New York City Council Header
File #: Res 1149-2011    Version: * Name: LU 520 - Zoning, Amendment to Zoning Resolution, Brooklyn (N110387ZRK)
Type: Resolution Status: Adopted
Committee: Committee on Land Use
On agenda: 11/29/2011
Enactment date: Law number:
Title: Resolution approving the decision of the City Planning Commission on Application No. N 110387 ZRK, for an amendment of the Zoning Resolution of the City of New York, relating to Article I, Chapters I, II and IV, and Article XIII, Chapter 2, to establish the Special Fourth Avenue Enhanced Commercial District, in the Community Districts 2, 6 and 7, Borough of Brooklyn (L.U. No. 520).
Sponsors: Leroy G. Comrie, Jr., Mark S. Weprin
Council Member Sponsors: 2
Attachments: 1. Committee Report, 2. Hearing Transcript - Stated Meeting 11-29-11
THE COUNCIL OF THE CITY OF NEW YORK
RESOLUTION NO. 1149
 
 
Resolution approving the decision of the City Planning Commission on Application No. N 110387 ZRK, for an amendment of the Zoning Resolution of the City of New York, relating to Article I, Chapters I, II and IV, and Article XIII, Chapter 2, to establish the Special Fourth Avenue Enhanced Commercial District, in the Community Districts 2, 6 and 7, Borough of Brooklyn (L.U. No. 520).
 
 
By Council Members Comrie and Weprin
 
           WHEREAS, the City Planning Commission filed with the Council on October 24, 2011 its decision dated October 19, 2011 (the "Decision"), pursuant to Section 201 of the New York City Charter, regarding an application submitted by the Department of City Planning, for an amendment of the text of the Zoning Resolution of the City of New York, the proposed text amendment will establish the Special Fourth Avenue Enhanced Commercial District on 56 blocks of Fourth Avenue between Atlantic Avenue and 25th Street (Application No. N 110387 ZRK), Community Districts 2, 6 and 7, Borough of Brooklyn (the "Application");
 
      WHEREAS, the Application is related to Application C 110386 ZMK (L.U. No. 519), a zoning map change to map the Special District as "EC" on 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 November 16, 2011;
 
           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 June 20, 2011 (CEQR No. 11DCP147K);
 
RESOLVED:
 
      The Council finds that the action described herein will have no significant impact on the environment.
 
 
 
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, N 110387 ZRK, incorporated by reference herein, 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 in underline is new, to be added;
Matter in strikeout is old, to be deleted;
Matter within #   # is defined in Section 12-10;
* * *  indicate where unchanged text appears in the Zoning Resolution
 
Article I: General Provisions
 
Chapter 1
Title, Establishment of Controls and Interpretation of Regulations
 
* * *
 
11-12
Establishment of Districts
 
* * *
 
11-122
Districts established
 
* * *
 
Special Purpose Districts
 
Establishment of the Special 125th Street District
 
* * *
 
Establishment of the Special Fourth Avenue Enhanced Commercial District
 
In order to carry out the special purposes of this Resolution as set forth in Article XIII, Chapter 2, the #Special Fourth Avenue Enhanced Commercial District# is hereby established.
* * *
 
Chapter 2 - Construction of Language and Definitions
 
* * *
12-10
Definitions
 
* * *
 
Special 125th Street District
 
* * *
 
Special Fourth Avenue Enhanced Commercial District
 
The "Special Fourth Avenue Enhanced Commercial District" is a Special Purpose District designated by the letters "EC" in which special regulations set forth in Article XIII, Chapter 2 apply.
 
* * *
 
Chapter 4 - Sidewalk Café Regulations
 
* * *
 
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).
 
