THE COUNCIL OF THE CITY OF NEW YORK

RESOLUTION NO. 881

Resolution approving the decision of the City Planning Commission on Application No. N 110176 ZRM, for an amendment of the Zoning Resolution of the City of New York, relating to Article IX, Chapter 6 (Special Clinton District), Article I, Chapter 4 (Sidewalk Café Regulations), and Appendix F, Borough of Manhattan (L.U. No. 396).

By Council Members Comrie and Weprin

                           WHEREAS, the City Planning Commission filed with the Council on May 16, 2011 its decision dated May 11, 2011 (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 and Manhattan Community Board 4, for an amendment of the Zoning Resolution of the City of New York to provide new opportunities for residential development, including new affordable housing, in the West Clinton neighborhood, to encourage new manufacturing compatible uses between Eleventh Avenue and the West Side Highway, and to ensure that the form of new buildings relates to and enhances neighborhood character (Application No. N 110176 ZRM), Borough of Manhattan (the "Application");

                     WHEREAS, the Application is related to Application C 110177 ZMM (L.U. No. 397), an amendment of the Zoning Map to rezone all or portions of 18 blocks in West Clinton;

                          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 2, 2011;

                           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 January 3, 2011, which included (E) designations to avoid the potential for significant adverse impacts related to air quality, noise and hazardous materials (E-268), (CEQR No. 11DCP068M);

RESOLVED:

                     The Council finds that the action described herein will have no significant impact on the environment.

Pursuant to Sections 197-d and 200 of the City Charter and on the basis of the Decision and Application, and based on the environmental determination and consideration described in this report, N 110176 ZRM, incorporated by reference herein, 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 to be deleted;

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

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

Article 1 - General Provisions

* * *

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).

*                      #Unenclosed sidewalk cafes# are allowed on Greenwich Avenue

**                      #Unenclosed sidewalk cafes# are not allowed on State, Whitehall or Chambers Streets or Broadway

***                      Enclosed sidewalk cafes are allowed in Subdistrict B

Article IX - Special Purpose Districts

Chapter 6

Special Clinton District

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96-10

PRESERVATION AREA

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96-104

Height and setback regulations

The underlying height and setback regulations shall not apply, except as set forth in Sections 23-62 or 33-42 (Permitted Obstructions), as applicable. In lieu thereof, the height and setback provisions of this Section shall apply. All height shall be measured from #curb level#.

(a)                      Street wall location

For #zoning lots# with #wide street# frontage, the #street walls# of a #building or other structure# shall be located on the #wide street line# and extend along the entire #wide street# frontage of the #zoning lot#. For #corner lots# with #narrow street# frontage, the #street walls# of the #building# shall be located on and extend along the #narrow street line# within 50 feet of the #wide street#.

For #zoning lots# with #narrow street# frontage, #street walls# shall be located on the #street line# and extend along the entire #narrow street# frontage of the #zoning lot# beyond 50 feet of a #wide street#. However, where the #street wall# of an adjacent #building# fronting on the same #narrow street line# is located within 10 feet of the #street line#, the #street wall# of the #building# may be aligned with the #street wall# of the adjacent #building# for a distance of not less than 20 feet measured horizontally from the side wall of such #building#. The portion of a #zoning lot# that is located between a #street wall# and the #street line#, pursuant to the optional #street wall# location provisions of this paragraph (a), shall be maintained at the same elevation as the adjoining sidewalk. In addition, such portion of a #zoning lot# shall be planted, except at the entrances to and exits from the #building#, or adjacent to #commercial uses# fronting on the #street#.

(b)                      Permitted recesses

Ground floor recesses up to three feet deep shall be permitted for access to building entrances. Above a height of 12 feet, up to 30 percent of the #aggregate width of street walls# may be recessed, provided no such recesses are within 30 feet of the intersection of two #street lines#.

(c)                      Building height

Within 100 feet of a #wide street#, the #street wall# of a #building or other structure# shall rise without setback to a minimum height of 50 feet or the height of the #building#, whichever is less, and a maximum height of 66 feet. A setback shall be provided for all portions of #buildings# that exceed a height of 66 feet. Such setbacks shall be provided at a height not lower than 50 feet and not higher than 66 feet, and shall have a minimum depth of 10 feet, measured from any #street wall# facing a #wide street#, and a minimum depth of 15 feet, measured from any #street wall# facing a #narrow street#. No #building or other structure# shall exceed a height of 85 feet. Beyond 100 feet of a #wide street#, no #building or other structure# shall exceed a height of seven #stories# or 66 feet, whichever is less.

However, the City Planning Commission, by special permit, may modify the special height and

setback regulations restrictions set forth in this Section for any #development# or #enlargement#.

In order to grant such special permit, the Commission shall find that the distribution of the #bulk# of the #development# or #enlargement# permits adequate access of light and air to surrounding #streets# and properties and that the maximum height of such #development# or #enlargement# does not exceed 99 feet beyond 100 feet of a #wide street#, and 115 feet within 100 feet of a #wide street#.

