THE COUNCIL OF THE CITY OF NEW YORK
RESOLUTION NO. 33
Resolution approving the decision of the City Planning Commission on Application No. N 140092 ZRM, for an amendment of the Zoning Resolution of the City of New York, modifying Section 74-712, concerning a special permit for developments in historic districts in M1-5A and M1-5B districts in the Borough of Manhattan (Preconsidered L.U. No. 1).
By Council Members Greenfield and Weprin
WHEREAS, the City Planning Commission filed with the Council on January 10, 2014 its decision dated December 18, 2013 (the "Decision"), pursuant to Section 201 of the New York City Charter, regarding an application submitted by Paco Lafayette, LLC, for an amendment of the text of the Zoning Resolution of the City of New York, modifying Section 74-712, concerning a special permit for developments in historic districts in M1-5A and M1-5B districts. This zoning text amendment, in conjunction with the other related actions, would facilitate the development of a new, seven-story commercial building at 300 Lafayette Street (Application No. N 140092 ZRM), Community District 2, Borough of Manhattan (the "Application");
WHEREAS, the application is related to Applications C 140093 ZSM (L.U. No. 2), a special permit pursuant to Section 74-712(a) to modify use regulations to allow Use Group 6 uses below the floor level of the second story; C 140095 ZSM (L. U. No. 3), a special permit pursuant to Section 74-922 to allow large retail establishments (Use Group 6 and/or Use Group 10A) with no limitation on floor area per establishment; and C 140096 ZSM (L.U. No. 4), a special permit pursuant to Section 74-712(b) to modify the height and setback requirements of Section 43-43;
WHEREAS, the Decision is subject to review and action by the Council pursuant to Section 197-d(b)(1) of the City Charter;
WHEREAS, upon due notice, the Council held a public hearing on the Decision and Application on January 28, 2014;
WHEREAS, the Council has considered the land use implications and other policy issues relating to the Decision and Application; and
WHEREAS, the Council has considered the relevant environmental issues, the negative declaration (CEQR No. 13DCP120M) issued on October 7, 2013 (the "Negative Declaration");
RESOLVED:
The Council finds that the action described herein will have no significant impact on the environment as set forth in the Negative Declaration.
Pursuant to Sections 197-d and 200 of the City Charter and on the basis of the Decision and Application, and based on the environmental determination and consideration described in this report, N 140092 ZRM, incorporated by reference herein, the Council approves the Decision.
The Zoning Resolution of the City of New York, effective as of December 15, 1961, and as subsequently amended, is further amended as follows:
Matter in underline is new, to be added;
Matter in strikeout is to be deleted;
Matter with # # is defined in Section 12-10;
* * * indicates where unchanged text appears in the Zoning Resolution
74-712
Developments in Historic Districts
Within Historic Districts designated by the Landmarks Preservation Commission, the City
Planning Commission may grant a special permit, in accordance with the following provisions:
a) In M1-5A and M1-5B Districts, on a #zoning lot# that, as of December 15, 2003, is vacant, is #land with minor improvements#, or has not more than 20 percent of the #lot area# occupied by existing #buildings#, or has #street# frontages on two or more #wide streets# and not more than 40 percent of the #lot area# occupied by existing #buildings#, the Commission may modify #use# regulations to permit #residential development#, and, below the floor level of the second #story# of any #development#, #uses# permitted under Section 32-15 (Use Group 6), provided that:
(1) the #use# modifications shall meet the following conditions, that:
(i) that #residential development# complies with the requirements of Sections 23-47 (Minimum Required Rear Yards) and 23-86 (Minimum Distance Between Legally Required Windows and Walls or Lot Lines) pertaining to R8 Districts;
(ii) that total #floor area ratio# on the #zoning lot# shall be limited to 5.0;
(iii) that the minimum #floor area# of each #dwelling unit# permitted by this Section shall be 1,200 square feet;
(iv) that all #signs# for #residential# or #commercial uses# permitted by this Section shall conform to the applicable regulations of Section 32-60 (SIGN REGULATIONS) pertaining to C2 Districts; and
(v) that eating and drinking establishments of any size, as set forth in Use Groups 6A and 12A, are not permitted; and
(2) the Commission shall finds that such #use# modifications:
(i) have minimal adverse effects on the conforming #uses# in the surrounding area;
(ii) are compatible with the character of the surrounding area; and
(iii) for modifications that permit #residential use#, result in a #development# that is compatible with the scale of the surrounding area.
b) In all districts, the Commission may modify #bulk# regulations, except #floor area ratio# regulations, for #development# on a #zoning lot# that is vacant or is #land with minor improvements#, and in M1-5A and M1-5B Districts, the Commission may make such modifications for #zoning lots# where not more than 20 percent of the #lot area# is occupied by existing #buildings# as of December 15, 2003, provided the Commission finds that such #bulk# modifications: comply with the findings set forth below.
In addition, in M1-5A and M1-5B Districts, the Commission may also modify #bulk# regulations, except #floor area ratio# regulations, for #development# on a #zoning lot# that has #street# frontages on two or more #wide streets# and that, as of December 15, 2003, has more than 20 percent but not more than 40 percent of the
#lot area# occupied by existing #buildings#, provided the #development# contains no #residences# and the Commission finds that such #bulk# modifications:
(1) shall not adversely affect structures or #open space# in the vicinity in terms of scale, location and access to light and air; and
(2) relate harmoniously to #buildings# in the Historic District as evidenced by a Certificate of Appropriateness or other permit from the Landmarks Preservation Commission.
The City Planning Commission may prescribe appropriate additional conditions and safeguards in order to enhance the character of the #development# and to minimize adverse effects on the character of the surrounding area.
* * *
Adopted.
Office of the City Clerk, }
The City of New York, } ss.:
I hereby certify that the foregoing is a true copy of a Resolution passed by The Council of The City of New York on February 4, 2014, on file in this office.
.....
.........................................
City Clerk, Clerk of The Council