New Zoning

Milestone                                                                                             Date

Department of City Planning Certification                                  May 7, 2007
Community Board 3 Approval (with conditions)                       July 12, 2007
Brooklyn Borough President Approval                                        July 31, 2007
City Planning Commission Approval                                            September 5, 2007
(Read the CPC Reports.)

City Council Approval                                                                      October 29, 2007

For more information, contact the Brooklyn Office of City Planning at (718) 780-8280.

Zoning is used to regulate the use of land in a way that protects the health, safety and welfare of people.  It also predicts the future, it is not retroactive and allows for non-conforming continuing uses.  On a citywide basis it a measure of a urban wealth by predicting the total potential of floor area within a zone to yield estimates of revenue and thus a “rating” for long term bonds.

The details:

 

On October 29, 2007 the City Council adopted the Bedford-Stuyvesant South zoning changes as proposed (see the CPC Reports). The zoning changes are now in effect.

 


Bedford – Stuyvesant South Rezoning Area
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At the request of Community Board 3, local civic groups, and elected officials, the Department of City Planning (DCP) proposes a zoning map amendment and a zoning text amendment for an approximately 206 block area in the southern half of the Bedford-Stuyvesant neighborhood of Community District 3, Brooklyn.  The rezoning area is generally bounded by Lafayette Avenue and Quincy Street to the north, Classon Avenue to the west, Saratoga Avenue and Broadway to the east, and Atlantic Avenue to the south.

The proposed rezoning aims to preserve neighborhood scale and character, maintain opportunities for mid-rise apartment building construction along appropriate corridors, and allow for residential growth with incentives for affordable housing along the Fulton Street transit and retail corridor.

Neighborhood Character


Land Use Map
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Bedford-Stuyvesant is a predominantly residential neighborhood, well-known for its historic three – four story brownstones with small front yards and stoops, churches, and institutions.  With the completion of the Fulton Street elevated line and the Brooklyn Bridge in the late 1880s, Bedford-Stuyvesant developed as a middle class community for those commuting to jobs in Downtown Brooklyn and Manhattan.  Brownstones and larger brick and terracotta apartment buildings were constructed for the neighborhood’s many prosperous residents.

After the completion of the A subway line below Fulton Street in the 1930s, many middle class African-Americans began to move to Bedford-Stuyvesant, creating one of New York’s oldest middle class African American communities.  Following World War II, Bedford-Stuyvesant suffered a period of decline resulting in many vacant lots, underutilized sites, and a sizable amount of city-owned property.  In response, local community organizations emerged to help facilitate the rebuilding of Bedford-Stuyvesant into the vibrant community it once was. One of the best-known of these civic groups is the Bedford-Stuyvesant Restoration Corporation, the first community development corporation in the United States, located in the heart of Bedford-Stuyvesant on Fulton Street.  It was formed in 1967 with the help of Senators Robert F. Kennedy and Jacob K. Javits and has served as an example for other communities throughout the country.

In the 1960s and 1970s public redevelopment initiatives resulted in the construction of numerous public and publicly assisted housing developments mainly along Gates Avenue and along Fulton Street.  Most recently, in 1992, the City approved the Saratoga Square Urban Renewal Area at the community district’s eastern boundary with Ocean Hill-Brownsville.  This resulted in approximately 1,350 units through the rehabilitation of vacant city-owned buildings and the construction of new home-ownership housing.

In 1971, the Landmarks Preservation Commission designated the Stuyvesant Heights Historic District, located in the southern central section of Bedford-Stuyvesant.  The historic district encompasses 13 blocks of brownstones, apartment houses, and churches that are representative of the diverse architectural styles of late 19th and early 20th century New York City.

