THE COUNCIL OF THE CITY OF NEW YORK
RESOLUTION NO. 2128
Resolution approving the decision of the City Planning Commission on Application No. N 090318 ZRQ, for amendments of the Zoning Resolution of the City of New York, concerning the addition of Article XII, Chapter 6 (Special College Point District) and modifications of related sections in Community District 7, Borough of Queens (Preconsidered L.U. No. 1169).
By Council Members Katz and Avella
WHEREAS, the City Planning Commission filed with the Council on June 15, 2009 its decision dated June 3, 2009 (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 amendments of the Zoning Resolution of the City of New York, concerning the addition of Article XII, Chapter 6 (Special College Point District) and modifications of related sections in Community District 7, Borough of Queens, Application No. N 090318 ZRQ, (the "Application");
WHEREAS, the Application is related to ULURP Application Number C 090319 ZMQ (Preconsidered L.U. No. 1170), an amendment to the Zoning Map, rezoning from M3-1 and M1-1 to M2-1 and M1-1 within the proposed mapping of the Special College Point District;
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 27, 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 Corrected Negative Declaration, issued on June 10, 2009 (CEQR No. 09DME007Q);
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 old, to be deleted;
* * * indicates where unchanged text appears in the Zoning Resolution
* * *
11-12
Establishment of Districts
In order to carry out the purposes and provisions of this Resolution, the following districts are hereby established:
* * *
Establishment of the Special Clinton District
In order to carry out the special purposes of this Resolution as set forth in Article IX, Chapter 6, the #Special Clinton District# is hereby established.
Establishment of the Special College Point District
In order to carry out the special purposes of this Resolution as set forth in Article XII, Chapter 6, the #Special College Point District# is hereby established.
* * *
12-10
DEFINITIONS
* * *
Special Clinton District
The "Special Clinton District" is a Special Purpose District designated by the letters "CL" in which special regulations set forth in Article IX, Chapter 6, apply. The #Special Clinton District# appears on the #zoning maps# superimposed on other districts and its regulations supplement or supersede those of the districts on which it is superimposed.
Special College Point District
The “Special College Point District” is a Special Purpose District designated by the letters “CP” in which special regulations set forth in Article XII, Chapter 6, apply. The #Special College Point District# appears on the #zoning maps# superimposed on other districts and its regulations supplement or supersede those of the districts on which it is superimposed.
* * *
All text is new; it is not underlined
Article XII - Special Purpose Districts
Chapter 6
Special College Point District
126-00
GENERAL PURPOSES
The "Special College Point District" established in this Resolution is designed to promote and protect the public health, safety and general welfare. These general goals include, among others, the following specific purposes, to:
(a) encourage and retain high performance manufacturing establishments in New York City;
(b) maintain the high quality business campus environment with landscaped yards within the area known as the College Point Corporate Park; and
(c) promote the most desirable use of land and thus conserve and enhance the value of land and buildings, and thereby protect the City's tax revenues.
126-01
General Provisions
The provisions of this Chapter shall apply to all #developments#, #enlargements#, alterations and changes of #use# within the #Special College Point District#. 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.
126-02
District Plan and Map
The District Map is located within Appendix A of this Chapter and is hereby incorporated and made part of this Resolution. It is incorporated for the purpose of specifying locations where special regulations and requirements set forth in this Chapter apply.
126-03
Applicability of Article I, Chapter 1
Within the #Special College Point District#, Section 11-15 (Environmental Requirements) shall apply, except that prior to issuing a building permit for any #development#, or for an #enlargement#, #extension# or a change of #use#, on a lot that has an (E) designation for hazardous material contamination, noise or air quality, the Department of Buildings shall be furnished with a report from the Department of Environmental Protection (DEP) of the City of New York, stating:
(a) in the case of an (E) designation for hazardous material contamination, that environmental requirements related to the (E) designation have been met for that lot; or
(b) in the case of an (E) designation for noise or air quality, that the plans and drawings for such #development# or #enlargement# will result in compliance with the environmental requirements related to the (E) designation.
126-10
SPECIAL USE REGULATIONS
The #use# regulations of the underlying district are modified as set forth in this Section, inclusive.
126-11
Recreational Uses
The regulations of Section 42-10 (USES PERMITTED AS-OF-RIGHT), shall be modified to allow the following uses as-of-right within the #Special College Point District#:
From Use Group 4A:
Non-commercial recreation centers
From Use Group 4B:
Golf courses
Outdoor tennis courts or ice skating rinks, provided that all lighting shall be directed away from nearby #residential zoning lots#.
#Public parks#, playgrounds or private parks
From Use Group 4C:
#Accessory uses#
126-12
Performance Standards
Section 42-20 (PERFORMANCE STANDARDS) shall be modified so that the performance standards of an M1 District apply throughout the #Special College Point District#.
