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Projects & Proposals > Brooklyn > Bedford-Stuyvesant North Printer Friendly Version
Bedford-Stuyvesant North Rezoning - Approved!
Proposed Zoning
Overview | Existing Context and Zoning | Proposed Zoning | Public Review

Proposed Zoning  Map
Proposed Zoning Map
PDF Document View a larger image.

The proposed actions would affect approximately 5,911 lots on 140 blocks. The proposed rezoning would replace all or portions of existing R5, R6, C4-3, and C8-2 districts with R6B, R6A, R7A, and R7D districts, and the newly-proposed C4-4L district. It would also replace existing C1-2 and C1-3 overlays with C2-4 overlays, eliminate portions of existing C1-2 and C1-3 overlays, and establish new C2-4 overlays. The proposal would also establish new Inclusionary Housing Areas and a new Enhanced Commercial District. The newly-proposed C4-4L zoning district is tailored to the context of streets with an elevated train. PDF Document View the zoning comparison chart.



Proposed R6B
Existing R5 and R6

Rowhouses on Greene Avenue
Rowhouses on Greene Avenue
R6B districts are proposed for 94 full and partial blocks of the rezoning area. This would protect the modestly-scaled rowhouse character of the east-west side streets. In the areas currently zoned R5, the R6B designation would allow for minor enlargements and new development in context with existing four-story rowhouses. In portions of the area currently zoned R6, the R6B designation would allow for modest enlargements of many existing homes while establishing a height limit that reflects the scale of existing development.

R6B districts are proposed for medium-density midblocks throughout the rezoning area, as well as portions of north-south corridors where the existing built character is consistent with R6B, such as Skillman Street, Spencer Street, Marcy Avenue south of Lafayette Avenue, Throop Avenue south of Kosciuszko Street, and Lewis Avenue south of Kosciuszko Street.

The R6B district is a rowhouse district that allows a maximum FAR of 2.0 and limits overall building height to 50 feet and street wall height to 40 feet.  New development in the proposed R6B district would be required to line up with adjacent structures to maintain the existing street wall.  The proposed R6B regulations would allow for limited expansion of existing homes and provide for opportunities for appropriately scaled new development on vacant sites.

Proposed R6A
Existing R5, R6, and C8-2 districts

Dekalb Avenue at Throop Avenue
Dekalb Avenue at Throop Avenue
R6A districts are proposed for 83 full or partial blocks of the rezoning area. An R6A designation is proposed for lot frontages along the many of north/south avenues, including portions of Kent Avenue, Nostrand Avenue, Marcy Avenue, Tomkins Avenue, Throop Avenue, Marcus Garvey Boulevard, Stuyvesant Avenue, Malcolm X Boulevard, Patchen Avenue, and Ralph Avenue.  The majority of these blocks are currently zoned R6 and R5 with commercial overlays of either C1-3 or C2-3, with some areas currently zoned C8-2.

R6A is a medium-density apartment district, with a maximum FAR of 3.0 for all allowed uses.  Above a base height of 40 to 60 feet, the building must set back to a depth of 10 feet on a wide street and 15 feet on a narrow street before rising to a maximum height of 70 feet. New structures in R6A districts are required to line up with adjacent structures to maintain the streetwall. In R6A districts, the Quality Housing Program is mandatory.

Proposed R7A
Existing R6 districts

Apartment Building at Marcy and Pulaski Streets
Apartment Building at Marcy and Pulaski Streets
An R7A designation is proposed for 38 full and partial blocks. The proposed designation follows major thoroughfares, including portions of Myrtle Avenue and Marcy Avenue, and the majority of Bedford Avenue, which are currently developed with larger apartment buildings.  These areas are well-served by mass transit and function as important locations for local retail and services.

R7A is a contextual district that allows medium-density apartment buildings and community facility development, with a maximum building height of 80 feet after setting back from a 40-65 foot base. With the proposed Inclusionary Housing Program, a maximum FAR of 4.6 is allowed when 20% of the floor area is developed with affordable housing. Without the Inclusionary Housing bonus, the permitted FAR is limited to a maximum of 3.45. New residences would be required to provide one off-street parking space for 30% of the dwelling units. This parking requirement is waived if 15 or fewer spaces are required. The proposed R7A zoning in these areas will allow for new housing development, including affordable housing that is in context with the existing apartment building character. Where R7A is proposed with the C2-4 commercial overlays, it will continue to support the development of mixed residential- commercial uses.

