THE COUNCIL OF THE CITY OF NEW YORK

RESOLUTION NO. 1074

Resolution approving the decision of the City Planning Commission on Application No. N 070428 ZRY, an amendment to the text of the Zoning Resolution of the City of New York, relating to Article 2, Chapter 3, concerning Section 23-90 (Inclusionary Housing), inclusive, sections relating to Inclusionary Housing designated areas, and the application of the Inclusionary Housing program to proposed R9A districts in the Borough of Manhattan, Community District 7 (L.U. No. 538).

By Council Members Katz and Avella

                           WHEREAS, the City Planning Commission filed with the Council on August 10, 2007 its decision dated August 8, 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 070428 ZRY) (the “Application");

                           WHEREAS, the Application is related to ULURP Application Number C 070427 ZMM (L.U. No. 537), a zoning map amendment to rezone all or portions of 51 blocks in the northern portion of the Upper West Side, including the neighborhood known as Manhattan Valley, from R8 and R7-2 zoning districts to R8B, R8A, R8, and R9A zoning districts;

                           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 September 17, 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 April 23, 2007, which included (E) designations for air quality (CEQR No. 07DCP060M);

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.

                           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 underlined is new, to be added;

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

Matter in strikeout is text to be deleted;

*** indicates where unchanged text appears in the zoning resolution

ARTICLE I

GENERAL PROVISIONS                     

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12-10

DEFINITIONS

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Inclusionary Housing designated area

An “Inclusionary Housing designated area” is a specified area in which the Inclusionary Housing Program is applicable, pursuant to the regulations set forth in Section 23-90, inclusive. Such #Inclusionary Housing designated areas# are identified in Section 23-922 or in Special Purpose Districts, as applicable.

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Article II

Residence District Regulations

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Chapter 3

Bulk Regulations for Residential Buildings in Residence Districts

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23-00

APPLICABILITY AND GENERAL PURPOSES

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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 R6, R7, and R8 Districts designated areas where the Inclusionary Housing Program is applicable)

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23-144

In designated areas where the Inclusionary Housing Program is applicable

In R6, R7 and R8 Districts #Inclusionary Housing designated areas# where the Inclusionary Housing Program is applicable, as listed in the following table, the maximum permitted #floor area ratios# shall be as set forth in Section 23-942 (In R6, R7 and R8 Districts Inclusionary Housing designated areas). The locations of such districts are specified in Section 23-922 (Certain R6, R7 and R8 Districts Inclusionary Housing designated areas).

                     Community District                                             Zoning District      

                     Community District 1, Brooklyn                                             R6 R6A R6B R7A

                     Community District 3, Brooklyn                                             R7D

                                          Community District 7, Brooklyn                                             R8A

Community District 7, Manhattan                                                  R9A

Community District 2, Queens                                                  R7X

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23-90

INCLUSIONARY HOUSING

23-921

R10 Districts

The Inclusionary Housing Program shall apply in all R10 Districts located in #Inclusionary Housing designated areas#, subject to the provisions relating to such designated areas,  and in all other R10 Districts, subject to the provisions of Section 23-941 (In R10 Districts other than Inclusionary Housing designated areas), as applicable.

23-922

Inclusionary Housing designated areas

The Inclusionary Housing Program shall apply in the following areas:

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(e)                     In Community District 7, in the Borough of Manhattan, in the R9A Districts within the areas shown on the following Map 7: