Hudson Yards Follow-up Text Amendments
On February 11, 2008, the City Planning Commission referred a zoning text change application (N 080184 ZRM) submitted by the Department of City Planning relating to the Special Hudson Yards and Special Clinton Districts.
The original application (N 080184 ZRM) for the text change included 13 items encompassing use and bulk regulations, location of subway entrances, treatment of floor area related to transit easements and procedural and administrative processes for bonus and floor area transfer provisions for these special districts. In response to concerns raised during the public review relating to the theater bonus additional consideration was required with respect to the aspect of the proposal relating to the theater bonus in Subarea 2 of the 42nd Street Perimeter Area of the Special Clinton District (Section 96-25) and so, on June 20, 2008, the application was split into two parts (N 080184 ZRM and N 080184 (A) ZRM). This allowed the other 12 items to proceed (N 080184 (A) ZRM) while permitting further review and discussion of the theater bonus.
On July 2, 2008, the City Planning Commission approved application N 080184 ZRM (A) with modifications. The Commission modified the proposed text by changing Map 2 in Appendix A to ensure that the glazing and transparency requirements remain in effect for certain lots bordering the Mid-Block Park that will no longer have a retail requirement. Also, the Commission modified the proposed text to ensure that a building bordering the Park that is allowed to temporarily waive the glazing requirements would be required to comply with the glazing requirement six months after the demolition of the adjacent building in the Park.
The Commission also modified the text by adding language relating to transferable development rights so that the Commissioner of Buildings may issue a permit for a building that is not utilizing such rights while not excluding such building from subsequently filing for a permit that utilizes such rights.
Finally, to ensure that the recesses do not affect street walls at grade, the Commission modified the text so that recesses would not be allowed lower than the second story or 30 feet, whichever is higher. This modification would provide design flexibility to allow a variety of street wall designs.
Read the CPC Report (N 080184(A) ZRM)
On September 4, 2008, the City Council approved the proposed text amendments with the following modifications relating to the Special Hudson Yards District:
The Council modified the proposed text so that recesses would be allowed not any lower than 50 feet for buildings in Subdistrict D on 10th Avenue and 60 feet for buildings in Subdistrict C on 34th Street.
The Council also modified the proposed text relating to the District Improvement Bonus to mandate that applicants for as-of-right building permits for lots eligible for the bonus must inform the Chair of the City Planning Commission of their intent to file or not to file an application for the Bonus or, alternatively, to simply apply for the Bonus. The Chair would then inform the Commissioner of Buildings of such information. The modified text also requires that copies of the letters be sent to the local Community Board and the local City Councilmember.
View the adopted Zoning Text Amendment (N 080184 (A) ZRM)
Special Clinton District Text Amendments
After further review relating to the theater bonus in Subarea 2 of the 42nd Street Perimeter Area of the Special Clinton District (Section 96-25), the Department submitted a modified application (N 080184(B) ZRM) on October 20, 2008 which was referred to Community Board 4 and the Manhattan Borough President. The Commission held a public hearing on the application on November 19, 2008 and on December 17, 2008 approved the proposed text with modifications.
The proposed text, among other things, would:
- Expand the types of performance spaces that may generate the theater bonus,
- Limit the size of and prohibit adult uses in the performance spaces,
- Create a role for the Commissioner of the Department of Cultural Affairs (DCA) to advise the Chair of the Commission as to the qualifications of the operator and the sufficiency of the performance space,
- Clarify the Special Clinton District map to show where the theater bonus applies, and
- Create an alternative method of obtaining the temporary certificates of occupancy for the bonused space (other than substantial completion of the theater space).
The Commission made the following modifications to the text:
- To require a referral to Community Board 4, the local Council Member and the Borough President of any application for the Clinton District theater bonus, for a period of forty-five days,
- To require, in the event of a change of operator of the performance space, that the plan and program and other aspects of the change be referred to Community Board 4 for information prior to the Commissioner of DCA advising the Chair as to the new proposed operator and any substantial renovation, if applicable,
- That the preliminary design plans for a performance space provided to DCA for review include details regarding core, shell, structural, and mechanical systems only as necessary for DCA to determine that the performance space will operate efficiently; and
- That the requirement that applicant and the prospective theater operator enter into a five-year lease does not apply in the event that applicant proposes to transfer ownership of the theater under the alternate method of obtaining the temporary certificates of occupancy (see last bullet in previous paragraph).
Read the CPC Report (N 080184(B) ZRM)
On January 28, 2009, the City Council approved the proposed text amendments without modifications and the changes are now in effect.
View the adopted Zoning Text Amendment (N 080184 (B) ZRM)
For more information on the Special Clinton District and related land-use actions, contact the Manhattan Office of the Department of City Planning at (212) 720-3480.