Proposed R7D
Existing R6 districts

 Mixed Use on Myrtle and Nostrand Avenues
Mixed Use on Myrtle and Nostrand Avenues
An R7D designation is proposed for 6 full and partial blocks along Myrtle Avenue, between Nostrand Avenue and Lewis Avenue. Myrtle Avenue is a major transit corridor with stations for the J, M, Z, and G subway lines. Mapping R7D in this area along with the proposed C2-4 commercial overlay (see C2-4 section below) will provide opportunities for housing development, including affordable housing, and strengthen Myrtle Avenue as a retail and service corridor.

R7D allows medium-density apartment buildings, with a base FAR of up to 4.2 for all allowed uses.  The R7D district would be subject to the Inclusionary Housing program, where developers could receive a 33% floor area bonus, allowing a total of up to 5.6 FAR, if 20% of the floor area is developed as affordable housing.  New structures in R7D districts are required to line up with adjacent structures to maintain the streetwall.  Above a base height of 60 to 85 feet, the building must set back to a depth of 10 feet on a wide street and 15 feet on a narrow street before rising to its maximum height of 100 feet. In addition, where commercial overlays are mapped, active ground floor uses are required, and the related zoning text amendment would also require transparency on the ground floor (see below).

The zoning text amendment to permit an Inclusionary Housing bonus in this area incentivizes the development and preservation of affordable housing. Developments in all proposed R7D districts within the Inclusionary Housing areas would have a maximum FAR of 4.2, or 5.6 with the provision of affordable housing. The related zoning text amendment would also apply minimum transparency requirements for the ground floor of buildings in R7D districts with commercial overlays in order to create consistent and engaging pedestrian commercial appeal.

Proposed New Zoning District: C4-4L
Existing R6, C8-2, and C4-3 districts

C4-4L massing
C4-4L massing
A C4-4L designation is proposed for 18 full and partial blocks along Broadway.  This district would encompass the existing C4-3 district and portions of the existing C8-2 districts, as well as R6 districts with C2-3 overlays on Broadway.  The area proposed to be zoned C4-4L is generally bounded by Broadway in the northeast, between Marcus Garvey Boulevard in the north and Monroe Street to the south.  The western boundary of the district encompasses all or part of the blocks fronting on Broadway.  (PDF Document see C4-4L zoning table)

The proposed new C4-4L district is tailored for significant commercial corridors with elevated trains, similar to Broadway. The designation represents a contextual, regional commercial district that allows residential development at an R7A density, as well as mixed commercial/residential, community facility/residential, and community facility/commercial buildings. Use Groups 1, 2, 3, 4, 5, 6, 8, 9, 10 and 12 are permitted.  Commercial and community facility development is limited to a maximum FAR of 4.0, while residential development is limited to 4.6 FAR when using the Inclusionary Housing bonus and 3.45 FAR when not using the Inclusionary Housing program.  The proposed C4-4L district would allow for a wider range of uses than the existing C2-3 commercial overlays and provide more flexibility in mixed-use building design because commercial use may be located on multiple floors of a mixed-use building.

While the maximum FAR regulations described above would remain consistent throughout the district, the proposed C4-4L district would allow two distinct building types depending on the location in relation to elevated train tracks:

  • For lots not fronting on the elevated train, the proposed C4-4L district applies the height and setback regulations of a C4-4A district, requiring a street wall between 40’ and 65’ high and allowing a maximum building height of 80’. 

  • For lots fronting on the elevated train and within 125 feet of the streetline adjacent to the elevated train, buildings would be required to set back five feet from the streetline adjacent to the elevated train at the ground floor, and allowed to rise to a maximum  height of 100’ or ten stories, with a minimum base height of 30’ and a maximum base height of 65’. Above the base height, buildings would be required to set back at least 15’. Certain corner lots and through lots, depending on size and configuration, would also be subject to more generous lot coverage maximums, and some through lots would be permitted to waive the required rear yard equivalent. 

