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ENB - Region 2 Notices 7/20/2016

Revised Negative Declaration

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

**This Revised Negative Declaration analyzes proposed City Council modifications including: modification of the defined term "required industrial use" to include additional restrictions, a requirement that temporary certificates of occupancy for the incentive space be preceded by temporary certificates of occupancy for the required industrial space, additional language providing clarity on when a building owner is required to update its website, language establishing a third-party monitoring and reporting role for the "required industrial use" spaces, and finally, non-substantive technical changes related to the information sign (placard).**

The applicant, 19 Kent Acquisition LLC is seeking:

1. Zoning Text Amendment creating a new Zoning Resolution Section 74-96 Special Permit:
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 "Industrial Business Incentive Area." Within this geography, a CPC special permit would allow an increase in floor area for certain commercial and light industrial uses ("Incentive Uses") when required light industrial and manufacturing uses ("Required Industrial Use") are provided within a proposed development. The new special permit would allow the CPC 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:

  • Industrial Business Incentive Area - a geographic area for which the new special permit can be applied. An Industrial Business Incentive Area (IBIA) has a bonus ratio and maximum FAR that is based on the underlying zoning district (note: in the Environmental Assessment Statement dated December 31, 2015, this area was referred to as an "Enhanced Business Area").
  • Required Industrial Use- a use that helps achieve a desirable mix of commercial and manufacturing uses in an Industrial Business Incentive Area, and that generates additional floor area pursuant to provisions set forth in Section 74-962 and is: listed in Use Groups 11A, 16A excluding "automobile, motorcycle, trailer, or boat sales," "motorcycle or motor scooter rental establishments," "stables for horses," "riding academies," "trade schools for adults," "crematoriums, human," "poultry or rabbit killing establishments," "animal hospitals and kennels" and "animal pounds or crematoriums", 16B, 17B and 17C, as specified in Sections 32-20 (Use Group 11), 32-25 (Use Group 16) and 42-14 (Use Group 17). Any diagnostic medical laboratories that receive patients shall in no event be considered a required industrial use; and "beverages, alcoholic or breweries" as listed in Section 42-15 (Use Group 18A), where permitted by the provisions of the applicable zoning district, provided the applicable performance standards pursuant to Section 42-20 are met.
  • 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 Industrial Business Incentive Area per ZR 74-96, the applicable Kent Avenue Industrial Business Incentive Area is an M1-2 district as drawn on a map within the Text Amendment but bounded by Kent Avenue on the west, North 13th Street on the north, Wythe Avenue on the east, and North 12th Street on the south, 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 CPC to approve developments that include a mix of as-of-right uses, "Required Industrial Uses," and "Incentive Uses." Within the proposed "Kent Avenue Industrial Business Incentive 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 CPC 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 CPC 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 gsf), 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. The project site is bounded by North 13th street to the North, North 12th Street to the South, Wythe Avenue to the East, and Kent Avenue to the West. The boundaries of the Industrial Business Incentive Area correspond to the boundaries of the proposed project site.

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 gsf (159,848 zsf) of Permitted Uses or as-of-right uses (1.99 FAR), approximately 165,921 gsf (156,533 zsf) of Incentive Uses (1.96 FAR), and approximately 70,722 gsf (63,714 zsf) of Required Industrial Use (0.79 FAR). The Proposed Development would also provide three loading docks and a 275-space below-grade parking garage. Additionally, two 7,200 sf 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 gsf 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 gsf (383,040 zsf), 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 (E-373) has been incorporated into the proposed actions, as described below and would apply to the Development Site (Block 2282, Lot 1).

The project is located 25 Kent Avenue (Block 2282, Lot 1), Brooklyn, NY.

Contact: Robert Dobruskin, NYC Department of City Planning, 120 Broadway, 31st Floor, New York, NY 10271; Phone: (212)720-3423; Fax: (212)720-3488, E-mail: rdobrus@planning.nyc.gov


Negative Declaration

New York County (Manhattan) - The City Planning Commission, as lead agency, has determined that the proposed Barnett Avenue Rezoning will not have a significant adverse environmental impact.

