THE COUNCIL OF THE CITY OF NEW YORK
RESOLUTION NO. 1185
Resolution approving the decision of the City Planning Commission on Application No. N 070515 ZRM, for an amendment of the Zoning Resolution of the City of New York, relating to Article X, Chapter 9 (Special Little Italy District), to modify the provisions of Sections 109-132 and 109-332 (Treatment of the Ground Level Wall) and to delete Section 109-25 (Mandatory Sidewalk Improvements) (L.U. No. 631).
By Council Members Katz and Avella
WHEREAS, the City Planning Commission filed with the Council on November 16, 2007 its decision dated November 14, 2007 (the "Decision"), on the application submitted by the Department of City Planning, pursuant to Section 201 of the New York City Charter, for an amendment to the text of the Zoning Resolution of the City of New York (Application No. N 070515 ZRM), Community District 2, Borough of Manhattan (the "Application");
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 December 6, 2007;
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 Negative Declaration, issued on July 23, 2007 (CEQR No. 08DCP004M);
RESOLVED:
The Council finds that the action described herein will have no significant effect on the environment;
Pursuant to Sections 197-d and 200 of the City Charter and on the basis of the Decision and Application, the Council approves the Decision; and
The Zoning Resolution of the City of New York, effective as of December 15, 1961, and as subsequently amended, is further amended as follows:
Matter in underline is new, to be added;
Matter in strike out is old, to be deleted;
Matter within # # is defined in Section 12-10 (DEFINITIONS)
*** indicates where unchanged text appears in the Resolution
Article X - Special Purpose Districts
Chapter 9
Special Little Italy District
* * *
2/3/77
109-132
Treatment of the ground level wall
At least 25 percent of the total surface area of the entire front wall of a #development# up to a height of 12 feet above #curb level# or to the ceiling of the ground #story#, whichever is higher, shall be transparent. Transparent areas may include storefronts subject to Section 109-50. Door or window openings within such surface areas shall be considered transparent. Such opening shall have a minimum width of 2 feet. In addition, any portion of such building wall 20 feet or more in length, which contains no transparent areas at ground floor level, shall be covered with vines or similar planting in permitted front wall recesses, or contain art work approved by the New York City Art Commission, or be treated so as to provide visual relief from large expanses of blank walls. Planting shall consist of shrubs, ivy or creepers and shall be planted in soil having a depth of not less than 2 feet, 6 inches, and a minimum width of 24 inches. Approval by the New York City Art Commission for any such artwork shall be obtained prior to the issuance of a building permit for the #development#.
* * *
109-25
Mandatory Sidewalk Improvements
All new #developments#, #enlargements#, changes of #use# within the same or to other #use# groups of at least 50 percent of the #floor area# of an existing #building#, or an alteration above 30 percent of the building value of an existing #building#, pursuant to the applicable articles of the Building Code of the City of New York, within Area A-1 shall provide, extending for the entire length of the #street# frontage of the #zoning lot#, sidewalk paving consisting of brick pavers and granite curbs as illustrated herein and approved by the Department of Transportation. The provisions of Section 109-17 (Mandatory Street Trees) shall not apply in Area A-1.
[DRAWING TO BE ELIMINATED]
PAVING AREA A-1
(Pattern and Size of brick pavers are flexible)
2/3/77
109-332
Treatment of the ground level wall
For a building wall facing a #narrow street#, at least 25 percent of the total surface area of such building wall up to a height of 12 feet above #curb level# or to the ceiling of the ground floor, whichever is higher, shall be transparent. Transparent areas may include storefronts subject to Section 109-50 (SPECIAL REVIEW PROVISIONS). Door or window openings within such surface areas shall be considered transparent. Such openings shall have a minimum width of two feet.
In addition, any portion of such building wall 20 feet or more in length, which contains no transparent area at ground floor level, shall be covered with vines or similar planting in permitted front wall recesses, or contain artwork approved by the New York City Art Commission, or be treated so as to provide visual relief from large expanses of blank walls. Planting shall consist of shrubs, ivy or creepers and shall be planted in soil having a depth of not less than 2 feet 6 inches, and a minimum width of 24 inches. Approval by the New York City Art Commission for any such artwork shall be obtained prior to the issuance of a building permit for the #development#.
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 December 11, 2007, on file in this office.
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City Clerk, Clerk of The Council