ToC

Chapter 4 - Special Willets Point District (WP)

The City of New York
Bill de Blasio, Mayor
City Planning Commission
Marisa Lago, Chair

The “Special Willets Point District” established in this Resolution is designed to promote and protect public health, safety and general welfare. These general goals include, among others, the following specific purposes:

(a)        to transform Willets Point into a diverse and sustainable community that enhances connections to its surroundings through a unique combination of uses;

(b)        to create a retail and entertainment destination that catalyzes future growth and strengthens Flushing’s role as a nexus of economic, social and cultural activity;

(c)        to encourage a mix of uses that complement sporting venues within Flushing Meadows-Corona Park;

(d)        to maximize utilization of mass transit, reducing the automobile dependency of the redevelopment;

(e)        to create a livable community combining housing, retail and other uses throughout the district;

(f)        to create a walkable, urban streetscape environment with publicly accessible open spaces;

(g)        to encourage the pedestrian orientation of ground floor uses;

(h)        to build upon the diversity of the Borough of Queens as well as the proximity of regional transportation facilities, including the Van Wyck and Whitestone Expressways, LaGuardia and JFK Airports and the Long Island Railroad;

(i)        to provide flexibility of architectural design within limits established to assure adequate access of light and air to the street, and thus to encourage more attractive and economic building forms; and

(j)        to promote the most desirable use of land and building development in accordance with the District Plan and Urban Renewal Plan for Willets Point and thus improve the value of land and buildings and thereby improve the City’s tax revenues.

The provisions of this Chapter shall apply within the Special Willets Point District. The regulations of all other Chapters of this Resolution are applicable, except as superseded, supplemented or modified by the provisions of this Chapter. In the event of a conflict between the provisions of this Chapter and other regulations of this Resolution, the provisions of this Chapter shall control. However, in flood zones, in the event of a conflict between the provisions of this Chapter and the provisions of Article VI, Chapter 4 (Special Regulations Applying in Flood Hazard Areas), the provisions of Article VI, Chapter 4, shall control.

124-02

Definitions

For the purposes of establishing blocks and applying the use, signage, street tree, height and setback, court, publicly accessible open space and curb cut regulations of this Chapter, connector streets, the eastern perimeter street, the primary retail street, residential streets, retail streets and service streets shall be considered streets, and their boundaries shall be treated as street lines.

 

Connector street

A “connector street” shall be a way intended for general public use located and designed in accordance with requirements set forth in Section 124-31 (Standards for Streets and Blocks), inclusive.

 

Eastern perimeter street

The “eastern perimeter street” shall be a way intended for general public use located and designed in accordance with requirements set forth in Section 124-31, inclusive.

 

Primary retail street

The “primary retail street” shall be a way intended for general public use located and designed in accordance with requirements set forth in Section 124-31, inclusive.

 

Residential street

A “residential street” shall be a way intended for general public use located and designed in accordance with requirements set forth in Section 124-31, inclusive.

 

Retail street

A “retail street” shall be a way intended for general public use located and designed in accordance with requirements set forth in Section 124-31, inclusive.

 

Service street

A “service street” shall be a way intended for general public use located and designed in accordance with requirements set forth in Section 124-31, inclusive.

District Plan Maps are located within the Appendix to this Chapter and are hereby incorporated and made part of this Resolution. They are incorporated for the purpose of specifying locations where special regulations and requirements set forth in the text of this Chapter apply.

The District Plan includes the following five maps:

Map 1 – Special Willets Point District Plan

Map 2 - Location Requirements for Convention Center, Cinema and Office Tower

Map 3 - Height Limits

Map 4 - Locations of Tower Walls without Setbacks

Map 5 - Mandatory Intersections

The following special permit by the Board of Standards and Appeals shall not be applicable:

Section 73-16        (Public Transit, Railroad or Electric Utility Substations) shall not apply to electrical utility substations. In lieu thereof, such use shall be allowed within the Special Willets Point District upon authorization of the City Planning Commission, pursuant to Section 124-16.

The following special permit by the City Planning Commission shall not be applicable:

Section 74-61        (Public Transit, Railroad or Electric Utility Substations) shall not apply to electrical utility substations. In lieu thereof, such use shall be allowed within the Special Willets Point District upon authorization of the City Planning Commission, pursuant to Section 124-16.

The requirements of this Section shall apply to zoning lots of at least 200,000 square feet of lot area, containing developments or enlargements resulting in at least 100,000 square feet of floor area on such zoning lots.

No building permit shall be issued until the Chairperson of the City Planning Commission certifies to the Department of Buildings that such developments or enlargements comply with the provisions of this Section.

A set of drawings of sufficient scope and detail shall be submitted, showing that:

(a)        all streets and private streets within or abutting the proposed development or enlargement comply with the provisions of Section 124-31 (Standards for Streets and Blocks), inclusive;

(b)        all streets and private streets within or abutting the proposed development or enlargement are constructed to grades acceptable to the Commissioner of Buildings and the Commissioner of Transportation;

(c)        all publicly accessible open spaces within or abutting the proposed development or enlargement comply with the provisions of Section 124-40 (PUBLICLY ACCESSIBLE OPEN SPACE REQUIREMENTS), inclusive; and

(d)        for any portion of the Special Willets Point District not within the area proposed for development or enlargement and for which a certification pursuant to this Section has not been obtained, plans shall be submitted showing that the development or enlargement that is the subject of this certification shall not preclude such portions of the Special Willets Point District from complying with the provisions of Sections 124-31 and 124-40 under future certifications pursuant to this Section.

The Chairperson may allow for phased development upon certification to the Commissioner of Buildings that a plan has been submitted that provides for the completion of any private streets and publicly accessible open spaces that are integral to the development or enlargement of a building or buildings within each phase.

The Chairperson shall modify the provisions of Section 124-31, inclusive, to the minimum extent necessary, in the event that the Fire Department determines in writing that such modifications are required under law or regulation governing adequate fire access.

All required private streets and publicly accessible open spaces, once certified in accordance with the provisions of this Section, shall be duly recorded in the form of a signed declaration of restrictions, including a maintenance and operation agreement, indexed against the property, binding the owners, successors and assigns to provide such private streets and publicly accessible open spaces and public access thereto in accordance with the plans certified by the Chairperson of the City Planning Commission. Such declaration or maintenance and operation agreement shall require that a bond be posted that would ensure that the private streets and public access areas are maintained in accordance with the declaration or maintenance and operation agreement and are closed only at authorized times. The filing of such declaration in the Borough Office of the Register of the City of New York shall be a precondition for the issuance of a building permit.

