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File #: Res 2066-2009    Version: * Name: LU 1084 - Zoning Resolution Amendment, modify certain provisions concerning the Queens Plaza, Court Square, and Hunters Point subdistricts of the Special Long Island City Mixed Use District. (N090304ZRQ)
Type: Resolution Status: Adopted
Committee: Committee on Land Use
On agenda: 6/30/2009
Enactment date: Law number:
Title: Resolution approving the decision of the City Planning Commission on Application No. N 090304 ZRQ, for an amendment of the Zoning Resolution of the City of New York, relating to Article XI, Chapter 7 to modify certain provisions concerning the Queens Plaza, Court Square, and Hunters Point subdistricts of the Special Long Island City Mixed Use District (L.U. No. 1084).
Sponsors: Melinda R. Katz, Tony Avella
Council Member Sponsors: 2
Attachments: 1. Committee Report, 2. Hearing Transcript - Stated Meeting 6/30/09
THE COUNCIL OF THE CITY OF NEW YORK
RESOLUTION NO. 2066
 
 
Resolution approving the decision of the City Planning Commission on Application No. N 090304  ZRQ, for an amendment of the Zoning Resolution of the City of New York, relating to Article XI, Chapter 7 to modify certain provisions concerning the Queens Plaza, Court Square, and Hunters Point subdistricts of the Special Long Island City Mixed Use District (L.U. No. 1084).
 
 
By Council Members Katz and Avella
 
           WHEREAS, the City Planning Commission filed with the Council on May 22, 2009 its decision dated May 20, 2009 (the "Decision"), pursuant to Section 201 of the New York City Charter, regarding an application submitted by the New York City Department of City Planning for an amendment to the Zoning Resolution of the City of New York, relating to Article XI, Chapter 7 to modify certain provisions concerning the Queens Plaza, Court Square, and Hunters Point subdistricts of the Special Long Island City Mixed Use District, Application No. N 090304 ZRQ, Community District 7, Borough of Queens (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 June 23, 2009;
 
           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 2, 2009 (CEQR No. 09DCP047Q):
 
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
 
Article III - Commercial District Regulations
 
*     *     *
 
Chapter 7
Special Urban Design Regulations
 
*     *     *
 
37-40
Off-Street Relocation or Renovation of a Subway Stair
 
Where a #development# or #enlargement# is constructed on a #zoning lot# of 5,000 square feet or more of #lot area# that fronts on a portion of a sidewalk containing a stairway entrance or entrances into a subway station located within the #Special Midtown District# as listed in Section 81-46, the #Special Lower Manhattan District# as listed in Section 91-43, the #Special Downtown Brooklyn District# as listed in Section 101-43, the #Special Long Island City Mixed Use District# as described in Section 117-44, the #Special Union Square District# as listed in Section 118-60 and those stations listed in the following table, the existing entrance or entrances shall be relocated from the #street# onto the #zoning lot#. The new entrance or entrances* shall be provided in accordance with the provisions of this Section.
 
*     *     *
 
Article XI - Special Purpose Districts
 
Chapter 7
Special Long Island City Mixed Use District
 
*   *   *
 
117-10
HUNTERS POINT SUBDISTRICT
 
*    *    *
 
117-23
Street Wall Location in Certain Designated Districts
R6B M1-4/R6A  M1-4/R6B  M1-4/R7A  M1-4/R7X M1-5/R8A
 
In the districts indicated, the #street wall# of any #development# or #enlargement# containing #residences# shall be located no closer to nor further from the #street line# than the #street wall# of an adjacent existing  #building#. However, the #street wall# of a #building# need not be located further from a #street line# than 15 feet.  On #corner lots#, the #street wall# along one #street line# need not be located further from the #street line# than five feet. Recesses, not to exceed three feet in depth from the #street line# or eight feet in depth where  ramps  for the physically handicapped  are required, shall be permitted on the ground floor where required to provide access to the #building#.
 
Existing #buildings# may be vertically enlarged by up to one #story# or 15 feet without regard to the #street wall# location provisions of this Section.
 
*     *     *
 
 
117-40
COURT SQUARE SUBDISTRICT
 
*     *     *
 
117-401
General provisions
 
The regulations governing #developments#, #enlargements#, #extensions# or changes of #use# within the Court Square Subdistrict of the #Special Long Island City Mixed Use District# are contained within Sections 117-40 through 117-45, inclusive. These regulations supplement the provisions of Sections 117-01 through 117-03, inclusive, of the #Special Long Island City Mixed Use District# and supersede the underlying districts.
 
