THE COUNCIL OF THE CITY OF NEW YORK RESOLUTION NO. 2178 Title Resolution approving the decision of the City Planning Commission on ULURP No. C 010708 PPM, for the disposition of one (1) city-owned property generally bounded by First Avenue, the Franklin D. Roosevelt Drive and the easterly prolongations of East 28th and East 30th Streets (Block 962/part of Lot 100), Manhattan (L.U. No. 1270). Body By Council Members Eisland and McCaffrey WHEREAS, the City Planning Commission filed with the Council on November 28, 2001 its decision dated November 21, 2001 (the "Decision") on the application submitted pursuant to Section 197-c of the New York City Charter by the Department of Citywide Administrative Services and the Economic Development Corporation, for the disposition of one (1) city-owned property generally bounded by First Avenue, the Franklin D. Roosevelt Drive and the easterly prolongations of East 28th and East 30th Streets (Block 962/part of Lot 100), restricted to the following: 1. Uses shall include a scientific research and development facility approved pursuant to Section 74-78 of the Zoning Resolution (ULURP No. C 010712 ZSM) for the subject property, and any other use permitted under the terms of such special permit, as well as: (a) Use Groups 3 and 4, subject to condition 5 below. (b) Use Groups 6A and 6C limited to no more than 5% of the total new development floor area developed on the subject property. (c( Accessory public parking garage under the terms of a special permit approved pursuant to Section 13-561 of the Zoning Resolution (ULURP No. C 010713 ZSM). (d) In any building to be developed as a scientific research and development facility pursuant to a special permit approved pursuant to Section 74-78 of the Zoning Resolution, Use Group 3 university facilities and Use Group 4 hospital-related facilities which are unrelated to medical, biotechnological, chemical or genetic research may be permitted, provided that a determination is made that development of the building as a scientific research and development facility would be facilitated by such use. The lease with the Economic Development Corporation shall include provisions designed to facilitate eventual occupancy of the space occupied by a scientific research and development facility use. _________ Page 2 of 3 C 010708 PPM Reso. No. 2178 (L.U. No. 1270) (e) In the first building developed as a scientific research and development facility as shown on Site Plan, Drawing Z.2, submitted in ULURP application No. C 010712 ZSM, Use Group 6B (Office) unrelated to medical, biotechnological, chemical or genetic research may be permitted, provided that a determination is made: (i( that there has been a good faith effort to rent uncommitted space for uses permitted under the terms of a special permit for a scientific and research development facility approved pursuant to Section 74-78 of the Zoning Resolution (ULURP No. C 010712 ZSM) for the subject building at fair market rentals for a reasonable period, to be specified in the lease with the Economic Development Corporation; (ii) the maximum length of occupancy for such Use Group 6B (Office) use is limited to a reasonable period, to be specified in the lease with the Economic Development Corporation; and (iii) at the end of occupancy by such Use Group 6B (Office) use, the space is actively marketed for use in accordance with the terms of the special permit, in accordance with (i( above. (f) The signage regulations of a C1 Zoning District shall apply. Borough of Manhattan, Community District 6 (ULURP No. C 010708 PPM) (the "Application"); WHEREAS, the Application is related to Applications Number 20025129 HHM (L.U. No. 1283), for the surrender of land and buildings; C 010709 ZMM (L.U. No. 1271), a Zoning Map amendment; C 010712 ZSM (L.U. No. 1272), a special permit pursuant to Section 74-48 of the Zoning Resolution; and C 010713 ZSM (L.U. No. 1273), special permit pursuant to Section 13-561 of the Zoning Resolution; WHEREAS, the Decision is subject to review and action by the Council pursuant to Section 197-d(b)(3) of the City Charter; WHEREAS, upon due notice, the Council held a public hearing on the Decision and Application on December 13, 2001; and WHEREAS, the Council has considered the land use implications and other policy issues relating to the Decision and Application; RESOLVED: _________ Page 3 of 3 C 010708 PPM Reso. No. 2178 (L.U. No. 1270) 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) From among the reasonable alternatives thereto, the actions to be approved are ones which minimize or avoid adverse environmental impacts to the maximum extent practicable; and (3) The adverse environmental impacts revealed in the FEIS will be minimized or avoided to the maximum extent possible by incorporating as conditions to the approval 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 this determination, pursuant to 6 N.Y.C.R.R. §617.9(c)(3). Pursuant to Section 197-d of the City Charter and on the basis of the Application and the Decision the Council approves the Decision. 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 December 19, 2001, on file in this office. ................................... City Clerk, Clerk of Council