Developer submits rezoning plans to facilitate 134K sf mixed-use office in Borough Park

A developer through the company Stamford LLC submitted rezoning plans to facilitate the development of a 134,840-square-foot mixed-use office building at 1459 38th Street in Borough Park, Brooklyn. The developer was not individually identified in the application. Solomon Friedlander is listed as the owner of some of the applicant-controlled parcels.

The applicant seeks a zoning map amendment from M1-2, M2-1, and R6 to C4-4A and R6B, a zoning text amendment to Appendix F, and a zoning special permit pursuant to 74-681 to facilitate the development of five-story, 63-foot, 134,840-square-foot mixed-use building.

According to the application, the building would have 19,337 square feet of commercial space for a supermarket, 84,573 square feet of office space, and 30,930 square feet at the cellar level for an enclosed parking garage with 55 parking spaces.

The area is bounded by 37th Street to the north, 15th Avenue to the east, 38th Street to the south, and 14th Avenue to the west. The rezoning would impact 25 separate lots, four of which are controlled by the applicant and are the location of the proposed development site – Block 5348, Lots 15, 17, 49, and 54. The other 21 lots in the affected area are located on the same block as the development site and are all non-applicant-controlled.

The following actions are requested to facilitate the project:

1. A Zoning Map Amendment to rezone Block 5348, Lots 41, 42, 44, 45, 46, 47, and 48 from an R6
zoning district to a C4-4A zoning district; Block 5348, Lot 119 from an R6/M1-2 zoning district to a
C4-4A zoning district; Block 5348, Lots 49 and 118 from an M1-2 zoning district to a C4-4A zoning
district; Block 5348, Lot 17 from an M1-2/M2-1 zoning district to a C4-4A zoning district; Block 5348,
Lots 15 and 54 from an M2-1 zoning district to a C4-4A zoning district; Block 5348, Lots 55, 56, 57,
58, 59, 60, 61, 62, 63, 64, 65, and 66 from an M2-1 zoning district to an R6B zoning district.
2. A Zoning Text Amendment to ZR Appendix F: Inclusionary Housing Designated Areas and
Mandatory Inclusionary Housing Areas for Community District 12, Brooklyn, to establish the Affected
Area as an MIH Area.
3. A Special Permit pursuant to ZR Section 74-681 to allow development within or over a railroad or
transit right-of-way or yard.

The plans also note that the rezoning could lead to the development of other projects in the affected area. For example, Block 5348, Lots 44, 45, 46, and 47 could assemble to form an 8,000-square-foot mid-block lot with frontage along 15th Avenue. The lot could be occupied by a 44,053-square-foot mixed-use commercial and residential building with 37 total dwelling units, 7 of which could be permanently set aside as affordable. Another potential building could be constructed on Block 5348, Lots 41, 42, 118, and 119. The four lots could assemble to form a 11,383-square-foot corner lot which could be occupied by a 61,981-square-foot mixed-use commercial and residential building with 49 total dwelling units.

The analysis year for the Proposed Actions is 2025, factoring the environmental process and ULURP process of 18 months, with an expected City Council approval date of September 2022, and a single phase 18-month construction period for the Applicant-owned site, ending March 2024.

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