Description of the Proposal

Zoning Map Changes

Proposed Zoning Map
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Proposed R5B: R5, R6 to R5B
Approximately six percent (12 full and partial blocks) of the rezoning area would be rezoned to R5B.  These areas, where two- and three- story row houses predominate are:

  • four blocks generally bounded by Halsey Street to the north, Ralph Avenue to the west, Bainbridge Street to the south, and Howard Avenue to east;
  • three blocks generally bounded by Herkimer Street to the north, Howard Avenue to the west, Atlantic Avenue to the south, and Saratoga to the east; and;
  • three blocks generally bounded by Herkimer Street to the north, Troy Avenue to the west, Atlantic Avenue to the south, and Schenectady Avenue to the east.

 

R5B districts typically produce three-story row houses and allow an FAR of 1.35 for residential uses and 2.0 for community facility uses, with a maximum street wall height of 30 feet and a maximum building height of 33 feet. Infill zoning is not applicable in R5B.  Front yard parking and curb cuts are prohibited on all zoning lots less than 40 feet wide.  When parking is required, on-site spaces must be provided for two-thirds of the dwelling units.

Proposed R6B: R5, R6 to R6B
Over 92 percent (190 full and partial blocks) of the rezoning area would be rezoned toR6B.   This proposed designation would protect the three- and four- story brownstone and rowhouse scale and character of Bedford-Stuyvesant’s residential core.

R6B districts allow a maximum FAR of 2.0 for all permitted uses and limit overall building heights to 50 feet and street wall heights to 40 feet.  New development in the proposedR6B district would be required to line up with adjacent structures to maintain the existing street wall characteristics.  New multifamily residences in R6B districts must provide one off-street parking space for 50 percent of the dwelling units.  The proposed R6Bregulations would allow for limited expansion of existing buildings consistent with new investment in the area, as well as provide for opportunities for appropriately scaled new development on vacant sites.

Proposed R6A: R5, R6, M1-1 to R6A
Approximately 60 percent (122 full and partial blocks) of the rezoning area would be rezoned to R6A.  An R6A designation is proposed for lot frontages along the majority of north/south avenues leading to Fulton Street, as well portions of Gates Avenue and Herkimer Street.  These avenues already contain large apartment buildings as well as some vacant land and vacant buildings.  These blocks are currently zoned R5 and R6 with either a commercial overlay of C1-3 or C2-3.  In addition, this R6A district together with a proposed C2-4 overlay district would include the current M1-1 zoning district along Nostrand Avenue between Gates Avenue and Monroe Street thereby making the existing residential and commercial uses conforming under the proposed zoning. 

R6A has a maximum FAR of 3.0 for residential and community facility uses.   Above abase height of 40 to 60 feet, the building must setback 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.  Off-street parking is required for 50 percent of the units, but is not allowed in the front of the building.   In R6A districts, the Quality Housing Program is mandatory.

Proposed R7D: R6 to R7D
An R7D zoning district is proposed for all or parts of 20 blocks along Fulton Street and on Atlantic Avenue between Kane Place and Howard Avenue.  Fulton Street is a major transit corridor near stations of the A, C, and G subway lines as well as the Long Island Rail Road. Fulton Street is developed with a mix of one-story commercial buildings, mixed residential and commercial buildings, as well as a number of large parcels of vacant city-owned land.

R7D is a proposed new residential district with an FAR of up to 4.2. The Inclusionary Housing program would be applicable in the proposed R7D district in Bedford-Stuyvesant. By using this program, developers could receive a 33 percent floor area bonus, up to 5.6 FAR, if 20 percent of the floor area is made affordable to low-income households either on-site or off-site. In the R7D district the maximum building base height is between 60 and 85 feet, above which 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.  New buildings in R7D districts would be required to line up with adjacent structures to maintain the street wall.  In addition, where there are commercial overlays mapped within the R7D district, active ground floor uses, such as retail uses, commercial services, and community facilities would be required.  Off-street parking would be required for at least 50 percent of the dwelling units.

