing Program is applicable)
Section 23-145 (For Quality Housing buildings)
Section 23-146 (Optional provisions for certain R5 and R6 Districts in Brooklyn)
Section 23-147 (For non-profit residences for the elderly); and
Section 23-148 (For tower-on-a-base buildings in R9 Districts); and
Section 23-149 (Special floor area regulations for certain sites in Community District 9, Borough of Manhattan)
In the districts indicated, the minimum required #open space ratio# and the maximum #floor area ratio# for any #zoning lot# shall be as set forth in the following table for #zoning lots# with the #height factor# indicated in the table.
* * *
23-144
In designated areas where the Inclusionary Housing Program is applicable
In #Inclusionary Housing designated areas#, as listed in the table in this Section, the maximum permitted #floor area ratios# shall be as set forth in Section 23-952 (Floor area compensation in Inclusionary Housing designated areas). The locations of such areas are specified in APPENDIX F (Inclusionary Housing Designated Areas) of this Resolution.
Community District Zoning District
Community District 1, Bronx R6A R7-2 R7A R7X R8A
Community District 4, Bronx R8A R9D
Community District 7, Bronx R7D
Community District 1, Brooklyn R6 R6A R6B R7A R7-3
Community District 2, Brooklyn R7A R8A R9A
Community District 3, Brooklyn R7D
Community District 6, Brooklyn R7-2
Community District 7, Brooklyn R7A R8A
Community District 14, Brooklyn R7A
Community District 3, Manhattan R7A R8A R9A
Community District 6, Manhattan R10
Community District 7, Manhattan R9A R10
Community District 9, Manhattan [R8A] R7D R9X
Community District 1, Queens R7A
Community District 2, Queens R7X
* * *
23-149
Special floor area regulations for certain sites in Community District 9, Borough of Manhattan
Within the boundaries of Community District 9 in the Borough of Manhattan, all #buildings# located in R8 Districts north of West 125th Street shall be #developed# or #enlarged# pursuant to the Quality Housing Program and are subject to the #floor area# regulations set forth in Section 23-145 (For Quality Housing buildings).
* * *
23-636
Special height and setback regulations for certain sites in Community District 9, Borough of Manhattan
Within the boundaries of Community District 9 in the Borough of Manhattan, all #buildings# located in R8 Districts north of West 125th Street shall be #developed# or #enlarged# pursuant to the Quality Housing Program.
* * *
23-952
Floor area compensation in Inclusionary Housing designated areas
* * *
Maximum #Residential Floor Area Ratio#
District Base #floor area ratio# Maximum #floor area ratio#
R6B 2.00 2.20
R6* 2.20 2.42
R6** R6A R7-2* 2.70 3.60
R7A R7-2** 3.45 4.60
R7D 4.20 5.60
R7X 3.75 5.00
R8 5.40 7.20
R9 6.00 8.00
R9A 6.50 8.50
R9D 7.5 10.0
R9X 7.3 9.7
R10 9.00 12.00
---
* for #zoning lots#, or portions thereof, beyond 100 feet of a #wide street#
** for #zoning lots#, or portions thereof, within 100 feet of a #wide street#
* * *
24-523
Special height and setback regulations
R5D R8 R10
(a) Community District 7, Manhattan
Within the boundaries of Community District 7 in the Borough of Manhattan, all #buildings or other structures# located in R10 Districts, except R10A or R10X Districts, shall comply with the requirements of Section 23-634 (Special height and setback regulations in R10 Districts within Community District 7, Borough of Manhattan).
(b) Community District 9, Manhattan
Within the boundaries of Community District 9 in the Borough of Manhattan, all #buildings# located in R8 Districts located north of West 125th Street shall be #developed# or #enlarged# pursuant to the #residential bulk# regulations of the Quality Housing Program.
(c) R5D Districts
In R5D Districts, all #buildings or other structures# shall comply with the height and setback requirements set forth in Section 23-60 (HEIGHT AND SETBACK REGULATIONS).
