10
Community Board
Zoning Informational Handout
Contents
1
The ULURP Process
Process: Agencies involved and timeline Purpose of ULURP Certification ULURP applications in Ditrict 10
5
2
Special Permit
Use of Special Permits SP for Landmark preservation SP in Historic Districts SP for Community Uses Application process
6
Public School Siting
Sample documents & forms
Finding sites for new schools Process for building a school Design & Construction issues Schools and seats in District 10
For ULURP application For Speacial Permit application For Text ammendment requests For Sidewalk Cafe License Other important documents that CB10 reviews
3
Text Change Application
Purpose and Implications A Non-ULURP process Application process Text ammendmentin District 10
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FAQs
4
Sidewalk Cafe’s Types of Sidewalk cafe Rules for a License Design and Operation rules Sidewalk Cafes in District 10
1
Non ULURP Application types Non-ULURP Zoning Authorizations (ZA) Zoning Certifications (ZC) Zoning Text Ammendments (ZR) SSSRDD Authorizations (RA) SSRDD Certifications (RC) Enclosed Sidewalk Cafe (EC) Easement Delineation (ME) Business Franchise (BF)
2
ULURP Application types
3
Post-ULURP Renewals, Follow-up and Modifications
Zoning Map Amendment (ZM) Change in City Map (MM)
Renewal (CM) - Non - ULURP
Zoning Special Permits (ZS)
Substantial Compliance Non- ULURP
SRD Special Permits (RS)
Minor Modifications (CM) - Non-ULURP
Landfills (ML)
Major Modifications ULURP
Other Actions
Overview Types of Zoning and Land-use applications
4
City Sponsored Projects/ Application Types - Non ULURP
5
City Sponsored Projects/ Application Types - ULURP
6
Special Policy Areas Manhattan Core Parking Actions
Office Space Lease (PX) Landmark or Historic District Designation (HK) Amended Drainage Plan (MD) Business Improvement Districts (BD) 197-A Plans
Urban Development Action Areas (UDDAP) (HA) Combination Acquisition and Site Selection by the City (PC) Disposition of Non-Residential City-Owned Property (PP) Acquisition of Property by the City (PQ) Site Selection (City Facility) (PS)
FRESH Food Store Actions
Sidewalk Cafe’s
A “sidewalk café” is a portion of a legal restaurant that operates on the public sidewalk. There are 3 types of Sidewalk cafes
1 Enclosed Cafe Such café has an enclosed area on the public sidewalk in front of the restaurant that is constructed predominantly of light materials such as glass, plastic, or lightweight metal.
2 Unenclosed Cafe An outdoor area on the public sidewalk in front of the restaurant that contains removable tables and chairs
3 Small Unenclosed Cafe An unenclosed sidewalk café containing no more than a single row of removable tables and chairs next to the building.The tables and chairs can occupy no more than 4 feet, 6 inches of the public sidewalk.
What are the rules to judge a sidewalk café application?
1
A business requires a license from Department of Consumer Affairs (DCA) to operate a sidewalk cafe. This license is pertinent on certain conditions, which decides whether a sidewalk cafe is permitted in the area, on the particular street and what design considerations have to be followed before planning for a sidewalk cafe.
Does the NYC Zoning Resolution permit a sidewalk café in the area? In general, sidewalk cafés are permitted in these districts only: Commercial (C)* Manufacturing (M)* R10H (High density Residential) However they are not permitted in C3 districts or in M1-5A or M1-5B districts south of Houston Street. In District 10, the present sidewalk cafes are all along commercial overlays. In addition the Special District rules also govern which kinds of sidewalk cafes are permitted in each. In Bay Ridge special district, all kinds of Sidewalk Cafe’s are permitted.
Olio e Piú Restaurant, Greenwich Ave at Sixth Ave - a flowery sidewalk cafe Photo courtesy Cultivar413 from Pixelics
2
Is a Sidewalk Cafe permitted on the street on which the business is located? This is dictated by the Street Guides, which provide a general overview of where sidewalk cafes are permitted or not permitted in New York City. In District 10, all
Sidewalk Cafe’s 3a. 1
Physical Criteria common to all Cafes
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No portion should swing outside the designated exterior parameter: like doors, windows, walls or any objects.