Mandatory pedestrian circulation and subway improvements are those elements of the Subdistrict Plan which shall be built by the developer of the #zoning lot# to which they apply.
 
For the purposes of the mandatory pedestrian circulation and subway improvements in the Subdistrict, the #floor area# of the #development# or #enlargement# shall be the total amount of #floor area# resulting from #developments# or #enlargements# after August 14, 1986.
 
For the purposes of the mandatory pedestrian circulation and subway improvements in the Subdistrict, any tract of land consisting of two or more contiguous lots of record under single ownership or control as of March 1, 1986, shall be considered a single #zoning lot#.
 
 
117-41
Court Square Subdistrict Plan
 
The Subdistrict Plan for the Court Square Subdistrict specifies the location of Blocks 1, 2 and 3 and identifies the improvements to be provided in the District under the provisions of this Chapter.  The elements of the Subdistrict Plan are set forth in Appendix B of this Chapter, which consists of the Subdistrict Plan Map and the Description of Improvements, and is incorporated into the provisions of this Chapter.
 
 
117-42
Special Bulk and Use Regulations in the Court Square Subdistrict
 
#Developments# or #enlargements# containing at least 70,000 square feet of #floor area# on #zoning lots# of at least 10,000 square feet are subject to the provisions of the underlying C5-3 District, as modified by Sections 117-40 through 117-45, inclusive.
 
Other #developments# or #enlargements# are subject to the #use# provisions of the underlying C5-3 District and the #bulk# provisions of an M1-4/R6B designated district pursuant to the regulations of Article XII, Chapter 3 (Special Mixed Use District), as modified by Sections 117-00 through 117-22, inclusive.
 
 
117-421
Special bulk regulations
 
(a)      #Developments# or #enlargements# that meet the minimum #floor area# and #zoning lot# standards of Section 117-44 and provide mandatory subway improvements as required by Section 117-44, may #develop# to a #floor area ratio# of 15.0. #Developments# or #enlargements# that do not meet the minimum standards of Section 117-44 shall not exceed the maximum #floor area ratio# of the designated district for the applicable #use#.
 
(b)      The following provisions shall not apply within the Court Square Subdistrict:
 
Section 33-13 (Floor Area Bonus for a Public Plaza)
 
Section 33-14 (Floor Area Bonus for Arcades)
 
Section 33-26 (Minimum Required Rear Yards)
 
Section 34-223 (Floor area bonus for a public plaza)
 
Section 34-224 (Floor area bonus for an arcade)
 
Section 34-23 (Modification of Yard Regulations)
 
(c)      The height and setback regulations of the underlying C5-3 District shall apply, except that:
 
(1)      no #building or other structure# shall exceed a height of 85 feet above the #base plane# within the area bounded by 23rd Street, 44th Road, a line 60 feet east of and parallel to 23rd Street, and a line 75 feet north of and parallel to 45th Road, and
 
(2)      on Blocks 1 and 3, the #street wall# of a #building# or other structure# shall be located on the #street line# or sidewalk widening line, where applicable, and extend along the entire #street# frontage of the #zoning lot# up to at least a height of 60 feet and a maximum height of 85 feet before setback. Recesses, not to exceed three feet in depth from the #street line#, shall be permitted on the ground floor where required to provide access to the #building#. Above the level of the second #story#, up to 30 percent of the #aggregate width of #street walls# may be located beyond the #street line#, provided no such recesses are within 15 feet of an adjacent #building#.  
 
Above a height of 85 feet, the underlying height and setback regulations shall apply. However, the underlying tower regulations shall be modified to permit portions of #buildings# that exceed a height of 85 feet to be set back at least five feet from a #wide street line#, provided no portion of such #building# that exceeds a height of 85 feet is located within 15 feet of a #side lot line#. The provisions of this paragraph (c)(2), shall not apply to #enlargements# on #zoning lots# existing on (the effective date of amendment), where such #zoning lot# includes an existing #building# to remain with at least 300,000 square feet of #floor area#.
 