In addition, the private streets and publicly accessible open spaces integral to the development or enlargement of a building or buildings shall be recorded on the certificate of occupancy for such building or buildings by the Department of Buildings and shall be a condition of issuance of such certificate of occupancy.

The provisions of Section 32-422 (Location of floors occupied by commercial uses) shall be modified to permit dwelling units on the same story as a commercial use provided no access exists between such uses at any level containing dwelling units and provided any commercial uses are not located directly over any dwelling units. However, such commercial uses may be located over dwelling units by authorization of the City Planning Commission upon a finding that sufficient separation of residential uses from commercial uses exists within the building.

Each ground floor dwelling unit on a residential street shall be directly accessible from such residential street. No more than one entrance to a residential street shall be required for any one ground floor dwelling unit.

(a)        Within Area B, as shown on Map 1 in the Appendix to this Chapter, commercial and special permit uses shall be limited to those uses permitted in a C1-4 District and physical culture or health establishments pursuant to Section 73-36, provided that commercial uses shall be located no more than 100 feet from a connector street, the present or former 34th Avenue or Willets Point Boulevard, or Area A, as shown on Map 1 in the Appendix to this Chapter.

(b)        Within Area B, uses permitted in the underlying district shall be permitted within an area east and south of the present or former Willets Point Boulevard and contiguous with Area A, provided that such area shall be limited to 115,000 square feet in land area.

The following special permits shall not apply. In lieu thereof, such uses shall be permitted as-of-right:

Section 74-41        (Arenas, Auditoriums, Stadiums or Trade Expositions) shall not apply for trade expositions with a capacity in excess of 2,500 persons, provided that the facility has a floor area of no more than 400,000 square feet;

Section 73-482        (In Commercial or Manufacturing Districts) shall not apply for group parking facilities exceeding 225 spaces, provided such facilities comply with the regulations set forth in Section 124-50 (OFF-STREET PARKING REGULATIONS), inclusive.

In buildings with frontage on 126th Street, the following special permits shall not apply. In lieu thereof, such uses shall be permitted as-of-right:

Section 73-244        (In C2, C3, C4*, C6-4**, M1-5A, M1-5B, M1-5M and M1-6M Districts, the Special Hudson Square District and the Special Tribeca Mixed Use District) shall not apply for eating and drinking establishments with a capacity of more than 200 persons, which shall be permitted as-of-right within 100 feet of a Residence District boundary

Section 73-35        (Amusement Arcades)

Section 73-36        (Physical Culture or Health Establishments)

Section 74-46        (Indoor Interactive Entertainment Facilities)

Section 74-47        (Amusement Arcades)

The following regulations shall apply within Area A, as shown on Map 1 in the Appendix to this Chapter, to all portions of buildings with frontage on 126th Street, the primary retail street, retail streets, connector streets and, in the event that a utility easement is retained on the block bounded by Roosevelt Avenue and 126th Street, along the frontage of the publicly accessible open space required by paragraph (d) of Section 124-42.

(a)        Ground floor uses

Uses within stories on the ground floor or with a floor level within five feet of base flood elevation shall be limited to commercial uses permitted by the underlying district, except uses listed in Use Groups 6B, 6E, 8C, 8D, 9B, 10B or 12D. A building’s frontage shall be allocated exclusively to such uses, except for Type 2 lobby space or entryways, provided in accordance with Section 37-33 (Maximum Width of Certain Uses), parking pursuant to Section 124-50, inclusive, and vehicular access pursuant to Section 124-53 (Curb Cut Restrictions). Such uses shall have a minimum depth of 50 feet measured from any street wall facing 126th Street, the primary retail street or connector streets.

(b)        Maximum length of establishments facing 126th Street and the primary retail street

The length of ground floor frontage occupied by any establishment shall not exceed 110 feet along 126th Street and 65 feet along the primary retail street. Such maximum lengths shall apply within 50 feet of any street wall facing 126th Street and the primary retail street. However, the provisions of this paragraph, (b), shall not apply within 300 feet of Northern Boulevard.

(c)        Access

Access to each ground floor establishment shall be provided directly from a street.

(d)        Transparency

For any building, or portion thereof, developed or enlarged after November 13, 2008, each ground floor street wall shall be glazed in accordance with Section 37-34 (Minimum Transparency Requirements).

However, in locations where such ground floor street wall above the level of the adjoining sidewalk or public access area is below base flood elevation, the required glazed area shall occupy an area measured from base flood elevation.

The height of all signs shall be measured from base flood elevation. The underlying sign regulations shall apply, except as set forth in this Section.

(a)        Within Area A, as shown on Map 1 in the Appendix to this Chapter, the sign regulations of a C4 District shall apply, except for street walls facing Roosevelt Avenue, Northern Boulevard and 126th Street.

(b)        Within Area B, as shown on Map 1, the sign regulations of a C1 District shall apply, except that within the area described in paragraph (b) of Section 124-12, the sign regulations of a C4 District shall apply.

(c)        Within Area A, for street walls facing Roosevelt Avenue or Northern Boulevard, the sign regulations of a C4 District shall apply, except that signs shall be limited to 85 feet in height.

(d)        For street walls facing 126th Street to a height of 35 feet, the sign regulations of a C4 District shall apply, provided that the maximum projection of any sign from the exterior wall of a building shall be four feet, and the transparency requirements of paragraph (d) of Section 124-14 are met.

(e)        For street walls facing 126th Street above 35 feet in height, the sign regulations of a C4 District shall apply except that all permitted signs, including illuminated signs and flashing signs, shall be permitted without limitation on surface area, provided that:

(1)        no such signs are higher than 85 feet;

(2)        the maximum projection of any sign from the exterior wall of a building shall be four feet, except that projections not exceeding six feet are permitted, provided that such projections beyond four feet shall comprise not more than 20 percent of the surface area of all such signs on the establishment; and

(3)        no sign attached to a building or other structure shall extend above any parapet wall or roof of such building or other structure.

(f)        Within 150 feet of the neighborhood park required pursuant to Section 124-42 (Types and Standards of Publicly Accessible Open Space), paragraph (a), flashing signs whose message is visible from such park shall not be permitted.

