74-752 - Educational Construction Fund projects in certain areas

LAST AMENDED9/26/2018


In C6-9 Districts within the #Special Downtown Brooklyn District#, for #developments#, #enlargements# or #conversions# that
include one or more #schools# on a tract of land owned by the New York City Educational Construction Fund, the City
Planning Commission may permit the modifications set forth in paragraph (a) of this Section. For the purposes of this Section, a
tract of land 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.

(a)   Modifications

        The Commission may modify:

       (a)    applicable ground floor #use# regulations;

       (a)    in a #Mandatory Inclusionary Housing area#, the affordable housing requirements of paragraph (d) of Section
              23-154 (Inclusionary Housing);

       (a)    other #bulk# regulations, except that the maximum permitted #floor area ratio# may not be increased; and

       (a)    #accessory# off-street parking and loading berth requirements.

(b)    Findings

        To grant a special permit pursuant to this Section, the Commission shall find that:

        (1)    such modifications will facilitate the construction of one or more #schools# on the #zoning lot#;

        (2)    such ground floor #use# modifications will improve the layout and design of the #school# or #schools#, shall not
                have an adverse effect on the #uses# located within any portion of the #zoning lot# and will not impair the
                essential character of the surrounding area;

        (3)    such modifications to the affordable housing requirements in a #Mandatory Inclusionary Housing area# will
                facilitate significant public infrastructure or public facilities, including one or more #schools#, addressing needs
                that are not created by the proposed #development#, #enlargement# or #conversion#;

        (4)    such #bulk# modifications will result in a better site plan for the #school# or #schools# and will have minimal
                adverse effects on the surrounding area;

        (5)    such parking and loading modifications will improve the layout and design of the school and will not create
                serious traffic congestion or unduly inhibit vehicular or pedestrian movement and will not impair or adversely
                affect the development of the surrounding area.

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