THE COUNCIL OF THE CITY OF NEW YORK
RESOLUTION NO. 1693
Resolution approving the decision of the City Planning Commission on Application No. N 080363 ZRQ, for an amendment of the text of the Zoning Resolution of the City of New York, concerning the addition of Article XII, Chapter 5 (Special Southern Hunters Point District) to establish a special district and modify related regulations, in Community District 2 (L.U. No. 906).
By Council Members Katz and Avella
WHEREAS, the City Planning Commission filed with the Council on September 29, 2008 its decision dated September 24, 2008 (the "Decision"), pursuant to Section 201 of the New York City Charter, regarding an application submitted by the New York City Economic Development Corporation, for an amendment of the Zoning Resolution of the City of New York, concerning the addition of Article XII, Chapter 5 (Special Southern Hunters Point District) to establish a special district and modify related regulations in Community District 2 (Application No. N 080363 ZRQ), Community District 2, Borough of Queens (the "Application");
WHEREAS, the Application is related to ULURP Applications Numbers C 080364 PQQ (L.U. No. 907), an acquisition of the Hunter's Point South site as well as portions of land under water owned by the State of New York; C 080365 HAQ (L.U. No. 908), designation of an urban development action area and project and the disposition of city-owned property; C 080276 MMQ (L.U. No. 909), an amendment to the City Map involving the elimination of mapped but unbuilt streets and parkland and the establishment of new streets, public place, and parkland; and C 080362 ZMQ (L.U. No. 917), an amendment of 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 October 24, 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 Environmental Impact Statement (“FEIS”), for which a Notice of Completion was issued on September 12, 2008, and the Technical Memorandum dated November 11, 2008 (CEQR No. 08DME006Q);
RESOLVED:
Having considered the FEIS and the Technical Memorandum, with respect to the Application, the Council finds that:
(1) The FEIS 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 is one which minimizes or avoids adverse environmental impacts to the maximum extent practicable; and
(3) The adverse environmental impacts disclosed in the FEIS will be minimized or avoided to the maximum extent practicable by incorporating as conditions to the approval those mitigative measures that were identified as practicable.
(4) The Decision and the FEIS constitute the written statement of facts, and of social, economic and other factors and standards that form the basis of the decision, 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.
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
* * *
Establishment of the Special Southern Hunters Point District
In order to carry out the purposes of this Resolution, as set forth in Article XII, Chapter 5, the #Special Southern Hunters Point District# is hereby established.
* * *
12-10
Definitions
* * *
Special Southern Hunters Point District
The “Special Southern Hunters Point District” is a special purpose district designated by the letters “SHP” in which special regulations set forth in Article XII, Chapter 5, apply. The Special Southern Hunters Point District appears on the #zoning maps# superimposed on other districts and its regulations supersede, supplement and modify those of the districts upon which it is imposed.
* * *
Chapter 3
Comprehensive Off-Street Parking Regulations in Community Districts 1, 2, 3, 4, 5, 6, 7 and 8 in the Borough of Manhattan and a Portion of Community Districts 1 and 2 in the Borough of Queens
* * *
13-01
Applicability
In Manhattan Community Districts 1, 2, 3, 4, 5, 6, 7 and 8, and the portion of Queens Community Districts 1 and 2 bounded by Queens Plaza North, 21st Street, 41st Avenue, 29th Street, 40th Road, Northern Boulevard, 43rd Street, Skillman Avenue, 39th Street, 48th Avenue, 30th Street, 49th Avenue, Dutch Kills Canal, Newtown Creek, Second Street, the East River, the westerly prolongation of 50th Avenue, Center Boulevard, 49th Avenue, Fifth Street, Anable Basin, and the East River ("Long Island City subject area"), #accessory# off-street parking spaces, #public parking lots# and #public parking garages# shall be used or #developed# in accordance with the provisions of this Chapter, except as otherwise provided in Section 13-011 (Exceptions). In the event of a conflict between the provisions of this Chapter and those contained in special purpose district regulations or Sections 26-05 26-15 (Curb Cuts) or 37-30 (STREETSCAPE), the more restrictive provisions shall apply. For the purpose herein, the more restrictive provisions shall be considered those which permit the:
* * *
Chapter 4
Sidewalk Cafe 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).