Proposed C4-5D: C4-3, M1-1 to C4-5D
C4-5D district is proposed for all or parts of eight blocks along Fulton Street between Bedford and Brooklyn Avenues and Nostrand Avenue between Macon Street and Atlantic Avenue. This district would encompass the existing C4-3 district on Fulton Street, as well as one block of a  M1-1 zoning district that currently contains the Bedford Stuyvesant Restoration Plaza.

C4-5D is a proposed new commercial district, which would permit residential, commercial, and community facility buildings, has a commercial and community facility FAR of 4.0 and a maximum residential FAR of 4.2.  A residential FAR of 5.6 could be achieved if the Inclusionary Housing program (which would be applicable in C4-5D districts in Bedford-Stuyvesant) is utilized.

Proposed M1-1/R7D: M1-1 to M1-1/R7D
Five partial blocks generally bounded by Kane Place and Howard Avenue would be rezoned from an M1-1 district to a new Special Mixed Use District (MX-10), M1-1/R7.  This district would reflect the current mixed use character of the area while allowing both manufacturing and residential uses.  In order to allow for affordable housing development, new residential buildings would be able to apply the Inclusionary Housing program as described above.

Commercial Overlays: C1-3, C1-4, C2-3 to C2-4
The proposed rezoning would also change most existing C1-3C1-4, and C2-3 commercial overlays to C2-4 and reduce overlay depths from 150 feet to 100 feet. This would allow a wider range of local uses and prevent commercial uses from encroaching on the residential side streets.  C2 districts also permit a slightly wider range of uses, use groups 7-9, and 14 in C2, in addition to use groups 1-6 permitted in C1.   Parking requirements in C2-4districts decreases from one space per 300 square feet of floor area to one per 1000 square feet.

New C2-4 overlays would be added where there are existing commercial uses and overlays would be removed entirely on blocks where little or no commercial uses currently exist.

Zoning Text Changes

 

New Contextual Zoning Districts-R7D/C4-5D
The rezoning proposal also includes an amendment to the Zoning Resolution to establish new R7D and C4-5D zoning districts to allow for medium density residential development.  The two new zoning districts, which could subsequently be mapped in other parts of the city, would allow slightly more residential density and height than the current R7A district but less than the current R8A district.  The R7A district has a FAR of 4.0 with a height limit of 80 feet.  The R8A district has an FAR of 6.02, with a maximum height limit of 120 feet.  The proposed R7D district has a base residential FAR of 4.2 and height limit of 100 feet.

The proposed C4-5D district and C2 overlays mapped within the proposed R7D district would require that all ground floor uses be non-residential, such as retail establishments, offices and community facilities.  This new ground floor use requirement would be established in Section 32-434 of the Zoning Resolution.  This would ensure that new development in these districts would have active ground floor uses.

Inclusionary Housing Program
The zoning text is also being amended to allow the inclusionary housing program to be applicable in R7D and C4-5D districts in Bedford-Stuyvesant. Under the Inclusionary Housing program, developments providing affordable housing are eligible for a floor area bonus, within contextual height and bulk regulations of the R7D and C4-5D districts.  Affordable units can be provided either on the same site as the development earning the bonus, or off-site either through new construction or preservation of existing affordable units.  Off-site affordable units must be located within the same community district or within a half-mile of the bonused development.  Available City, State, and Federal housing finance programs may be used to finance affordable units.  The combination of a zoning bonus with housing programs establishes an incentive for the development and preservation of affordable housing in Bedford-Stuyvesant.

Inclusionary Housing Massing

Special Mixed Use District- (MX-10)
In addition, the proposed text amendment would establish a new Special Howard and Atlantic Avenues Mixed Use District, to preserve and allow for manufacturing uses and residential development.

On May 7, 2007 the Department of City Planning certified the Uniform Land Use Review (ULURP) application (C 070447 ZMK) for the Bedford-Stuyvesant South rezoning and referred the related non-ULURP text amendment (N 070448 ZRY) to begin the formal public review process.


 

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