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File #: Res 1469-2012    Version: * Name: LU 635 - Zoning, New York University Core Project, Manhattan (C 120124 ZSM)
Type: Resolution Status: Adopted
Committee: Committee on Land Use
On agenda: 7/25/2012
Enactment date: Law number:
Title: Resolution approving with modifications the decision of the City Planning Commission on ULURP No. C 120124 ZSM (L.U. No. 635), for the grant of a special permit pursuant to Section74-743 of the Zoning Resolution to allow the location of buildings without regard for the applicable height and setback, yards and distance between buildings to facilitate the development of four new buildings, within a Large-Scale General Development generally bounded by West 3rd Street, Mercer Street, West Houston Street, and LaGuardia Place (Block 533, Lots 1 and 10; and Block 524, Lots 9 and 66), in a C1-7 District, Borough of Manhattan, Community District 2.
Sponsors: Leroy G. Comrie, Jr., Mark S. Weprin
Council Member Sponsors: 2
Attachments: 1. Committee Report, 2. Restrictive Declaration of Large Scale General Develoment for the NYU LSGD, 3. Hearing Transcript - Stated Meeting 7-25-12
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
7/25/2012*Leroy G. Comrie, Jr. City Council Approved, by CouncilPass Action details Meeting details Not available
7/17/2012*Leroy G. Comrie, Jr. Committee on Land Use Approved by Committee with Modifications and Referred to CPC  Action details Meeting details Not available
THE COUNCIL OF THE CITY OF NEW YORK
RESOLUTION NO. 1469
 
 
Resolution approving with modifications the decision of the City Planning Commission on ULURP No. C 120124 ZSM (L.U. No. 635), for the grant of a special permit pursuant to Section74-743 of the Zoning Resolution to allow the location of buildings without regard for the applicable height and setback, yards and distance between buildings to facilitate the development of four new buildings, within a  Large-Scale General Development generally bounded by West 3rd Street, Mercer Street, West Houston Street, and LaGuardia Place (Block 533, Lots 1 and 10; and Block 524, Lots 9 and 66), in a C1-7 District, Borough of Manhattan, Community District 2.
 
 
By Council Members Comrie and Weprin
 
      WHEREAS, the City Planning Commission filed with the Council on June 7, 2012 its decision dated June 6, 2012 (the "Decision"), on the application submitted by New York University, pursuant to Sections 197-c and 201 of the New York City Charter, for the grant of a special permit pursuant to Section74-743 of the Zoning Resolution of the City of New York to allow location of buildings without regard for the applicable height and setback, yards and distance between buildings  to facilitate the development of four new buildings, within a  Large-Scale General Development generally bounded by West 3rd Street, Mercer Street, West Houston Street, and LaGuardia Place (Block 533, Lots 1 and 10; and Block 524, Lots 9 and 66), in a C1-7 District (ULURP No. C 120124 ZSM), Community District 2, Borough of Manhattan (the "Application");
      WHEREAS, the Application is related to Applications C 120077 MMM (L.U. No. 632),  a City Map Change to narrow, through elimination, discontinuance, and closure, various segments of Mercer Street and LaGuardia Place to enable property disposition to New York University and to establish parkland; C 120122 ZMM (L.U. No. 633), a Zoning Map Amendment to eliminate an existing C1-5 District, to change existing R7-2 and C6-2 Districts to a C1-7 District and to change an existing C6-2 District to an R7-2 District; and N 120123 ZRM (L.U. No. 634), a Zoning Text Amendment relating to special permit regulations for large scale general developments relating to Section 74-742 (Ownership) and Section 74-743 (Special Provisions for bulk modifications);
 
WHEREAS, the Decision is subject to review and action by the Council pursuant to Section 197-d(b)(3) of the City Charter;
 
          WHEREAS, the City Planning Commission has made the findings required pursuant to Section 74-743 of the Zoning Resolution of the City of New York;
 
WHEREAS, upon due notice, the Council held a public hearing on the Decision and Application on June 29, 2012;
 
WHEREAS, the Council has considered the land use implications and other policy issues relating to the Decision and Application;
 
WHEREAS, the restrictive declaration of June 6, 2012 has been further amended and attached hereto; and
 
      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 May 25, 2012 and the CEQR Technical Memoranda dated June 4, 2012 and July 20, 2012 (the "CEQR Technical Memoranda") (CEQR No. 11DCP121M);
 