* * *
|
Queens |
#Enclosed Sidewalk Cafe# |
#Unenclosed Sidewalk Cafe# |
|
Downtown Jamaica District |
No |
Yes |
|
Southern Hunters Point District |
No |
Yes |
* * *
ARTICLE VI
SPECIAL REGULATIONS APPLICABLE TO CERTAIN AREAS
* * *
CHAPTER 2
SPECIAL REGULATIONS APPLYING IN THE WATERFRONT AREA
* * *
62-80
WATERFRONT ACCESS PLANS
* * *
62-85
Borough of Queens
The following Waterfront Access Plans are hereby established within the Borough of Queens. All applicable provisions of Article VI, Chapter 2, remain in effect within the areas delineated by such plans, except as expressly set forth otherwise in the plans:
Q-1: Northern Hunters Point, as set forth in Section 62-851
Q-2: Downtown Flushing, as set forth in Section 62-852.
Q-3: Newtown Creek, in the #Special Southern Hunters Point District#, as set forth in Section 125-45 (Newtown Creek Waterfront Access Plan)
ARTICLE XII
SPECIAL PURPOSE DISTRICTS
* * *
(All text is new; it is not underlined)
Chapter 5
Special Southern Hunters Point District
125-00
GENERAL PURPOSES
The "Special Southern Hunters Point District" 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 encourage well-designed new development that complements the built character of the Hunters Point neighborhood;
(b) to maintain and reestablish physical and visual public access to and along the waterfront;
(c) to broaden the regional choice of residences by introducing new affordable housing;
(d) to achieve a harmonious visual and functional relationship with the adjacent neighborhood;
(e) to create a lively and attractive built environment that will provide daily amenities and services for the use and enjoyment of area residents, workers and visitors;
(f) to take maximum advantage of the beauty of the East River waterfront and provide an open space network comprised of public parks, public open space and public access areas;
(g) to provide flexibility of architectural design within limits established to assure adequate access of light and air to the street, and thus to encourage more attractive and economic building forms; and
(h) to promote the most desirable use of land and building development in accordance with the district plan for Southern Hunters Point and thus conserve the value of land and buildings and thereby protect the City’s tax revenues.
125-01
General Provisions
In harmony with the general purpose and intent of this Resolution and the general purposes of the #Special Southern Hunters Point District#, the regulations of the #Special Southern Hunters Point District# shall apply to all #developments#, #enlargements#, alterations and changes of #use# within the #Special Southern Hunters Point District#, except as otherwise provided in this Chapter. 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.
125-02
District Plan and Maps
The regulations of this Chapter are designed to implement the #Special Southern Hunters Point District# Plan.
The District Plan includes the following nine maps:
Map 1 Special Southern Hunters Point District Plan, Subdistricts and Parcels
Map 2 Special Ground Floor Use Regulations
Map 3 Street Wall Location
Map 4 Minimum Base Heights of 40 feet
Map 5 Maximum Base Heights other than 70 feet
Map 6 Tower Areas
Map 7 Mandatory Sidewalk Widenings and Publicly Accessible Open Area
Map 8 Publicly Accessible Private Street and Open Area in Newtown Creek Subdistrict
Map 9 Newtown Creek Waterfront Access Plan
Map 10 Permitted Curb Cut Locations
125-03
Subdistricts
In order to carry out the purposes and provisions of this Chapter, the #Special Southern Hunters Point District# is divided into two subdistricts: the East River Subdistrict and the Newtown Creek Subdistrict. The East River Subdistrict is further subdivided into parcels A through G. The location and boundaries of the subdistricts and parcels are shown on Map 1 (Special Southern Hunters Point District Plan, Subdistricts and Parcels) in Appendix A.
