File #: Res 1338-2008    Version: * Name: LU 680 - ULURP, Amendment of Zoning Resolution (C070530(A)ZRM)
Type: Resolution Status: Adopted
Committee: Committee on Land Use
On agenda: 3/26/2008
Enactment date: Law number:
Title: Resolution approving with modifications the decision of the City Planning Commission on Application No. N 070530 (A) ZRM, 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 concerning Section 12-10 (Definitions), relating to the definition of General Large-Scale Development, Section 23-144 (In Designated Areas where the Inclusionary Housing Program is Applicable), Section 23-15 (Maximum Floor Area Ratio in R10 Districts), Section 23-922 (Inclusionary housing designated areas), Section 24-161 (Maximum floor area ratio for zoning lots containing community facility and residential uses), Section 35-31 (Maximum Floor Area Ratio for Mixed Buildings) and Section 74-743 (Special Provisions for Bulk Modifications) (L.U. No. 680).
Sponsors: Melinda R. Katz, Tony Avella
Council Member Sponsors: 2
Attachments: 1. Press Release, 2. Committee Report, 3. Hearing Transcript - Stated Meeting 3/26/08
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
3/26/2008*Melinda R. Katz City Council Approved, by CouncilPass Action details Meeting details Not available
3/12/2008*Melinda R. Katz Committee on Land Use Approved by Committee with Modifications and Referred to CPC  Action details Meeting details Not available

THE COUNCIL OF THE CITY OF NEW YORK

RESOLUTION NO. 1338

 

Resolution approving with modifications the decision of the City Planning Commission on Application No. N 070530 (A) ZRM, 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 concerning Section 12-10 (Definitions), relating to the definition of General Large-Scale Development, Section 23-144 (In Designated Areas where the Inclusionary Housing Program is Applicable), Section 23-15 (Maximum Floor Area Ratio in R10 Districts), Section 23-922 (Inclusionary housing designated areas), Section 24-161 (Maximum floor area ratio for zoning lots containing community facility and residential uses), Section 35-31 (Maximum Floor Area Ratio for Mixed Buildings) and Section 74-743 (Special Provisions for Bulk Modifications) (L.U. No. 680).

 

By Council Members Katz and Avella

 

                           WHEREAS, the City Planning Commission filed with the Council on January 28, 2008 its decision dated January 28, 2008 (the "Decision"), 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 for a modified application submitted by 685,700,708 First Realty Company, LLC, concerning Section 12-10 (Definitions), relating to the definition of General Large-Scale Development, Section 23-144 (In Designated Areas where the Inclusionary Housing Program is Applicable), Section 23-15 (Maximum Floor Area Ratio in R10 Districts), Section 23-922 (Inclusionary housing designated areas), Section 24-161 (Maximum floor area ratio for zoning lots containing community facility and residential uses), Section 35-31 (Maximum Floor Area Ratio for Mixed Buildings) and Section 74-743 (Special Provisions for Bulk Modifications), (Application No. N 070530 (A) ZRM), Community District 6, Borough of Manhattan (the "Application");

 

                     WHEREAS, the Application is related to ULURP Applications Numbers C 070522 ZMM (L.U. No. 623), a zoning map amendment from M1-5 and M3-2 to C4-6; C 070523 (A) ZSM (L.U. No. 681), a special permit pursuant to Section 74-743(a)(2) and Section 74-743(a)(6)(ii) of the Zoning Resolution to modify height and setback regulations inclusionary housing requirements;  C 070525 ZSM (L.U. No. 682), a special permit pursuant to Section 13-562 and 74-52 for a attended public parking garage; C 070529 ZMM (L.U. No. 683), a zoning map amendment from C1-9 and M3-2 zoning districts to a C5-2 district;  C 070531 (A) ZSM (L.U. No. 684), a special permit pursuant to Section 74-743 (a)(1), 74-743 (a)(2), 74-743 (a)(5)(i), “General Large Scale Development” and to Section 74-743 “Special Provisions for Bulk Modification,”; C 070533 ZSM (L.U. No. 685), a special permit pursuant to Section 13-561 for an attended accessory parking garage; and C 070534 ZSM (L.U. No. 686), a special permit pursuant to Sections 13-562 and 74-52 for an attended public parking garage;

 

                           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 February 25, 2008;

 

                           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 Final Supplemental Environmental Impact Statement (“FSEIS”) for which a Notice of Completion was issued on January 18, 2008, with respect to this application (CEQR No. 06DCP039M), together with the Technical Memorandum, dated January 28, 2008, the City Planning Commission finds that the requirements of the New York State Environmental Quality Review Act and Regulations, have been met.

