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Projects & Proposals > Brooklyn > Brighton Beach Printer Friendly Version
Brighton Beach Rezoning - Withdrawn
Proposed Zoning
Overview | Existing Context and Zoning | Proposed Zoning | Public Review


The proposed action would map lower density and contextual zoning districts at densities reflective of the existing neighborhood character with height limits that would prevent future out-of-scale development.  Zoning text changes are also proposed to accomplish the goals of the rezoning. PDF Document View the zoning comparison chart.

This rezoning proposal seeks to:

  • Prevent future out-of-scale development;
  • Establish finely-tailored regulations for the bungalow area;
  • Reinforce neighborhood commercial corridors;
  • Provide opportunities for housing development and incentives for creation and preservation of affordable housing.

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


The existing R6 zoning district would be replaced by R4A, R5, and R5D districts in the lower-density residential portions of the neighborhood, while R7A is proposed for more densely-built residential areas, wide streets, and commercial corridors.  A C4-4A (R7A equivalent) commercial district is proposed for the Brighton Beach Avenue corridor between Ocean Parkway and Coney Island Avenue, and C2-4 commercial overlays are proposed for much of Coney Island Avenue, Brighton Beach Avenue east of Coney Island Avenue, and Neptune Avenue.  In conjunction with this rezoning, the related zoning text amendment would make the Inclusionary Housing regulations applicable in the proposed for the C4-4A district and R7A districts to promote the creation of affordable housing.  The proposal also includes zoning map and zoning text changes to the Special Ocean Parkway District (OP).  A zoning map change extending the southern boundary of the OP is proposed to include both sides of Brighton Beach Avenue between Ocean Parkway and Coney Island Avenue.  The text changes create two new sub-districts (Subdistrics B and C) that would apply finely-tailored urban design regulations to foster appropriately-scaled future development within the bungalow area; promote a lively retail streetscape along Brighton Beach Avenue and allow modification of standard bulk regulations due to proximity of the elevated train platform; and define special height and setback regulations along Ocean Parkway reflective of its unique character.

Proposed Zoning Map Changes

R4A
Typical bungalow in the proposed R4A district on Brighton 3rd Street between Ocean View Avenue and Neptune Avenue.
Typical bungalow in the proposed R4A district on Brighton 3rd Street between Ocean View Avenue and Neptune Avenue.
R4A is proposed for the bungalow area, encompassing all or part of nine blocks between Brighton Beach Avenue, Neptune Avenue, Brighton 1st Street, and Coney Island Avenue.  R4A districts allow one and two-family detached homes with a maximum FAR of 0.9, including an attic allowance, a maximum perimeter wall height  of 21 feet and  a maximum building height of 35 feet.  A front yard with a minimum depth of 10 feet and at least as deep as an adjacent front yard is required, as well as two side yards totaling at least 10 feet with a minimum individual width of 2 feet.  One off-street parking space per dwelling unit is required.  The proposed R4A district is reflective of the existing built character of the bungalows.

A new sub-district within the Special Ocean Parkway District is also proposed for the bungalow area.  To incentivize the establishment of a regular pattern of development in the bungalow area that minimizes isolation of existing homes located along the interior pedestrian lanes, the proposed sub-district would allow R5D regulations to apply to lots with a minimum depth of 70 feet and that front on a street.

R5
Typical R5 character on Brighton 11th Street between Ocean View Avenue and Cass Place.
Typical R5 character on Brighton 11th Street between Ocean View Avenue and Cass Place.
R5 is proposed for all or parts of five blocks in the rezoning area, fronting on Brighton 11th Street and Corbin Place.  All housing types are permitted in R5 districts, with a maximum FAR of 1.25 (or 1.65 under R5 Infill Zoning provisions for predominantly built-up areas), a maximum street wall height of 30 feet and a maximum building height of 40 feet.  A front yard with a minimum depth of either 10 or 18 feet is required. Detached residences require two side yards totaling 13 feet (5 foot minimum).  All other residences require one side yard of at least eight feet.  Parking spaces are required for 85 percent of dwelling units, and may be located in front of the building.