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For access to persons with physical disabilities : At least one door into the café must be a minimum of 3 feet wide and a non-skid ramp may be required if there is a change in grade.
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Only movable furnishings: except lighting fixtures and HVAC installations which may be affixed No signs permitted: except name and type of establishment on umbrella, on valence of awning, or on the partition.
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Does the cafe follow Sidewalk Café Design rules and regulations? There are several rules relataed to location, physical design and operation of the cafe that a business has to adhere to. These are found in Please see Title 20 of the NYC Administrative Code, Sections 20-223 through 20-227.1 and Title 6 of the Rules of the City of New York, Sections 2-41 through 2-58. A brief summary of all relevant rules is presented here.
3a. 2
Physical Criteria for Enclosed Cafe’s A) Construction material: base wall of opaque material up to 12 inches from finished floor. B) Enclosure must be transparent up to 7 ft above the finished floor level:All enclosing walls, doors and windows, except for the structural members or base wall, must be of colorless, untinted, nonreflective transparent material, up to a height of 7 ft above finished floor level. C) Awning should be incombustible and above a height of 7 ft from the finished floor level. D) Enclosed sidewalk café shall not be more than 7 inches above the level of adjoining sidewalk. E) Minimum distance of 40 ft between two enclosed sidewalk cafes, if they sandwich an entrance to a ground floor commercial use, unrelated to either businesses. Minimum distance of 15 ft if an entrance to ground floor noncommercial use, or uses above or below ground floor, is located between them.
3a. 3
Physical Criteria for Unenclosed Cafe’s
A) A self-supporting, removable base wall, railing or planter is allowed as a division: provided not higher than 30 inches, and provided that a service aisle not less than 36 inches is maintained along the entire length of separated areas. If a fence or railing is used, half of its area should be transparent. All materials should be removed after the café closes for the day.
Lafayette Grand Café & Bakery: NoHo Photo courtesy of Paul Wagtouicz
B) Sidewalk café shall be at the same elevation as the sidewalk: Paint, grass or artificial turf, carpet, platforms, or any other surface cover or treatment of any kind, shall not be permitted to be placed upon the area designated for an unenclosed sidewalk cafe, at any time. C) Awning should be retractable, with fire resistant frame and cloth. Height should be at least 7 ft, and valence shall not be more than 12 inches high. D) Exterior corners of the café shall be marked with white latex traffic and zone marking paint.
An unclosed sidewalk cafe in the Upper West Side
E) Portable gas heaters are permitted in unenclosed sidewalk cafés, subject to review and approval by the Department of Buildings and the Fire Department.
3b.
Location and Clearance Requirements
Clear path regulations
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Level of Service: The city may require that a pedestrian flow analysis be submitted, as an evidence that level of service does not degrade by more than one level and not below level D.
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The applicants must show all permanent items on the sidewalk within a 20’ distance from the proposed café in the plans. They should maintain the following minimum distances to obstructions: Subway entrance (except flat end) Sidewalk cafés (enclosed only) Bus stop (with shelter at open end) Other authorized object (over 15 square feet)
15’
Fire hydrants/standpipes
10’
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8-foot clear path: A café should have an 8 ft clear path (9 ft at intersections) between outer limit of the café and any objects near the curb, including the curbstone.
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Larger clear path:When a sidewalk is wider than 16 feet, the amount of clear path must be 50% of the distance from the building to the curb line.
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Service Aisle: a 3 ft service aisle is required in all cafes. The aisle makes sure café doesn’t use public space to serve the clients, also makes sure café is disabled-accessible.
3c.
Rules to be followed while operating the cafe
Traffic lights
9’
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Telephone booths/kiosks Mailboxes Lampposts Street trees (from fencing and guards) Bicycle racks (including all bicycles)
Serving Liquor - If the applicant holds a State Liquor Authority license to serve alcohol in the restaurant premises, the applicant must provide waiter service.
