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Land Use, Housing & Zoning

October 2020, Land Use, Housing & Zoning Committee

Cort Theatre - Application for a special permit pursuant to Section 81-745 of the Zoning Resolution, and for a text amendment to Section 81-745, to grant a floor area bonus in connection with the substantial rehabilitation and restoration

At the regularly scheduled monthly Community Board Five meeting on Thursday, October 8, 2020, the following resolution passed with a vote of 39 in favor; 0 opposed; 2 abstaining:

WHEREAS, the applicants Cort Theatre and Clarity 47 Hotel are requesting the following actions: (1) Special permit pursuant to ZR Section 81-745 to authorize bonus floor area for the substantial rehabilitation of a listed theater and (2) Zoning text amendment to ZR section 81-745 to (a) clarify description of qualifying rehabilitation work and (b) allow, for zoning lots located partially in an underlying C6-5.5 district, bonus floor area to be utilized anywhere on the zoning lot; and

WHEREAS, to be eligible for a bonus FAR under this section of the Zoning Resolution, the Cort theatre will undergo a very extensive rehabilitation, significantly improving handicap accessibility, constructing new bathrooms for patrons, expanding backstage areas, as well as an exquisite restoration of the historic portions of the theater; and 

WHEREAS, in addition to the upgrades to the existing theater, the Cort would construct a 35’ wide annex comprising five stories with rehearsal rooms, patron bars as well as ancillary spaces for the production of theater performances (costumes, stage sets, etc.); and 

WHEREAS, the restoration, upgrades and new construction have all been reviewed by Community Board Five and the Landmarks Preservation Commission in 2018 and have been deemed harmonious with the existing landmark, and have been deemed substantial as they would improve the theater’s suitability for use as a legitimate theater; and   

WHEREAS, the Cort Theatre and Clarity 47 hotel application is seeking a bonus FAR special permit for theatre rehabilitation and Zoning Text Amendments that would allow for a 530 ft tall, 264,000 SF hotel to be built on a lot that is 12,050.40 SF; and

WHEREAS, the two applicants merged their respective lots with six other adjacent lots to form a single zoning lot that totals 47,050 sf; and

WHEREAS, the merged lot is split between two zoning district, C6-7T and C6-5.5; and

WHEREAS, the C6-7T side of the zoning lot has a maximum permitted FAR of 14, and a 20% bonus would be 2.8 for a total maximum bonusable FAR of 16.8 permitted on this side of the lot; and

WHEREAS, the C6-5.5 side of the zoning lot has a maximum permitted FAR of 12, and a 20% bonus would be 2.4 for a total maximum bonusable FAR of 14.4 permitted on this side of the lot; and

WHEREAS, this bulk increase and massing is being proposed through the following mechanisms: substantial rehabilitation of the Cort theater, a zoning lot merger of 8 lots that would receive a theatre rehabilitation bonus that is within 20% of the merged zoning lot’s permitted FAR (per ZR section 81-745b), and shifting bulk generated from the high density zoning district (C6-7T) to the low density side (C6-5.5) on a split lot; and

WHEREAS, this equals a bonus of 33,741.23 sf for the C6-7T side of the zoning lot and 85,556.71 sf for the C6-5.5 side, which equals a total bonus of 117,625 sf generated by the substantial rehabilitation of the Cort theatre; and

WHEREAS, the applicants would like to mass the entire bonus floor area on only one lot out of the eight merged lots, which is lot 11, the 12,050.40 sf hotel lot, which is in a C6-5.5 zoning district, on the lower permitted density side of the merged zoning lot; and

WHEREAS, the applicants are seeking a Zoning Text Amendment that would allow bonus floor area granted for the substantial rehabilitation of a listed theater to be utilized anywhere on the zoning lot, without regard to the location of zoning district boundaries on a split lot; and

WHEREAS, the applicants are asking for the 33,741.23 sf bonus generated on the C6-7T side to be used on the C6-5.5 side because the existing buildings in the C6-7T district do not have any use for bonus FAR; and

WHEREAS, Community Board Five is weary of lot mergers that receive a bonus based on the total zoning lot size and then shifting bulk generated by the higher density side to the lower density side on a split lot, and believes this type of development goes against the purpose of the Zoning Resolution; and

WHEREAS, the C6-5.5 zoning district is located mid-block for the purpose of lower bulk and density along the streets and C6-7T zoning district is located at the ends of the block because higher bulk and density is deemed more appropriate for the avenues that are significantly wider than the streets; and

WHEREAS, Community Board Five is concerned that a large number of recent developments in our district have severely impacted the available light on our street, casting shadows and blocking sunlight; and

WHEREAS, the proposed Zoning Text Amendment, would add the following language (Matter in underline is new, to be added.): 

Such bonus #floor area# shall not exceed 20 percent of the basic maximum #floor area#

permitted on the #zoning lot# containing the #development# or #enlargement# by the

regulations of the underlying district, except that in the case of an underlying C6-4, C6-5

or M1-6 District, the bonus #floor area# shall not exceed 44 percent of the basic

maximum #floor area# permitted in such underlying district, and except that in the case

of a #zoning lot# located wholly or partially in a C6-5.5 District, the Commission may

allow #bonus floor area# to be utilized anywhere on the #zoning lot#., and

WHEREAS, the Zoning Text Amendment, as written, would only apply to this specific merged lot and would not permit any density shift along split lots lines on other lots, in the Theater subdistrict or elsewhere in New York City; and 

WHEREAS, to make it even more specific, the language of the Zoning Text Amendment should specifically refer to C6-7T District as being the only instance where such exception can be made; and

WHEREAS, Community Board Five recognizes that the theater industry, a cultural institution with great public benefit, has been tremendously impacted by COVID-19, and has suffered tremendous financial loss; and in regards to the exceptional circumstances, and given the extensive upgrades done to the theater as part of this application, is willing to grant an exception to the split lot rule for this application due to the extreme circumstance faced by theater operators; and

WHEREAS, Community Board Five does not want bulk shifting from one district to the other to be a precedent for future developments and is only considering this application because of the exceptional and dire times caused by COVID-19 pandemic; and

WHEREAS, the Times Square Alliance, The New York Landmarks Conservancy, the Partnership for New York City, and The Broadway League, have all written letters expressing support for this initiative including affirming that "The COVID-19 pandemic has devastated the New York City's Theater industry. It is most helpful that Shubert is making a private investment in the future of theater with the Cort project" and "The Cort Theatre currently faces a variety of challenges that make it difficult to accommodate audiences such as lack of accessibility for the mobility impaired" and "the expansion and rehabilitation project is necessary for the Cort Theatre to remain viable" and "Last year, Broadway contributed $14.8 Billion to New York City’s economy and fueled local restaurants, parking garages, and retail shops"; and 

WHEREAS, the Hotel Trades Council is opposed to this application because the Clarity Hotel 47 is part of a hotel group that does not use union labor for its operations as well as for the construction of its hotels, and this permit should only be granted if Clarity Hotel 47 agrees to use union labor; and

Therefore, be it Resolved, Community Board Five approves the Cort Theatre application with the following conditions:

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