* * *
 
 
 
 
 
      #Enclosed Sidewalk      #Unenclosed Sidewalk
Brooklyn      Cafe#      Cafe#
 
 
Fourth Avenue Enhanced Commercial District      No      Yes
 
Bay Ridge District      Yes      Yes
 
Coney Island District      No      Yes
 
Coney Island Mixed Use District      Yes      Yes
 
Downtown Brooklyn District      Yes      Yes
 
Mixed Use District-8      Yes      Yes
(Greenpoint-Williamsburg)
 
Ocean Parkway District*      Yes      Yes
 
Sheepshead Bay District      No      Yes
-------
*       #Sidewalk cafes# are not allowed on Ocean Parkway
 
* * *
 
Article XIII: Special Purpose Districts
 
* * *
 
Chapter 2
Special Fourth Avenue Enhanced Commercial District
 
*ALL TEXT IN ARTICLE XIII, CHAPTER 2 IS NEW*
 
132-00
GENERAL PURPOSES
 
The #Special Fourth Avenue Enhanced Commercial District#, in the Borough of Brooklyn, 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 enhance the character of the area by ensuring that ground floor space within buildings is occupied by establishments that promote a lively and engaging pedestrian experience along Fourth Avenue;
 
(b)       to limit the number of curb cuts along Fourth Avenue in order to minimize conflicts between vehicles and pedestrians; and
 
(c)       to promote the most desirable use of land in the area and thus preserve, protect and enhance the value of land and buildings and thereby protect City tax revenues.
 
132-01
Definitions
Ground floor level
 
For the purposes of this Chapter, "ground floor level" shall mean a #building's# lowest #story# located within 30 feet of the Fourth Avenue #street wall# of the #building#.
 
132-10
GENERAL PROVISIONS
 
The provisions of this Chapter shall apply to all #buildings# with Fourth Avenue #street# frontage.
 
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.
 
132-20
SPECIAL USE REGULATIONS
 
The special #use# regulations of this Section shall apply to the Fourth Avenue #street walls# of #developments# and to #buildings enlarged# on the #ground floor level#, where such #ground floor level# fronts upon Fourth Avenue.
 
For #buildings# fronting along multiple #streets#, the required percentage of #ground floor level street wall# allocated to certain #uses#, as set forth in this Section, shall apply only to the portion of the #building's ground floor level# fronting upon Fourth Avenue.
 
The following shall be exempt from the #use# provisions of this Section:
 
(a)       #buildings# located in #Commercial Districts# on a #zoning lot# with a width of less than 20 feet, as measured along the Fourth Avenue #street line#, provided such #zoning lot# existed on (date of adoption); and
 
(b)       any #community facility building# used exclusively for either a #school#, as listed in Use Group 3, or a house of worship, as listed in Use Group 4.
 
132-21
Special Ground Floor Level Use Requirements in Commercial Districts
 
In #Commercial Districts#, the following #use# provisions shall apply to the #ground floor level# of a #building#. In addition to these provisions, permitted #uses# shall comply with the provisions of Sections 132-30 (SPECIAL TRANSPARENCY REGULATIONS), and 132-40 (SPECIAL PARKING REGULATIONS).
 
(a)       Mandatory #commercial uses# for a portion of the #ground floor level#
 
Mandatory #commercial use# regulations shall apply to an area of a #building's ground floor level# defined by an aggregate width equal to at least 50 percent of a #building's# Fourth Avenue #street wall# and a depth equal to at least 30 feet, as measured from the Fourth Avenue #street wall#. Such an area on the #ground floor level# shall be occupied by #commercial uses# listed in Use Groups 5, 6A, 6C excluding banks and loan offices, 7B, 8A, 8B, or 9A.
 
(b)       Remaining portion of #ground floor level#
 
The remaining portion of the #ground floor level# shall be occupied by any non-#residential use# permitted by the underlying district regulations, except that:
 
(1)       #residential# lobbies, and an associated vertical circulation core shall be permitted in such remaining area, provided that the #street wall# width of such lobbies shall not exceed 25 feet, as measured along the Fourth Avenue #street line#. In addition, the 30 foot depth requirement for #commercial uses# pursuant to paragraph (a) of this Section may be encroached upon where necessary to accommodate a vertical circulation core associated with such #residential# lobby; and
 
(2)       off-street parking spaces and entrances to such spaces shall comply with the provisions of Section 132-40 (SPECIAL PARKING REGULATIONS).
 