126-13
Enclosure Regulations
The following provisions supersede Sections 42-41 (Enclosure of Commercial or Manufacturing Activities) and 42-42 (Enclosure or Screening of Storage).
All #commercial# or #manufacturing uses# established by a #development#, #enlargement#, #extension#, or change of #use#, including storage of materials or products, shall be subject to the provisions of this Section, inclusive. With respect to the #enlargement# or #extension# of an existing #use# or storage of materials or products, such provisions shall apply to the #enlarged# or #extended# portion of such #use# or storage.
However, these provisions shall not apply to open parking and loading areas as specifically provided in Sections 44-11 (General Provisions) and 44-51 (Permitted Accessory Off-Street Loading Berths).
126-131
Special enclosure regulations for specific uses previously prohibited under the former College Point Urban Renewal Plan
The following #uses#, including all storage of materials or products, shall be located within a #completely enclosed building#:
From Use Group 17 A:
Produce or meat markets, wholesale
From Use Group 18A:
Incineration or reduction of garbage, offal or dead animals
Radioactive waste disposal services involving the handling or storage of radioactive waste
Sewage disposal plants
Stock yards or slaughtering of animals or poultry
Dumps, marine transfer stations for garbage or slag piles
Electric power or steam generating plants
From Use Group 18B:
Explosives storage, when not prohibited by other ordinances
Junk or salvage establishments, including auto wrecking or similar establishments
Scrap metal, junk, paper or rags storage, sorting, or baling
All #commercial# or #manufacturing uses# specified in this Section 126-131 shall be permitted, provided the City Planning Commission certifies that such #uses# comply with the provisions of this Chapter. A site plan indicating the distribution of #bulk#, #uses#, planting areas and planting types shall be submitted to the Commission. Such submission shall be referred to the applicable Community Board and Borough President for review and comment for a period of no less than 45 days prior to such certification.
126-132
Enclosure regulations in the M1-1 district
All #uses#, except storage of materials or products, shall be located within #completely enclosed buildings#; however, #commercial uses# may be located within #buildings# which are #completely enclosed# except for store fronts or store windows which may be opened to serve customers outside the #building#. Recreational uses permitted pursuant to Section 126-11 (Recreational Uses) shall be permitted as open or enclosed #uses#.
126-133
Enclosure regulations in the M2-1 district near residence districts
All #uses#, except storage of materials or products, within 300 feet of a #Residence District# boundary shall be located within #completely enclosed buildings#; however, #commercial uses# may be located within #buildings# which are #completely enclosed# except for store fronts or store windows which may be opened to serve customers outside the #building#. Recreational uses permitted pursuant to Section 126-11 (Recreational Uses) shall be permitted as open or enclosed #uses#.
126-134
Enclosure of storage in the M1-1 district near residence districts
All storage of materials or products within 200 feet of a #Residence District# boundary shall be located within #completely enclosed buildings#.
126-135
Screening of storage in the M2-1 district near residence districts
Within 200 feet of a #Residence District# boundary, open storage of materials or products shall be permitted only if effectively screened by a solid wall or fence (including solid entrance and exit gates) at least eight feet in height.
In addition, such solid wall or fence:
(a) shall not be located within a #front yard#;
(b) shall be maintained in good condition at all times; and
(c) shall have no #signs# hung or attached thereto other than those permitted in Section 42-52 (Permitted Signs) and Section 126-14 (Sign Regulations), inclusive.
126-136
Screening of storage
At a distance greater than 200 feet from a #Residence District# boundary, the open storage of materials or products, where permitted, shall be screened from all adjoining #zoning lots#, including #zoning lots# situated across a #street#, by either:
(a) a strip at least four feet wide, densely planted with shrubs or trees which are at least four feet high at the time of planting and which are of a type which may be expected to form a year-round dense screen at least six feet high within three years; or
(b) a wall or barrier or uniformly painted fence of fire-resistant material, at least six feet but not more than eight feet above finished grade. Such wall, barrier, or fence may be opaque or perforated, provided that not more than 50 percent of the face is open.
In addition, such screening provided pursuant to paragraphs (a) or (b):
(1) shall not be located within a #front yard#;
(2) shall be maintained in good condition at all times;
(3) may be interrupted by normal entrances or exits; and
(4) shall have no #signs# hung or attached thereto other than those permitted in Section 42-52 (Permitted Signs) and Section 126-14 (Sign Regulations), inclusive.
126-14
Sign Regulations
Within the #Special College Point District#, no #advertising signs# shall be permitted. #Signs# may be #illuminated# but not #flashing#. The provisions of Section 32-67 (Special Provisions Applying Along District Boundaries) shall not apply for #zoning lots# with frontage on the Whitestone Expressway.