8’
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Benches (only for enclosed cafés) Subway entrance/bus stop (at closed end) All other legal street furniture (15 square feet or less)
Cleanliness and Orderliness: The applicant must make sure the sidewalk café is kept clean and clear of any trash or refuse. No loud or unnecessary noises are permitted from the café.
5’
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Cellar door (unless closed, locked, and reinforced) Transformer vaults Subway grates Siamese connections
Sign Display : All applicants must prominently display their DCA Sidewalk Café license and DCA complaint sign in the window or doors that look onto the street
3’
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Setup Regulations: The sidewalk café, when in use, must be set up with the same items that were approved by DCA when the license was granted. Also, applicants may operate with fewer tables and chairs than the number DCA approved.
Sidewalk Cafes in District 10 Operating Cafes There are 6 sidewalk cafes in District 10 at present. All of these are unclosed cafes, with seating capacities up to 20 tables. BACI RISTORANTE CAFFE CAFE TOXOTIS LLC / KING SOLOVAKI? PANEANTICO BAKERY CAFE BURGERFL MUSSELS & MORE
Pending Review In addition, there are several pending applications for new sidewalk cafes or renewals, with a mix of both enclosed and unenclosed cafes
Sidewalk Cafe of Baci Ristorante, an Italian food place at 85th street and 3rd Aveneue in Bay ridge
1 Renewing license of an enclosed sidewalk cafe Case of 10018 4th Avenue Date: 20 April 2020
Context: The owner applied to renew their license to operate an enclosed sidewalk café for 19 tables and 38 seats. The Zoning and Land Use committee members asked several questions: Would there be sufficient space left for walking? The owner previously had a license for unclosed sidewalk café which was 7 ft 2 inches. The new proposal was an enclosed café with 7 ft 4 inch of sidewalk space. In addition to shrinking sidewalk space, there were concerns of of double parking due to the cafe as well. Applicant said that they will employ additional valet parking at peak times to alleviate double parking on 4th avenue. In addition, 2 concerns about safety due to the structure were raised How would the café impact the ease of access to the fire escape? The proposed structure had a cloth awning that could be open to allow access to fire escape. The applicant said they would consider modification to the design to allow access to the fire escape. Positano cafe at 10018 4th Avenue
How would the owner access the cellar door? The enclosed structure would prevent direct access to cellar doors from 4th avenue. Finally, Committee approved the application with pending approval of DoB to review fire escape and cellar access.
NYC’s Open Street Initiative in response to COVID-19
Context: The pandemic has had a huge imapct on small businesses, particularly restaurants and eatries. To help the food businesses recover their losses and start functioning, while maintaing social distancing, the city started the Open Streets Intiative.
Process: Any community organization, BIDs or a group of 3 or more business owners on a single block can apply for permission of an open street. The city would then close the street to traffic and allow these restaurants to use a part of the road space for outdoor seating. This makes the sidewalks free for movement of pedestrians, as well as allows customers to dine without having to sit indoor, where risk of infections is higher.
Public School Siting
How the SCA Finds Suitable Sites for New Schools? “The Real Estate Services Division within SCA is responsible for identifying potential sites for new schools where the need exists. SCA has in-house staff and contracts with a small number of real estate brokers who evaluate potential new school sites. SCA allows the public to submit potential sites for new schools via a web portal on SCA website. Below are three criteria SCA uses when evaluating the feasibility of a potential site before acquiring or leasing a property for a new school.While these criteria are general, they do provide some insight into what challenges SCA faces when finding appropriate sites.�
1 Size SCA looks for sites of at least 20,000 square feet (SF), but considers sites as small as 12,000 SF in high need areas. In contrast, some charter school providers will consider sites below 10,000 SF.
2 Location SCA prefers sites where pedestrians are adequately protected on the streets from traffic etc. and considers sites that are not near incompatible commercial uses such as an adult use establishment. This information is taken from the Planning to Learn report by a Working group on School Planning and Siting, which was constituted by City Council to identify problems with the current school system and recommend solutions for problems such as overcrowding.
