THE COUNCIL OF THE CITY OF NEW YORK
RESOLUTION NO. 416
Resolution approving the decision of the City Planning Commission on Application No. N 060338 (A) ZRY, an amendment to the text of the Zoning Resolution of the City of New York relating to various sections concerning the creation of an R5D Zoning District (L.U. No. 165).
By Council Members Katz and Avella
WHEREAS, the City Planning Commission filed with the Council on June 9, 2006 its decision dated June 7, 2006 (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 (Application No. N 060338 (A) ZRY) (the "Application");
WHEREAS, the Application is related to ULURP Application Number C 060337 ZMQ (L.U. No. 106), an amendment of the Zoning Map to address issues of out-of-character residential development in the Jamaica Hill and Hillcrest areas of Queens Community District 8.
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 June 20, 2006;
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 February 21, 2006 (CEQR No. 06DCP072Q);
A technical memorandum, dated June 6, 2006, was prepared in connection with the submission of
the modified application N 060338 (A) ZRY. The technical memorandum concluded that the revisions incorporated in the modified application were minor in nature and that the Negative Declaration issued on February 21, 2006 remained valid.
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 strikeout is old, to be deleted;
Matter within # # is defined in Section 12-10;
* * * indicates where unchanged text appears in the Zoning Resolution
Article 1
General Provisions
Chapter 1
Title, Establishment of Controls and Interpretation of Regulations
* * *
11-12
Establishment of Districts
In order to carry out the purposes and provisions of this Resolution, the following districts are hereby established:
Residence Districts
* * *
R5 General Residence District
R5A Detached Residence District
R5B General Residence District
R5D General Residence District
* * *
12-10
Definitions
* * *
Predominantly built-up area
A "predominantly built-up area" is a #block# entirely within R4 or R5 Districts including #Commercial District# mapped within such #Residential Districts# having a maximum area of 4 acres which is #developed# with #buildings# on #zoning lots# comprising 50 percent or more of the area of the #block#. However, a #predominantly built-up area# shall not include a #block# which is located partly in a R4A, R4-1, R4B, or R5B or R5D District.
* * *
Chapter 3
Bulk Regulations for Residential Buildings in Residence Districts
23-00
APPLICABILITY AND GENERAL PURPOSES
* * *
23-011
Quality Housing Program
(a) In R6A, R6B, R7A, R7B, R7X, R8A, R8B, R8X, R9A, R9X, R10A or R10X Districts, any #development# or #enlargement# shall comply with the applicable district #bulk# regulations as set forth in this Chapter and any #residential development#, #enlargement#, #extension# or conversion shall also comply with the requirements of Article II, Chapter 8 (Quality Housing Program). In R5D Districts, certain requirements of Article II Chapter 8 shall apply as set forth in Section 28-01 (Applicability or this Chapter).
* * *
23-10
OPEN SPACE AND FLOOR AREA REGULATIONS
* * *
23-141
Open space and floor area regulations in Rl, R2, R3, R4 or R5 Districts
R1 R2 R3 R4 R5
Except as otherwise provided in Section 23-144 (For non-profit residences for the elderly in R3, R4, R5, R6 and R7 Districts), in the districts indicated, the minimum required #open space# or #open space ratio#, the maximum #lot coverage# and the maximum #floor area ratio# for any #building# on a #zoning lot# shall be as set forth in the following tables:
* * *
(b)
Maximum Maximum Required Maximum
#Lot Coverage# #Open Space# (in #Floor Area
District (in percent) percent) Ratio#
R3A R3X governed by #yard# requirements .50
R4A R4-1 governed by #yard# requirements .75
R2X governed by #yard# requirements .85
R2A 30 70 .50
R3-1
R3-2 35 65 .50
R4 45 55 .75
R4B 55 45 .90
R5 55 45 1.25
R5A governed by #yard# requirements 1.10
R5B 55