(g)        The provisions of Section 32-67 (Special Provisions Applying Along District Boundaries) shall not apply in the Special Willets Point District.

The City Planning Commission may authorize electrical utility substations in the Special Willets Point District in order to serve the needs of the Special District, and the regulations thereof shall be modified as necessary to accommodate the operational needs of the substation, upon authorization of the City Planning Commission, provided the Commission finds that:

(a)        the architectural and landscaping treatment of such use shall blend harmoniously with the abutting area to the extent reasonably permitted by the operational needs of the substation; and

(b)        if the site proposed for such use is within Area A, as shown on Map 1 in the Appendix to this Chapter, that there are difficulties in locating such use within Area B, as shown on Map 1.

The Commission may, consistent with cost-effective operations and capital planning, and the operational needs of the substation, prescribe appropriate conditions and safeguards on matters necessary to effectuate the provisions of paragraph (a) of this Section that are not regulated by other applicable codes, laws, rules or regulations. The applicant shall provide the Department of City Planning with a general description of such codes, laws, rules or regulations and a certification that the proposed substation shall comply therewith.

The Board of Standards and Appeals may permit a combined heat and power cogeneration plant not to exceed 100,000 square feet in floor area, provided that:

(a)        the power plant is designed to maximize both electric and thermal cogeneration system efficiency to the greatest extent feasible;

(b)        a detailed energy analysis is submitted to the Board demonstrating that the system as designed shall operate with maximum efficiency and perform more effectively than a traditional, power-purchased-from-grid system; and

(c)        the power plant is designed primarily to serve the Special Willets Point District.

In addition, the Board shall refer such application to the Department of Environmental Protection for a report to ensure that the power plant is designed to maximize cogeneration efficiency to the greatest extent feasible and that the system as designed shall operate with maximum efficiency and perform more effectively than a traditional, power-purchased-from-grid system.

The Board may prescribe appropriate conditions or safeguards to minimize adverse effects on the character of the surrounding area including safety devices, emissions limits and the concealment of such use with building enclosures, landscaping, buffer zones or other methods.

The Board of Standards and Appeals may permit an enclosed membrane bio-reactor wastewater treatment plant not to exceed 100,000 square feet in floor area on a site not to exceed 40,000 square feet in area, provided that the following findings are made:

(a)        that in all cases the proposed plant promotes and protects the public health, safety and general welfare;

(b)        the proposed plant shall be adequate for anticipated development in the area to be served;

(c)        the proposed plant is designed primarily to serve the Special Willets Point District;

(d)        the site for such use is so located as to minimize the adverse effects on the integrity of existing and future development, and to minimize the interruption of the continuity of retail frontage;

(e)        the architectural and landscaping treatment of such use shall blend harmoniously with the rest of the area; and

(f)        that such use shall conform to the performance standards applicable to M1 Districts.

In addition, the Board shall refer such application to the Department of Health and the Department of Environmental Protection for a report to ensure that the site-specific design of the enclosed membrane bio-reactor waste water treatment plant meets all City and State health and effluent standards.

The Board may prescribe appropriate conditions or safeguards to minimize adverse effects on the character of the surrounding area including requirements for soundproofing, safety devices, and the concealment of such use with building enclosures, landscaping, buffer zones or other methods.

A trade exposition center, hereinafter referred to as a convention center, is permitted in the Special Willets Point District only in accordance with this Section and shall be located on a connector street. A convention center may only be located in the area as depicted on Map 2 (Location Requirements for Convention Center, Cinema and Office Tower) in the Appendix to this Chapter, being entirely within 650 feet of Northern Boulevard.

Furthermore, a convention center may not be located within 200 feet of 126th Street, and any portion of a convention center located between 200 feet and 450 feet of 126th Street shall be limited to no more than 50,000 square feet of floor area.

Section 124-14 (Retail Continuity) shall not be applicable to a convention center. In lieu thereof, the transparency requirements of this Section shall apply to the street wall of a convention center facing a connector street. Such street wall shall be glazed with materials which may include show windows, glazed transoms or glazed portions of doors. Such glazed area shall occupy at least 50 percent of the area of such street wall, measured to a height of 15 feet above the level of the adjoining sidewalk or public access area. Not less than 40 percent of such area shall be glazed with transparent materials.

The main entrance(s) of such convention center shall be on a connector street.

Theaters comprising over 10,000 square feet in floor area shall be located entirely within 600 feet of the intersection of Roosevelt Avenue and 126th Street, as depicted on Map 2 (Location Requirements for Convention Center, Cinema and Office Tower) in the Appendix to this Chapter.

Use Group 6B office uses, pursuant to Section 32-15, located on any story entirely above 120 feet in height shall be located entirely within 600 feet of the intersection of Roosevelt Avenue and 126th Street, as depicted on Map 2 (Location Requirements for Convention Center, Cinema and Office Tower) in the Appendix to this Chapter.

In the Special Willets Point District, bulk regulations shall be as set forth in this Section, inclusive.

Zoning lots containing less than 200,000 square feet of lot area shall not exceed a floor area ratio of 2.0.

Zoning lots containing at least 200,000 square feet of lot area shall have a maximum floor area ratio as follows:

(a)        Within Area A, as shown on Map 1 in the Appendix of this Chapter:

(1)        Zoning lots of at least 28 acres of lot area shall have a maximum commercial floor area ratio of 2.0 and a maximum total floor area ratio of 4.6.

(2)        For zoning lots less than 28 acres:

(i)        north of the centerline of the present or former 34th Avenue, the maximum commercial floor area ratio shall be 2.0 and the maximum total floor area ratio shall be 3.4.

(ii)        south of the centerline of the present or former 34th Avenue, the maximum commercial floor area ratio shall be 2.0 and the maximum total floor area ratio shall be 5.0.

(b)        Within Area B, as shown on Map 1:

(1)        Zoning lots of at least 33 acres of lot area shall have a maximum commercial floor area ratio of 2.0 and a maximum total floor area ratio of 2.25.

(2)        For zoning lots less than 33 acres:

(i)        north of the centerline of the present or former 34th Avenue, the floor area ratio shall not exceed 2.0.

(ii)        south of the centerline of the present or former 34th Avenue, and north and west of the centerline of the present or former Willets Point Boulevard, the maximum commercial floor area ratio shall be 2.0 and the maximum total floor area ratio shall be 3.0.

