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Land Use, Housing & Zoning
ULURP # N 060433 ZRM Zoning Text Amendment to clarify theater transfer provisions at a portion of the Martin Beck Theater located within the Special Clinton District Preservation Area
WHEREAS, The Martin Beck Theater (also called the Al Hirshfeld Theater) (a) is located at 302 West 45th Street in Community Board Four, (b) is a “Listed Theater” pursuant to ZR§81-742 and (c) is located on a split lot partially within the Special Midtown District Theater Subdistrict and partially within the Special Clinton District; and
WHEREAS, The portion of the Martin Beck Theater within the Special Clinton District is zoned C6-2 and carries and FAR of 4.2, and, under the current zoning, is not eligible to transfer its unused development rights to receiving sites within the Theater Subdistrict; and
WHEREAS, The portion of the Martin Beck Theater located within the Special Midtown Theater Subdistrict is eligible for the transfer of development rights to non-contiguous receiving sites in the Theater Subdistrict and Jujamcyn Theaters LLC, SJP Residential Properties and Fifth Street Holdings, LLC (collectively, the “Applicant”) have separately applied for the transfer of 36,437 square feet to two receiving sites, and
WHEREAS, The proposed text amendment will (a) permit any portion of a “Listed Theater” that is outside of the Theater Subdistrict (of which the Martin Beck is the only one) to be deemed a “granting site” able to transfer its unused development rights in conformance with ZR§81-744, and (b) change the FAR of a “granting site” located outside the Theater Subdistrict and in a C6-2 zoning district to 6.02; and
WHEREAS, The effect of the proposed text amendment will be to increase available development rights on the C6-2 portion of the Martin Beck Theater from 23,567 sf to 37,379 sf ; and
WHEREAS, All the other “Listed Theaters” are east of Eighth Avenue and are located in zoning districts with significantly higher FAR, mostly FAR of 12.0 or 15.0; and
WHEREAS, The opportunity to transfer development rights is a significant part of New York City’s plan to preserve and maintain legitimate theaters in the Theater Subdistrict; therefore let it be
RESOLVED, That Community Board Five recommends approval of the text amendment to the Zoning Resolution modifying certain provisions of the Special Midtown District and the Special Clinton District.
The above resolution passed with a vote of 27 in favor, 10 opposed, 1 abstention.