The zoning text amendment to permit an Inclusionary Housing bonus in this area incentivizes the development and preservation of affordable housing. Residential developments in all proposed C4-4L districts within the Inclusionary Housing areas would have a minimum base FAR of 3.45 that could be increased up to 4.6 with the provision of affordable housing.

Proposed C2-4 Overlays
Existing C1-3 and C2-3 districts in R5, R6, and C8-2 districts.

Rowhouses on Greene Avenue
Rowhouses on Greene Avenue
The proposed rezoning would change all C1-3 and C2-3 commercial overlay districts to C2-4 districts in order to increase the range of uses allowed.  In addition to Use Groups 1, 2, 3, 4, 5, and 6 allowed in C1-3 districts, C2-4 districts also allow Use Groups 7, 8, 9, and 14, which include uses such as plumbing and electrical shops, small bowling alleys and movie theaters, funeral homes, small repair shops, printers, and caterers.

This proposal would map commercial overlays to a depth of 100’ to reflect the typical depth of existing lots along these corridors and to prevent commercial uses from encroaching on residential side streets.

Existing overlays would be replaced with C2-4 overlays where there are commercial uses and where the overlay districts do not encroach on residential areas. On block frontages where there are no commercial uses or the block frontages are predominately residential, overlays would be removed. On other blocks, where there are existing commercial uses or formerly occupied commercial spaces, or the majority of the lots front on the avenue, new commercial overlays would be mapped.



Proposed Text Amendments
Zoning text amendments are proposed to incentivize the creation and preservation of affordable housing through the Inclusionary Housing Program; strengthen commercial character of Broadway by establishing an Enhanced Commercial District; allow development on Broadway to respond to the elevated train with the creation of the new C4-4L zoning district; and improve the pedestrian experience in R7D, R9D and C4-5D districts by requiring transparency on the ground floor.  

Inclusionary Housing Area

Proposed Inclusionary Housing Areas Map
Proposed Inclusionary Housing Areas Map - PDF Document View a larger image.
The proposed zoning text amendment would apply the Inclusionary Housing program within the R7A, R7D, and C4-4L districts along Myrtle Avenue, Bedford Avenue, Marcy Avenue, and Broadway in Brooklyn Community District 3 to establish incentives for the creation and preservation of affordable housing in conjunction with new development. For residential development without an affordable housing component, the maximum FAR would be limited to a base FAR of 3.45 for R7A and C4-4L districts, and 4.2 for R7D districts (PDF Document Inclusionary Housing table). Under the Inclusionary Housing program, a development providing affordable housing is eligible for a floor area bonus within the underlying contextual height and bulk regulations. Developments could qualify for a maximum FAR of 4.6 in R7A and C4-4L districts and 5.6 in R7D districts by providing 20 percent of the residential floor area in the development as permanently affordable housing for income-limited households. Affordable units can be provided either on-site or off-site. Off-site affordable units must be located within Community District 3 or within a half-mile of the site receiving the floor-area bonus. Other city, state and federal housing finance programs may be used to provide further assistance in creation of affordable units. The combination of a zoning bonus with housing programs would establish a powerful incentive for the development and preservation of affordable housing in Bedford-Stuyvesant.

New Contextual C4-4L Zoning District

The Department of City Planning proposes a Zoning Text Amendment to establish a new citywide C4-4L regional commercial zoning district for medium-density residential and commercial development along major retail or transit corridors where elevated train tracks are present.

The new C4-4L zoning district would allow the same use groups as a C4-4A district, and would allow commercial use on multiple floors of mixed-use buildings.   However, the C4-4L district would include special height and setback, and lot coverage regulations tailored to allow more light and air to the street and to facilitate the provision of affordable housing through the Inclusionary Housing Program for new buildings in close proximity to an elevated rail line (see “Inclusionary Housing Program” below).  Along Broadway, the proposed new C4-4L district would also be paired with a new Enhanced Commercial District (below), pursuant to the other proposed Zoning Text amendment.  The new Enhanced Commercial District would establish ground-floor use requirements and urban design regulations to e the continuation of the range and configuration of uses on Broadway today and support the strengthening of the commercial character by improving the pedestrian experience and fostering a lively streetscape.