(iii)        south and east of the centerline of the present or former Willets Point Boulevard, the maximum commercial floor area ratio shall be 2.0 and the maximum total floor area ratio shall be 4.0.

The height and setback regulations of this Section shall apply throughout the Special Willets Point District, except that developments or enlargements that result in less than 100,000 square feet of floor area on zoning lots of less than 200,000 square feet shall be limited to the height and setback regulations of an R6B District. The height of all buildings or other structures shall be measured from the level of the adjoining sidewalk or other publicly accessible open space. For the purposes of this Section, the present or former 34th Avenue and Willets Point Boulevard shall be considered to be connector streets, 127th Street shall be considered to be a residential street, and public access areas provided pursuant to paragraph (d) of Section 124-42 (Types and Standards of Publicly Accessible Open Space) shall be considered a connector street.

(a)        Street wall location and base heights

(1)        Except along 126th Street, Northern Boulevard and residential streets, at least 70 percent of the aggregate width of street walls shall be located within eight feet of the street line or public access area and shall extend without setback to a minimum base height of 60 feet or the height of the building, whichever is less. The maximum height of a building or other structure before setback shall be 85 feet. However, the minimum base height of a convention center shall be 40 feet or the height of the building, whichever is less.

(2)        Along 126th Street, at least 80 percent of the aggregate width of street walls shall be located within 60 feet of the street line of 126th Street and shall extend to a minimum base height of 60 feet or the height of the building, whichever is less. The maximum height of a building or other structure before setback shall be 85 feet. However, for buildings directly opposite Citi Field Stadium, a setback lower than 60 feet shall be permitted, provided that:

(i)        for buildings greater than 85 feet in height, an additional setback is provided between a height of 60 and 85 feet; and

(ii)        eating and drinking establishments with outdoor seating on terraces overlooking 126th Street are provided on the second story. Such terraces shall be located on the roof level above the ground floor level of the building, at a height not lower than 20 feet or higher than 30 feet above the level of the sidewalk fronting the 126th Street street wall of the building, and shall have a minimum depth of 15 feet.

(3)        Along residential streets, at least 70 percent of the aggregate width of street walls shall be located within eight feet of the street line or public access area and shall extend without setback to a minimum base height of 40 feet or the height of the building, whichever is less. The maximum height of a building or other structure before setback shall be 85 feet. Where street walls facing residential streets contain ground floor dwelling units, such street walls shall be set back at least four feet from the street line. The building may project into the required setback area, provided that:

(i)        any such projection does not exceed 20 feet in width;

(ii)        any such projection does not exceed 25 feet in height;

(iii)        the aggregate width of all such projections at the level of any story shall not exceed 50 percent of the width of the street wall of the building; and

(iv)        all such projections are at least 10 feet apart.

(4)        Along Northern Boulevard, no portion of a street wall shall be located closer to Northern Boulevard than eight feet. At least 70 percent of the aggregate width of street walls shall be located between eight and 15 feet of the Northern Boulevard street line and shall extend without setback to a minimum base height of 60 feet or the height of the building, whichever is less. The maximum height of a building or other structure before setback shall be 85 feet.

(5)        Wherever an open area is provided between the street wall of a building and the street line, such area shall be planted, except at entrances to and exits from the building, and except where non-residential uses are provided at the ground floor level of the building.

(b)        Required setbacks and maximum building height

Except as provided in paragraph (c)(6) of this Section, setbacks are required for all portions of buildings or other structures that exceed a height of 85 feet. Such setbacks shall be provided at a height not lower than 60 feet. The depth of the required setback shall be at least 10 feet measured from any required street wall fronting on a wide street, and at least 15 feet from any required street wall fronting on a narrow street. Where portions of buildings or other structures that exceed a height of 85 feet are not located above a required street wall, such portions shall be set back at least 10 feet from a wide street line and at least 15 feet from a narrow street line. However, dormers may penetrate a height of 85 feet in accordance with the provisions of paragraph (c) of Section 23-621 (Permitted obstructions in certain districts). Within the area limited to 232 feet above mean sea level, as shown on Map 3 in the Appendix to this Chapter, no portion of a building or other structure shall exceed a height of 120 feet except in accordance with the tower provisions of paragraph (c) of this Section.

(c)        Towers

Within the area limited to 232 feet above mean sea level, as shown on Map 3, any story of a building located above a height of 120 feet shall comply with the provisions of this paragraph (c). Such portions of a building are hereinafter referred to as “towers.”

(1)        Maximum tower size

Each residential story of a tower located entirely above a height of 120 feet shall not exceed a gross area of 11,000 square feet.

(2)        Maximum tower length

The maximum length of any residential story located entirely above a height of 120 feet shall not exceed 170 feet. Such length shall be measured by inscribing within a rectangle the outermost walls of the tower at the level of each story entirely above a height of 120 feet. No side of such rectangle shall exceed a length of 170 feet.

(3)        Orientation

The length of any residential story located entirely above a height of 120 feet shall be at least 1.5 times its width and oriented so that the long side of such tower faces within 25 degrees of geographical south. Such length shall be measured by inscribing within a rectangle the outermost walls of the tower at the level of each story entirely above a height of 120 feet. The orientation provisions of this paragraph,(c)(3) need not apply if at least 75 percent of all towers in the Special Willets Point District for which building permits have been issued comply with such provisions.

(4)        Tower top articulation

For towers containing residences, the highest three stories, or as many stories as are located entirely above a height of 120 feet, whichever is less, shall have a lot coverage of at least 50 percent of the story immediately below such stories, and a maximum lot coverage of 80 percent of the story immediately below such stories. Such reduced lot coverage shall be achieved by one or more setbacks on each face of the tower, where at least one setback on each tower face has a depth of at least four feet, and a width that, individually or in the aggregate, is equal to at least 10 percent of the width of such respective tower face. For the purposes of this paragraph (c)(4), each tower shall have four tower faces, with each face being the side of a rectangle within which the outermost walls of the highest story not subject to the reduced lot coverage provisions have been inscribed. The required setbacks shall be measured from the outermost walls of the building facing each tower face. Required setback areas may overlap.

(5)        Distance between towers

The minimum distance between all towers shall be 60 feet.

(6)        Tower walls without setbacks

To permit a building to rise from grade to a tower portion without setback, the setback provisions of paragraph (b) of this Section shall not apply to any portion of a building located within the tower wall location areas shown on Map 4 in the Appendix to this Chapter, provided that this exception from paragraph (b) of this Section shall not apply to more than one tower for each block.