* * *

96-30

OTHER AREAS

In Area C, the regulations of the underlying districts shall apply, except as otherwise set forth in

this Chapter Section 96-30, inclusive.

96-31

Special Regulations in R8 Districts

(a)                      In R8 Districts, other than R8A Districts, in Other Areas west of Tenth Avenue Western Subarea C2, including #Commercial Districts# mapped within such R8 Districts, the following special regulations shall apply:

                     (a) (1)                      the provisions of Sections 96-101 (Floor area regulations) and 96-104 (Height and setback regulations) shall apply; and

(b) (2) the provisions of Section 96-102 (Lot coverage regulations) shall apply, except that for all portions of a #zoning lot# located in an Other Areas and more than 100 feet from the #street line# of a #wide street#, the maximum #lot coverage# shall not exceed 70 percent of the portion of the #zoning lot# in the Other Areas.

(b)                      In R8A Districts in Western Subarea C2, including #Commercial Districts# mapped within such R8A Districts, the following special regulations shall apply:

(1)                      Inclusionary Housing Program

R8A Districts in Other Areas, west of Tenth Avenue, shall be #Inclusionary Housing designated areas# pursuant to Section 12-10 (Definitions) for the purpose of making the Inclusionary Housing Program regulations of Section 23-90, inclusive, applicable as modified within the Special District.

(2)                      Maximum #floor area ratio#

Within such #Inclusionary Housing designated areas#, the maximum #floor area ratio# for any #zoning lot# containing a #residential use# shall not exceed a base #floor area ratio# of 5.4, except that such base #floor area ratio# may be increased to a maximum #floor area ratio# of 7.2, through the provision of #affordable housing#, pursuant to the provisions relating to #Inclusionary Housing designated areas# in Section 23-90. However, any units for which a #floor area# increase has been earned, pursuant to Section 23-90 shall be located within the #Special Clinton District#.

(3)                      Special Use and Bulk Regulations for Existing Electrical Utility Substations

Electrical utility substations, operated for public utility purposes, existing on (effective date) and located wholly or partially within the portion of Western Subarea C2 east of 11th Avenue, shall be considered conforming #uses# that are subject to the #bulk# regulations of the underlying district and the #use# regulations of an M1-5 District. Any change of #use# on a #zoning lot# occupied by any such electrical utility substation shall be permitted only pursuant to the regulations of the underlying district. In the event any such electrical utility substation is damaged or destroyed, in whole or in part, by any means, including demolition, the provisions of Section 54-40 (DAMAGE OR DESTRUCTION IN NON-COMPLYING BUILDINGS) shall not apply and such electrical utility substation may be reconstructed, provided that such reconstruction shall not create a new #non-compliance# nor increase the degree of #non-compliance# with the applicable #bulk# regulations. However, in the event there is a complete cessation of #use# of the #zoning lot# as an electrical utility substation for a continuous period of five years, such electrical utility substation shall no longer be considered a conforming #use# on such #zoning lot#.

96-32

Special Regulations in R9 Districts

In R9 Districts in Western Subarea C2, the provisions of Section 23-633 (Street wall location and height and setback regulations in certain districts) for R9A Districts shall apply to all #buildings or other structures#. In #commercial districts# mapped within R9 Districts in Western Subarea C2, the provisions of Section 35-24 (Special Street Wall Location and Height and Setback Regulations in Certain Districts) for C2-7A Districts shall apply to all #buildings or other structures#. Notwithstanding the provisions of paragraph (c) of Section 23-011 (Quality Housing Program), in all such R9 Districts and #commercial districts# mapped within such R9 Districts, the provisions of paragraph (b) of Section 23-011 shall apply.

(a)                      Inclusionary Housing Program

R9 Districts in Other Areas, west of Tenth Avenue, shall be #Inclusionary Housing designated areas# pursuant to Section 12-10 (Definitions) for the purpose of making the Inclusionary Housing Program regulations of Section 23-90, inclusive, applicable as modified within the Special District.

(b)                      Maximum #floor area ratio#

Within such #Inclusionary Housing designated area#, the maximum #floor area ratio# for any #zoning lot# containing a #residential use# shall not exceed a base #floor area ratio# of 6.0, except that such base #floor area ratio# may be increased to a maximum #floor area ratio# of 8.0, through the provision of #affordable housing#, pursuant to the provisions relating to #Inclusionary Housing designated areas# in Section 23-90.  However, any units for which a #floor area# increase has been earned pursuant to Section 23-90 shall be located within the #Special Clinton District#.

96-33

Special Regulations in M2-4 Districts

96-331

Adult establishments

The provisions of Section 52-77 (Termination of Adult Use Establishments) shall not apply to any #adult establishment# that located within the #Special Clinton District# after October 25, 1995 and prior to [Date of CPC Approval], and which, as of [Date of CPC Approval] and [Date of City Council Approval], was an existing #use# and conformed to all provisions of Section 42-01 (Special Provisions for Adult Establishments) applicable to M2-4 Districts.

