THE COUNCIL OF THE CITY OF NEW YORK
RESOLUTION NO. 389
Resolution approving the decision of the City Planning Commission on an application submitted by the New York City Department of Housing Preservation and Development, ULURP No. C 100216 HAQ, approving the designation of property located at 37-10 37th Avenue (Block 4978, part of Lot 25), Borough of Queens, as an Urban Development Action Area, approving the project for the area as an Urban Development Action Area Project, and approving the disposition of such property to a developer selected by the Department of Housing Preservation and Development (L.U. No. 145; C 100216 HAQ).
By Council Members Comrie and Weprin
WHEREAS, the City Planning Commission filed with the Council on June 25, 2010 its decision dated June 23, 2010 (the "Decision"), on the application submitted by the New York City Department of Housing Preservation and Development pursuant to Section 197-c of the New York City Charter and Article 16 of the General Municipal Law of New York State regarding:
a) the designation of property located at 37-10 37th Avenue (Block 4978, part of Lot 25), as an Urban Development Action Area (the "Area");
b) an Urban Development Action Area Project for such area (the "Project"); and
pursuant to Section 197-c of the New York City Charter for the disposition of such property to a developer selected by the Department of Housing Preservation and Development to facilitate the development of a 14-story building, tentatively known as Macedonia Plaza, with approximately 140 residential units (the "Disposition"), Community District 7, Borough of Queens (ULURP No. C 100216 HAQ) (the "Application");
WHEREAS, the Application is related to ULURP Application Number C 100207 ZMQ (L.U. No. 137), an amendment of the Zoning Map, changing from a C4-3 District to a C4-4 District;
WHEREAS, the Decision is subject to review and action by the Council pursuant to Section 197-d(b)(1) of the City Charter;
WHEREAS, the Application and Decision are subject to review and action by the Council pursuant to Article 16 of the General Municipal Law of New York State;
WHEREAS, the New York City Department of Housing Preservation and Development ("HPD") submitted to the Council its recommendations regarding the Application on July 20, 2010;
WHEREAS, upon due notice, the Council held a public hearing on the Application and Decision on July 15, 2010;
WHEREAS, the Council has considered the land use and financial implications and other policy issues relating to the Application;
WHEREAS, the Council has considered the relevant environmental issues and the Final Environmental Impact Statement (FEIS) for which a Notice of Completion was issued on June 11, 2010 (CEQR No. 06DME10Q);
RESOLVED:
The Council finds that the action described herein will have no significant effect on the environment.
Pursuant to Section 197-d 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, C 100216 HAQ, incorporated by reference herein, the Council approves the Decision.
The Council finds that the present status of the Disposition Area tends to impair or arrest the sound growth and development of the City of New York and that a designation of the Project as an urban development action area project is consistent with the policy and purposes stated in Section 691 of the General Municipal Law.
The Council approves the designation of the Disposition Area as an urban development action area pursuant to Section 693 of the General Municipal Law.
The Council approves the Project as an urban development action area project pursuant to Section 694 of the General Municipal Law.
The exemption of the Project from real property taxes pursuant to Section 696 of the General Municipal Law is approved as follows:
a. All of the value of the buildings, structures, and other improvements situated on the Disposition Area shall be exempt from local and municipal taxes, other than assessments for local improvements and land value, for a period of twenty years commencing on the July 1st following the conveyance of the Disposition Area to the Sponsor, during the last ten years of which such exemption shall decrease in equal annual decrements.
b. The partial tax exemption granted hereunder shall terminate with respect to all or any portion of the Disposition Area if the Department of Housing Preservation and Development determines that such real property has not been, or is not being, developed, used, and/or operated in compliance with the requirements of all applicable agreements made by the Sponsor or the owner of such real property with, or for the benefit of, the City of New York. The Department of Housing Preservation and Development shall deliver written notice of any such determination of noncompliance to the owner of such real property and all mortgagees of record, which notice shall provide for an opportunity to cure of not less than ninety (90) days. If the noncompliance specified in such notice is not cured within the time period specified therein, the partial tax exemption granted hereunder shall prospectively terminate with respect to the real property specified therein.
The Council approves the disposition of such property to a developer selected by the Department of Housing Preservation and Development.
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 July 29, 2010, on file in this office.
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City Clerk, Clerk of The Council