As noted on the attached zoning map, the 41st Street corridor consists primarily of CD-3 zoned properties. There are a number of surface parking lots to the north and south of 41st Street, which are accessed from 40th Street and 42nd Street; these surface lots are zoned GU.

There are also a more limited number of lots fronting on the north side of 40th Street, between Chase and Sheridan Avenues, which are zoned CD-1. Some of these CD-1 lots already abut, or have the potential to abut, CD-3 zoned properties along 41st Street.  However, even if a unified site is formed, under the code, there is no way to move FAR from the CD-3 sites to the CD-1 sites.

In order to provide more tangible opportunities for unified development sites along this limited area of the 41st corridor, the up zoning of the CD-1 parcels to CD-3 is worthy of consideration. In this regard, such an up zoning should only occur if the existing CD-1 parcel can be combined with an abutting CD-3 site, so that a more holistic development site, with frontage on 41st Street is achieved.

Under the City Charter any increase in zoned FAR requires approval from the voters. In order for a ballot question to be placed on the November 3, 2020 ballot, the City Commission would need to approve the ballot language by the end of July. Additionally, a first reading ordinance may be required, which requires a separate referral by the City Commission to the Planning Board.

The administration recommends the following:

1. The Land Use and Sustainability Committee endorse the concept of a re-zoning of some or all of the CD-1 parcels on the north side of 40th Street to CD-3.

2. The administration place a discussion item on the May 13, 2020 City Commission agenda to consider a ballot question and referral to the Planning Board, for the up zoning of some or all of the CD-1 parcels on the north side of 40th Street to CD-3.