* * *
33-433
Special height and setback regulations
(a) Within the boundaries of Community District 7 in the Borough of Manhattan, all #buildings or other structures# located in an R10 equivalent #Commercial Districts# without a letter suffix shall comply with the requirements of Section 23-634 (Special height and setback regulations in R10 Districts within Community District7, Borough of Manhattan).
(b) Within the boundaries of Community District 9 in the Borough of Manhattan, all #buildings# located in R8 Districts located north of West 125th Street shall be #developed# or #enlarged# pursuant to the #residential bulk# regulations of the Quality Housing Program.
(c) In C1 or C2 Districts mapped within R5D Districts, all #buildings or other structures# shall comply with the height and setback requirements of Section 23-60.
* * *
Article XII
Special Purpose Districts
Chapter 3
Special Mixed Use District
* * *
123-662
All buildings in Special Mixed Use Districts with R6, R7, R8, R9 and R10 District designations
In #Special Mixed Use Districts# where the designated #Residence District# is an R6, R7, R8, R9 or R10 District, the height and setback regulations of Sections 23-60 and 43-40 shall not apply. In lieu thereof, all #buildings or other structures# shall comply with the height and setback regulations of this Section.
(a) Medium and high density non-contextual districts
(1) In #Special Mixed Use Districts# where the designated #Residence District# is an R6, R7, R8, R9 or R10 District, except an R6A, R6B, R7A, R7B, R7D, R7X, R8A, R8B, R8X, R9A, R9X, R10A or R10X District, the height of a #building or other structure#, or portion thereof, located within ten feet of a #wide street# or 15 feet of a #narrow street#, may not exceed the maximum base height specified in Table A of this Section, except for dormers permitted in accordance with paragraph (c) of this Section. Beyond ten feet of a #wide street# and 15 feet of a #narrow street#, the height of a #building or other structure# shall not exceed the maximum #building# height specified in Table A. However, a #building or other structure# may exceed such maximum #building# height by four #stories# or 40 feet, whichever is less, provided that the gross area of each #story# located above the maximum #building# height does not exceed 80 percent of the gross area of that #story# directly below it.
Table A
HEIGHT AND SETBACK FOR ALL BUILDINGS
IN MEDIUM AND HIGH DENSITY NON-CONTEXTUAL DISTRICTS
(in feet)
Maximum Maximum
District Base Height #Building# Height
R6 60 110
R7-1 R7-2 60 135
R7-3 85 185
R8 85 210
R9 85 225
R9-1 90 280
R10 110 350
(2) In #Special Mixed Use District# 15 in the Borough of Manhattan, where the designated #Residence District# is an R7-2 District, the height and setback regulations of paragraph (1) of this Section shall not apply. In lieu thereof, the following height and setback regulations shall apply. A #building or other structure#, or portion thereof, located within ten feet of a #wide street# or 15 feet of a #narrow street#, shall rise to a minimum height of 60 feet, and may rise to a maximum height of 85 feet, except for dormers permitted in accordance with paragraph (c) of this Section. At least 70 percent of the #aggregate width of street walls# shall be located on the #street line# and shall extend to the minimum base height of 60 feet or the height of the #building#, whichever is less. The remaining 30 percent of the #aggregate width of street walls# shall be located within eight feet of the #street line#. Existing #buildings# may be vertically #enlarged# by up to one #story# or 15 feet without regard to the #street wall# location provisions of this paragraph, (a)(2). Beyond ten 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 135 feet. However, a #building or other structure# may exceed a height of 135 feet by four #stories# or 40 feet, whichever is less, provided that the gross area of each #story# located above the 135 feet does not exceed 80 percent of the gross area of that #story# directly below it.
(b) Medium and high density contextual districts
In #Special Mixed Use Districts# where the #Residence District# designation is an R6A, R6B, R7A, R7B, R7D, R7X, R8A, R8B, R8X, R9A, R9X, R10A or R10X District, no #building or other structure# shall exceed the maximum #building# height specified in Table B of this Section.