(d)        Maximum total height

Notwithstanding any other provisions of this Chapter, no building or other structure shall exceed the height limits depicted on Map 3. The height limits established in Map 3 include reference points for two airport approach surface areas that are continuous planes, and one area with a maximum height limitation of 232 feet above mean sea level (AMSL). The coordinates of the points are:

Point 1        73°50'42.9"W                40°45'38.1"N

Point 2         73°50'36.8"W                40°45'45.6"N

Point 3         73°50'26.6"W                40°45'39.3"N

Point 4        73°50'33.6"W                40°45'30.7"N

The height limits hereby established supersede the height limits described in Article VI, Chapter 1 (SPECIAL REGULATIONS APPLYING AROUND MAJOR AIRPORTS). Application may be made to the Board of Standards and Appeals pursuant to Section 73-66 (Height Regulations Around Airports) for a permit to construct a building or other structure in excess of what is permitted pursuant to this paragraph (d), provided that such application is also referred to the Port Authority of New York and New Jersey.

Developments or enlargements that result in a total of at least 100,000 square feet of floor area on zoning lots of at least 200,000 square feet, shall front upon streets that comply with the requirements of this Section, inclusive.

The maximum length of a block shall be 450 feet, except that:

(a)        where a block includes a convention center, such length shall be unlimited;

(b)        where a block bounds the intersection of 126th Street and Northern Boulevard, such length shall be limited to 675 feet;

(c)        where a block bounds the intersection of 126th Street and Roosevelt Avenue, such length shall be limited to 575 feet; and

(d)        blocks or portions of blocks east of a line 600 feet east of and parallel to 126th Street and west of a line 1,350 feet east of and parallel to 126th Street shall have a maximum distance between intersections on a connector street of 218 feet, except where a block includes a convention center or the minimum two-acre park required pursuant to Section 124-40 (PUBLICLY ACCESSIBLE OPEN SPACE REQUIREMENTS). Where public pedestrian access between a connector street and another street on the same block is located no less than 218 feet from both intersections on a connector street through provision of open space pursuant to Section 124-40, inclusive, such block or a portion of a block east of a line 600 feet east of and parallel to 126th Street and west of a line 1,350 feet east of and parallel to 126th Street may have a maximum distance between intersections on a connector street that does not exceed 400 feet, provided that there is only one such block in the Special District.

124-312

New streets

The provisions of this Section shall apply to all private streets constructed after November 13, 2008.

(a)        Primary retail street

One primary retail street shall be provided parallel to, or generally parallel to, 126th Street and comply with the following requirements:

(1)        The western boundary of such street shall be not less than 220 feet and not more than 320 feet from 126th Street.

(2)        Such street shall intersect two retail streets and two connector streets.

(3)        The width of such street shall be a minimum of 70 feet and a maximum of 80 feet, comprised of:

(i)        two 15 foot wide sidewalks, one adjacent to each curb;        

(ii)        two nine foot wide strips, one adjacent to each sidewalk which can be used as either parking lanes or pedestrian amenity areas that may include landscaping, seating and walkways;

(iii)        two travel lanes in the center of the street totaling 22 feet in width; and

(iv)        one optional eight to 10 foot wide landscaped median located on the centerline of the street between the two travel lanes provided that the street width shall not exceed 72 feet without such median.

(b)        Connector streets

Two connector streets shall be provided, as follows:

(1)        One connector street shall intersect 126th Street as shown on Map 5 in the Appendix to this Chapter.

(2)        One connector street shall intersect 126th Street opposite the south side of Citi Field Stadium within the 125 foot area shown on Map 5.

(3)        Both connector streets shall intersect with the primary retail street and with each other at a point east of the primary retail street.

(4)        The width of each connector street shall be at least 75 feet and no more than 86 feet, comprised of:

(i)        two 15 foot wide sidewalks, one adjacent to each curb;

(ii)        two nine foot wide strips, one adjacent to each sidewalk that can be used as either parking lanes or pedestrian amenity areas that may include landscaping, seating and walkways; and

(iii)        at least two travel lanes and not more than three travel lanes totaling at least 22 feet and not more than 33 feet in width, and one bike lane at least five feet wide.

(5)        Where a convention center fronts upon a connector street, the requirements set forth in this paragraph (b) shall be modified to eliminate the nine foot wide strip and, in lieu thereof, require a 12 foot wide drop off lane that, in the aggregate, shall not exceed 300 feet.

(c)        Retail streets

A minimum of two and maximum of three retail streets shall be provided, as follows:

(1)        One retail street shall intersect 126th Street opposite the entrance to Citi Field stadium, within the area shown on Map 5;

(2)        One retail street shall intersect 126th Street opposite the north side of Citi Field Stadium within the area shown on Map 5;

(3)        Two retail streets shall intersect with the primary retail street;

(4)        The width of each retail street shall be no more than 68 feet wide, comprised of:

(i)        two 13 foot wide sidewalks, one adjacent to each curb;

(ii)        two 10 foot wide strips, one adjacent to each sidewalk that can be used as pedestrian amenity areas that may include landscaping, seating and walkways; and

(iii)        two travel lanes totaling at least 22 feet in width.

(d)        Eastern perimeter street

One eastern perimeter street shall be provided as follows:

(1)        The eastern boundary of such street shall be within 20 feet of the eastern boundary of the Special Willets Point District, extending between Roosevelt Avenue and a connector street.

(2)        The width of such street shall be at least 62 feet and no more than 75 feet, comprised of:

(i)        a 13 foot wide sidewalk along its western boundary and a sidewalk at least five feet wide along its eastern boundary;

(ii)        two eight foot wide strips, one adjacent to each sidewalk that can be used as either a parking lane or as pedestrian amenity areas that may include landscaping, seating and walkways; and

(iii)        at least two and no more than three travel lanes totaling at least 20 feet and not more than 33 feet in width.

(e)        Residential streets

All streets, other than those listed in paragraphs (a) through (d) of this Section, that have one or more ground floor dwelling units fronting on the street shall be considered residential streets, except where such street is designated a service street pursuant to paragraph (f) of this Section. Residential streets shall be provided, as follows:

(1)        A residential street shall be a minimum of 62 feet wide and a maximum of 64 feet wide, comprised of:

(i)        two 13 foot wide sidewalks, one adjacent to each curb;

(ii)        two eight foot wide strips, one adjacent to each sidewalk that can be used as either a parking lane or as pedestrian amenity areas that may include landscaping, seating and walkways; and

(iii)        two travel lanes totaling between 20 and 22 feet in width.

