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USDO CLARIFICATION 052617.001 DATE: MAY 26, 2017 FROM: CHRIS SPENCER, DIRECTOR OF PLANNING DATE: MAY 26, 2017 ACTION: CONSIDER FUTURE CODE AMENDMENT (A001) Note: Text following the BLUE font is taken directly from the USDO. The permitted height of any building in a particular district in the USDO is based on number of stories rather than feet. The number of stories, in a district, such as the R-T, also affects the number of units that are permitted. Where the basement floor level is in relation to the grade in front of a building, has an effect on whether it is considered a story or not, how the flood plain is regulated, and wether or not, as a story, it can be utilized for the unit count in an R-T district. BASEMENT 1. For purposes of the Floodplain Overlay (FP-O), that portion of a building having its floor subgrade (below ground level) on all sides. 2. For all other purposes, a floor area of a building where the finished grade of the floor is less than four feet below the average grade along the front of the building. It shall be considered a story whether occupied or not. STORY That portion of a building included between the surface of any floor and the surface of the floor next above it; if there is no floor above it, then the space between the floor and the ceiling or roof structure next above it. STORY, HALF That floor area under a sloped roof where no more than 70 percent of the floor area meets the minimum ceiling height requirements under the applicable building code. STORY, FIRST The lowest story or the ground story of any building, the floor of which is not more than 12 inches below the average grade at the exterior front walls of the building. R-T TOWNHOUSE HEIGHT: Principal building, maximum 3 1⁄2 stories MAX DWELLING UNITS: < 3 STORIES: 1 per non-commercial floor: max 2 > 3 STORIES: 1 per non-commercial floor: max 3 Similar configurations of buildings may have a different number of permitted units depending on whether they are located in an R-T district along Clinton Avenue, or elsewhere in the City. Any conversion from a single- to a two- or three-unit building requires a Conditional Use permit in R-T districts not fronting on Clinton Avenue. Conversions along Clinton Avenue, are permitted by right, but the average dwelling unit must be 750 square feet of gross improved floor area. In all other areas, new and existing units must have a minimum size of 1,000 square feet per unit or occupy at least 80 percent of a single floor plate. 2 0 0 H E N R Y J O H N S O N B O U L E V A R D I A L B A N Y , N E W Y O R K 1 2 2 1 0 I 5 1 8 . 4 3 4 . 5 2 6 2 C I T Y O F A L B A N Y N E W Y O R K DEPARTMENT OF PLANNING AND DEVELOPMENT MAYOR: KATHY M. SHEEHAN DIRECTOR: CHRISTOPHER P. SPENCER ---PAGE BREAK--- USDO CLARIFICATION: 052717.001 The following comparison of permitted unit counts for the above figures shows the difference between the R-T district along Clinton Avenue and the R-T districts elsewhere in the City. Figure Total Permitted Units Square Feet Requirement Permission Clinton R-T All Other R-T Clinton R-T All Other R-T Clinton R-T All Other R-T 1 4 3 750 SF 1000 SF / 80% By Right Conditional 2 5 3 750 SF 1000 SF / 80% By Right Conditional 3 3 3 750 SF 1000 SF / 80% By Right Conditional 4 3 2 750 SF 1000 SF / 80% By Right Conditional PAGE ! of ! 2 3 ONE TWO THREE HALF 70% 4’ EXTERIOR GRADE ONE TWO HALF 70% 5’ THREE FIGURE 1 FIGURE 2 ONE TWO THREE 4’ EXTERIOR GRADE ONE TWO 5’ FIGURE 3 FIGURE 4 ---PAGE BREAK--- USDO CLARIFICATION: 052717.001 SECTION 375-2(F)(1): HR-O HISTORIC RESOURCE OVERLAY New Construction Guidelines Architectural Features Townhouse roofs generally should not be visible from the street front, except where a proposed design relates to an abutting historic structure or to a streetscape with several structures possessing roof surfaces visible from the street. DISCREPANCIES & INTERPRETATIONS UNIT SIZE There is a discrepancy regarding unit size between §375-2(C)(4)(d)(iii)(A)(2) and §375-2(C)(4)(d)(iii)(B)(3). The latter [§375-2(C)(4)(d)(iii)(B)(3)] shall be utilized. §375-2(C)(4)(d)(iii)(A)(2) In all other areas, conversions require the approval of a Conditional Use Permit, provided that no exterior changes are made that are visible from a public right-of-way, and that at least one unit has a minimum size of at least 1,000 sq. ft. and each unit occupies at least 80 percent of a single floor plate. §375-2(C)(4)(d)(iii)(B)(3) New and existing units each have a minimum size of at least 1,000 sq. ft. per unit or each occupy at least 80 percent of a single floor plate. BASEMENT OR FIRST FLOOR Definition of Basement indicates that to qualify as a story, the finish grade must be four feet or less below the average grade along the front of the building. The definition of First Story defines that story as a floor that is no ‘more than 12 inches below the average grade at the exterior front walls of the building.” For purposes of determining the height of a building, or defining story as it pertains to the R-T district, the definition Basement rather than First Story shall be used. SIX MONTH REVIEW RECOMMENDATIONS 1. Combine Sections 375-2(C)(4)(d)(iii)(A and B) to remove the above referenced discrepancy; and 2. Remove definition of First Story. PAGE ! of ! 3 3