125-04
Applicability of District Regulations
125-041
Modification of use and bulk regulations for zoning lots bounding parks
Where the #lot line# of a #zoning lot# coincides with the boundary of a #public park#, such #lot line# shall be considered to be a #street line# for the purposes of applying all #use# and #bulk# regulations of this Resolution.
125-042
Modification of Article VI, Chapter 2
The provisions of Sections 62-41 (Requirements for Waterfront Public Access) and 62-60 (DESIGN STANDARDS FOR THE WATERFRONT AREA) are modified as set forth in Section 125-45 (Newtown Creek Waterfront Access Plan).
125-10
USE REGULATIONS
125-11
Ground Floor Use Along Designated Streets
Map 2 (Special Ground Floor Use Regulations) in Appendix A of this Chapter specifies locations where the special ground floor #use# regulations of this Section apply. Such regulations shall apply along the entire #street# frontage of the #building#, as indicated on Map 2.
#Uses# located on the ground floor level or within five feet of #curb level#, and within 30 feet of the #street wall# shall be limited to #commercial# or #community facility uses# permitted by the underlying district. A building’s #street# frontage shall be allocated exclusively to such #uses#, except for lobby space. In no event shall the length of #street# frontage occupied by lobby space exceed, in total, 40 feet or 25 percent of the building’s total #street# frontage, whichever is less, except that the length of lobby frontage need not be less than 20 feet.
125-12
Transparency Requirements
The ground floor #street wall# bounding any #community facility use# other than a #school# shall be glazed with transparent materials which may include show windows, glazed transoms or glazed portions of doors. Such glazed area shall occupy at least 50 percent of the area of each such ground floor #street wall# measured to a height of 10 feet above the level of the adjoining sidewalk or public access area, and the maximum sill height of all show windows shall be two feet six inches above the adjoining sidewalk or public access area.
The ground floor #street wall# bounding any #commercial use# shall be glazed with transparent materials which may include show windows, glazed transoms or glazed portions of doors. Such glazed area shall occupy at least 70 percent of the area of each such ground floor #street wall# measured to a height of 10 feet above the level of the adjoining sidewalk or public access area. Not less than 50 percent of such area shall be glazed with transparent materials and up to 20 percent of such area may be glazed with translucent materials. Furthermore, the maximum sill level of all show windows shall be two feet six inches above the adjoining sidewalk or public access area.
125-13
Location of Uses in Mixed Buildings
The provisions of Section 32-422 (Location of floors occupied by non-residential uses) are modified to permit #residential uses# on the same #story# as a non-#residential use# provided no access exists between such #uses# at any level containing #residences# and provided any non-#residential uses# are not located directly over any #residential uses#. However, such non-#residential uses# may be located over a #residential use# by authorization of the City Planning Commission upon a finding that sufficient separation of #residential uses# from non-#residential uses# exists within the #building#.
125-14
Security Gates
All security gates that are swung, drawn or lowered to secure commercial or community facility premises shall, when closed, permit visibility of at least 75 percent of the area covered by such gate when viewed from the #street# or any publicly accessible area, except that this provision shall not apply to entrances or exits to parking garages.
25-20
FLOOR AREA REGULATIONS
125-21
East River Subdistrict
In the East River Subdistrict, the maximum #residential floor area ratio# shall be as set forth in the table below, and no #floor area# bonuses shall apply.
|
Parcel |
Maximum Floor Area |
|
Parcel A |
12.0 |
|
Parcel B |
10.0 |
|
Parcel C |
10.5 |
|
Parcel D |
12.0 |
|
Parcel E |
12.0 |
|
Parcel F |
10.0 |
|
Parcel G |
12.0 |
125-22
Newtown Creek Subdistrict
In the Newtown Creek Subdistrict, the maximum #floor area ratio# shall be 2.75, and may be increased only as set forth in this Section.