3 Property History SCA looks into the sites history to make sure it is safe for building a school. Most of the large-scale sites available in NYC for a school construction are brownfield sites, and their historical uses can indicate level of contamination and need for remediation. Though, the SCA has not decided upon threshold of contamination or remediation that is acceptable.
Process from identifying a site to Building the School Acquires the site after negotiating for a ‘fair price’
SCA draws a site plan
Puts out notice with date of public hearing and invitation for public comments
Submits Site plan to Mayor and City Council for approval
After their approval, SCA may begin Eminent Domain proceedings
A report on the site is presented to SCA Board of Trustees
Sents notice to site owner and starts negotitations for purchase
‘District 10 falls under Community School District 20, which has one of the highest utilization rates and seats deficit in the city.;
Fort Hamilton high School in District 10 is one of the popular schools in the city, facing issues of severe overcrowding.
Design considerations in building new schools •
NYS requires public schools meet certain design standards to protect human health, provide safe environments, and meet certain environmental standards
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Charter schools do not have such stringent design requirements.Thus, developer find it easier to build new charter schools as they can be accomodated on small lots and are easier to integrate as part of mixed use constructions.
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Gyms are major design challenge as they require minimum 5000 sf of column-free space, i.e. hard to build with other uses, especially under residential towers. Similarily, recreation spaces are tough to build.
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DOE facilities also have high seismic safety standards that make them harder to build with other mized use buildings, as they raise the cost of project dramatically.
‘Developers find it easier to build charter schools, as they have less stringent design requirements, and can be accomodated on small lots or paired up with mixed use development projects.’
Sendero-verde, an upcoming Mixed Use development in East Harlem, , accomodates a charter school alongwith retail, community services and 709 affordable housing units in its premises.
Construction considerations in building new schools •
Turn key vs Shell and Core construction: SCA may chose to build through ‘Turnkey contracts or “Shell and Core” contracts. Turnkey projects are faster and generally cheaper.
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Design-Bid-Build vs Design-Build: SCA build projects through Design-Bid-Build mechanism, where different people are in charge of design and building the facility. This is unlike Design-Build, where same person does both things, for whcih SCA does not have the permission.
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Lease vs Own: DOE typically owns the facilities it operates, but based on previous capital plans, approximately 25% of the new facilities are expected to be leased.
Public Schools and seats in School District 20
Map showing number of school seats deficit in Ney York City, with each dot representing 30 needed seats. Source: NYC DOE Blue Book 2015-16
Currenty according to NY State Education Department, there are as many as 45 institutes of learning, including Public schools and speacialized learning centres. According to DOE’s 2015-16 calculations, District 20 had the highest utilization rate in the city, at 121%.They estimated a deficit of over 10,000 K-8 seats in the district, out of which about 3500 had been funded but were unsited because of lack of space.
1 Public meeting regarding new 676 seat primary school
Case of public school at former Angel Guardian Home site Date: 17th December 2018, Minutes Report Context: A public meeting regarding siting a 676-seat primary school. Following is a summary of issues that were raised by attendants, as well as solutions to these issues proposed by a joint committee of Education and Zoning & Land Use Committee of CB10. Where will the School buses park: School buses will add to destruction of the quality of life. The residents expressed concerns over the overnight parking of school buses at night and on weekends. This will limit the number of parking spaces on the street. How will the increased traffic affect parking for residents: There will be shortage of parking for residents. The residents felt that school buses, as well as the additional cars brought to the area by school staff and parents would take up all the on-street parking spots. There would be no spaces left for the residents. How does the SCA plan on managing additional traffic: Added traffic will make it a lot tougher to drive The residents reiterated that 65th street is a busy corridor and more vehicular activity would make it more difficult to drive in the surroundings.
