New plan for Pelham Gardens, Laconia and Baychester. The City Council approved the proposed rezoning of 163 blocks in the Bronx, covering portions of Pelham Gardens, Laconia and Baychester located north of Pelham Parkway and east of Williamsbridge and Boston Roads. The new zoning is designed to preserve the existing neighborhoods’ character with lower density and contextual zoning districts and to prevent out-of-character development.

The neighborhoods’ zoning (R3-2, R4 and R5) has allowed for rowhouse development and multifamily apartments which the Planning Department found incompatible with the scale of existing homes in the neighborhoods. The Planning Department proposed down-zoning some areas and slightly increasing the permitted size of development in other areas primarily along Gun Hill Road and in proximity to the No. 5 Subway Line station, which could support increased density. The commercial zoning along Gun Hill Road was also modified to increase the type of retail uses permitted as of right and encourage new mixed-use development. (more…)

Queens community rezoned at request of residents. On July 27, 2005, the City Council approved a 103-block rezoning in East Flushing. The proposed rezoning was initiated by the Planning Department in response to requests of the East Flushing Civic Association, the Off-Broadway Homeowners’ Association, Community Board 7 and a zoning task force created by Borough President Helen Marshall’s office. The groups raised concerns that the 1961 zoning did not reflect building patterns in the area and encouraged out-of-character development.

A majority of the rezoned areas, from 149th Street to 166th Street, had allowed as-of-right construction of large multi-family buildings in streets generally developed with single or two-family homes. These areas were down-zoned to districts restricting density to one and two-family structures (R2, R4-1 and R4A). Along East Flushing’s major thoroughfares, Northern Boulevard and Crocheron Avenue, the new zoning (R6B) would allow mixed-use development. The existing commercial overlay was extended to 159th Street, but its depth of coverage was decreased to prohibit commercial uses from encroaching on established residential streets. (more…)

Community claims developer poured foundation after effective date of rezoning. On June 7, 2005, BSA granted a permit extension, allowing work to continue on the development of a single-family home located at 102 Greaves Avenue in Great Kills, Staten Island that did not comply with the zoning requirements set by a Staten Island 2004 down-zoning. 1 CityLand 4 (Oct. 15, 2004). Work on the single-family home was required to stop on August 12, 2004, and BSA was required to find that the applicant completed excavation work and made substantial progress on the home’s foundation prior to that date.

At the BSA hearing, the applicant submitted receipts, photographs and letters from Buildings, a contractor’s affidavit and proof that 64 percent of the foundation cost had already been incurred. Community Board 3 and Council Member Andrew Lanza opposed the permit extension, claiming that community members witnessed the applicant pouring the concrete foundation after the rezoning date. (more…)

Staten Island Council Member wins approval for down-zoning despite strong concerns of Commissioners Merolo and Phillips. Council Member Andrew J. Lanza, representative for District 51 on the south shore of Staten Island, sought two map amendments for the Eltingville and Tottenville sections of Staten Island, which would predominantly restrict new development to single-family homes

In Eltingville, Council Member Lanza sought to rezone 12 blocks bound by Richmond Avenue, Koch Boulevard, Hayes Avenue and Hylan Boulevard. The area, which had been down-zoned in 1997, would be rezoned from a R3A to R1-2, allowing only single-family homes as-of-right and requiring 40-foot-wide lots. The Tottenville rezoning would cover 65 blocks bound by Arthur Kill Road to the north, the Arthur Kill to the west, Raritian Bay to the south and Page Avenue to the east. The current R3A district would be changed to R1-2 and R3X to restrict a portion to single- family homes and require large lots for any two-family homes. Tottenville had been contextually rezoned in 1995, 1996 and 1997. (more…)

Developer wins exception to down-zoning. Over the no-vote of Council Member Tony Avella, the full Council voted to down-zone 120 blocks of Bensonhurst, Brooklyn, carving out one area to retain its existing zoning in response to a Bensonhurst developer’s request.

Due to residents’ concerns over large towers replacing Bensonhurst’s single-family homes, the Planning Department filed a map amendment, proposing to eliminate the R6 zoning, which dominated the area and permitted as-of-right residential towers without a height limit. In its place, the rezoning proposed a range of zoning districts, allowing large residential developments along major thoroughfares, such as Avenues S, T, O and Kings Highway, and limiting development to single and two-family homes along the mid-blocks of streets. (more…)