(a) Floor area bonus for public amenities
For #developments# located within the Newtown Creek Subdistrict that provide a publicly accessible private street and open area, the #floor area ratio# may be increased from 2.75 to a maximum permitted #floor area ratio# of 3.75, provided that the Chair of the City Planning Commission has certified that such publicly accessible private street and open area comply with the design standards of Section 125-44 (Private Street Requirements in Newtown Creek Subdistrict) and Section 125-45 (Publicly Accessible Open Area in Newtown Creek Subdistrict).
(b) Floor area increase for Inclusionary Housing
(1) Within the #Special Southern Hunters Point District#, the Newtown Creek Subdistrict shall be an #Inclusionary Housing designated area#, pursuant to Section 12-10 (DEFINITIONS), for the purpose of making the Inclusionary Housing Program regulations of Section 23-90, inclusive, and this Section, applicable within the Special District.
(2) In the Newtown Creek Subdistrict, for #developments# that provide a publicly accessible private street and open area that comply with the provisions of paragraph (a) of this Section, the #floor area ratio# for any #zoning lot# with #buildings# containing #residences# may be increased from 3.75 to a maximum #floor area ratio# of 5.0 through the provision of #lower income housing#, pursuant to the provisions relating to #Inclusionary Housing designated areas# in Section 23-90 (INCLUSIONARY HOUSING), except that:
(i) the height and setback regulations of paragraph (b) of Section 23-942 shall not apply. In lieu thereof, the special height and setback regulations of Section 125-30 (HEIGHT AND SETBACK REGULATIONS), inclusive, of this Chapter shall apply, and
(ii) The provisions of paragraph (a)(2) of Section 23-952 (Substantial rehabilitation and off-site new construction options) shall be modified to require that in the event the #lower income housing# is not located within the same Community District as the #compensated development#, it is located within a one-half mile radius of the #compensated development# in an adjacent Community District in the Borough of Queens.
125-30
HEIGHT AND SETBACK REGULATIONS
The underlying height and setback regulations shall not apply, except as set forth in this Section. In lieu thereof, the height and setback regulations of this Section,125-30, inclusive, shall apply. All heights shall be measured from the #base plane#.
125-31
Rooftop Regulations
(a) Permitted obstructions
The provisions of Section 33-42 (Permitted Obstructions) shall apply to all #buildings# within the #Special Southern Hunters Point District#, except that elevator or stair bulkheads, roof water tanks, cooling towers or other mechanical equipment (including enclosures), may penetrate a maximum height limit provided that either
(1) the product, in square feet, of the #aggregate width of street walls# of such obstructions facing each #street# frontage, times their average height, in feet, shall not exceed a figure equal to eight times the width, in feet, of the #street wall# of the #building# facing such frontage or,
(2) the #lot coverage# of all such obstructions does not exceed 20 percent of the #lot coverage# of the #building#, and the height of all such obstructions does not exceed 40 feet. In addition, dormers may penetrate a maximum base height in accordance with the provisions of paragraph (c) of Section 23-621 (Permitted obstructions in certain districts).
(b) Screening requirements for mechanical equipment
For all #developments# and #enlargements#, all mechanical equipment located on any roof of a #building or other structure# shall be fully enclosed, except that openings in such enclosure shall be permitted only to the extent necessary for ventilation and exhaust.
125-32
Balconies
Balconies shall not be permitted below a height of 70 feet. Above a height of 70 feet, balconies are permitted provided that at least 50 percent of the perimeter of the balcony is bounded by building walls, exclusive of parapet walls.
125-33
Required Street Walls
(a) Street wall location
All #street walls# of #buildings# shall be located on #street lines# of #zoning lots# as shown on Map 3 (Street Wall Location). For the purposes of applying the height and setback regulations of this Section, wherever a #building# fronts upon any #public park#, or any sidewalk widening, publicly accessible open area or private street #developed# in accordance with the design requirements of Sections 125-41 through 125-46, inclusive, the boundary of such #public park#, sidewalk widening, publicly accessible open area or private street shall be considered to be a #wide street line#
(b) Minimum base heights
All #street walls# shall extend up to at least a minimum base height of 50 feet or the height of the #building#, whichever is less, except that a minimum base height of 40 feet shall be permitted in the locations specified on Map 4 (Minimum Base Heights of 40 feet).
