
Rendering of 3901 9th Avenue. Image credit: CPC/Sheldon Lobel P.C.
Rezoning application will allow new residential building and bring non-conforming buildings to conformity. On August 22, 2018, the City Planning Commission held a public hearing on the 3901 9th Avenue Rezoning application submitted by 39 Group Inc. and represented by Matthew Schommer of Sheldon Lobel P.C. The applicants are proposing to a new building at the corner of 9th Avenue and 39th Street on the Sunset Park and Borough Park border in Brooklyn. (more…)

Sunset Park Rezoning used with permission of NYC DCP. All rights reserved.
This article was originally published on 10/15/2011 (see below for update).
Dissent argued that City only belatedly added consideration of rezoning’s impact on low-income residents. In April 2009, the Department of City Planning proposed a 128-block contextual rezoning of Sunset Park, Brooklyn. Planning sought to preserve the residential neighborhood’s built character while allowing new construction at a height and scale consistent with existing development. The proposal called for establishing height limits, mapping new commercial overlays to allow a wider range of uses, and applying the inclusionary housing program along certain corridors to encourage the creation of affordable housing and allow increased residential development. After conducting an environmental assessment, Planning determined the rezoning would have no significant adverse impacts and issued a negative declaration. Residents and community groups opposed to the plan claimed that Planning had not adequately considered the rezoning’s socio-economic impact, and argued that it would lead to the displacement of low-income residents. The City Council approved the plan in September 2009.
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Community groups had claimed City should have conducted a detailed environmental review for 128-block rezoning. In April 2009, the Department of City Planning proposed a 128-block rezoning in Sunset Park, Brooklyn. The rezoning sought to prevent out-of-scale development in the residential neighborhood by applying contextual zoning districts, establishing height limits, and mapping commercial overlays on appropriate blocks to match the area’s built character. The plan included applying the City’s Inclusionary Housing Program provisions to create affordable housing and increase residential density along two targeted corridors.
Planning conducted an environmental assessment of the proposal and issued a negative declaration. Planning determined that the rezoning would have no significant effect on the environment, and on September 30, 2009, the City Council approved the rezoning. (more…)
Community groups expressed concern that 128-block rezoning would displace low-income residents. On September 30, 2009, the City Council approved the Department of City Planning’s proposal to rezone 128 blocks of Brooklyn’s Sunset Park in order to address recent out-of-scale development inconsistent with the area’s predominantly residential character. The plan replaces the neighborhood’s R6 zoning with contextual zoning districts — R4A, R4-1, R6B, R6A, and R7A — that match the area’s context and also establish maximum height limits. The plan includes applying R6B zoning to portions of 121 residential side streets and rezoning 101 partial commercial blocks along Fourth and Seventh Avenues to R7A. To promote the construction of affordable housing, the City’s Inclusionary Housing Program will apply to the R7A district.
At the City Planning Commission’s July 1 hearing, representatives of the Sunset Park Alliance of Neighbors (SPAN) testified in opposition. They claimed that Planning did not properly consider the potential displacement of current residents. Residents argued that height limits along the avenues were too high and would block views of downtown Brooklyn. The Commission approved the plan without modifications, noting that it had been refined through a thorough public review. 6 CityLand 122 (Sept. 15, 2009). (more…)

Proposed Sunset Park Rezoning used with permission of the New York City Department of City Planning. All rights reserved.
128-block rezoning would establish height limits in Sunset Park. On August 5, 2009, the City Planning Commission approved the Department of City Planning’s rezoning proposal for Brooklyn’s Sunset Park. The majority of the 128-block rezoning area is bounded by 40th Street to the north, the Gowanus Expressway to the south, Eighth Avenue to the east, and Third Avenue to the west, with a small area to the north, bounded by 29th and 37th Streets, and Fourth and Fifth Avenues.
Sunset Park is a predominantly residential neighborhood characterized by two- to four-story rowhouses along side streets, and five- to six-story apartment buildings found on the avenues, including retail and commercial corridors along Fourth, Fifth, and Seventh Avenues. There are also two small pockets of detached and semi-detached houses in the southwest corner of the rezoning area.
Under its current R6 zoning, the area has experienced an increase in development resulting in out-of-scale apartment buildings that are inconsistent with its low-rise context. The proposal would replace the R6 zoning with contextual zoning districts — R4A, R4-1, R6B, R6A, and R7A — that more closely match the area’s diverse, built context. (more…)