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ENB - Region 2 Notices 1/13/2016

Negative Declaration

New York County (Brooklyn) - The New York City Planning Commission, as lead agency, has determined that the proposed 25 Kent Avenue will not have a significant adverse environmental impact. The action involves the following:

1. Zoning Text Amendment creating a new Zoning Resolution section 74-96 special permit:

New York City Department of City Planning (NYC DCP) and Kent Acquisition LLC are proposing to create a new special permit pursuant to ZR 74-96 and identifying the special permit's applicable geography, described as an "Enhanced Business Area." Within this geography, a New York City Planning Commission (NYCPC) special permit would allow the increase in floor area for certain commercial and light industrial uses (Incentive Uses) when required light industrial and manufacturing uses (Business Enhancing Uses) are provided within a proposed development. The new special permit would allow the NYCPC to modify use, bulk, parking, and loading regulations for properties within the proposed project area if certain conditions and findings are met.

Proposed definitions within ZR 74-96:

  • Enhanced Business Area - a geographic area for which the new special permit can be applied. An Enhanced Business Area has a bonus ratio and maximum FAR that is based on the underlying zoning district.
  • Business Enhancing Uses - Use Groups 11A, 16A, 16B, 17B, and 17C, as specified in Sections 32-20, 32-25, and 42-14 of the Zoning Resolution, as well as beverages, alcoholic or breweries as listed in Section 42-15. These would be the required uses within a new development or enlargement applying for the NYCPC special permit.
  • Incentive Uses - as-of-right commercial and light industrial uses as permitted by the underlying M1-2 district, with the exception of transient hotels in Use Group 5, as specified in Section 32-14; uses in Use Groups 6A and 6C as specified in Section 32-15; uses in Use Group 8C as specified in Section 32-17; uses in Use Group 10A as specified in Section 32-19; uses in Use Groups 12 and 13 as specified in Sections 32-21 and 32-22; and moving or storage offices with no limitation as to storage or floor area per establishment, packing or crating establishments, and warehouses as specified in Section 32-25.

Proposed applicable geography per ZR 74-96:

Kent Avenue Enhanced Business Area per ZR 74-96, the applicable Kent Avenue Enhanced Business Area is an M1-2 district as drawn on a map within the Text Amendment but generally bounded by Kent Avenue, North 9th Street, a line parallel to and 250 feet east of Wythe Avenue, Banker Street, North 15th Street, Gem Street, Meserole Avenue, and Franklin Street, within Community District 1, Borough of Brooklyn. The proposed project area's current M1-2 zoning district allows 2.0 FAR of commercial and light industrial uses as-of-right. The proposed special permit would allow the NYCPC to approve developments that include a mix of as-of-right uses, "Business Enhancing Uses," and "Incentive Uses." Within the proposed "Kent Avenue Enhanced Business Area," the bonus incentive uses can be increased by 1 square foot of floor area for each 3.5 square feet, up to a maximum of 4.8 FAR for the total development.

2. Special permit approval for modification of maximum allowable floor area, maximum allowable height, and modification of public plaza requirements per ZR 74-962. Kent Acquisition LLC is requesting a NYCPC special permit approval to allow (i) the increase of total development floor area from 2.0 FAR (160,000 square feet) to 4.75 FAR (380,097 square feet); (ii) allow an increase in the proposed development's maximum height from 110-feet to 135-feet; and (iii) the modification of public plaza requirements set forth in ZR 37-70, specifically 37-713 plaza proximity to an existing open space and 37-76(b) public plaza proximity to public entrance.

3. Special Permit approval for modification of accessory off-street parking space and loading berth requirements per ZR 74-963: Kent Acquisition LLC is requesting a NYCPC special permit approval to allow (i) the reduction in the number of required off-street accessory parking spaces from 1,267 to 275; and (ii) a reduction in the number of required off-street accessory loading berths from ten to three.

The proposed actions will facilitate a proposal by the applicant, 19 Kent Development LLC, to construct a 380,097 zoning square feet (485,156 gross square foot), 4.75 FAR development consisting of commercial, industrial and retail space on Block 2282, Lot 1 within the Williamsburg neighborhood in Brooklyn, Community District 1, New York.