(c) Maximum base heights
The maximum height of a #street wall# before setback shall be 70 feet, except in the locations specified on Map 5 (Maximum Base Heights other than 70 feet).
(d) Recesses
Recesses, not to exceed three feet in depth, shall be permitted on the ground floor where required to provide access to the #building#, and recesses, not to exceed five feet in depth, shall be permitted on the ground floor where required to provide access to utilities. Above the height of the second #story# or 30 feet above adjoining grade, whichever is greater, up to 30 percent of the #aggregate width of street walls# may be recessed beyond the #street line#.
(c) Required setbacks and maximum building heights
Setbacks are required for all portions of #buildings# that exceed the applicable maximum base height, except #schools#. All required setbacks shall be provided at a height not lower than the applicable minimum base height. A setback with a depth of at least 10 feet shall be provided from any #street wall# fronting on a #wide street#, and a setback with a depth of at least 15 feet shall be provided from any #street wall# fronting on a #narrow street#, except that the depth of such setbacks may include the depth of any permitted recesses in the #street wall#. For the purposes of this paragraph, (c), the following shall be considered #wide streets#:
(1) Second Street between 54th Avenue and Borden Avenue;
(2) 55th Avenue between Center Boulevard and Second Street, and
(3) Center Boulevard between 50th Avenue and 57th Avenue
.
Above the applicable maximum base height, the maximum building height shall be 125 feet, except where towers are permitted pursuant to Section 125-34.
125-34
Towers
Any portion of a #building# that exceeds a height of 125 feet shall comply with the following provisions:
(a) Tower location and maximum tower height
All towers shall be located entirely within a Tower Area as designated on Map 6 (Tower Areas). The maximum height of such towers shall be as indicated for the specified location on Map 6. For #buildings# higher than 165 feet, the #stories# entirely within 40 feet of the highest roof level of the #building# shall have a #lot coverage# of at least 50 percent of the #story# immediately below such #stories#, and a maximum #lot coverage# of 80 percent of the #story# immediately below such #stories#. Such reduced #lot coverage# shall be achieved by one or more setbacks on each face of the tower, where at least one setback on each tower face has a depth of at least four feet, and a width that, individually or in the aggregate, is equal to at least 10 percent of the width of such respective tower face. For the purposes of this paragraph, each tower shall have four tower faces, with each face being the side of a rectangle within which the outermost walls of the highest #story# not subject to the reduced #lot coverage# provisions have been inscribed. The required setbacks shall be measured from the outermost walls of the #building# facing each tower face. Required setback areas may overlap.
(b) Orientation and maximum tower size
The outermost walls of each #story# located entirely above a height of 125 feet shall be inscribed within a rectangle. The maximum length of any side of such rectangle that is parallel or within 45 degrees of being parallel to Second Street or Center Boulevard, whichever is closest, shall be 95 feet. The maximum length of any other side of such rectangle shall be 170 feet. Each #story# of a tower located entirely above a height of 125 feet shall not exceed a gross area of 11,000 square feet.
However, on Parcel G in the East River Subdistrict, the maximum length of the side of such rectangle that is parallel or within 45 degrees of being parallel to Second Street shall not exceed 170 feet.
(c) Tower and base integration
Notwithstanding the setback provisions of paragraph (c) of Section 125-33, up to 50 percent of the #street wall# width of a tower may rise sheer from grade without setback.
125-35
Authorization for Height and Setback Modifications
Within the #Special Southern Hunters Point District#, for any #development# or #enlargement#, the City Planning Commission may modify the regulations set forth in Section 125-30, inclusive, provided the Commission finds that such modifications:
(a) will result in a better distribution of #bulk# on the #zoning lot# and will not adversely affect access to light and air for surrounding public access areas, #streets# and properties;
(b) are consistent with the goals of the Special District to provide flexibility of architectural design and encourage more attractive building forms; and
(c) will result in a #development# or #enlargement# that enhances the streetscape and is compatible with #development# in the surrounding area.
