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Land Use, Housing & Zoning
Dept of City Planning proposed zoning text amendment regarding Privately Owned Public Space Signage and Amenities, which would require public space signage and permit movable tables and chairs in plazas and arcades where they are currently prohibited.
At the regularly scheduled monthly Community Board Five meeting on Thursday, July 11, 2019, the following resolution passed with a vote of 34 in favor; 0 opposed; 1 abstaining and 1 present but not entitled to vote:
WHEREAS, The Department of City Planning (DCP) is proposing a Zoning Text Amendment regarding signage and amenities in Privately Owned Public Spaces (POPS); and
WHEREAS, The proposed zoning text amendment would facilitate the updating of the existing public space symbol, require public space signage for various types of POPS, and permit publicly accessible, moveable tables and chairs to be placed in plazas and arcades where they are currently prohibited; and
WHEREAS, The proposed zoning text amendment would modify the following sections of the Zoning Resolution:
- 37-53 | Design Standards for Pedestrian Circulation Spaces
- 37-61 | Design Standards 37-626 Moveable tables and chairs
- 37-751 | Public space signage systems
- 37-80 | ARCADES
- 37-81 | Moveable Tables and Chairs
- 74-872 | Design requirements for covered pedestrian spaces
- APPENDIX E | Design Requirements for Plazas, Residential Plazas and Urban Plazas Developed Prior to October 17, 2007
WHEREAS, The proposed zoning text amendment is in response to Local Law 116, passed by the NYC City Council and signed into law in 2017, that requires that DCP compile and furnish up-to-date data on POPS, and requires public space signage at all POPS as defined in the Local Law; and
WHEREAS, The Department of City Planning organized an international design competition to create a new logo for the POPS; and
WHEREAS, The Department of City Planning is proposing to permit an unlimited and unregulated number of publicly accessible moveable tables and chairs to be placed in plazas and arcades constructed between 1961 and 1975, when obstructions such as trees and furniture were prohibited; and
WHEREAS, Although the overall purpose of the zoning text amendment is positive and would enhance the experience of POPS users, numerous issues remain unresolved while new issues arise from the proposal:
- the number, style, size, design of movable furniture permitted as-of-right in plazas built prior to 1975 must be clearly determined so as to respect the current design standards for new POPS, as an unlimited number of movable pieces of furniture would create chaos in our congested district (there are 46 plazas completed before 1975 in CB5; or 46% of all POPS in CB5);
- signage must be mandated at each entrance as well as near locations where people tend to congregate, such as near seating areas,
- DCP must be able to uphold specific signage requirements agreed upon between a POPS operator and the local community board,
- DCP must ensure that Department of Building inspectors tasked with enforcement are well trained so as to avoid violations being cited under the incorrect ZR section as it happened in CB5,
- DCP must codify and support enforcement of non-compliant activities in POPS so as to avoid privatization of POPS as frequently happens at a number of POPS in CB5, such as the Kimpton Eventi Hotel located at 851 6th Ave; and
WHEREAS, Community Board Five has the largest number of POPS, with a total of 102 Privately Owned Publicly Accessible Spaces, rendering the proposed zoning text amendment extremely impactful on our district; therefore be it
RESOLVED, Community Board Five recommends denial of the proposed Zoning Text Amendment unless changes are made to incorporate our concerns stated above.