Solutions: NYC council should change the city code that allows school buses to park on the street near the school overnight. In addition, the SCA should design school such that a driveway is created, where the school buses can pull into the school alleviating traffic. Taking school buses off the street would also remove the “No Parking form 7am-4pm� near the school creating parking spaces.
The committee proposed that a task force should be established to create a traffic plan focused on parking and traffic violation enforcement.
In addition to these, the committee also demanded that the SCA returns to the Community Board when they are 25% into design phase, to make sure the concerns of the boar regarding design and planning of the school are being addressed.
The
‘Uniform Land Use Review Procedure’ is a standardized procedure whereby any development application that affects the the land use of the city would be publicly reviewed.
ULURP Process
Types of applications decided through ULURP
Information presented here is sourced from NYC Planning’s Official website about ULURP process. The Charter which defines the rules foe ULURP process, also outlines the notice and conduct of a Community Board public hearing. ULURP provisions also govern the quorum, vote and content for a Community Board recommendation. All of these procedures are detailed in later sections
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City Map Changes Maps of Subdivision Plattings Zoning Map Changes CPC Special Permits Revocable Consents Franchise RFP’s Major Concessions Non-City Public Improvements Housing & Urban Renewal Plans Landfills Deposition of Real Property Acquisition of Real Property Site Selection
Most of the development in New York City is ‘as-of-right’ i.e., if a new development confirms to the preexisitng zoning rugualtions of the area, it is allowed to proceed as of right. However, if a development is intends to not conform to the existing rules, the developer has to go through the ULURP process. There are multiple agencies involved which review the application in theprocess, before it gets approval to proceed for construction. The charter which defines the rules and dutoes of each agency also specifies time limits for each agency. The process is outlined on the next page with deatials of all participating agencies and the decision timeline. The whole process may tke 1 year to complete. On the left, are the general type of applications which are required to undergo the ULURP process.
Department of City Planning
Community Board
Borough President & Borough Board
City Planning Commission
Application and PreCertification •
Receives application and related documents
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Forwards application and documents within 5 days to CB, BP and CC (and BB, if project affects more than one CB)
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Certifies application as complete.
No specified Time Limit (after 6 months, applicant or BP in some cases, may appeal to CPC for certification).
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Notifies public
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Holds Public Hearing
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Submits recommendation to CPC, BP (and BB)
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Can waive rights on franchise RFP’s and leases.
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BP submits recommendations to CPC or waives right to do so BB (if project affects more than one CB) may hold a public hearing and submit recommendation to CPC or waive right to do so.
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Holds Public hearing
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Approves, modifies or disapproves application.
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Files approvals and approvals with modifications with City Council.
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Disapprovals are final, except for zoning map changes, special permits, and urban renewal plans
60 Days
30 Days
60 Days
+ 60 Days
+ 90 Days
+ 150 Days
If the CPC approves applications, there could still be multiple steps to the process
Automatic Review by City Council • • • •
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Zoning Map changes Zoning text changes (non-ULURP) Housing and Urban Renewal plans Deposition of residential buildings (except to non-profit companies for lowincome housing) 197-a plans
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Can review application, hold a public hearing, and vote to approve, approve with modifications, or disapprove Refers any proposed modifications to CPC for an additional 15-day review If Council does not act (or does not assume jurisdiction on items it must elect to review), CPC decision is final.
1. CB recommended disapproval 2. BP recommended disapproval 3. BP files objection with Council and CPC within 5 days of CPC approval
City Council may elect to review • •
City Map changes Maps of subdivisions or plattings CPC Special permits Revocable consents, franchise RFP’s, and major concessions Non-City public improvements Landfills Disposition of commercial or vacant property Disposition of residential buildings to nonprofit companies for low income housing Acquisition of real property
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City Council •
“Triple NO” : Automatic Review by council of items in elective list (below), if:
Action requires majority vote Must assume jurisdiction within 20 days. Action requires majority vote. 50 days
Mayor • • •
Reviews application May veto Council’s action If Council does not act (or does not assume jurisdic- tion on items it must elect to review), may veto CPC’s action
5 days
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City Council •
May override Mayor’s decision by 2/3rd votes
10 days
If the CPC disapproves applications, all items are defeated except these • •
• •
SPECIAL PERMITS, if Mayor certifies as necessary ZONING MAP AND TEXT CHANGES, if Mayor certifies as necessary 197-a PLANS, if Mayor requests approval** URBAN RENEWAL PLANS, Per State Law
Action requires 2/3rd vote. Action is final 50 days •
URBAN RENEWAL PLANS, Per State Law
Action requires 3/4 vote. Action is final.