RESOLVED:
 
Having considered the FEIS and the CEQR Technical Memoranda, with respect to the Application, the Council finds that:
 
(1)            The FEIS meets the requirements of 6 N.Y.C.R.R. Part 617;
  1.      Consistent with social, economic and other essential considerations from among the reasonable alternatives thereto, the Proposed Action, as modified with the modifications adopted herein and as analyzed in Chapter 26, "Potential Modifications under Consideration by the CPC," of the FEIS and in the Technical Memoranda (Modified Proposed Action), is one that avoids or minimizes adverse environmental impacts to the maximum extent practicable; and
  2.       The adverse environmental impacts of the Modified Proposed Action will be  minimized or avoided to the maximum extent practicable by incorporating as conditions to the approval, pursuant to the Restrictive Declaration, dated July 24, 2012, those project components related to the environment and mitigation measures that were identified as practicable;
  3.     The Decision together with the FEIS and the CEQR Technical Memoranda constitute the written statement of facts, and of social, economic and other factors and standards that form the basis of the decision, pursuant to 6 N.Y.C.R.R. §617.11(d).
 
 
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, C 120124 ZSM, incorporated by reference herein, the Council approves the Decision with the following modifications:
 
Matter in [Brackets] is old, to be deleted;
Matter underlined is new, to be added.
 
 
 
1.       The property that is the subject of this application (C 120124 ZSM) shall be developed in size and arrangement substantially in accordance with the dimensions, specifications and zoning computations indicated on the following plans, filed with this application and incorporated in this resolution:
 
Prepared by Grimshaw Architects PC:
 
Drawing Number and Title             Date            Revised Date
 
Z-004       Zoning Calculations and Zoning Actions       [June 4, 2012] July 23, 2012
Z-100      Site Plan       [June 4, 2012] July 23, 2012
Z-101       North Block: Site Plan       [June 4, 2012] July 23, 2012
Z-102       South Block : Site Plan       [June 4, 2012] July 23, 2012
Z-110       Ground Floor Site Plan       [June 4, 2012] July 23, 2012
Z-111       North Block : Ground Floor Site Plan       [June 4, 2012] July 23, 2012
Z-112       South Block : Ground Floor Site Plan       [June 4, 2012] July 23, 2012
Z-120       Building Envelope : Mercer Building       [June 4, 2012] July 23, 2012
Z-121       Building Envelope : LaGuardia Building       [June 4, 2012] July 23, 2012
Z-122       Building Envelope : Zipper and Bleecker Buildings       [June 4, 2012] July 23, 2012
Z-125       North Block : Average Curb Level Diagram       [June 4, 2012] July 23, 2012
Z-126       South Block : Average Curb Level Diagram       [June 4, 2012] July 23, 2012
Z-127       North Block : Open Space Diagram       [June 4, 2012] July 23, 2012
Z-128       South Block : Open Space Diagram       [June 4, 2012] July 23, 2012
Z-130       North Block : Zoning Actions Plan Diagram       [June 4, 2012] July 23, 2012
Z-131       North Block : Building Sections       [June 4, 2012] July 23, 2012
Z-133       South Block : Zoning Actions Plan Diagram       [June 4, 2012] July 23, 2012
Z-134       South Block : Interim Zoning Action Diagram       June 4, 2012
Z-135       South Block : Building Sections 1       [June 4, 2012] July 23, 2012
Z-136       South Block : Building Sections 2       June 4, 2012
Z-137       South Block : Building Sections 3       [June 4, 2012] July 23, 2012
Z-138       South Block : Building Sections 4       [June 4, 2012] July 23, 2012
Z-140       North Block : Pedestrian Elevations 1       June 4, 2012
Z-141       North Block : Pedestrian Elevations 2       [June 4, 2012] July 23, 2012
Z-142       South Block : Pedestrian Elevations       [June 4, 2012] July 23, 2012
Z-201       North Block : Site Plan End of Phase 1       June 4, 2012
Z-202       South Block : Site Plan End of Phase 1       [June 4, 2012] July 23, 2012
Z-203       North Block : Site Plan End of Phase 2       June 4, 2012
Z-204       South Block : Site Plan End of Phase 2       [June 4, 2012] July 23, 2012
Z-205       North Block : Site Plan End of Phase 3       [June 4, 2012] July 23, 2012
Z-206       South Block : Site Plan End of Phase 3       [June 4, 2012] July 23, 2012
Z-207       North Block : Site Plan End of Phase 4       [June 4, 2012] July 23, 2012
Z-208       South Block : Site Plan End of Phase 4       [June 4, 2012] July 23, 2012
 