(f)        Service streets

All newly constructed streets, other than those listed in paragraphs (a) through (e) of this Section, shall be improved as a service street. A minimum of 50 percent of the uses within stories on the ground floor or with a floor level within five feet of base flood elevation fronting a service street shall contain non-residential uses. Service streets shall be provided, as follows:

(1)        A service street may only be located as one of the streets bounding:

(i)        a block that bounds the intersection of 126th Street and Northern Boulevard; and

(ii)        a block that bounds the intersection of 126th Street and Roosevelt Avenue.

(2)        A service street shall be a minimum of 62 feet wide and a maximum of 64 feet wide, comprised of:

(i)        two 13 foot wide sidewalks, one adjacent to each curb;

(ii)        two eight foot wide strips, one adjacent to each sidewalk that can be used as either a parking lane or as pedestrian amenity areas that may include landscaping, seating and walkways; and

(iii)        two travel lanes totaling between 20 and 22 feet in width.

All developments or enlargements shall provide and maintain trees of not less than three-inch caliper at the time of planting in the sidewalk adjacent to the building on the side of the sidewalk closest to the travel lane. All such trees shall be provided for the entire length of the frontage of the building, for every 25 feet of such frontage, except where curb cuts or utilities make such planting infeasible. Species shall be selected, installed and maintained in accordance with specifications established by the Department of Parks and Recreation. However, street trees need not be provided where such trees may interfere with truck movements in the loading area for a convention center.

In the event that 34th Avenue remains a mapped street, all developments or enlargements on 34th Avenue shall provide a sidewalk widening of no less than 13 feet in width. No obstructions shall be permitted from the lowest level to the sky except for those permitted pursuant to Section 37-53 (Design Standards for Pedestrian Circulation Spaces), paragraph (f)(3). When one end of the sidewalk widening abuts an existing building, the special design treatment specified in Section 37-53, paragraph (f)(5), shall be required.

Any roof of a facility containing off-street parking spaces, not otherwise covered by a building, which is larger than 400 square feet shall be landscaped. Up to five percent of such roof area may be used for mechanical equipment, provided that such mechanical equipment is fully enclosed, except that openings in such enclosure shall be permitted only to the extent necessary for ventilation and exhaust, and that it is screened from view by a fence which is at least 75 percent opaque or by at least three feet of dense planting. Up to 25 percent of such roof area may be accessible solely from an adjacent dwelling unit and the remaining roof area shall be accessible for the recreational use of the occupants of the building in which it is located. Hard surfaced areas shall not cover more than 50 percent of such roof area.

Publicly accessible open spaces shall be provided as specified in Section 124-40, inclusive. In the event of a conflict between the provisions of this Section, inclusive, and any underlying regulation, the provisions of this Section shall govern.

Publicly accessible open space within the Special Willets Point District shall total not less than eight acres. Such required amounts shall be open to the sky and shall not include any sidewalks required pursuant to this Section or sidewalk widenings pursuant to Section 124-33.

For developments or enlargements that result in a total of at least 100,000 square feet of floor area on zoning lots of at least 200,000 square feet, the following amount of publicly accessible open space shall be provided for each 1,000 square feet of floor area:

Within Area A:        30 square feet

Within Area B:        50 square feet.

Such publicly accessible open space may be transferred from the zoning lot containing the development or enlargement to any other zoning lot in the Special Willets Point District, provided that such publicly accessible open space meets the requirements of Section 124-42, inclusive.

The following types and standards of publicly accessible open space shall apply:

(a)        Park

At least one park not less than two acres in area shall be provided. Such park shall be bounded on all sides by streets or a school, and at least one of the streets bounding the park shall be a connector street. No portion of such park shall be closer than 200 feet from the boundaries of the Special Willets Point District. Up to five percent of the area of such outdoor park may be covered by a building or other structure. A minimum of 50 percent of such park shall be planted, except that the planted area may be reduced to 40 percent if a playground acceptable to the Department of Parks and Recreation is provided within such park.

(b)        126th Street

The provisions of this paragraph (b) shall apply along the western boundary of blocks bounding 126th Street:

(1)        a sidewalk with a minimum width of 15 feet shall be located adjacent to the curb, and have an elevation not higher than one foot above the level of the road bed;

(2)        a pedestrian amenity area at least 20 feet wide and no more than 35 feet wide shall be located between such sidewalk and the street wall of any building fronting upon 126th Street. Pedestrian circulation space at least five feet wide shall be provided within such area within 1.5 feet of the ground floor elevation of such street walls to allow pedestrian movement in a direction parallel with the street and connecting with sidewalks of streets intersecting 126th Street;

(3)        on each such block there shall be a minimum of two ramps connecting the sidewalk along 126th Street and the pedestrian circulation space. In addition, stairways shall be provided linking the sidewalk and pedestrian circulation space so that each establishment on the block with entrances facing 126th Street is readily accessible by such stairs or ramps; and

(4)        all publicly accessible open spaces shall comply with the provisions of Sections 37-725 (Steps), 37-726 (Permitted obstructions), 37-728 (Standards of accessibility for persons with disabilities), 37-73 (Kiosks and Open Air Cafes) and 37-74 (Amenities), except for the following modifications:

(i)        Section 37-73, paragraph (b), shall be modified to permit open air cafes to be at a different elevation from adjoining public access areas and from adjoining sidewalks;

(ii)        Section 37-73, paragraphs (c)(4) and (d), shall not apply to the certification of open air cafes in the Special District, and the filing of plans for open air cafes in the Borough Office of the City Register shall not be required;

(iii)        for publicly accessible open space on the western boundary of blocks facing Citi Field Stadium, Section 37-73, paragraph (b), shall be modified to limit the aggregate area of open air cafes to no more than 50 percent of the public access area, and to allow open air cafes to occupy up to 75 percent of street frontage;

(iv)        in Section 37-741, the requirement for a minimum of one linear foot of required seating for every two linear feet of street frontage within 15 feet of the street line shall not apply;

(v)        for public access areas on the western boundary of blocks facing Citi Field Stadium, Section 37-741 shall be modified so that seating for open air cafes may count toward the seating requirement, in the category of moveable seating, provided that 25 percent of the linear seating capacity is provided through other seating types;

(vi)        for publicly accessible open space not on the western boundary of blocks facing Citi Field Stadium, Section 37-742 shall be modified to require planters, planting beds and accessible lawns at a rate of 200 square feet for every 1,000 square feet of publicly accessible open space; and

(vii)        Section 37-747 (Public space signage) shall not apply; in lieu thereof, paragraph (i) (Hours of access) of this Section shall apply.