The proposed C4-4L district would allow buildings with a maximum building height of 80 feet after a 40-65 foot base, except for lots fronting on the elevated rail line. For lots fronting on an elevated rail line, special height and setback regulations are proposed that would allow buildings to rise to a maximum height of ten stories or 100 feet within 125 feet of the elevated rail line. New developments and enlargements at the streetline would be required to be set back five feet from the streetline at the ground floor, and another 15 feet above the building base between 30 and 65 feet. This would ensure adequate sidewalk width for pedestrians around subway pillars and stairs, provide increased light and air at the street level and allow buildings to locate upper floors at an adequate distance from the elevated train tracks. To allow for economically feasible development of irregular lots as a result of the acute angle of Broadway, certain corner lots and through-lots would also be subject to more flexible lot coverage maximums, and some through-lots would be permitted to waive the required rear yard equivalent.

Streetwall Transparency in R7D and C4-5D districts

The Department of City Planning proposes a citywide zoning text amendment to require transparency on the ground floor in R7D districts mapped with a C2 commercial overlay. The proposed transparency regulations would also apply to R9D districts mapped in conjunction with a C2 district, and in C4-5D districts. This proposal would affect currently mapped R7D zoning districts in Brooklyn Community District 3, and C4-5D zoning districts currently mapped in Bronx Community District 7. This new requirement would complement the existing ground-floor use provisions for these zoning districts designed to strengthen the commercial character by prohibiting residential and parking use. Providing ample transparency at the ground floor would enliven the streetscape by engaging pedestrians and creating visual continuity along a street. Large expanses of blank wall that interrupt retail continuity would be prohibited.

The proposed regulations would require that 50 percent of the building frontage on the ground floor between a height of 2 and 12 feet above curb level be glazed with transparent materials.

Enhanced Commercial District

Proposed Enhanced Commercial District Map
Proposed Enhanced Commercial District Map - PDF Document View a larger image.
The Department of City Planning is proposing a new Enhanced Commercial District for Broadway that would foster a safe and engaging pedestrian experience along that commercial corridor and reinforce the existing commercial character of the area by establishing regulations governing ground floor use, transparency on the ground floor on Broadway, and limiting curb cuts. The proposed regulations would apply to new development and enlargements at the streetline, but would not apply to schools, churches, or lots less than 20 feet wide.

The proposed ground floor use regulations would require that all ground floor uses fronting on Broadway, or within 30 feet of Broadway be non-residential, such as retail establishments, offices and community facilities. Off-street parking would also not be permitted within 30 feet of Broadway, and residential lobbies on Broadway would be limited to a maximum width of 25 feet.

New developments and enlargements would be required to provide glazing or other transparent treatment at the ground floor facing Broadway. A minimum of 50 percent of the area between 2 and 12 feet above curb level would be required to be transparent, with no blank walls to exceed more than ten feet.

New curb cuts and driveways would not be permitted along Broadway, except for lots that do not have access to another street and are at least 60 feet wide to prevent pedestrian-vehicle conflicts and strengthen the continuity of active uses along Broadway.

The proposed Enhanced Commercial District regulations would ensure that new development in C4-4L districts along Broadway would have active ground floor uses and ample windows to enhance the pedestrian experience and foster the creation of a lively streetscape with plenty of community facility, retail, and service establishments.

(E) Designations

The proposed action includes the mapping of (E) designations for air quality and noise assessment, and if necessary, remediation on all of the identified development sites within the proposed rezoning areas. An (E) designation would be placed on the amended zoning map to denote certain privately-owned projected or potential development parcels where the proposed rezoning could result in new development that has the potential for impacts on noise and/or air quality. The (E) designations would ensure that these identified sites would not be developed without further assessment and remedial measures, such as use of cleaner fuels or high-quality windows, if necessary. In this way, significant impact can be avoided.



 

Overview | Existing Context and Zoning | Proposed Zoning | Public Review

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