Law and timetable to be revised.
Community Board’s Role and actions defined by ULURP rules Should hold a public hearing and submit recommendations within 60 days: A Community Board is required to hold a public hearing, within sixty days after it receives a complete application referred by the Department of City Planning, the Board of Standards and Appeals or the Commission, and submit its recommendation concerning such application. May ask for Waivers of Hearings and Recommendations: The Community Boards can request a waiver in certain cases, in which case the 60 day clock ends and Borough President’s time period begins. •
Waivers regarding matters of leases: In the case of a proposed lease of property of the City which in the judgment of the community board does not involve a substantial land use interest, such board may waive the holding of a public hearing and preparation of a written recommendation.
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Waivers regarding Franchises: Similar to above, In the case of Request for Proposal or other solicitation for a franchise, the Community Board can rewuest for a waiver to hold a public hearing and write a recommnedation.
May request hearings for applications pouside the district: On the other hand, a Community Board can also request a Review of Action for an application not in its own Community District.
Besides these, the provisions also lay out rules about notice and conduct of public hearings by Community Boards, summarized on the next page.
Rules about notice and conduct of a public hearing for ULURP Notice of the time, place and subject of a public hearing on an application shall be given as follows:
1 publishing in The City Record The City Record is official journal of New York City. The notice has to published for 5 days of publication immediately preceding and including the date of public hearing.
2 publishing in City Planning calendar distributed not less than 5 calendar days prior to date of public hearing. According to the CPC calendar, calendars containing CB meeting notices are available in Calendar Information Office, 31st Floor, 120 Broadway, New York, N.Y. 10271
3 Notifying the applicant CB sall notify the applicant 10 days prior to the hearing, with such notice also forwaded to the DCP.
4 for acquisitions, applicant must notify owners Notifying the applicant 10 days prior to the hearing with such notice also forwaded to the DCP.
5 Publicizing hearings CBs are encouraged to publicize hearing by publication in local newspapers and other appropriate means.
The Charter also lays out the Rules of Conduct for a public hearing for an ULURP application
1 Location: chosen by board, within the district Hearing should be at a convenient place of public assembly chosen by board and located within community district. If such a suitable place isn’t available, the meeting can take place in a centrally located place of public assembly in the borough
2 Character: should be Legislative type hearings A community board hearing shall be conducted in accordance with by-laws adopted by the community board. Hearings shall be legislative type hearings, without sworn testimony or strict rules of evidence.
3 Quorum: should be atleast 20% A public hearing shall require a quorum of 20% of the appointed members of the community board, but in no event fewer than seven such members. The minute of meeting shall include a record of individual members.
4 Record of the meeting Record should include speaker’s name and affiliations, a notation of each speaker’s indiaction, their sopport or opposition to the application and any exhibits or written statements offered by applicants.
Deciding on an ULURP application: There are certain rules to the decide on a recommendation or ask for a waiver, to write and submit such decision
1 Majority of board members should be present The adoption of a recommendation, or the waiver of a public hearing and recommendation, shall require a quorum of a majority of the appointed members of the board. The minutes of the meeting shall record the individual members present.
2 Decision should be made by Public Vote The adoption of a recommendation or the waiver shall be by a public vote which results in approval by a majority of the appointed members present during the presence of a quorum, at a duly called meeting. The vote shall be taken in accordance with the by-laws of the community board
3 Drafting the decision A recommendation shall be in writing via a form provided by the DCP and shall include a description of the application, the time and place of the public hearing and of the meeting at which the recommendation was adopted and the vote by which the recommendation was adopted.