*     *     *
 
 
117-423
Sidewalk widening
 
For any #development# or #enlargement# on Block 3 with a building wall facing 45th Road, a sidewalk widening of five feet shall be provided on 45th Road between 23rd Street and Jackson Avenue.  Such sidewalk widening shall be a continuous, paved open area along the #front lot line# of the #zoning lot# at the same elevation as the adjoining sidewalk and directly accessible to the public at all times. Such sidewalk widening shall be unobstructed from its lowest level to the sky except for temporary elements of weather protection, such as awnings or canopies, provided that the total area (measured on the plan) of such elements does not exceed 20 percent of the sidewalk widening area, and that such elements and any attachments thereto are at least eight feet above #curb level#, and that any post or other support for such element or any attachment to the support has a maximum horizontal dimension of six inches. No #street# trees, vehicle storage, parking or trash storage is permitted on such sidewalk widening.
 
*     *     *
 
117-43
Mandatory Circulation Improvement
 
All #developments# or #enlargements# on #zoning lots# of at least 15,000 square feet that contain at least 50,000 square feet of #floor area# or on #zoning lots# of any size providing at least 200,000 square feet of #floor area# shall provide a minimum amount of pedestrian circulation space at the rate provided in the following table:
 
  #Lot Area#
 Minimum Area of Pedestrian Circulation Space
 15,000 to 40,000 sq. ft.
 1 sq. ft. per 350 sq. ft. of #floor area#
 Above 40,000 sq. ft.
 1 sq. ft. per 300 sq. ft. of #floor area#
 
 
The pedestrian circulation space provided shall be one or more of the following types: building entrance recess area, corner circulation space, sidewalk widening or subway stair relocation.
 
Such pedestrian circulation space shall meet the requirements set forth in Section 117-431 (Design standards for pedestrian circulation spaces). No sidewalk widenings or corner circulation spaces shall be permitted along 23rd Street within the Court Square Subdistrict.
 
 
 
 
 
117-431
Design standards for pedestrian circulation spaces
 
(a)      Sidewalk widening
 
A sidewalk widening is a continuous, paved open area along the #front lot line# of a #zoning lot# at the same elevation as the adjoining sidewalk and directly accessible to the public at all times.  A sidewalk widening shall meet the following requirements:
 
 
(1)      Dimensions
 
A sidewalk widening shall have a width no less than 5 feet nor greater than 10 feet measured perpendicular to the #street line#, and shall be contiguous along its entire length to a sidewalk.
 
(2)      Permitted interruptions
Only under the following conditions shall any interruptions of the continuity of a qualifying sidewalk widening be permitted.
 
(i)      A sidewalk widening may be overlapped by a corner circulation space or a building entrance recess area that permits uninterrupted pedestrian flow.
 
(ii)      An off-street subway entrance may interrupt a sidewalk widening, provided such an entrance is located at a #side lot line# or is located at the intersection of two #street lines#.
 
(iii)       A sidewalk widening may be overlapped by the queuing space of a relocated subway entrance, provided that the queuing space for the entrance leaves a 5 foot uninterrupted width of sidewalk widening along the entire length of the queuing space.
 
(iv)      A sidewalk widening may be interrupted by a driveway that is located at a #side lot line#.  The area occupied by the driveway, up to the width of the sidewalk widening, may be counted towards meeting the pedestrian circulation space requirement, provided that there shall be no change of grade within the area of the sidewalk widening.
 
(3)      Permitted obstructions
 
A sidewalk widening shall be unobstructed from its lowest level to the sky except for temporary elements of weather protection, such as awnings or canopies, provided that the total area (measured on the plan) of such elements does not exceed 20 percent of the sidewalk widening area, and that such elements and any attachments thereto are at least 8 feet above the #curb level#, and that any post or other support for such element or any attachment to the support has a maximum horizontal dimension of 6 inches.
 
(4)      Specific prohibitions
 
No #street# trees are permitted on a sidewalk widening.  No vehicle storage, parking or trash storage is permitted on a sidewalk widening.  Gratings may not occupy more than 50 percent of the sidewalk widening area nor be wider than one half the width of the sidewalk widening.
 
(5)      Special design treatment
When one end of the sidewalk widening abuts an existing #building# on the #zoning lot# or an existing #building# on the #side lot line# of the adjacent #zoning lot#, design treatment of the termination of the sidewalk widening is required to smooth pedestrian flow.  The portion of the sidewalk widening subject to design treatment, hereinafter called the transition area, shall not extend more than 10 feet along the sidewalk widening from its termination.
 