The Applicant, the Zimak Company, is seeking a Special Permit pursuant to New York City Zoning Resolution (ZR) Section 74-711 (Landmark preservation in all districts) to modify bulk regulations related to height, street wall recess, side yard requirements and inner court regulations (the "Proposed Action"). The Proposed Action would facilitate a proposal by the Applicant to enlarge an existing six-story plus penthouse residential-commercial building located at 1290 Madison Avenue (Block 1503, Lot 56, the "Project Site") in the Carnegie Hill neighborhood of Manhattan, Community District 8. The Project Site is in an R10/C1-5 district within the Special Madison Avenue Preservation District as well as within the Carnegie Hill Historic District.

In conjunction with the Proposed Action, the New York City Landmarks Preservation Commission (LPC) issued a Certificate of Appropriateness on January 12, 2016, approving specific alterations and additions to the existing building.

The building at the Project Site currently contains 10 vacant dwelling units on floors 2 through 6 (totaling 17,359 gsf) and 6,477 gsf of UG 6 commercial retail space at the ground floor, with accessory commercial storage in the cellar. The Project Site is located within the Carnegie Hill Historic District which encompasses a residential community primarily characterized by rows of brick and brownstone houses, freestanding townhouses, apartment buildings and hotels that were built between the 1870s and 1930s. The underlying R10/C1-5 zoning districts permit a maximum residential FAR of 10.0 and a maximum commercial FAR of 1.0 at the ground floor level, while the Special Madison Avenue Preservation District provides specific bulk and street wall provisions for the purposes of preserving and reinforcing the retail and residential character of Madison Avenue and the surrounding area between East 61st Street to East 96th Streets.

The Applicant proposes to enlarge the building footprint to accommodate new code-compliant elevator and stairways along the western lot line, and a one-story service corridor along the southern lot line. As part of the proposed enlargement, the existing penthouse would also be replaced with a new seventh floor and penthouse. In addition to the enlargement and new seventh floor plus penthouse, the Applicant proposes to remove the fire escapes from the 92nd Street elevation, install three metal balconies at the south elevation, reinstate the building's original cornice and other features of the building's historic design, and provide continuing maintenance of the building.

To facilitate the Applicant's proposal, the Proposed Action would modify the following bulk regulations: a waiver of the height limits of ZR Section 23-692 (Height limitations for narrow buildings or enlargements) to allow the building to have a height that exceeds 80 feet; a waiver of the requirements of ZR Section 99-052(3) (Recesses, balconies and dormers) to allow the proposed seventh story addition to have a façade without recesses for a length of 25 percent of the street wall to a depth of at least 5 feet; a waiver of the requirements of ZR Section 35-52 (Modification of side yard requirements), to allow the proposed seventh floor to have a setback width of less than 8 feet; and a waiver of the requirements of ZR Section 23-85 (Inner court regulations), to allow an inner court of less than 1,200 square feet in order to accommodate an enlargement of the building footprint and the addition of a code compliant elevator and stairways.

The proposal would increase the building's height to approximately 95 feet, increase the residential floor area from 17,359 gsf to 21,944 gsf, and increase the commercial floor area from 6,477 gsf to 7,072 gsf on the ground floor. Although the amount of residential floor area would increase, the Applicant intends to reduce the number of dwelling units from ten to eight, with an average unit size of 2,700 gsf. For the purposes of environmental review, the Environmental Assessment Statement conservatively assumes an average dwelling unit size of 750 gsf, resulting in 29 dwelling units.

Absent the proposed action, the existing building would be re-occupied with residential tenants (ten dwelling units) and would otherwise remain unchanged from the existing condition.

The proposed project is expected to be completed by 2018.

The project is located at 1290 Madison Avenue (Block 1503, Lots 56), New York, NY (Manhattan).

Contact: Robert Dobruskin, NYC Department of City Planning, 120 Broadway, 31st Floor, New York, NY 10271; Phone: (212)720-3423; Fax: (212)720-3488, E-mail: rdobrus@planning.nyc.gov


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