THE COUNCIL OF THE CITY OF NEW YORK

RESOLUTION NO. 428

Resolution approving the decision of the City Planning Commission on ULURP No. C 100047 ZMM, a Zoning Map amendment (L.U. No. 159).

By Council Members Comrie and Weprin

WHEREAS, the City Planning Commission filed with the Council on July 19, 2010 its decision dated July 14, 2010 (the "Decision"), on the application submitted by 401 Hotel REIT, LLC and 401 Commercial, L.P., pursuant to Sections 197-c and 201 of the New York City Charter, for an amendment of the Zoning Map to change a C6-4.5 District to a C6-6 District to facilitate the development of a commercial office building of over 2 million zoning square feet on the western half of the block bounded by West 33^rd and West 32^nd streets, and Seventh and Sixth avenues (ULURP No. C 100047 ZMM) (the "Application");

                     WHEREAS, the Application is related to Applications Numbers N 100048 ZRM (L.U. No. 160), a zoning text amendment to Sections 81-066 and 81-254 to allow an application for a Special Permit to modify height and setback for sites wholly or partially in the Penn Center Subdistrict of the Special Midtown District and an amendment to Section 81-541 to modify the procedure for obtaining a transit bonus in the Special Midtown District and permit the reservation of bonus floor area obtained via the transit bonus; C 100049 ZSM (L.U. No. 161), a special permit pursuant to Sections 81-066 and 81-254 to modify: the height and setback regulations of Section 81-27; the Mandatory District Plan Elements of Sections 81-42, 81-43, 81-45, and 81-47, and the design standards of Section 37-53(f);  C 100050 ZSM (L.U. No. 162), a special permit pursuant to Sections 74-634 and 81-541 regarding a floor area bonus for transit related improvements; and C 100237 PQM (L.U. No. 163), a City acquisition of easements related to the transit improvements;

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 August 23, 2010;

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 and the Final Environmental Impact Statement (FEIS), for which a Notice of Completion was issued on July 2, 2010 (CEQR No. 09DCP019M);

RESOLVED:

Having considered the FEIS, with respect to the Application, the Council finds that:

(1)                     The FEIS meets the requirements of 6 N.Y.C.R.R. Part 617;

(2)                      Consistent with social, economic and other essential considerations, from among the reasonable alternatives thereto, the action to be approved is one which minimizes or avoids adverse environmental impacts to the maximum extent practicable; and

(3)                      The adverse environmental impacts disclosed in the FEIS will be minimized or avoided to the maximum extent practicable by incorporating as conditions to the approval, pursuant to a Restrictive Declaration, dated July 13, 2010, those mitigative measures that were identified as practicable;

(4)                       The Decision and the FEIS 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 201 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 100047 ZMM, 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 by changing the Zoning Map, Section 8d, by changing from a C6-4.5 District to a C6-6 District property bounded by West 33^rd Street, a line 150 feet westerly of Avenue of the Americas, West 32^nd Street, and a line 200 feet easterly of Seventh Avenue - Fashion Avenue, as shown on a diagram (for illustrative purposes only) dated February 8, 2010, Community District 5, Borough of Manhattan.

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 August 25, 2010, on file in this office.

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                                                                                                                                                                                                       City Clerk, Clerk of The Council