THE COUNCIL OF THE CITY OF NEW YORK

RESOLUTION NO. 550

Resolution disapproving the decision of the City Planning Commission on ULURP No. C 170116 ZSM (L.U. No. 204), 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 5 uses (transient hotel and accessory uses) and Use Group 6 uses (retail and office uses) below the floor level of the second story of a proposed 8-story commercial building on a zoning lot that, as of December 15, 2003, is improved with a one-story building, on property located at 27 East 4th Street (Block 544, Lot 72), in an M1-5B District, within the NoHo Historic District Extension, Community District 2, Borough of Manhattan.

By Council Members Salamanca and Moya

                     WHEREAS, the City Planning Commission filed with the Council on August 24, 2018 its decision dated August 22, 2018 (the "Decision"), on the application submitted by Kalodop II Park Corporation, 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 5 uses (transient hotel and accessory uses) and Use Group 6 uses (retail and office uses) below the floor level of the second story of a proposed 8-story commercial building, which in conjunction with the related actions would facilitate the development of an eight-story hotel or office building with a ground floor lobby and restaurant at 27 East 4th Street in the NoHo Historic District Extension of Manhattan Community District 2, (ULURP No. C 170116 ZSM) Community District 2, Borough of Manhattan (the “Application”);

WHEREAS, the Application is related to applications N 170115 ZRM (Pre. L.U. No. 203), a zoning text amendment to modify use and bulk regulations on certain sites within the NoHo Historic District Extension and C 170117 ZSM (L.U. No. 205), a special permit to modify bulk regulations;

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)(b) 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 September 17, 2018;

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, including the negative declaration issued March 26, 2018 (CEQR No. 15DCP145M), which includes an (E) designation to avoid the potential for significant adverse impacts related to air quality and noise (E-470) (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 the report, C 170116 ZSM, incorporated by reference herein, and the record established before the Council, the Council disapproves the Decision of the City Planning Commission.

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 September 26, 2018, on file in this office.

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                                                                                                                                                                                                       City Clerk, Clerk of The Council