 

RESOLVED:

 

Having considered the FSEIS, with respect to the Application, the Council finds that:

 

(1)                                          the FSEIS meets the requirements of 6 N.Y.C.R.R. Part 617;

 

(2)                     Consistent with social, economic and other essential considerations, from among the reasonable alternatives thereto, the action to be approved is one which minimizes or avoids adverse environmental impacts to the maximum extent practicable; and

 

(3)                     The adverse environmental impacts disclosed in the FSEIS will be minimized or avoided to the maximum extent practicable by incorporating as conditions to the approval, pursuant to a Restrictive Declaration, dated [January 28, 2008]March 24, 2008, those mitigative measures that were identified as practicable.

 

The Decision, FSEIS and the Technical Memorandum dated January 28, 2008, constitutes  the written statement of facts, and of social, economic and other factors and standards that form the basis of this determination, pursuant to 6 N.Y.C.R.R. §617.11(d).

 

 

                           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 with the following modifications:

 

                           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;

Matter in double underline is new, to be added by City Council.

 

12-10

DEFINITIONS

 

* * *

 

Large-scale development, general

 

A "general large-scale development" is a large-scale #development# or #enlargement# other than

a #large-scale residential development# or a #large-scale community facility development#. A #general large-scale development# may be located in any #Commercial# or #Manufacturing District#, subject to the restrictions of Section 74-743 (Special provisions for bulk modifications), paragraph (a)(1), on a tract of land containing a single #zoning lot# or two or more #zoning lots# that are contiguous or would be contiguous but for their separation by a #street# or a #street# intersection, which tract of land:

 

(a)                      has or will have an area of at least 1.5 acres; and

 

(b)                      is designated as a tract, all of which is to be used, #developed# or #enlarged# as a unit:

 

                     (1)                      under single fee ownership or alternate ownership arrangements as set forth in the                                                                #zoning lot# definition in Section 12-10 (DEFINITIONS) for all #zoning lots#                                                               comprising the #development#; or

 

                     (2)                      under single fee, alternate or separate ownership, either:

 

                                          (i)                      pursuant to an urban renewal plan for the #development# of a designated                                                                                     urban renewal area containing such tract of land; or

 

                                          (ii)                      through assemblage by any other governmental agency, or its agent,  having                                                                the power of condemnation.

 

Such tract of land may include any land occupied by #buildings# existing at the time an application is submitted to the City Planning Commission under the provisions of Article VII, Chapter 4, provided that such #buildings# form an integral part of the #general large-scale development#, and provided that there is no #bulk# distribution from a #zoning lot# containing such existing #buildings#. In C5 and C6 Districts, however, a #general large-scale development# having a minimum #lot area# of five acres may include a #zoning lot# that contains an existing #building# that is not integrally related to the other parts of the #general large-scale development#, provided that such #building# covers less than 15 percent of the #lot area# of the #general large-scale development# and provided that there is no #bulk# distribution from a #zoning lot# containing such existing #building#.

 

* * *

 

23-144

In designated areas where the Inclusionary Housing Program is applicable

 

In #Inclusionary Housing designated areas#, as listed in the following table, the maximum permitted #floor area ratios# shall be as set forth in Section 23-942 (In Inclusionary Housing designated areas). The locations of such districts are specified in Section 23-922 (Inclusionary Housing designated areas).

 

                                          Community District                                                                                                          Zoning District

                                          Community District 1, Brooklyn                                                                R6 R6A R6B R7A

                                          Community District 2, Brooklyn                                                                R7A

                                          Community District 7, Brooklyn                                                                R8A

                                          Community District 6, Manhattan                                                                R10

                                          Community District 7, Manhattan                                                                R9A

                                          Community District 2, Queens                                                                R7X

 

                                          

* * *

 

 

 

 

 

23-15

Maximum Floor Area Ratio in R10 Districts

 

 

R10

 

In the district indicated, except in #Inclusionary Housing designated areas#, the #floor area ratio# for any #building# on a #zoning lot# shall not exceed 10.0, except as provided in Section 23-17 (Special Provisions for Zoning Lots Divided By District Boundaries) and Section 23-90 (INCLUSIONARY HOUSING).

 

Notwithstanding any other provision of this Resolution, the maximum #floor area ratio# shall not

exceed 12.0. However, within the boundaries of Community District 7 in the Borough of Manhattan, all #developments# or #enlargements# in R10 Districts, except R10A or R10X Districts, shall be limited to a maximum #floor area ratio# of 10.0.

 

* * *

 

23-922

Inclusionary housing designated areas

 

The Inclusionary Housing Program shall apply in the following areas:

 

* * *

 

(g)                      In Community District 6, in the Borough of Manhattan, in the R10 Districts within the

                     areas shown on the following Map 11: