89-21 Transfer of Floor Area From Hudson River Park
The City Planning Commission may permit a transfer of floor area from a granting site to a receiving site, may permit distribution of total allowable floor area of a receiving site without regard for zoning district boundaries, may permit that such receiving site be treated as a single zoning lot for all purposes of this Resolution, and may modify bulk regulations, except floor area regulations, for a development, enlargement or conversion located on such receiving site. In addition, for receiving sites within Area B2 on the maps in the Appendix to this Chapter, the Commission may exempt floor space from the definition of floor area in a building that contains an ambulance station and may increase the maximum number of accessory off-street parking spaces permitted for such station.
(a) Application requirements
All applications for a special permit pursuant to this Section shall include the following:
(1) a survey of the granting site illustrating existing buildings to remain on the granting site and zoning calculations indicating the floor area on the granting site and within such buildings;
(2) a survey of the receiving site and a site plan illustrating the proposed development, enlargement or conversion on such lot, and associated zoning calculations demonstrating compliance with the conditions and limitations set forth in this special permit;
(3) drawings that illustrate any proposed bulk modifications for the proposed development, enlargement or conversion on the receiving site; and
(4) a statement from the Hudson River Park Trust identifying improvements to be made to Hudson River Park, and indicating that payment of the required funds necessary to effectuate the transfer of floor area pursuant to this Section, in combination with any other available funding, would be sufficient, according to the Trust's estimate, to complete such identified improvements.
(b) Conditions and limitations
All applications for a special permit pursuant to this Section shall comply with the following conditions:
(1) the maximum floor area that may be transferred from the granting site shall be the maximum floor area permitted for the granting site under the applicable district regulations if it were undeveloped, less the floor area of all buildings on such granting site;
(2) the increase in floor area on the receiving site allowed by the transfer of floor area to such receiving site shall in no event exceed 20 percent of the maximum floor area permitted on such receiving site by the underlying district;
(3) the transfer, once completed, shall irrevocably reduce the amount of floor area that can be utilized by the granting site by the amount of floor area transferred;
(4) the granting site and location of identified improvements to be made to the Hudson River Park in connection with the proposed transfer of floor area are located in the same Community District as the receiving site;
(5) if the proposed development, enlargement or conversion on the receiving site includes residential floor area, it shall provide affordable housing in accordance with Section 23-90 (INCLUSIONARY HOUSING);
(6) for the receiving site within Area A2 on the map in the Appendix to this Chapter:
(i) the portion of the receiving site located over West Houston Street shall not generate floor area for the proposed special permit development, and no floor area shall be located directly above West Houston Street;
(ii) the height and setback requirements of the applicable district shall apply to the portions of the receiving site located on each side of the mapped street lines of West Houston Street; and
(7) no more than 200,000 square feet of floor area, in the aggregate, shall be transferred to receiving sites located within the boundaries of Manhattan Community District 2.
The Commission may grant the transfer of floor area and any associated bulk modifications, provided that:
(1) such transfer of floor area will facilitate the repair, rehabilitation, maintenance and development of Hudson River Park, including its piers, bulkheads and infrastructure;
(2) the transfer of floor area will support the completion of improvements to Hudson River Park as identified in the statement submitted to the Commission by the Trust as part of this application; and
(3) for the receiving site:
(i) the proposed configuration and design of buildings, including any associated structures and open areas, will result in a superior site plan, and such buildings and open areas will relate harmoniously with one another and with adjacent buildings and open areas;
(ii) the location and quantity of the proposed mix of uses will complement the site plan;
(iii) the proposed transfer of floor area and any modification to bulk regulations will not unduly increase the bulk of any building on the receiving site or unduly obstruct access of adequate light and air to the detriment of the occupants or users of buildings on the block or nearby blocks, or of people using the public streets and other public spaces;
(iv) such transferred floor area and any proposed modifications to bulk are appropriate in relation to the identified improvements to Hudson River Park;
(v) any affordable housing, as defined in Section 23-90 (INCLUSIONARY HOUSING), that is provided as part of the project will support the objectives of the Inclusionary Housing Program; and
(vi) the Commission, in consultation with the Fire Department, determines that the amount of proposed floor space and the number of proposed parking spaces in such ambulance station is reasonable in order to provide a necessary service to the surrounding area.
(d) Additional requirements
The City Planning Commission shall receive a copy of a transfer instrument legally sufficient in both form and content to effect such a transfer of floor area. Notices of the restriction upon further development, enlargement or conversion of the granting site and the receiving site shall be filed by the owners of the respective zoning lots in the Office of the Register of the City of New York (County of New York). Proof of recordation of the notices shall be submitted to the Chairperson of the City Planning Commission, in a form acceptable to the Chairperson.
Both the transfer instrument and the notices of restriction shall specify the total amount of floor area transferred and shall specify, by lot and block numbers, the granting site and the receiving site that are a party to such transfer.
On a receiving site, for any development, enlargement or conversion that is the subject of a special permit granted by the Commission pursuant to this Section, the Department of Buildings shall not:
(1) issue a building permit until the Chairperson has certified that the owner of the receiving site and the Hudson River Park Trust have jointly executed a Purchase and Sale Agreement for the amount of the required funds, specified in paragraph (a)(4) of this Section, associated with the transfer of floor area, and that all of such required funds have either been irrevocably paid to Hudson River Park Trust or will be paid in accordance with a payment schedule and secured by a cash equivalent, such as a letter of credit, in accordance with such Purchase and Sale Agreement; or
(2) issue a temporary or final certificate of occupancy until the Chairperson has certified that the Hudson River Park Trust has submitted a letter to the Chairperson confirming that payment of all of the required funds specified in paragraph (a)(4) of this Section, associated with the transfer of floor area, has been irrevocably made by the owner of such receiving site to the Hudson River Park Trust, or that the Hudson River Park Trust has drawn down on the security such that no portion of the required funds is outstanding.
Any modification of a special permit previously issued pursuant to this Section which proposes a change to the amount of required funds shall be referred to the affected Community Board for a period of at least 45 days. The Commission shall not act upon the modification application until the completion of the Community Board review period.
The Commission may prescribe additional appropriate conditions and safeguards to improve the quality of the development, enlargement or conversion and to minimize adverse effects on the character of the surrounding area.