(c)        Roosevelt Avenue

Along the south side of blocks bounding Roosevelt Avenue, the following provisions shall apply:

(1)        a bike lane with a minimum width of five feet shall be located no more than 16 feet from the curb line; and

(2)        a pedestrian amenity area at least 20 feet in width and not more than 45 feet in width shall be provided between the bike lane and the street wall of a building:

(i)        within the pedestrian amenity area, there shall be a sidewalk with a minimum width of 13 feet, generally parallel to Roosevelt Avenue, linking the sidewalk along 126th Street to either a sidewalk along the eastern perimeter street, if built, or the sidewalk leading to the Roosevelt Avenue Bridge; and

(ii)        a minimum of 50 percent of the pedestrian amenity area shall be planted.

(d)        Block at Roosevelt Avenue and 126th Street

In the event that a utility easement is retained on the block bounded by Roosevelt Avenue and 126th Street, the following improvements shall be provided:

(1)        an entry plaza of at least 7,000 square feet shall be provided adjacent to the intersection of 126th Street and Roosevelt Avenue, as follows:

(i)        the plaza shall include no less than 60 feet and no more than 80 feet of frontage along 126th Street;

(ii)        each use or establishment with frontage on the plaza shall include at least one entrance to such plaza;

(iii)        at least two amenities shall be provided from among those listed in Section 37-748, except that a kiosk that provides information instead of food service shall also be permitted; and

(iv)        the area of such plaza shall not overlap with the requirements of paragraph (c) of this Section for Roosevelt Avenue;

(2)        a central plaza of at least 20,000 square feet shall be provided, as follows:

(i)        the plaza shall have at least 100 feet of frontage on a connector street;

(ii)        the prolongation of the centerline of the primary retail street shall intersect with such plaza;

(iii)        such plaza shall meet the pedestrian amenity standards of paragraph (b)(4) of this Section for 126th Street; and

(iv)        a minimum of 15 percent of such plaza shall be planted; and

(3)        a pedestrian corridor area shall be provided linking the entry plaza required pursuant to paragraph (d)(1) of this Section and the central plaza required pursuant to paragraph (d)(2) of this Section, as follows:

(i)        such corridor shall be at least 60 feet in width and include, within such width, a 40 foot utility easement;

(ii)        such corridor shall be at least 150 feet in length;

(iii)        each use or establishment with frontage on such corridor shall include at least one entrance to such corridor; and

(iv)        each side of such corridor area shall be planted with street trees of not less than three-inch caliper at the time of planting for the entire length of such corridor, at a rate of one tree for every 25 feet of the length of each side of such corridor.

(e)        Northern Boulevard

Along the north side of blocks bounding Northern Boulevard, the following provisions shall apply:

(1)        a sidewalk with a minimum width of 13 feet shall be located adjacent to the curb and have an elevation not higher than one foot above the road bed of Northern Boulevard;

(2)        an open area at least eight feet wide and no more than 15 feet wide shall be located between the sidewalk and the street wall of a building, except that such area need not be provided where such areas may interfere with truck movements in the loading area for a convention center located on any such block; and

(3)        a minimum of 70 percent of such open area shall be planted.

(f)        Eastern perimeter street

Along the eastern perimeter street between the required sidewalk and the eastern boundary of the Special Willets Point District, an open area with a minimum depth of eight feet and a maximum depth of 15 feet shall be provided. At least 70 percent of such open area shall be planted.

(g)        Convention center

If a convention center is provided, a pedestrian amenity area shall be required between the street line and the street wall of the convention center. The pedestrian amenity area shall have a depth of at least 10 feet and not more than 22 feet and shall meet the standards of paragraph (b)(4) of this Section for 126th Street.

(h)        Standards for additional areas

If the amount of public access areas required pursuant to paragraphs (a) through (g) of this Section does not total eight acres, the difference shall be provided in the form of one or more public access areas located not closer than 100 feet to the boundary of the Special Willets Point District.

(i)        Hours of access

All publicly accessible open space shall be accessible to the public from sunrise to one hour after sunset. Entry plaques for public access areas over one-half acre in size shall be provided as described in paragraph (a) of Section 37-751, except that the number of such plaques shall be provided so that one such plaque is located at each point of entry to such publicly accessible open space, and lettering at least one inch in height shall be provided stating the words, “Open to the public:” followed by hours permitted pursuant to this paragraph (i).

(j)        Active recreation

A minimum of one-half acre of public access area shall be designed for active recreational use. This area may be located anywhere within the eight acres of publicly accessible open space required within the Special Willets Point District. Such area may include rooftop areas, provided that adequate public access is provided to the general public and that, regardless of the size of such rooftop area, entry plaques are provided for each point of entry pursuant to paragraph (i) of this Section. Access to such areas shall comply with the Americans with Disabilities Act of 1990.

Off-street parking shall be provided for all required parking spaces and loading berths as specified by the underlying district, except as modified by the special regulations of this Section, inclusive.

The provisions of this Section shall apply to all off-street parking spaces within the Special Willets Point District.

Floor space used for parking shall be exempt from the definition of floor area.

Parking facilities with over 225 parking spaces shall provide adequate reservoir space at the vehicular entrances to accommodate either 10 automobiles or five percent of the total parking spaces provided in such facility, whichever amount is greater, but in no event shall such reservoir space be required for more than 50 automobiles.