R5D
Typical character in the proposed R5D district on Brighton 7th Street between Neptune Avenue and Banner Avenue
Typical character in the proposed R5D district on Brighton 7th Street between Neptune Avenue and Banner Avenue
R5D is proposed for all or part of 27 blocks in the rezoning area, covering the low-rise residential portions of the rezoning area.  These areas are located on the narrow streets between Ocean Parkway, Brighton Beach Avenue, Neptune Avenue, and Coney Island Avenue; the rezoning area north of Neptune Avenue between Ocean Parkway and Coney Island Avenue; between Coney Island Avenue and Brighton 11th Street; and in parts of the area east of Brighton 11th Street.  R5D districts permit all housing types.  Maximum FAR for R5D development is 2.0 and there is a maximum permitted height of 40 feet, about four stories.  A front yard is required with a minimum depth of five feet and must be as deep as an adjacent front yard, and side yards totaling a minimum of eight feet are required for detached homes (one side yard of a minimum of four feet is required for semi-detached development).  Off-street parking spaces are required for 66 percent of dwelling units in a development and parking may not be waived. if more than one space is required.
R7A
Typical character in the proposed R7A district on Brighton 12th Street between Corbin Place Ocean View Avenue
Typical character in the proposed R7A district on Brighton 12th Street between Corbin Place Ocean View Avenue

R7A is proposed for all or part of 23 blocks in the study area.  Block frontages on Ocean Parkway, Neptune Avenue, Coney Island Avenue, and Brighton Beach Avenue east of Coney Island Avenue, are proposed for R7A to promote predictable development along the neighborhood's primary commercial corridors.   Additionally, several blocks in the densely-built area east of Brighton 11th Street are proposed to be rezoned to R7A.   R7A is a contextual district that allows residential and community facility buildings, with a maximum building height of 80 feet and a maximum base height of 65 feet. New residences would be required to provide one off-street parking space for 50 percent of the dwelling units.

Also proposed is a zoning text amendment to permit an Inclusionary Housing bonus in R7A districts on the wide streets and commercial corridors that would create incentives for the development and preservation of affordable housing.  In the proposed R7A, there would be a maximum base FAR of 3.45 that could be increased up to 4.6 with the provision of affordable housing. The R7A contextual height limits would apply to new developments along Brighton Beach Avenue, Coney Island Avenue, and Neptune Avenue and densely-built areas east of Brighton 11th Street, while special height and setback regulations are proposed for R7A developments on Ocean Parkway. (See Proposed Zoning Text Amendments).  

Special height and setback rules for R7A on Ocean Parkway

Special height and setback rules for R7A on Ocean Parkway



C4-4A

C4-4A is proposed for Brighton Beach Avenue between Ocean Parkway and Coney Island Avenue.  C4-4A districts are regional contextual commercial districts that allow for a wider range of uses than the existing C1-2 overlay, and provide more flexibility in mixed-use building design because commercial use may be located above the ground floor in a mixed-use building.  C4-4A districts allow residential, commercial and community facility development.  Commercial and community facility development are limited to a maximum FAR of 4.0, while residential development not using the Inclusionary Housing bonus are limited to an FAR of 3.45.  Residential developments are required to provide off-street parking spaces for 50 percent of the dwelling units.   Most general commercial uses are not required to provide off-street parking spaces in C4-4A districts.

An extension of the Special Ocean Parkway District is also proposed to be mapped for the entirety of the proposed C4-4A district.  The zoning text amendment will create a subdistrict of the SOPD with special controls relating to parking requirements, height and setback regulations, retail use, and ground-floor transparency.  Also proposed is an Inclusionary Housing bonus in the C4-4A district that would create incentives for the development and preservation of affordable housing.  For residential and mixed-use developments in the proposed C4-4A, a maximum base FAR of 3.45 that could be increased up to 4.6 with the provision of affordable housing.  Recognizing the elevated train platform, buildings could rise to a maximum height of 100 feet, on a base of 30-40 feet in height.

Special height and setback rules for C4-4A on Brighton Beach Avenue
Special height and setback rules for C4-4A on Brighton Beach Avenue


C2-4 Commercial Overlays
Neptune Avenue retail corridor at Brighton 3rd Street
Neptune Avenue retail corridor at Brighton 3rd Street
C2-4 Commercial overlays are proposed to be mapped along the neighborhood’s other commercial corridors of Neptune Avenue, Coney Island Avenue and Brighton Beach Avenue east of Coney Island Avenue where C1-3 and C1-2 overlays exist today.  In addition, new C2-4 commercial overlays are proposed for Neptune Avenue and Coney Island Avenue to allow for local retail uses where commercial uses exist today.  For general commercial uses, one off-street parking space is required for every 1000 square feet of such use.
The proposed C2-4 commercial overlay districts have the same 2.0 maximum FAR for commercial use as the existing commercial overlays, but provide for a slightly broader range of commercial retail and service uses than the existing C1 districts.