Prepared by Michael Van Valkenburg Associates Inc., Landscape Architects, PC
 
Drawing Number and Title                               Date            Last Revised Date
 
Z-300 Overall Open Space Plan                         [June 4, 2012] July 23, 2012
Z-301 Open Space Amenities Calculation                   [June 4, 2012] July 23, 2012
Z-302 North Block : Open Space Plan                   [June 4, 2012] July 23, 2012
Z-303 South Block : Open Space Plan                   June 4, 2012
Z-310 North Block : Materials Plan                         [June 4, 2012] July 23, 2012
Z-311 South Block : Materials Plan                         June 4, 2012
Z-312 North Block : Grading Plan                         [June 4, 2012] July 23, 2012
Z-313 South Block: Grading Plan                         June 4, 2012
Z-314 North Block : Planting Plan                         [June 4, 2012] July 23, 2012
Z-315 South Block : Planting Plan                         June 4, 2012
Z-316 North Block : Site Furnishing Plan                   [June 4, 2012] July 23, 2012
Z-317 South Block : Site Furnishing Plan                   June 4, 2012
Z-318 North Block : Lighting Plan                         [June 4, 2012] July 23, 2012
Z-319 South Block : Lighting Plan                         June 4, 2012
Z-320 Site Lighting Details                               [June 4, 2012] July 23, 2012
Z-321 Public Space Signage Plan                         [June 4, 2012] July 23, 2012
Z-330 Overall Section Key                               June 4, 2012
Z-331 North Block : Sections                         June 4, 2012
Z-332 North Block : Sections                         [June 4, 2012] July 23, 2012
Z-333 North Block : Sections                         [June 4, 2012] July 23, 2012
Z-334 North Block : Sections                         [June 4, 2012] July 23, 2012
Z-335 North Block : Sections                         [June 4, 2012] July 23, 2012
Z-336 South Block : Sections                         June 4, 2012
Z-340 Pavement Details                               June 4, 2012
Z-341 Seatwall Details                               June 4, 2012
Z-342 Seatwall Details                               June 4, 2012
Z-343 Railing Details                                     June 4, 2012
Z-344 Fencing Details                               June 4, 2012
Z-345 Trash Receptical and Bike Rack Details             June 4, 2012
Z-346 Bench and Moveable Chair Details                   June 4, 2012
 
 
      2.       Such development shall conform to all applicable provisions of the Zoning Resolution, except for the modifications specifically granted in this resolution and shown on the plans listed above which have been filed with this application. All zoning computations are subject to verification and approval by the New York City Department of Buildings.
 
      3.       Such development shall conform to all applicable laws and regulations relating to its construction, operation and maintenance.
 
      4.       Development pursuant to this resolution shall be allowed only after the restrictive declaration dated June 6, 2012, executed by New York University, as amended through July 24, 2012, the terms of which are hereby incorporated into this resolution, shall have been recorded and filed in the Office of the Register of the City of New York, County of New York.
 
5.       Upon the failure of any party having any right, title or interest in the property that is the subject of this application, or the failure of any heir, successor, assign, or legal representative of such party, to observe any of the covenants, restrictions, agreements, terms or conditions of this resolution whose provisions shall constitute conditions of the special permit hereby granted, the City Planning Commission may, without the consent of any other party, revoke any portion of or all of said special permit. Such power of revocation shall be in addition to and not limited to any other powers of the City Planning Commission, or of any other agency of government, or any private person or entity. Any such failure as stated above, or any alteration in the development that is the subject of this application that departs from any of the conditions listed above, is grounds for the City Planning Commission or the City Council, as applicable, to disapprove any application for modification, cancellation or amendment of the special permit hereby granted.
      
6.       Neither the City of New York nor its employees or agents shall have any liability for money damages by reason of the city's or such employee's or agent's failure to act in accordance with the provisions of this special permit.
 
 
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 25, 2012, on file in this office.
 
 
 
 
 
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                                                                              City Clerk, Clerk of The Council