(a)        All off-street parking spaces shall be located within facilities that, except for entrances and exits, are located:

(1)        entirely below the level of any street or publicly accessible open space upon which such facility, or portion thereof, fronts;

(2)        in a cellar no more than four feet above grade within Area B, as shown on Map 1 in the Appendix to this Chapter, provided that the street wall is set back at least four feet from the street line except for projections permitted pursuant to Section 124-22, paragraph (a)(3), and planted areas are provided pursuant to Section 124-22, paragraph (a)(5), and further provided that 50 percent of such street wall with adjacent parking spaces consists of opaque materials;

(3)        at every level above-grade, wrapped by floor area provided in accordance with paragraph (a) of Section 37-35 (Parking Wrap and Screening Requirements); or

(4)        above-grade and adjacent to a street wall or public access area, and screened in accordance with the provisions set forth in paragraphs (b)(1) through (b)(3) of Section 37-35. A parking structure so screened shall be permitted only in the following locations:

(i)        except within blocks that bound the intersection of 126th Street and Northern Boulevard or 126th Street and Roosevelt Avenue, a parking facility may be located adjacent to a street wall facing 126th Street above a height of 35 feet and limited to a height of 85 feet. At least 30 feet of floor area containing permitted uses shall separate such parking spaces from any other adjacent street;

(ii)        a parking facility may be located adjacent to a street wall limited to a height of 85 feet on a block that bounds the intersection of 126th Street and Northern Boulevard, provided that such street wall is on Northern Boulevard and is more than 100 feet from 126th Street. At least 30 feet of floor area containing permitted uses shall separate such parking spaces from adjacent residential, connector or primary retail streets;

(iii)        a parking facility not on a block that bounds the intersection of 126th Street and Northern Boulevard may be located adjacent to a street wall limited to a height of 40 feet facing Northern Boulevard, provided that such street wall with adjacent parking spaces is on Northern Boulevard and is more than 100 feet from 126th Street. At least 30 feet of floor area containing permitted uses shall separate such parking spaces from any other adjacent street;

(iv)        a parking facility may be located adjacent to a street wall on a block that bounds the intersection of 126th Street and Roosevelt Avenue, provided that such street wall with adjacent parking spaces is more than 100 feet from 126th Street, Roosevelt Avenue and at least 30 feet from any connector street;

(v)        a parking facility may be located adjacent to a street wall limited to a height of 40 feet facing the eastern boundary of the Special Willets Point District, within 200 feet of such eastern boundary, so that such parking facility is not visible from a connector street. At least 30 feet of permitted floor area containing uses shall separate such parking spaces from adjacent residential and connector streets; and

(vi)        a parking facility may be located adjacent to a street wall where such street wall is on a service street, provided that at least 30 feet of floor area containing permitted uses shall separate such parking spaces from adjacent residential, connector, retail or primary retail streets.

(b)        All parking facilities with parking spaces adjacent to an exterior building wall that is not a street wall shall provide screening in accordance with the provisions set forth in paragraphs (b)(1) through (b)(3) of Section 37-35.

(c)        All parking facilities shall not be open to the sky, and all parking facilities shall have a roof that meets the design requirements of Section 124-34.

(d)        All accessory off-street parking spaces may be made available for public use. However, any such space shall be made available to the occupant of a residence to which it is accessory within 30 days after written request therefore is made to the landlord. Furthermore, if accessory and public parking spaces are provided on the same block, all such spaces shall be located within the same parking facility.

(e)        All accessory off-street parking spaces may be provided within parking facilities in buildings other than the same building as the uses to which they are accessory, provided that:

(1)        the off-street parking space within such facility is counted only once in meeting the parking requirements for a specific building; and

(2)        such parking facilities are located within the Special Willets Point District; or

(3)        such parking facilities are located within distances specified by Sections 36-421 (Maximum distance from zoning lot) and 36-43 (Off-site Spaces for Commercial or Community Facility Uses), as applicable.

Loading areas shall not be permitted within 75 feet of 126th Street or within 50 feet of the primary retail street. Loading areas for a convention center use shall not be permitted within 100 feet of a connector street.

No driveway curb cuts for parking facilities or loading berths shall be permitted along 126th Street, the primary retail street, the connector streets, across from public open space of two or more acres, and within 50 feet of the intersection of any streets, except for a convention center or a transient hotel with a minimum of 50,000 square feet of floor area, and except that the City Planning Commission may authorize curb cuts, provided the Commission finds that such curb cuts are needed, do not unduly inhibit surface traffic or pedestrian flow and do not impair the essential character of the surrounding area.

Where permitted, the maximum aggregate width of curb cuts on any frontage shall be limited to 24 feet for residential streets and 60 feet for all other streets, except that the maximum width shall be 100 feet for blocks that bound the intersection of 126th Street and Northern Boulevard or 126th Street and Roosevelt Avenue and for blocks that contain a transient hotel with a minimum of 50,000 square feet of floor area. For a convention center, the maximum aggregate width of curb cuts on any frontage shall be limited to 100 feet, except that curb cuts shall be unlimited when located directly adjacent to the loading area of the convention center. All curb cuts shall be achieved with minimal reduction to the grade of the sidewalk over which they pass.

For any zoning lot within the Special Willets Point District, the City Planning Commission may permit modification of the use or bulk regulations, except floor area ratio provisions, provided the Commission shall find that such:

(a)        use or bulk modification shall aid in achieving the general purposes and intent of the Special District;

(b)        use modification shall encourage a lively pedestrian environment along the street, or is necessary for, and the only practicable way to achieve, the programmatic requirements of the development;

(c)        bulk modifications shall enhance the distribution of bulk within the Special District;

(d)        bulk modifications shall permit adequate access of light and air to surrounding streets; and

(e)        use or bulk modification shall relate harmoniously to the character of the surrounding area.

Notwithstanding the foregoing, a use modification may include a use proposed as part of a phased development within the Special District, where the Commission finds that such use is reasonably necessary for transitional purposes to assist in achievement of the goals of the Special District, provided the findings of paragraphs (a), (b) and (e) of this Section are met to the maximum extent possible, taking into account the nature of such use.

The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.

Appendix A

Special Willets Point District Plan

Map 1 - Special Willets Point District Plan

Zoning Resolutions Chapter 4: Special Willets Point District Appendix A.0

Map 2 - Location Requirements for Convention Center, Cinema and Office Tower

Zoning Resolutions Chapter 4: Special Willets Point District Appendix A.1

Map 3 - Height Limits

Zoning Resolutions Chapter 4: Special Willets Point District Appendix A.2

Map 4 - Locations of Tower Walls without Setbacks

Zoning Resolutions Chapter 4: Special Willets Point District Appendix A.3

Map 5 - Mandatory Intersections

Zoning Resolutions Chapter 4: Special Willets Point District Appendix A.4

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