85-04

Modifications of Bulk Regulations

Notwithstanding any other provisions of this Resolution the following modifications of bulk regulations are hereby granted for any development which the Chairperson of the City Planning Commission certifies will generally comply with the concept on file with the City Planning Commission dated January 6, 1970, for development commencing before January 1, 1980, or the amended design concept on file with the Commission dated April 30, 1980, for development commencing after January 1, 1980.

In no event shall the maximum floor area ratio for the Special United Nations Development District, taken as a whole, exceed 15.0. The floor area ratio of a residential building or the residential portion of a mixed building shall not exceed the maximum floor area ratio set forth in Sections 34-112, 23-152 and 35-31.

The development may include land in more than one block and the total permitted floor area of all zoning lots within such development may be distributed without regard for zoning lot lines or any streets separating the zoning lots and the buildings comprising such development may be located without regard for the applicable height and setback regulations.

In no event shall any development on the south side of 44th Street within the Special United Nations Development District contain more than 200,000 square feet of floor area, and no more than 61,000 square feet of floor area may be transferred for any such development.

At the time of any transfer of floor area in the Special United Nations Development District, there shall be recorded in the land records, and indexed against each tax lot from which floor area is removed, an instrument removing such floor area and stating the maximum permissible floor area remaining on the tax lot after deducting the floor area transferred; and there shall be recorded in the land records, and indexed against each tax lot to which floor area is added, an instrument evidencing the transfer of the floor area to the tax lot benefitted and identifying by tax block and lot number and description the tax lot from which the floor area has been transferred. A certified copy of such instruments shall be filed with the Commission upon recordation thereof.

For the purpose of any transfer of floor area in the Special United Nations Development District, the total permitted floor area of any tax lot from which floor area is transferred shall be the maximum floor area permitted under this Chapter for a commercial building, less the total floor area of any building on the tax lot.

The minimum front setback of a building on any portion of 45th Street within the Special United Nations Development District, more than 100 feet from First Avenue, shall be not less than 10 feet from the street line, and required yards within the Special United Nations Development District shall not be less than 20 feet in depth.

For a residential building or the residential portions of any mixed-use building located on the north side of 44th Street within the Special United Nations Development District, the provisions of Sections 23-532 (Required rear yard equivalents) and 23-711 (Standard minimum distance between buildings) shall not apply. Notwithstanding anything in this Resolution to the contrary, the minimum distance between a residential portion of a building and any other building on the same zoning lot within the Special United Nations Development District shall be not less than 28 feet.

For any building containing residences within the Special United Nations Development District, the applicable density requirements may be modified, but in no event shall there be less than 395 square feet of residential floor area per dwelling unit.

As a condition for granting such authorizations, in each case the Commission shall make the following findings:

(a)        that the land use intensity and distribution of bulk of the total development permit better site planning and significantly achieve the specific purposes for which the Special United Nations Development District is established; and

(b)        that all new buildings or other structures erected within the Special United Nations Development District are in compliance with the special height requirements set forth in Section 85-05 of this Chapter.

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