New York City Council Header
File #: Res 0036-2014    Version: * Name: LU 4 - Zoning, 300 Lafayette St., Manhattan (C140096ZSM)
Type: Resolution Status: Adopted
Committee: Committee on Land Use
On agenda: 2/4/2014
Enactment date: Law number:
Title: Resolution approving the decision of the City Planning Commission on ULURP No. C 140096 ZSM (Preconsidered L.U. No. 4), for the grant of a special permit pursuant to Section 74-712(a) of the Zoning Resolution to modify the use regulations of Section 42-14(D)(2)(b) to allow Use Group 6 uses (retail and office uses) below the floor level of the second story of a proposed 7-story commercial building on a zoning lot with street frontages on two wide streets and, as of December 15, 2003, has not more than 40% of its lot area occupied by existing buildings, located at 300 Lafayette Street (Block 510, Lots 38, 39 and 40), in an M1-5B District, within the SoHo Cast-Iron Historic District in the Borough of Manhattan.
Sponsors: David G. Greenfield, Mark S. Weprin
Council Member Sponsors: 2
Attachments: 1. Committee Report, 2. Hearing Transcript - Stated Meeting 2-4-14, 3. Minutes of the Stated Meeting - February 4, 2014
THE COUNCIL OF THE CITY OF NEW YORK
RESOLUTION NO. 36
 
 
Resolution approving the decision of the City Planning Commission on ULURP No. C 140096 ZSM (Preconsidered L.U. No. 4), for the grant of a special permit pursuant to Section 74-712(a) of the Zoning Resolution to modify the use regulations of Section 42-14(D)(2)(b) to allow Use Group 6 uses (retail and office uses) below the floor level of the second story of a proposed 7-story commercial building on a zoning lot with street frontages on two wide streets and, as of December 15, 2003, has not more than 40% of its lot area occupied by existing buildings, located at 300 Lafayette Street (Block 510, Lots 38, 39 and 40), in an M1-5B District, within the SoHo Cast-Iron Historic District in the Borough of Manhattan.
 
 
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"), on the application submitted by Paco Lafayette, LLC, pursuant to Sections 197-c and 201 of the New York City Charter, for the grant of a special permit pursuant to Section 74-712(a) of the Zoning Resolution to modify the use regulations of Section 42-14(D)(2)(b) to allow Use Group 6 uses (retail and office uses) below the floor level of the second story of a proposed 7-story commercial building on a zoning lot with street frontages on two wide streets and, as of December 15, 2003, has not more than 40% of its lot area occupied by existing buildings, located at 300 Lafayette Street (Block 510, Lots 38, 39 and 40), in an M1-5B District, within the SoHo Cast-Iron Historic District (ULURP No. C 140096 ZSM), Community District 2, Borough of Manhattan (the "Application");
 
      WHEREAS, the application is related to Applications N 140092 ZRM (L.U. No. 1), a zoning text amendment to Section 74-712 to modify lot coverage requirements in M1-5A and M1-5B Districts; 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;
 
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 74-712(a) 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 January 28, 2014;
 
WHEREAS, the Council has considered the land use and environmental implications and other policy issues relating to the Decision and Application; and
 
      WHEREAS, the Council has considered the relevant environmental issues and the negative declaration (CEQR No. 13DCP120M) issued 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, C 140096 ZSM, incorporated by reference herein, the Council approves the Decision, subject to the following conditions:
 
1.      The property that is the subject of this application (C 140096 ZSM) shall be developed in size and arrangement substantially in accordance with the dimensions, specifications and zoning computations indicated on the following approved plans, prepared by CookFox Architects, LLP, filed with this application and incorporated in this resolution:
 
Dwg. No.        Title                                           Last Date Revised
A-003.00      Zoning Analysis                              September 13, 2013
A-100.00      Zoning Lot Site Plan                               September 13, 2013
A-101.00      Section Diagram                              September 13, 2013      
A-102.00      Section Diagram                              September 13, 2013
A-104.00      Floor Plan - Cellar                              September 13, 2013
A-105.00      Floor Plan - Ground                               September 13, 2013
 
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, operating and maintenance.
 
4.      In the event the property that is the subject of the application is developed as, sold as, or converted to condominium units, a homeowners' association, or cooperative ownership, a copy of this resolution and the restrictive declaration described below and any subsequent modifications to either document shall be provided to the Attorney General of the State of New York at the time of application for any such condominium, homeowners' or cooperative offering plan and, if the Attorney General so directs, shall be incorporated in full in any offering documents relating to the property.
 
5.      All leases, subleases, or other agreements for use or occupancy of space at the subject property shall give actual notice of this special permit to the lessee, sub-lessee or occupant.
 
6.      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 the provisions of which 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 or breach of any of the conditions referred to above, may constitute grounds for the City Planning Commission or the City Council, as applicable, to disapprove any application for modification, renewal or extension of the special permit hereby granted.
 
7.      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 action or 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 February 4, 2014, on file in this office.
 
 
 
 
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                                                                              City Clerk, Clerk of The Council