The transition area shall be landscaped and the paved portion shall have a curved or diagonal edge effecting a gradual reduction of its width over the length of the transition area to no width at the point of the sidewalk widening termination.  The unpaved portion of such landscaped treatment shall not exceed 50 percent of the transition area and shall be considered a permitted obstruction.
 
(b)      Corner circulation space
 
A corner circulation space is a small open space on the #zoning lot# of a #development# or #enlargement#, adjoining the intersection of two #streets#, at the same elevation as the adjoining sidewalk or sidewalk widening and directly accessible to the public at all times.  A corner circulation space shall meet the following requirements:
 
(1)      Dimensions
A corner circulation space shall have a minimum area of 200 square feet, a minimum depth of 15 feet measured along a line bisecting the angle of intersecting #street lines#, and shall extend along both #street lines# for at least 15 feet but not more than 40 feet from the intersection of the two #street lines#.
 
(2)      Obstructions
 
A corner circulation space shall be clear of all obstructions, including, without limitation, door swings, building columns, #street# trees, planters, vehicle storage, parking or trash storage.  No gratings except for drainage are permitted.  
 
(3)      Building entrances
 
Entrances to ground level #uses# are permitted from a corner circulation space.  An entrance to a building lobby is permitted from a corner circulation space, provided that the entrance is at no point within 20 feet of the intersection of the two #street lines# which bound the corner circulation space.
 
(4)      Permitted overlap
 
A corner circulation space may overlap with a sidewalk widening.
 
(c)      Building entrance recess area
 
A building entrance recess area is a space which adjoins and is open to a sidewalk or sidewalk widening for its entire length and provides unobstructed access to the building's lobby entrance.  A building entrance recess area shall meet the following requirements.
 
(1)      Dimensions
 
A building entrance recess area shall have a minimum length of 15 feet and a maximum length of 40 feet measured parallel to the #street line#.  It shall have a maximum depth of 15 feet measured from the #street line#, and if it adjoins a sidewalk widening shall have a minimum depth of 10 feet measured from the #street line#.
 
(2)      Obstructions
 
A building entrance recess area shall either be completely open to the sky or completely under an overhanging portion of the #building# with a minimum clear height of 15 feet.  It shall be free of obstructions except for building columns, between any two of which there shall be a clear space of at least 15 feet measured parallel to the #street line#.  Between a building column and a wall of the #building# there shall be a clear path at least 5 feet in width.
 
(3)      Permitted overlap
 
A building entrance recess area may overlap with a sidewalk widening or a corner circulation space.
 
 
117-44
Mandatory Subway Improvements
 
#Developments# or #enlargements# containing at least 70,000 square feet of total #floor area# on #zoning lots# of at least 10,000 square feet shall provide mandatory subway improvements as described in Appendix B of this Chapter
 
Subway improvements are required for qualifying #developments# or #enlargements# as follows:
 
(a)      #Zoning lots# with at least 5,000 square feet of #lot area#
 
#Developments# or #enlargements# on #zoning lots# with 5,000 square feet or more of #lot area#, which front on a sidewalk containing a sidewalk entrance(s) to the E and V subway lines, shall relocate the stairway or entrance(s) to such subway onto the #zoning lot# in accordance with the provisions of Section 37-40 (Off-Street Relocation or Renovation of a Subway Stair), with the exception that, in addition to the waivers provided by Section 37-44, the additional standards for location, design and hours of public accessibility contained in Section 37-41  may be waived upon a finding by the Metropolitan Transportation Authority that they are undesirable or unnecessary to ensure a good overall design.
 
(b)       #Zoning lots# with at least 10,000 square feet of #lot area#
 
      #Developments# or #enlargements# on Blocks 1, 2 or 3, identified in Appendix B (Court Square Subdistrict Plan Map and Description of Improvements) of this Chapter, containing at least 70,000 square feet of #floor area# on #zoning lots# of at least 10,000 square feet of #lot area# shall provide mandatory subway improvements as described in paragraph (a) for Block 1,  paragraph (b) for Block 2 and paragraph (c)(1) for Block 3 in Appendix B.
  
