THE COUNCIL OF THE CITY OF NEW YORK

RESOLUTION NO. 1558

Resolution approving the decision of the City Planning Commission on Application No. N 080345 ZRK, for an amendment to the text of the Zoning Resolution of the City of New York,  concerning the modification of bulk regulations in Articles II and III, relating to certain narrow streets in Community District 6, Borough of Brooklyn (L.U. No. 829).

By Council Members Katz and Avella

                           WHEREAS, the City Planning Commission filed with the Council on July 7, 2008 its decision dated July 2, 2008 (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 Zoning Resolution of the City of New York, concerning the modification of bulk regulations in Articles II and III, relating to certain narrow streets in Community District 6 (Application No. N 080345 ZRK), (the "Application");

                          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 July 21, 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 Negative Declaration, issued on April 7, 2008 (CEQR No. 08DCP055K);

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 in Strikeout is old, to be deleted;

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

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

* * *

23-10

OPEN SPACE AND FLOOR AREA REGULATIONS

* * *

23-145

For residential buildings developed or enlarged pursuant to the Quality Housing Program

R6 R7 R8 R9 R10

In the districts indicated, the maximum #lot coverage# and the maximum #floor area ratio# for any #residential building# on a #zoning lot developed# or #enlarged# pursuant to the Quality Housing Program shall be as set forth in the following table and the maximums for #developments#, or #enlargements# where permitted, 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

(in percent)

In Community District 6 in the Borough of Brooklyn, the following #streets# shall be considered #narrow streets# for the purposes of applying #floor area# and open space regulations: Second, Carroll and President Streets, between Smith and Hoyt Streets; First Place, Second Place, Third Place and Fourth Place.

* * *

23-20

DENSITY REGULATIONS

* * *

23-22

Maximum Number of Dwelling Units or Rooming Units

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts, as indicated, the maximum number of #dwelling units# or #rooming units# shall equal the maximum #residential floor area# permitted on the #zoning lot# divided by the applicable factor in the following table. In R1 through R5 Districts, no #rooming units# shall be permitted and any #dwelling unit# shall be occupied by only one #family#. Fractions equal to or greater than three-quarters resulting from this calculation shall be considered to be one #dwelling unit# or #rooming unit#.

For the purposes of this Section, where a #floor area ratio# is determined pursuant to Sections 23-142 or 23-143, notwithstanding the #height factor# of the #building#, the maximum #residential floor area ratio# shall be 2.43 in an R6 District within 100 feet of a #wide street#, 3.44 in an R7 District, and 6.02 in an R8 District. In an R6 District beyond 100 feet of a #wide street#, the maximum #residential floor area ratio# shall be as specified in Sections 23-142 or 23-143, or 2.2, whichever is greater.

In Community District 6 in the Borough of Brooklyn, the following #streets# shall be considered #narrow streets# for the purposes of  applying density regulations: Second, Carroll and President Streets, between Smith and Hoyt Streets; First Place, Second Place, Third Place and Fourth Place.

FACTOR FOR DETERMINING MAXIMUM NUMBER

OF DWELLING UNITS OR ROOMING UNITS

*                     for #single-# and #two-family detached# and #semi-detached residences#

**                     for #residences# in a #predominantly built-up area#

***                     for #buildings# subject to the provisions of Section 25-633 (Prohibition of curb cuts in certain districts)

* * *

23-60

HEIGHT AND SETBACK REGULATIONS

* * *

23-67

Special Provisions Relating to Specified Streets

23-671

Special Provisions for Zoning Lots Directly Adjoining Public Parks

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts, as indicated, a #public park# with an area of between one and fifteen acres shall be considered a #wide street# for the purpose of applying the regulations set forth in Section 23-63 (Maximum Height of Front Wall and Required Front Setbacks) to any #building or other structure# on a #zoning lot# adjoining such #public park#.  However, the provisions of this Section shall not apply to a #public park# more than 75 percent of which is paved.

23-672

Special provisions for certain streets in Community District 6 in the Borough of Brooklyn

In Community District 6 in the Borough of Brooklyn, the following #streets# shall be considered #narrow streets# for the purposes of applying height and setback regulations: Second, Carroll and President Streets, between Smith and Hoyt Streets; First Place, Second Place, Third Place and Fourth Place.

* * *

24-57

Modifications of Height and Setback Regulations

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts, as indicated, for certain #community facility uses# in specified situations, the Board of Standards and Appeals may modify the regulations set forth in Sections 24-51 to 24-55, inclusive, relating to Height and Setback Regulations, in accordance with the provisions of Section 73-64 (Modifications for Community Facility Uses).

In Community District 6 in the Borough of Brooklyn, the following #streets# shall be considered #narrow streets# for the purposes of applying height and setback regulations: Second, Carroll and President Streets, between Smith and Hoyt Streets; First Place, Second Place, Third Place and Fourth Place.

*  *  *

35-24

Special Street Wall Location and Height and Setback Regulations in Certain Districts

* * *

TABLE B

                     HEIGHT AND SETBACK FOR BUILDINGS

                     IN NON-CONTEXTUAL DISTRICTS

    *                     Refers to that portion of a district which is within 100 feet of a #wide street#

                         **                     Refers to that portion of a district on a #narrow street#, except within a distance of 100 feet from its intersection with a #wide street#

***                     Core refers to #Manhattan Core#.

Note:   In Community District 6 in the Borough of Brooklyn, the following #streets# shall be considered #narrow streets# for the purposes of applying height and setback regulations:  Second, Carroll and President Streets, between Smith and Hoyt Streets;  First Place, Second Place, Third Place and Fourth Place.

*  *  *

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 July 23, 2008, on file in this office.

                                                                                                                                                                                  ...…….........................................

                                                                                                                                                                                   City Clerk, Clerk of The Council