No #sign# displayed from the wall of a #building or other structure# shall extend above the parapet wall or roof of such #building or other structure#, and no #signs# shall be permitted on the roof of any #building#.
126-141
Special sign regulations in the M2-1 district
In the M2-1 District, only non-#illuminated signs# and #signs with indirect illumination# are permitted. The surface area of all #signs# on a #zoning lot# shall be limited to:
(a) one #sign# displayed from the wall of a #building# limited to 1.5 square feet of #surface area# for each linear foot of #street wall# or 150 square feet, whichever is less, and further provided that such #signs# shall not exceed a height of 8 feet, and shall not extend to a height greater than 20 feet above #curb level#; and
(b) one #sign# not affixed to a #building# limited to one square foot of #surface area# for each 200 square feet of #street wall# or 30 square feet, whichever is less, and further provided that such #signs# shall not exceed a height of five feet above #curb level#.
126-20
SPECIAL BULK REGULATIONS
The #bulk# regulations of the underlying district are modified as set forth in this Section, inclusive.
126-21
Street Tree Planting
Within the #Special College Point District#, all #developments#, or #enlargements# of 20 percent or more in #floor area#, shall provide #street# trees in accordance with Section 26-41 (Street Tree Planting). In addition, any #building# where 20 percent or more of the #floor area# is converted from a #manufacturing use# to a #commercial# or #community facility use# shall provide #street# trees in accordance with Section 26-41. The #street# frontage used to calculate the number of required trees may exclude the #street# frontage occupied by curb cuts serving #uses# listed in Use Groups 16B, 16C, 16D, 17 and 18.
126-22
Floor Area Ratio
Within the #Special College Point District#, the #floor area ratio# permitted for #commercial#, #community facility# or #manufacturing uses#, separately or in combination, shall be 1.0.
However, within the M2-1 District south of 30th Avenue and its prolongation:
(a) for portions of #zoning lots# within 600 feet of College Point Boulevard, where such #zoning lot# has frontage on College Point Boulevard, or
(b) for #zoning lots# with frontage on the Whitestone Expressway,
the maximum #floor area ratio# for #commercial#, #community facility# or #manufacturing uses#, separately or in combination, shall be as permitted in the underlying district.
126-23
Modification of Yard Regulations
126-231
Minimum required front yards
#Front yards# shall be provided with a depth of 15 feet, except for:
(a) #zoning lots# with frontage along the Whitestone Expressway, where #front yards# shall be provided with a depth of 20 feet; and
(b) #corner lots#, where one front yard may have a depth of 10 feet.
126-232
Minimum required side yards
#Side yards# shall be provided with a width of 10 feet.
126-233
Special provisions along district boundaries
The following regulations shall supplement the provisions of Section 43-30 (Special Provisions Applying along District Boundaries).
(a) Sections 43-301 (Required yards along district boundary coincident with side lot line of zoning lot in an R1, R2, R3, R4 or R5 District) and 43-303 (Required yards along district boundary coincident with side lot line of zoning lot in a Manufacturing District) shall be modified so that an open area not higher than #curb level# and at least 20 feet wide shall be provided within the #Manufacturing District# on any #zoning lot# which is within 25 feet of a #residence district#.
(b) Within the areas depicted on the Special College Point District Map as 60-foot buffer areas, an open area not higher than #curb level# and at least 60 feet wide, or where such open area is adjacent to a #street#, a #front yard# not higher than #curb level# at least 60 feet in depth, shall be provided within the #Manufacturing District#. Such open area shall not be used for #accessory# off-street parking, #accessory# off-street loading, or for storage or processing of any kind.
(c) All open areas required pursuant to this Section and Section 43-30 shall be planted, except at entrances to and exits from the #building# and except for access driveways to #accessory# parking and loading areas. In addition, except within #front yards#, there shall be a planting strip at least four feet wide, along the portion of the #lot line# adjoining the #Residence District#, complying with the provisions applicable to Section 126-136 (Screening of storage), provided that paragraph (b) of Section 126-136 shall not be a permitted form of screening.
126-234
Planting requirement in front yards
#Front yards# shall be planted, except at entrances to and exits from the #building# and except for access driveways to #accessory# parking and loading areas. #Front yards# shall not be used for #accessory# off-street parking, #accessory# off-street loading, or for storage or processing of any kind.
126-235
Storage of materials within yards
Within #side# and #rear yards#, the maximum height of the open storage of materials, where permitted, shall be 12 feet.
126-24
Height and Setback Regulations
Within the #Special College Point District#, the height and setback regulations of an M1-1 district shall apply.