The Commission may prescribe additional conditions and safeguards to minimize adverse effects of the #development# or #enlargement# on the character of the surrounding area.
125-40
DISTRICT PLAN ELEMENTS
125-41
Sidewalk Widenings
Map 7 (Mandatory Sidewalk Widenings and Publicly Accessible Open Area) shows locations of mandatory sidewalk widenings in the East River Subdistrict. The depth of such sidewalk widenings shall be as indicated on Map 7 and shall be measured perpendicular to the #street line# unless otherwise indicated. All sidewalk widenings shall be improved to Department of Transportation standards for sidewalks, shall be at the same level as the adjoining public sidewalk, and shall be accessible to the public at all times.
125-42
Publicly Accessible Open Area Requirements on Parcels B, D, E and F
Map 7 (Mandatory Sidewalk Widenings and Publicly Accessible Open Areas) shows locations where open areas are permitted or required on Parcels B, D, E and F in the East River Subdistrict. Where any such area is provided, it shall be publicly accessible and comply with the standards of Section 37-741 (Seating), Section 37-743 (Lighting and electrical power), Section 37-744 (Litter receptacles), Section 37-745 (Bicycle parking), Section 37-746 (Drinking fountains), Section 37-747 (Public space signage), Section 37-76 (Mandatory Allocation of Frontages for Permitted Uses), and Section 37-77 (Maintenance).
In addition the provisions of Section 37-742 (Planting and trees) shall apply to such open areas, and shall be modified to require that:
(a) at least 30 percent of each open area be comprised of planting beds;
(b) at least two four-inch caliper trees or three ornamental trees be provided within such open areas on Parcels D and F, and
(c) No trees shall be required within the open areas on Parcels B and E.
125-43
Publicly Accessible Open Area Requirements on Parcel G
A publicly accessible private open area shall be provided within the area of Parcel G in the East River Subdistrict shown on Map 7 (Mandatory Sidewalk Widenings and Publicly Accessible Open Area). No excavation or building permit shall be issued for any #development# on such parcel until the Chairperson of the City Planning Commission certifies to the Department of Buildings that a site plan for such open area has been submitted that is consistent with the Department of Parks and Recreation design standards used for the development of the adjacent #public park#. A certification under this paragraph shall be granted on condition that an acceptable restrictive declaration is executed and filed, binding the owners, successors and assigns to develop such publicly accessible private open area in accordance with the approved site plan and to maintain such open area in accordance with maintenance standards acceptable to the Department of Parks and Recreation.
In the event that Parcel G is not owned by the City, then, prior to design and development of the publicly accessible open area, the owner of Parcel G may make a request directed to the Office of the Mayor to transfer to the City its fee simple absolute interest, free and clear of any encumbrances in the such open area. The City may accept the transfer request, provided that development of the open area is made in accordance with guidelines established by the Chairperson of the City Planning Commission and the Commissioner of the Department of Parks and Recreation, and transfer is made pursuant to such instruments as are necessary for implementation. In the event of a transfer, the #bulk# and parking computations for the #zoning lot# shall include the transferred property and such transfer shall not be deemed a #non-compliance#.
125-44
Private Street Requirements in Newtown Creek Subdistrict
In the Newtown Creek Subdistrict, where a private street is provided pursuant to paragraph (a) of Section 125-22, such private street shall be constructed to minimum Department of Transportation standards for public #streets#, including lighting, curbs and curb drops. Such private street shall consist of a paved road bed with a minimum width of 34 feet from curb to curb with 13-foot wide sidewalks on each side along its entire length. Such private street shall be located as shown on Map 8 (Publicly Accessible Private Street and Open Area in Newtown Creek Subdistrict). One tree shall be planted for every 25 feet of curb length of the private street. Fractions equal to or greater than one-half resulting from this calculation shall be considered to be one tree. Such trees shall be planted at approximately equal intervals along the entire length of the curb of the private street,
125-45
Publicly Accessible Open Area in Newtown Creek Subdistrict
Where a publicly accessible private open area is provided pursuant to paragraph (a) of Section 125-22, such open area shall be located as shown on Map 8 (Publicly Accessible Private Street and Open Area in Newtown Creek Subdistrict). No excavation or building permit shall be issued for any #development# on such parcel until the Chairperson of the City Planning Commission certifies to the Department of Buildings that a site plan for such open area has been submitted that is either:
(a) consistent with the Department of Parks and Recreation design standards for the #public park# located on 55th Avenue between Center Boulevard and Second Street, or
(b) in the event that design standards have not been developed for the #public park# located on 55th Avenue between Center Boulevard and Second Street, acceptable to the Chairperson of the City Planning Commission and the Department of Parks and Recreation.
