74-751 - Educational Construction Fund in certain districts

LAST AMENDED9/26/2018

In R5, R6, R7, R8, R9 or R10 Districts, in C1 or C2 Districts mapped within such #Residence Districts#, or in C1-6, C1-7, C1-
8, C1-9, C2-6, C2-7, C2-8, C4, C5, C6 or C7 Districts, for combined #school# and #residences# including air rights over
#schools# built on a #zoning lot# owned by the New York City Educational Construction Fund, the City Planning Commission
may permit utilization of air rights; modify the requirements that open area be accessible to and usable by all persons occupying a
#dwelling unit# or #rooming unit# on the #zoning lot# in order to qualify as #open space#; permit ownership, control of access
and maintenance of portions of the #open space# to be vested in the New York City Educational Construction Fund or City
agency successor in title; permit modification of #yard# regulations and height and setback regulations; permit the distribution
of #lot coverage# without regard for #zoning# #lot lines# for a #zoning lot# containing the Co-op Tech High School in
Manhattan Community District 11; authorize the total #floor area#, #open space#, #dwelling units# or #rooming units#
permitted by the applicable district regulations on such site to be distributed without regard for district boundaries; and
authorize an increase of 25 percent in the number of #dwelling units# or #rooming units# permissible under the applicable
district regulations. For the purposes of this Section, a #zoning lot# owned by the New York City Educational Construction
Fund may also include a tract of land under single fee ownership or alternate ownership arrangements according to the #zoning
lot# definition in Section 12-10, when such tract of land includes a parcel which was the site of a public school listed in the
following table.


                                School                        Community District


                                P.S. 151                      CD 8, Manhattan


The total number of #dwelling units# or #rooming units# and #residential# #floor area# shall not exceed that permissible for a
#residential# #building# on the same #zoning lot#.

The distribution of #bulk# on the #zoning lot# shall permit adequate access of light and air to the surrounding #streets# and
properties.

As further conditions for such modifications:

(a)    the #school# and the #residence# shall be #developed# as a unit in accordance with a plan approved by the Commission;

(b)    at least 25 percent of the total #open space# required by the applicable district regulations, or such greater percentage as
        may be determined by the Commission to be the appropriate minimum percentage, shall be accessible exclusively to the
        occupants of such #residence# and under the direct control of its management;

(c)    notwithstanding the provisions of Section 23-12 (Permitted Obstructions in Open Space), none of the required #open
        space# shall include driveways, private streets, open #accessory# off-street parking spaces or open #accessory# off-street
        loading berths; and

(d)    the Commission shall find that:

        (1)    a substantial portion of the #open space# which is not accessible exclusively to the occupants of such #residence#
                will be accessible and usable by them on satisfactory terms part-time;
        (2)    playgrounds, if any, provided in conjunction with the #school# will be so designed and sited in relation to the
                #residence# as to minimize any adverse effects of noise; and

        (3)    all #open space# will be arranged in such a way as to minimize friction among those using #open space# of the
                #buildings or other structures# on the #zoning lot#.

The Commission shall give due consideration to the landscape design of the #open space# areas. The Commission shall also give
due consideration to the relationship of the #development# to the #open space# needs of the surrounding area and may require
the provision of a greater amount of total #open space# than the minimum amount required by the applicable district
regulation where appropriate for the purpose of achieving the #open space# objectives of the #Residence District# regulations.

The Commission may prescribe other appropriate conditions and safeguards to enhance the character of the surrounding area.