4 Submitting the Board’s decision: A community board shall submit its recommendation or waiver promptly after adoption, to the Commission, to the Borough President and to the applicant
Important ULURP cases reviewed by CB10
Zoning
Special Permits
1 Special Permit to reduce number of required parking spaces Case of 9201 - 5th Avenue, the KFC Site Date: 18th May 2020
Context: A 3 story mixed use building, with a cellar and 2nd and 3rd floors as community facility (medical/professional) space was proposed on the site. While the zoning required 50 parking spaces as per site area and use, the developer filed a Special Permit, requesting the city to reduce the number of parking spaces to 6. The meeting is summarized below. Would the reduction in number of mandatory parking spaces impact the traffic conditions around? Committee members noted that reduction in parking spaces would cause an increase in cars looking for on-street parking. Pointing to various traffic issues in the area, they asked several questions to the developer, such as: Will there be parking for patrons or the 6 parking spaces would be used by doctors and their staff? Some committee members noted that many patients use private cars for medical appointments. To which the representative cleared that spaces would likely be for doctors and staff. Committee pointed out that reduction in spaces will affect the visitors, and in turn traffic conditions in the area. Where will the access to these spaces located? Committee saw the 92nd street as problematic due to issues of congestion and asked if developer would consider an interior drop-off or drive thru.1 Hearing the concerns, the representative said he would take the concerns back to the developer, and a follow-up meeting for a later date was proposed.
2 Special Permit application to enlarge a single-family residence Case of 8033 Shore Road Date: 20 March 2017
Context: Applicant seek enlargement of a single-family residence located in R2 zoning district under section 73-621 of the Zoning Resolution.The ZALUC members discussed around following points: Does the enlargement pose adverse effect on local neighbors? Does it cause an increase in front, side or rear yards? How does the applicant plan to modify height of property (question by a resident) ? Through these questions the Zoning and Land-Use commitee members made sure the proposed enlargement did not affect the quality of life of the immediate neighbors. Although the members and one neighbor had concerns regarding height, they passed the project, as heights were decided as-of-right and were not something that Special Permit application sought changes to . Heights in R2 districts are decided by sky exposure plane, and attics are not counted in gross floor area, therefore permitting some variations in heights of houses.
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Text Change Application
A zoning text change is different from a zoning map ammendment. Zoning text ammendments have a citywide effect wherever the zoning districts impacted by the changes are present, whereas zoning map ammendments only impact the particular areas in a city, where such a change (usually a zoning district change) is proposed.
‘Zoning Text Amendments are changes to the text of the New York City Zoning Resolution. Text Amendments do not require the Uniform Land Use Review Procedure, however, in practice; the Department of City Planning refers Zoning Text Amendments to the Community Board for review.’ -NYC Department of City Planning Website
1 Case Study: M1 Hotel Text Ammendment Growing tourism in New York City, combined with an availability of suitable sites in M-1 districts around the city, was leading to an increase in as-of-right hotel developments in industrial centres around the city. In Novemebr 2015, the NYC Department of City Planning proposed a Zoning Text Ammendment, to require a City Planning Council’s Special Permit for any such hotel development in M-1 district. In other words, the proposal demanded that no hotel would be developed as-ofright in M-1 districts, and would require a Special Permit through the standard ULURP process. This case-by-case scrutiny, was inteneded to prevent odd mix of uses alongside each other, as well as to ensure sufficient sites were present in the city for industrial, commercial and institutional growth. On December 20, 2018, the City Council adopted the zoning text ammendment after a three year long discussion.
2 Discussion regarding Special Bay Ridge District’s text Date 12th September 2018
Similar to the previous, citywide zoning text ammendment, the Community Board is discussing to ammend the Special Bay Ridge District, to require a special permit for hotels to open in the district. The Committee and District Office have been communicating with Dept of City Planning about the process required to amend the Special Bay Ridge District text, so that any hotels/motels would only be allowed through special permits in the area, and not as-of-right.