74-74 Large-Scale General Development

For large-scale general developments involving several zoning lots but planned as a unit, the district regulations may impose unnecessary rigidities and thereby prevent achievement of the best possible site plan within the overall density and bulk controls. The regulations of this Section are designed to allow greater flexibility for the purpose of securing better site planning, while safeguarding the present or future use and development of the surrounding area.

No portion of a large-scale general development shall contain:

(a)        any use not permitted by the applicable district regulations for such portion, except as otherwise provided in Section 74-744 (Modification of use regulations). When an existing building in a large-scale general development is occupied by a non-conforming use, any enlargement of such existing building shall be subject to the requirements set forth in Section 52-00 (DEFINITIONS AND GENERAL PROVISIONS);

(b)        any zoning lot, or portion thereof, that is part of a large-scale residential development or large-scale community facility development.

An application to the City Planning Commission for the grant of a special permit pursuant to Section 74-74 for a large-scale general development shall include a site plan showing the boundaries of the large-scale general development and the proposed location and use of all buildings or other structures on each zoning lot comprising the large-scale general development.

However, for applications proceeding pursuant to the ownership provisions of paragraph (e) of Section 74-742, such site plan need only show the applicable portion of the large-scale general development as set forth in paragraph (e)(1) or (e)(2) of Section 74-742.

Except as otherwise provided in this Section, any large-scale general development for which application is made for a special permit in accordance with the provisions of Section 74-74 (Large- scale General Development) shall be on a tract of land which at the time of application is all under the control of the applicant(s) as the owner(s) or holder(s) of a written option to purchase. No special permit shall be granted unless the applicant(s) acquired actual ownership (single fee ownership or alternate ownership arrangements according to the zoning lot definition in Section 12-10 (DEFINITIONS) for all zoning lots comprising the large-scale general development) of, or executed a binding sales contract for, all of the property comprising such tract.

When a large-scale general development is located within a designated urban renewal area, the City's urban renewal agency, or a person authorized by such agency, may apply for and be granted a special permit under the provisions of Section 74-74 even though such large-scale general development does not meet the ownership requirements set forth elsewhere in this Section. All parcels comprising such large-scale general development shall be within the designated urban renewal area and subject to the urban renewal controls set forth in the approved urban renewal plan.

A special permit may be applied for and granted under the provisions of Section 74-74, even though such large-scale general development does not meet the ownership requirements set forth elsewhere in this Section, when the site of such large-scale general development is:

(a)        to be developed or enlarged through assemblage by any other governmental agency, or its agent, having the power of condemnation; or

(b)        owned by the Federal government and is within Brooklyn Community District 2; or

(c)        partially under City ownership, within the former Washington Square Southeast Urban Renewal Area, within Community District 2 in the Borough of Manhattan, provided that the exception to the ownership requirements set forth herein shall apply only to tracts of land in City ownership; or

(d)        partially under State or City ownership, or may include a tract of land under private ownership that is located within the bed of 26th Avenue between 1st Street and the bulkhead line within the Hallets Point Peninsula, in the area bounded by 8th Street and Vernon Boulevard on the east, the East River on the west and south, and the north side of 26th Avenue on the north, in Community District 1 in the Borough of Queens, provided that the exception to the ownership requirements set forth herein shall apply only to:

(1)        tracts of land in State or City ownership; or

(2)        a tract of land in private ownership located within the bed of 26th Avenue, between 1st Street and the bulkhead line; or

(e)        within Manhattan Community District 2, where the City Planning Commission has approved a special permit under Section 74-74 for a large-scale general development located partially within a C2-7 District, and a portion of such large-scale general development is subsequently mapped as a park and transferred to City ownership, then the consent or authorization of any owner or party in interest to:

(1)        such public park shall not be required for any application for a modification to the special permit or associated restrictive declaration relating only to property within the large-scale general development other than the public park; and

(2)        property other than the public park shall not be required for any application for a modification to the special permit or associated restrictive declaration relating only to the public park.

However, the consent or authorization of the owners and any party in interest to the other property shall be required if the proposed modification would impose an additional obligation or increase the degree of an obligation existing as of the date of the application for the modification on any such owner or any such party in interest.