Setbacks are required for all portions of #buildings# that exceed the maximum base height specified in Table B. Such setbacks shall be provided in accordance with the following provisions:
(1) #Building# walls facing a #wide street# shall provide a setback at least ten feet deep from such wall of the #building# at a height not lower than the minimum base height specified in Table B. #Building# walls facing a #narrow street# shall provide a setback at least 15 feet deep from such wall of the #building# at a height not lower than the minimum base height specified in Table B.
(2) These setback provisions are optional for any #building# wall that is either located beyond 50 feet of a #street line# or oriented so that lines drawn perpendicular to such #building# wall would intersect a #street line# at an angle of 65 degrees or less. In the case of an irregular #street line#, the line connecting the most extreme points of intersection shall be deemed to be the #street line#.
(3) Required setback areas may be penetrated by dormers in accordance with paragraph (c) of this Section.
(4) Where the #Residence District# designation is an R10X District, no maximum #building# height shall apply. However, the minimum coverage of any portion of a #building# that exceeds the permitted maximum base height shall be 33 percent of the #lot area# of the #zoning lot#. Such minimum #lot# coverage requirement shall not apply to the highest four #stories# of the #building#.
TABLE B
HEIGHT AND SETBACK FOR ALL BUILDINGS
IN MEDIUM AND HIGH DENSITY CONTEXTUAL DISTRICTS
(in feet)
Minimum Maximum Maximum
Base Base #Building#
District Height Height Height
R6B 30 40 50
R6A 40 60 70
R7B 40 60 75
R7A 40 65 80
R7D 60 85 100
R7X 60 85 125
R8A 60 85 120
R8B 55 60 75
R8X 60 85 150
R9A** 60 95 135
R9A* 60 102 145
R9X** 60 120 160
R9X* 105 120 170
R10A** 60 125 185
R10A* 125 150 210
R10X 60 85 ***
------
* That portion of a district which is within 100 feet of a #wide street#
** That portion of a district on a #narrow street# except within a distance of 100 feet from its intersection with a #wide street#
*** #Buildings# may exceed a maximum base height of 85 feet in accordance with paragraph (b)(4) of this Section
(c) Permitted obstructions and dormer provisions
Obstructions shall be permitted pursuant to Sections 23-62, 24-51 or 43-42. In addition, within a required setback area, a dormer may exceed a maximum base height specified in Tables A or B of this Section and thus penetrate a required setback area, provided that, on any #street# frontage, the aggregate width of all dormers at the maximum base height does not exceed 60 percent of the length of the #street wall# of the highest #story# entirely below the maximum base height. At any level above the maximum base height, the length of a #street wall# of a dormer shall be decreased by one percent for every foot that such level of dormer exceeds the maximum base height. (See illustration of Dormer in Section 62-341).
However, all #buildings or other structures# on #waterfront blocks#, as defined in Section 62-11, shall comply with the height and setback regulations set forth for the designated #Residential District# as set forth in Section 62-34 (Height and Setback Regulations on Waterfront Blocks), inclusive.
* * *
123-90
SPECIAL MIXED USE DISTRICTS SPECIFIED
The #Special Mixed Use District# is mapped in the following areas:
* * *
#Special Mixed Use District# - 14:
Third Avenue/Tremont Avenue, the Bronx
The #Special Mixed Use District# - 14 is established along Third Avenue in the Bronx as indicated on the #zoning maps#.
#Special Mixed Use District# - 15:
West Harlem, Manhattan
The #Special Mixed Use District# - 15 is established in West Harlem in Manhattan as indicated on the #zoning maps#.
* * *
APPENDIX F: Inclusionary Housing Designated Areas
* * *
Manhattan
* * *
Manhattan Community District 9, 10 and 11
* * *
In the [R8A] R7D and R9X Districts within the areas shown on the following Map 2:
Map 2
Portions of Community District 9, Manhattan
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, 2012, on file in this office.
.....…….........................................
City Clerk, Clerk of The Council