(c)       Location of #ground floor level#
 
The finished floor of the #ground floor level# shall be located not higher than two feet above nor lower than two feet below the as-built level of the adjacent Fourth Avenue public sidewalk.
 
132-22
Special Ground Floor Level Use Requirements in Residence Districts
 
In #Residence Districts#, all #uses# permitted by the underlying district regulations are permitted on the #ground floor level#, provided such #uses# comply with the provisions of Sections 132-30 (SPECIAL TRANSPARENCY REGULATIONS), where applicable, and 132-40 (SPECIAL PARKING REGULATIONS).
 
132-30
SPECIAL TRANSPARENCY REGULATIONS
 
The special transparency regulations of this Section shall apply to the Fourth Avenue #street walls# of #developments# and to portions of #buildings enlarged# on the #ground floor level#, where such #ground floor level# fronts upon Fourth Avenue. For #buildings# fronting along multiple #streets#, the required percentage of #ground floor level street wall# allocated to transparent materials, as set forth in this Section, shall apply only to the portion of the #building's ground floor level# fronting upon Fourth Avenue.
 
The following shall be exempt from the transparency provisions of this Section:
 
(a)       #buildings# located in #Residence Districts# where the #ground floor level# of such #buildings# contains #dwelling units# or #rooming units#; and
 
(b)       #buildings# located in #Commercial Districts# on a #zoning lot# with a width of less than 20 feet, as measured along the Fourth Avenue #street line#, provided such #zoning lot# existed on (date of adoption); and
 
(c)       any #community facility building# used exclusively for either a #school# or a house of worship.
 
132-31
Special Ground Floor Level Transparency Requirements
 
The #ground floor level street wall# shall be glazed with transparent materials which may include #show windows#, transom windows or glazed portions of doors, provided such transparent materials have a minimum width of two feet. Such transparency shall occupy at least 50 percent of the surface area of each such #ground floor level street wall# between a height of two feet, and 12 feet, or the height of the ground floor ceiling, whichever is higher as measured from the adjoining sidewalk. The lowest point of any transparency that is provided to satisfy the requirements of this Section shall not be higher than two feet, six inches above the level of the adjoining sidewalk, with the exception of transom windows, or portions of windows separated by mullions or other structural dividers. In addition, the maximum width of a portion of the #ground floor level street wall# without transparency shall not exceed ten feet.
 
However, where an entrance to an off-street parking facility is permitted on Fourth Avenue in accordance with the provisions of Section 132-42 (Special Curb Cut Requirements), the transparency requirements of this Section shall not apply to the portion of the #ground floor level street wall# occupied by such entrance.
 
132-40
SPECIAL PARKING REGULATIONS
 
The provisions of this Section shall apply to all #buildings# with Fourth Avenue #street# frontage.
 
132-41
Special Location of Parking Spaces Requirements
 
All off-street parking spaces shall be located within a #completely enclosed building#.
 
Enclosed, off-street parking spaces shall be permitted on the ground floor of a #building# only where they are located beyond 30 feet of such #building's# Fourth Avenue #street wall#. Entrances to such spaces along Fourth Avenue shall be permitted only where a curb cut is allowed in accordance with the provisions of Section 132-42 (Special Curb Cut Requirements).
 
132-42
Special Curb Cut Requirements
 
For #zoning lots# with frontage along Fourth Avenue and another #street#, curb cuts accessing off-street parking spaces shall not be permitted along Fourth Avenue.
 
Curb cuts accessing off-street parking spaces shall be permitted on Fourth Avenue only where such curb cut is located on a #zoning lot# that:
 
(a)       is an #interior lot# fronting along Fourth Avenue;
 
(b)       existed on (date of adoption);
 
(c)       has a width of at least 60 feet, as measured along the Fourth Avenue #street line#; and
 
(d)       has a #lot area# of at least 5,700 square feet.
 
 
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 29, 2011, on file in this office.
 
 
 
 
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                                                                          City Clerk, Clerk of The Council