A certification under this paragraph shall be granted on condition that an acceptable restrictive declaration is executed and filed, binding the owners, successors and assigns to develop such publicly accessible private open area in accordance with the approved site plan and to maintain such open area in accordance with maintenance standards acceptable to the Department of Parks and Recreation. Such approved plan shall allow for pedestrian access from 55th Avenue to the residential entrance of a #building# bounding the publicly accessible private open area. The paved width of such access shall not exceed 13 feet, and its location shall be within the area shown on Map 8.
125-46
Newtown Creek Waterfront Access Plan
Map 9 shows the boundaries of the area comprising the Newtown Creek Waterfront Access Plan and the location of certain features mandated or permitted by the Plan. The plan area consists of Block 11, Lot 1, as established on (effective date of amendment).
(a) Modification of #use# requirements
All Use Group 6 and 9 #uses# listed in Section 62-212 (Waterfront-enhancing uses) shall be a permitted #use# in #Residence Districts# within the Newtown Creek Waterfront Access Plan, provided that:
(1) such #use# is limited to not more than 10,000 square feet of #floor area# per establishment;
(2) the total amount of #floor area# used for such #uses# does not exceed two percent of the total amount of #floor area# permitted on the #zoning lot#; and
(3) such #uses# are located below the level of the first #story# ceiling of a #building#.
Additionally, docks for water taxis and docks or mooring facilities for non-commercial pleasure boats (Use Group 6) shall be a permitted #use# within the Newtown Creek Waterfront Access Plan.
(b) Modifications of design standards
The provisions of Sections 62-41 (Requirements for Waterfront Public Access) and 62-60 (DESIGN STANDARDS FOR THE WATERFRONT AREA) are modified at the following designated locations which are shown on Map 7:
(1) #Shore public walkway#
The requirements for Prototype I described in paragraph (b)(1) of Section 62-831
(Waterfront Access Plan BK-1: Greenpoint-Williamsburg) shall apply to all new
#development#.
(2) #Upland connection#
A single #upland connection# shall be provided through Block 11, Lot 1 abutting the prolongation of 5th Street and extending from the shore public walkway northerly to 54th Avenue.
(3) #Supplemental public access area#
#Supplemental public access areas# shall be provided pursuant to Section 62-415, paragraph (a), and shall be located as indicated on Map 9.
125-47
Phased Implementation of Publicly Accessible Areas
In the Newtown Creek Subdistrict, the Chairperson of the City Planning Commission shall allow for the phased implementation of all required publicly accessible areas upon certification to the Commissioner of Buildings that a plan has been submitted that provides for an amount of public access area proportionate to the amount of #floor area# being #developed# in each phase. For any #development# located within 100 feet of a #shoreline#, the initial phase shall provide, at a minimum, the required #shore public walkway# and any adjacent #supplemental public access areas# located between such #development# and such #shore public walkway#. For any #development# that fronts upon 54th Avenue, the initial phase shall provide, at a minimum, the required publicly accessible private street.