The 150 foot depth of the existing commercial overlays along much of Brighton Beach Avenue, Coney Island Avenue and Neptune Avenue would be reduced to a depth of 100 feet to protect against the location of commercial uses in the midblocks. 




Proposed Text Amendments
PDF Document View the proposed text amendment. In order to achieve the goals of the rezoning, several text amendments are proposed to the Zoning Resolution:

Inclusionary Housing Program
Proposed Inclusionary Housing Program
Proposed Inclusionary Housing Area - PDF Document View a larger image.
The Brighton Beach rezoning proposal applies the Inclusionary Housing program to the proposed R7A and C4-4A districts within the study area. The Inclusionary Housing program establishes 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 within the areas proposed to be rezoned to R7A or C4-4A would be limited to a base FAR of 3.45.  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 by providing 20 percent of the residential floor area in the development as permanently affordable housing for low- and moderate-income households. Affordable units can be provided either on-site or off-site. Off-site affordable units must be located within Community District 13 or within a half-mile of the bonused development if in a different community district. Other city, state and federal housing finance programs may be used to provide further assistance in creating 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 the Brighton Beach neighborhood.

Proposed Sub-districts within the Special Ocean Parkway District
Two new special sub-districts are proposed within the Ocean Parkway Special District.  Proposed subdistrict B encompasses the bungalow area, while proposed subdistrict C extends along the Brighton Beach Avenue commercial corridor between Ocean Parkway and Coney Island Avenue.


Subdistrict B- Bungalow Area
The proposed subdistrict B includes special regulations that reflect the bungalow area.

  • Special Regulations for Streets: In subdistrict B only public ways indicated on the proposed PDF Document Subdistrict B Street Map would qualify as streets for the purposes of zoning.

  • Optional Provisions for R5D Development: In subdistrict B, development would be allowed pursuant to R5D regulations, provided that the zoning lot has a minimum depth of 70 feet, and is located on a street as indicated in the Subdistrict B Street Map

Subdistrict C – Brighton Beach Avenue Commercial Corridor
The proposed subdistrict C seeks to protect the commercial character, enhance the streetscape on Brighton Beach Avenue and allow new development that recognizes the elevated train platform.

  • Height and Setback Provisions: New developments and enlargements would be limited to a maximum height of 100 feet above curb level and would be required to set back a minimum of 10 feet from the street line at a minimum height of 30 feet and a maximum height of 40 feet.

  • Ground-Floor Use: To promote retail continuity, new developments with frontage on Brighton Beach Avenue would be required to provide retail uses on the ground floor for a depth of at least 30 feet from the street line of Brighton Beach Avenue.  Lobbies and entrances to off-street parking facilities would be allowed to occupy a maximum of 25% of the building width, or a maximum linear width of 20 feet, whichever is less.  Off-street parking facilities may be located on the ground floor, provided that they are a minimum distance of 30 feet from the street line of Brighton Beach Avenue. 

  • Off-Street Parking and Loading: Developments on lots larger than 10,000 square feet would be required to provide off-street parking spaces for 50 percent of the dwelling units, and lots 10,000 square feet or smaller must provide parking spaces for 30 percent of the dwelling units.  This constitutes an increase over typical C4-4A requirements that require off-street parking spaces for 30 percent of the dwelling units on lots between 10,000 and 15,000 square feet.

  • Location of Access to the Street: Curb cuts would be prohibited on Brighton Beach Avenue.  If a zoning lot does not have access to a side street, a curb cut may be allowed via certification by the Chair of the City Planning Commission provided that the curb cut does not exceed 20 feet in width,and is the only possible location for access to the parking or loading facility.

  • Glazing/Transparency Requirements: On the ground floor facing Brighton Beach Avenue, windows or other transparent treatment would be required for 70% of the surface area below a height of 10 feet. 
Special Height and Setback Regulations for Ocean Parkway

New developments in the proposed R7A district on Ocean Parkway between Shore Parkway and Brighton Beach Avenue would be limited to a maximum height of 125 feet, with a minimum base height of 60 and a maximum base height of 85 feet. PDF Document View map of height and setback area.



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Brief explanations of terms in green italics can be viewed by clicking on the term. Words and phrases followed by an asterisk (*) are defined terms in the Zoning Resolution, primarily in Section 12-10. Consult the Zoning Resolution for the official and legally binding definitions of these words and phrases.
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