However, within the M2-1 district south of 30th Avenue and its prolongation:
(a) for portions of #zoning lots# within 600 feet of College Point Boulevard, where such #zoning lot# has frontage on College Point Boulevard, or
(b) for #zoning lots# with frontage on the Whitestone Expressway,
the height and setback regulations shall be as permitted in the underlying district.
126-30
SPECIAL OFF-STREET PARKING AND LOADING REGULATIONS
The off-street parking and loading regulations of the underlying district are modified as set forth in this Section, inclusive.
126-31
Parking Regulations
(a) #Accessory# off-street parking shall not be permitted within a required #front yard#.
(b) The provisions of Section 44-21 (General Provisions) pertaining to #accessory# off-street parking spaces for #commercial uses# shall be modified as follows:
Hotels, for the #floor area# used for sleeping accommodations shall be required to provide one parking space per two guest rooms or suites, and for the #floor area# used for meeting halls, auditoriums, eating or drinking places, wedding chapels or banquet halls, or radio or television studios shall be required to provide one parking space per four persons rated capacity
Places of Assembly, for #uses# in parking requirement category D in Use Group 6, 8, 9, 10 or 12, or when permitted by special permit, shall be required to provide one parking space per four persons rated capacity
(c) For #commercial uses# within the Commercial Areas identified on the Special College Point District Map, the parking requirements of a C4-1 district shall apply.
(d) Section 37-90 (Parking Lots) shall apply to all #developments# and #enlargements#, as defined in that Section, that provide an open parking area #accessory# to #manufacturing uses# in Use Group 17. Perimeter landscaping required pursuant to Section 37-921 may overlap with required #yards# provided pursuant to Section 126-23 (Modification of Yard Regulations).
(e) The provisions of Section 44-23 (Waiver of Requirements for Spaces Below Minimum Number) shall only apply to #zoning lots# existing both on (date of adoption) and on the date of application for a building permit.
126-32
Loading Regulations
(a) Off-street loading berths shall not be permitted between a #street wall# and a #street line#. However, the City Planning Commission may authorize off-street loading berths located between a #street wall# and a #street line#, provided that the Commission finds that such loading berths can not be located elsewhere on the #zoning lot# and that such loading berths shall be enclosed or screened to the greatest extent practicable.
(b) All open off-street loading berths shall be screened from all adjoining #zoning lots# pursuant to the standards of Section 44-585 (Screening).
126-33
Curb Cut Restrictions on 15th Avenue
Within the #Special College Point District#, curb cuts shall be prohibited on 15th Avenue.
However, where permitted or required #accessory# off-street parking and loading requirements apply in a location where such curb cuts are prohibited, a curb cut may be allowed, provided that the City Planning Commission certifies to the Commissioner of Buildings that such #zoning lot# has access to the #street# only through such prohibited location and that such curb cut shall be no greater than 20 feet in width.
An application to the City Planning Commission for certification respecting such curb cut shall be accompanied by a site plan drawn to a scale of at least one sixteenth inch to a foot, showing the size and location of the proposed curb cut.
126-40
SPECIAL APPROVALS
126-41
Modification of Planting Requirements
The requirements of Section 126-234 (Planting requirement) and paragraph (c) of Section 126-233 (Special provisions along district boundaries) may be waived in whole or in part if the Commissioner of Buildings certifies that such requirements are unfeasible due to unique geological conditions such as excessive subsurface rock conditions, underground municipal infrastructure, or a City, State or Federal mandated brownfield remediation that requires the site to be capped.
Such waiver shall be based on a report prepared by a licensed engineer that such conditions exist.
126-42
Authorization for Reduction of Required Parking
Within the Commercial Areas identified on the Special College Point District Map, the Commission may authorize a reduction of the parking requirement of Section 44-21 (General Provisions) and paragraphs (b) and (c) of Section 126-31 (Parking Regulations) by an amount not to exceed 50 percent, provided that the Commission finds that the proposed parking is sufficient for the #use# proposed.
126-43
Special Permit to Modify Use or Bulk Regulations
For any #development#, #enlargement#, alteration or change of #use# on a #zoning lot# within the #Special College Point District#, the City Planning Commission may permit modification of the #use# or #bulk# regulations, except #floor area ratio# provisions, provided the Commission shall find that such:
(a) modification will aid in achieving the general purposes and intent of the Special District;
(b) #use# modification is necessary for, and the only practicable way to achieve, the programmatic requirements of the #development#;
(c) #bulk# modifications will enhance the distribution of #bulk# on the #zoning lot#;
(d) #bulk# modifications will permit adequate access of light and air to surrounding #streets# and properties; and
(e) #development# or #enlargement# will relate harmoniously to the character of the surrounding area.
The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.
Appendix A
Special College Point District Map
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 29, 2009, on file in this office.
...…….........................................
City Clerk, Clerk of The Council