THE COUNCIL OF THE CITY OF NEW YORK

RESOLUTION NO. 1511

Resolution approving with modifications the decision of the City Planning Commission on Application No. N 160327(A) ZRX, for an amendment of the Zoning Resolution of the City of New York, modifying Article II, Chapter 3 relating to bulk regulations in Mandatory Inclusionary Housing areas, and modifying Appendix F for the purpose of establishing a Mandatory Inclusionary Housing area in Community District 9, Borough of the Bronx (L.U. No. 611).

By Council Members Greenfield and Richards

WHEREAS, the City Planning Commission filed with the Council on April 7, 2017 its decision and report dated April 5, 2017 (the "Decision"), pursuant to Section 201 of the New York City Charter, regarding an application submitted by Westchester Mews, LLC, for an amendment of the text of the Zoning Resolution of the City of New York, modifying Article II, Chapter 3 relating to bulk regulations in Mandatory Inclusionary Housing areas, and modifying Appendix F for the purpose of establishing a Mandatory Inclusionary Housing area, (Application No. N 160327(A) ZRX), Community District 9, Borough of the Bronx (the "Application");

WHEREAS, the Application is related to applications C 160326 ZMX (L.U. No. 610), an amendment to the Zoning Map to change property from R5 and R5/C2-2 Districts to R6 and R6/C2-4 Districts; and 20175390 HAX (L.U. 627), a tax exemption pursuant to Article XI of the Private Housing Finance Law;

                          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 May 2, 2017;

                           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 revised negative declaration issued on March 6, 2017 (CEQR No. 16DCP080X), which includes (E) designations to avoid the potential for significant adverse impacts related to air quality, noise and hazardous materials (E-406) (the “Revised Negative Declaration”);

RESOLVED:

The Council finds that the action described herein will have no significant impact on the environment as set forth in the Revised Negative Declaration.

Pursuant to Sections 197-d and 200 of the City Charter and on the basis of the Decision, Application, and based on the environmental determination and consideration described in the Decision, the Council approves the Decision with the following modifications:

Matter underlined is new, to be added;

Matter struck out is to be deleted;

Matter within # # is defined in Section 12-10;

Matter double struck-out is old, deleted by the City Council;

Matter double-underlined is new, added by the City Council;

* * * indicates where unchanged text appears in the Zoning Resolution

Article II
RESIDENCE DISTRICT REGULATIONS

Chapter 3
Residential Bulk Regulations in Residence Districts

*     *     *

23-10

OPEN SPACE AND FLOOR AREA REGULATIONS

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

*     *     *

23-15

Open Space and Floor Area Regulations in R6 through R10 Districts   

R6 R7 R8 R9 R10

*     *     *

23-153

For Quality Housing buildings

R6 R7 R8 R9 R10

In the districts indicated, for #Quality Housing buildings#, the maximum #floor area ratio# and maximum #residential lot coverage# for #interior lots# or #through lots# shall be as set forth in the table in this Section. The maximum #residential lot coverage# for a #corner lot# shall be 100 percent.

The maximums for #zoning lots#, or portions thereof, located within 100 feet of a #wide street# in R6, R7 or R8 Districts without a letter suffix outside the #Manhattan Core#, shall be as designated by the same district with an asterisk. In an R6 District inside the #Manhattan Core# located within 100 feet of a #wide street#, the maximums shall be indicated by the same district with a double asterisk.

MAXIMUM LOT COVERAGE AND FLOOR AREA RATIO

FOR QUALITY HOUSING BUILDINGS

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¹                     for #zoning lots#, or portions thereof, located within 100 feet of a #wide street# in R6, R7 or R8 Districts without a letter suffix outside the #Manhattan Core#

²                     for #zoning lots# in an R6 District inside the #Manhattan Core# located within 100 feet of a #wide street#

³                     the maximum #lot coverage# for #zoning lots# in Mandatory Inclusionary Housing Area 1 (date of adoption) in Community District 9 in the Borough of the Bronx in an R6 District utilizing the height and setback provisions of paragraph (c) of Section 23-664

23-154

Inclusionary Housing

*     *     *

 (d)                     Special #floor area# provisions for #zoning lots# in #Mandatory Inclusionary Housing areas#

For #zoning lots# in #Mandatory Inclusionary Housing areas#, the following provisions shall apply:

*     *     *

(2)                     Maximum #floor area ratio#

The maximum #floor area ratio# for the applicable zoning district in #Inclusionary Housing designated areas# set forth in paragraph (b) of this Section shall apply to any #MIH development#. However, in an R7-3 or R7X District, the maximum #floor area ratio# for any #MIH development# shall be 6.0, and in an R6 District without a letter suffix in Mandatory Inclusionary Housing Area 1 (date of adoption) in Community District 9 in the Borough of the Bronx, it shall be 3.6. the maximum #floor area ratio# for any #MIH development# in an R6 District without a letter suffix shall be 3.6, and in an R7-3 or R7X District, the maximum #floor area ratio# shall be 6.0 for any #MIH development#.

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APPENDIX F

Inclusionary Housing Designated Areas and Mandatory Inclusionary Housing Areas

*     *     *

The Bronx

*     *     *

The Bronx Community District 9

*     *     *

In the R6 District within the areas shown on the following Map 1:

Map 1 - [date of adoption]

[PROPOSED MAP]

                     Mandatory Inclusionary Housing area   see Section 23-154(d)(3)

Area 1 (date of adoption) ─ MIH Program Option 1 and Option 2

Portion of Community District 9, The Bronx

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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 May 24, 2017, on file in this office.

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                                                                                                                                                                                   City Clerk, Clerk of The Council