In addition, on #  Block #  3, any #development# or #enlargement# containing at least 300,000 square feet of total #floor area# or any #development# or #enlargement# on a #zoning lot# of at least 30,000 square feet of #lot area# shall provide all the mandatory subway improvements for the # block #, as described in paragraphs (c)(1) and (c)(2) for Block 3).
 
 
117-441
Standards and procedures for mandatory subway improvements
 
*     *     *
 
(b)      Procedure
 
(1)      Pre-application
 
*    *    *
 
(6)      Where a #development# or #enlargement# is located on a #zoning lot# which fronts on a sidewalk containing a sidewalk entrance or entrances into a subway and such #zoning lot# contains 5,000 square feet or more of #lot area#, such #development# or #enlargement# shall relocate the stairway entrance or entrances to the subway onto the #zoning lot# in accordance with the provisions of Section 37-03 (Off-Street Relocation or Renovation of a Subway Stair), with the exception that, in addition to the waivers provided by Section 37-034 (Waiver of requirements), the additional standards contained in Section 37-031 (Standards for location, design and hours of public accessibility) may be waived upon a finding by the Metropolitan Transportation Authority that they are undesirable or unnecessary to ensure a good overall design.
 
*      *      *
 
117-50
QUEENS PLAZA SUBDISTRICT
 
*     *     *
 
117-531
Street wall location
 
*      *      *
 
(g)      For any #development# or #enlargement# on a #zoning lot# located on Jackson Avenue between 42nd Road and Queens Plaza South, the #street wall# fronting on Jackson Avenue may be set back ten five feet from the #street line# only upon certification of the Chairperson of the City Planning Commission to the Department of Buildings that the Jackson Avenue sidewalk adjacent to the #zoning lot# will be landscaped in accordance with a plan acceptable to the Department of Transportation and the Chairperson. Such plan shall include five planting beds that shall contain a mixture of deciduous and evergreen shrubs, ground covers and flowers. Such planting beds shall be installed and maintained by the owner of the #development# or #enlargement#. The #street wall# of any subsequent #development# or #enlargement# shall be located no closer to nor further from the #street line# than the #street wall# of an adjacent existing #building#.
 
 
*      *      *
Appendix B
Court Square Subdistrict Plan Map and Description of Improvements
 
*     *     *
Description of Improvements
 
This Appendix describes the mandatory lot improvements that are designated on the District Plan Map in Appendix B for the Court Square Subdistrict. This Descriptions refers to the text for requirements and standards for the following improvements.
 
 
(a)       #  Block # 1
 
(1)      A subway improvement, to consist of a connection between the G and 7 lines and maintenance of glass partitions in the control area of the E/F Ely Avenue mezzanine and near the control area of the G mezzanine which are to be installed by the developer of #Block #  2.  The developer shall notify the Chairperson of the City Planning Commission upon both application for and issuance of a first building permit for the #development# on this #block#.
 
(b)       # Block  # 2
 
(1)      A subway improvement, to consist of a connection between the E/F and G lines, preparation of preliminary plans for a G/7 connection and installation of glass partitions in the control area of the E/F Ely Avenue mezzanine and near the control area of the G mezzanine upon receipt of a written request by the Chairperson of the City Planning Commission, which shall occur only after the issuance of a first building permit for the #development# on  # Block# 1.
 
(c)      # Block # 3
 
      (1)      A subway improvement, to consist of construction of a building entrance within the #lot line# at the northwestern corner of the #block#, a direct link to the 7 platform and construction of a new mezzanine area; and/or   The first #development# to meet the criteria for a subway improvement shall construct new entrances at the intersection of 44th Drive and 23rd Street for the Number 7 45th Road/Courthouse Square station, in consultation with the Metropolitan Transportation Authority and the Department of City Planning.  
 
      (2)      A subway improvement, to consist of a substantial physical improvement to the G platform and mezzanine areas, including reconfiguration of control areas as necessary and acoustical upgrading. For subsequent #developments#, a subway improvement to the north end of the Number 7 45th Road/Courthouse Square station shall be required. Such improvement shall be determined in consultation with the Metropolitan Transportation Authority and the Department of City Planning.
 
*     *     *
 
 
 
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 June 30, 2009, on file in this office.
 
 
 
 
 
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                                                                          City Clerk, Clerk of The Council