125-50
PARKING REGULATIONS
The regulations governing permitted and required #accessory# off-street parking spaces of Article I, Chapter 3 (Comprehensive Off-Street Parking Regulations in Community Districts 1, 2, 3, 4, 5, 6, 7 and 8 in the Borough of Manhattan and a Portion of Community Districts 1 and 2 in the Borough of Queens) and Article II, Chapter 5; Article III, Chapter 6; and Article IV, Chapter 4 (Accessory Off-Street Parking and Loading Regulations) shall apply except as set forth in this Section.
125-51
General Regulations
For the purposes of Section 125-50 (PARKING REGULATIONS), inclusive, the #floor area# of a #building# shall not include floor space used for #accessory# off-street parking spaces provided in any #story# located not more than 33 feet above #curb level#.
No #public parking garages# or #public parking lots# shall be permitted.
125-52
Location of off-street parking spaces
(a) Enclosure of spaces
All off-street parking spaces shall be located within facilities that, except for entrances and exits, are entirely below the level of any #street# or publicly accessible open area upon which such facility or portion thereof fronts, or shall be located, at every level above-grade, behind commercial, community facility or #residential floor area# so that no portion of such parking facility is visible from adjoining #streets# or publicly accessible open areas. Such #floor area# shall have a minimum depth of 30 feet.
(b) Rooftop landscaping
Any roof area of a parking garage not otherwise covered by a #building# and larger than 400 square feet shall be landscaped. Up to five percent of such roof area may be used for mechanical equipment, provided that such mechanical equipment is screened from view by a fence which is at least 75 percent opaque or by at least three feet of dense planting. Up to 25 percent of such roof area may be accessible solely from an adjacent #dwelling unit# and the remaining roof area shall be accessible for the recreational use of the occupants of the building in which it is located. Hard surfaced areas shall not cover more than 50 percent of such roof area. #Schools# shall be exempt from the provisions of this paragraph, (b).
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Maximum Size of Permitted Accessory Group Parking Facilities
In the East River Subdistrict, Section 13-134 (Multiple use development) shall apply except that the maximum number of spaces within an #accessory# parking facility for a multiple #use development# shall be 780. Section13-141 (Location of accessory off-street parking spaces) shall not apply.
In the Newtown Creek Subdistrict, Section 13-134 shall apply except that the maximum number of spaces within an #accessory# parking facility for a multiple #use development# shall not exceed 40 percent of the number of #dwelling units# within the #development#.
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Off-site Facilities in the East River Subdistrict
In the East River Subdistrict, all #accessory# off-street parking spaces may be provided within parking facilities on #zoning lots# other than the same #zoning lot# as the #uses# to which they are #accessory#, provided such parking facilities are located within the #Special Southern Hunters Point District#, and the number of parking spaces within such facility shall not exceed the combined maximum number of spaces permitted on each off-site #zoning lot# using such facility, less the number of any spaces provided on such #zoning lots#.
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Location of curb cuts
Curb cuts are permitted only in the locations indicated on Map 10 (Permitted Curb Cut Locations) in Appendix A. The aggregate width of all curb cuts provided for any #development# shall not exceed 50 feet.
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Accessory Indoor Bicycle Parking
Within the #Special Southern Hunters Point District#, a designated area for #accessory# bicycle parking shall be provided for all #developments# or #enlargements#. Such designated area shall be enclosed, accessible and secure, and excluded from the definition of #floor area#. #Accessory# facilities, such as lockers, showers and circulation space shall also be excluded from the definition of #floor area#.
(a) For #residential buildings# with ten or more #dwelling units#, one bicycle parking space shall be provided for every two #dwelling units#, up to a maximum of 200 bicycle parking spaces.
(b) For #developments# or #enlargements# with at least 10,000 square feet of Use Group 6B office #use#, one bicycle parking space shall be provided for every 5,000 square feet of such office #use#, up to a maximum of 200 bicycle parking spaces.
(c) For #developments# or #enlargements# with at least 10,000 square feet of Use Group 6A or 6C retail #use#, one bicycle parking space shall be provided for every 5,000 square feet of such #use#, up to a maximum of 100 bicycle parking spaces.
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 13, 2008, on file in this office.
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City Clerk, Clerk of The Council