The Proposed Development would consist of eight stories and would be approximately 135 feet tall (excluding rooftop mechanical equipment). The Proposed Development would include approximately 169,768 gross square foot (159,848 zoning square foot) of Permitted Uses or As-of-right uses (1.99 FAR), approximately 165,921 gross square foot (156,533 zoning square foot) of Incentive Uses (1.96 FAR), and approximately 70,722 gross square foot (63,714 zoning square foot) of Business Enhancing Uses (0.79 FAR). The Proposed Development would also provide three loading docks and a 275 space below-grade parking garage. Additionally, two 7,200 square foot public plazas are proposed on opposite corners of the Development Site (one would be located on the north-west corner of Wythe Avenue and North 12th Street and the other would be located on the south-east corner of Kent Avenue and North 13th Street). Finally, an approximately 13,838 gross square foot covered publicly-accessible pedestrian walkway is proposed on the ground floor approximately midway between North 12th Street and North 13th Street which would provide connectivity east-west through the Development Site.

The affected area is zoned M1-2 and is located within the 175-block area rezoned in the 2005 Greenpoint-Williamsburg Rezoning. M1 districts are often buffers between M2 and M3 districts and adjacent residential or commercial districts. Nearly all industrial uses are allowed in M1 districts if they meet the stringent M1 performance standards. Offices, hotels, and most retail uses are also permitted. Certain community uses, such as ambulatory care facilities and houses of worship are permitted as-of-right. M1-2 districts allow maximum FAR of 2.0 for manufacturing and commercial uses and up to 4.8 for community facility uses, and building height and setbacks are controlled by a sky exposure plane. Within M1-2 districts, off-street parking is required. Prior to the 2005 Greenpoint-Williamsburg Rezoning, the Development Site was zoned M3-1.

New York City Department of Building (NYC DOB) issued a permit allowing the construction of an 11 story commercial and community facility office building containing 605,536 gross square foot (383,040 zoning square foot), including 1,100 parking spaces. This building, which is permitted as-of-right by the underlying M1-2 district, would rise to a height of 157 feet above curb level. On February 20, 2014, pursuant to Demolition Permit No. 320961562, the Development Site was granted approval to begin site clearance and in August, 2014 pursuant to New Building Permit No. 320591944, was granted approval to begin construction of the foundations for this building. Currently, the site is enclosed by construction fencing and foundation work has begun for the approved, as of-right building.

The proposed project is expected to be completed by 2018.

To avoid the potential for significant adverse impacts related to air quality and noise, an (E) designation has been incorporated into the proposed actions, as described below and would apply to the Development Site (Block 2282, Lot 1).

The text of the (E) designation for air quality is as follows:

Any new commercial development on Block 2282, Lot 1 must exclusively use natural gas as the type of fuel for heating, ventilating, air conditioning (HVAC) and hot water systems. The location of any hot water stacks and one HVAC stack shall be restricted to at least 160 feet from the southerly lot line facing N 12th Street and 110 feet from the easterly lot line facing Wythe Avenue to avoid any potential significant adverse air quality impacts. If the HVAC emissions are evenly distributed between two stacks, one stack shall be located at least 160 feet from the southerly lot line facing N 12th Street and 80 feet from the easterly lot line facing Wythe Avenue, and the other stack shall be located at least 50 feet from the southerly lot line facing North 12th Street and 120 feet from the easterly lot line facing Wythe Avenue. All HVAC and hot water stacks shall be located at a minimum of 138 feet above grade.

The text of the (E) designation for noise is as follows:

To preclude the potential for significant adverse air quality impacts from any Business Enhancing use developed pursuant to Zoning Resolution Section 74-962, emission stack(s) must be located at least 110 feet from southerly lot line facing N 12th Street and 120 feet from the easterly lot line facing Wythe Avenue and at least 138 feet above grade to avoid any potential significant adverse air quality impacts. Automobile and woodworking related uses are prohibited.

Contact: Robert Dobruskin, NYC DCP, 120 Broadway, 31st Floor, New York, NY 10271, Phone: (212) 720-3321, Email: rdobrus@planning.nyc.gov


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