96-332

Height and setback

In M2-4 Districts in Western Subarea C2, the underlying height and setback regulations shall apply as modified by the following special bulk regulations.

For all #buildings or other structures#, the #street wall# of a #building# shall rise without setback to a minimum base height of 50 feet, or the height of the #building#, whichever is less, and a maximum base height of 95 feet. No portion of a #building# shall exceed a height of 135 feet and no #sky exposure plane# shall apply.

On #wide streets#, and on #narrow streets# within 50 feet of their intersection with a #wide street#, the #street wall# shall be located on the #street line# and extend along such entire #street# frontage of the #zoning lot# up to at least the minimum base height.

On #narrow street# beyond 50 feet of their intersection with a #wide street#, the #street wall# shall be located on the #street line# and extend along at least 70 percent of the #narrow street# frontage of the #zoning lot# up to at least the minimum base height.

Where #street walls# are required to be located on the #street line#, 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 a height of 12 feet, up to 30 percent of the #aggregate width of street walls# may be recessed beyond the #street line#, provided any such recesses deeper than 10 feet along a #wide street#, or 15 feet along a #narrow street#, are located within an #outer court#. Furthermore, no recesses shall be permitted within 30 feet of the intersection of two #street lines# except that, to allow articulation of #street walls# at the intersection of two #street lines#, the #street wall# may be located anywhere within an area bounded by the two #street lines# and a line connecting such #street lines# at points 15 feet from their intersection.

* * *

96-80

EXCLUDED AREAS

Except as provided in this Section, the regulations set forth in this Chapter shall not apply to the

following areas:

(a)                      parcels within the blocks bounded by West 50th Street, Tenth Avenue, West 56th Street and Eleventh Avenue, provided that in this area the provisions of Sections 96-40 (MODIFICATION OF GENERAL LARGE-SCALE DEVELOPMENT PROVISIONS), 96-51 (Mandatory Tree Planting Provisions) and 96-812 (C6-3X Designated Districts) shall apply.

* * *

(c)                      property bounded by West 45th Street, the easterly right-of-way of the Amtrak Empire Line, West 44th Street and Eleventh Avenue, provided that in this area the provisions of Section 96-821 (R10 Districts Inclusionary Housing Designated Area) shall apply;

96-81

R10 Districts

96-82

R10 Inclusionary Housing Designated Area

The R10 dDistricts in Excluded Areas the area shown on the map in this Section shall be an #Inclusionary Housing designated areas# pursuant to Section 12-10 (Definitions) for the purpose

of making the Inclusionary Housing Program regulations of Section 23-90, inclusive, applicable

as modified within the Special District. The provisions of paragraph (a) of Section 23-954 (Additional requirements for compensated developments) shall not apply.

<DELETE MAP. No IZ map required>

96-81 82

C6-3X Designated Districts

(a)                      Inclusionary Housing Program

Where the designated district is C6-3X Districts within the Excluded Areas, such district shall be an #Inclusionary Housing designated areas# pursuant to Section 12-10 (Definitions) for the purpose of making the Inclusionary Housing Program regulations of Section 23-90, inclusive, applicable as modified within the Special District.

(b)                      Maximum #floor area ratio#

Within such #Inclusionary Housing designated areas#, the maximum #floor area ratio# for any #zoning lot# containing a #residential use# shall not exceed the base #floor area ratio# of 6.75, except that such base #floor area ratio# may be increased to the maximum #floor area ratio# of 9.0, through the provision of #affordable housing#, pursuant to the provisions relating to #Inclusionary Housing designated areas# in Section 23-90.

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Appendix A

SPECIAL CLINTON DISTRICT MAP (REVISED MAP)

APPENDIX F

Inclusionary Housing Designated Areas

The boundaries of #Inclusionary Housing designated areas# are shown on the maps listed in this Appendix F. The #Residence Districts# listed for such areas shall include #Commercial Districts# where #residential buildings# or the #residential# portion of #mixed buildings# are governed by the #bulk# regulations of such #Residence Districts#.

* * *

In addition, the following special purpose districts contain #Inclusionary Housing designated areas#, as set forth within the special purpose district:

Special 125th Street District - see Section 97-421 (Inclusionary Housing)

Special Clinton District - see Sections 96-81 (C6-3X Designated District) and 96-82 (R10 Inclusionary Housing Designated Area) 96-31 (Special Regulations in R8 Districts) paragraph (b), 96-32 (Special Regulations in R9 Districts), 96-81 (R10 Districts) and 96-82 (C6-3X Districts)

Special Coney Island District - see Section 131-321 (Special floor area regulations for residential uses)

Special Downtown Jamaica District - see Section 115-211 (Special Inclusionary Housing Regulations)

Special Garment Center District - see Section 93-23 (Modifications of Inclusionary Housing Program)

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 14, 2011, on file in this office.

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

                                                                                                                                                                                   City Clerk, Clerk of The Council