§ 128-61 Special Permit for North Waterfront Sites
ZR § 128-61
In the North Waterfront Subdistrict, for Parcels 1 and 2, and for improvements to the publicly accessible waterfront open space, provided in connection with the development of such parcels, as applicable, the City Planning Commission may approve, by special permit, a development plan for each such parcel and an improvement plan for the publicly accessible waterfront open space. For any application for such special permit, the applicant shall provide plans to the Commission, including but not limited to a site plan, interim parking plan, signage plan, lighting plan and an improvement plan for the publicly accessible waterfront open space (the “Proposed Plans”). Such Proposed Plans shall be subject to the conditions set forth in paragraphs (a) through (e) and the findings set forth in paragraph (f) of this Section.
Pursuant to such Proposed Plans, the Commission may:
(a)permit the following use modifications:
(1)commercial uses listed under Use Group VI, with a size limitation, as denoted in the Use Group table with an “S”, may be permitted without size limitation;
(2)outdoor amusement parks listed under Use Group VIII may be permitted without size limitation;
(3)public parking garages with more than 150 spaces may be permitted;
(4)temporary public parking lots or public parking garages with more than 150 spaces, supplied in connection with an interim parking plan, may be permitted, provided that:
(i)the applicable findings of Section 74-51 Public Parking Garages of Public Parking Lots Outside High Density Central Areas) are met by each such temporary public parking facility;
(ii)such temporary public parking lots or public parking garages with more than 150 spaces, may be located off-site or beyond the boundaries of the Special St. George District only as set forth in the interim parking plan. Any change in the location of such temporary public parking facility with more than 150 spaces, or any increase in the number of spaces in a temporary public parking facility to more than 150 spaces, or any addition of a public parking facility with more than 150 spaces provided in connection with such interim parking plan, shall be subject to further approval by the City Planning Commission and referred to the applicable Community Board(s) for review; and
(iii)the permit to operate such public parking lots or public parking garages shall expire 30 days after the Department of Buildings issues a certificate of occupancy for all permanent public parking facilities on Parcel 2;
(b)where such development is located partially or entirely on or over a railroad right-of-way or former railroad right-of-way:
(c)permit signs pursuant to a signage plan, subject to the following conditions:
(5)on Parcel 1:
(6)on Parcel 2:
(7)the total surface area of all signs on Parcel 2 facing the shoreline, or that are within 15 degrees of being parallel to the shoreline, shall not exceed:
(d)through approval of the Proposed Plans, establish appropriate requirements in lieu of the following Special St. George District regulations:
Section 128-11 (Streetscape Regulations);
Section 128-54 (Special Requirements for Roofs of Parking Facilities); and
(e)through approval of the Proposed Plans:
(f)The Commission shall find that the Proposed Plans:
(8)provide adequate parking and loading to meet the demand for all users during peak utilization;
(9)provide adequate parking for commuters at locations convenient and accessible to the Staten Island Ferry Terminal at all times and during all phases of construction;
(10)provide signage and lighting that are compatible with the scenic and historic character of the harbor and that will not adversely affect the character of the surrounding neighborhood;
(11)for a public parking garage with more than 150 parking spaces, will ensure that:
(12)for a development located partially or entirely on or over a railroad right-of-way or former railroad right-of-way
The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area. In addition, for a development located partially or entirely on or over a railroad right-of-way, the Commission may require that the structural design of such development makes due allowance for changes within the layout of tracks or other structures within any railroad right-of-way which may be deemed necessary in connection with future development or improvement of the transportation system.
Prior to granting a special permit, the Commission shall request the Metropolitan Transportation Authority to indicate whether said agency has any plan to use that portion of any former railroad right-of-way.
The execution and recordation of a restrictive declaration acceptable to the Commission, binding the owners, successors and assigns to maintain such developments, enlargements, alterations, changes of use, and any temporary parking facilities, in accordance with the approved Proposed Plans, and in a manner consistent with any additional conditions and safeguards prescribed by the Commission, shall be a condition to exercise of the special permit. Such restrictive declaration shall be recorded in the Office of the County Clerk. A copy of such declaration shall be provided to the Department of Buildings upon application for any building permit related to a development, enlargement or change of use.
