THE COUNCIL OF THE CITY OF NEW YORK RESOLUTION NO. 2184 Title Resolution approving the decision of the City Planning Commission on ULURP No. C 010699 ZSM (L.U. No. 1281), grant of a special permit to allow modification of height and setback restrictions within the Special Clinton District. Body By Council Members Eisland and McCaffrey WHEREAS, the City Planning Commission filed with the Council on December 6, 2001, its decision dated December 5, 2001 (the "Decision") on the application submitted by 42/9 Residential LLC, pursuant to Sections 197-c and 201 of the New York City Charter, for the grant of a special permit pursuant to Section 96-104 of the Zoning Resolution to permit the modification of the special height restrictions of Section 96-104 to allow a maximum height of 99 feet for a portion of a proposed mixed building to be constructed at 360 West 43rd Street (Block 1033/Lots 1, 2, 61, 63, 64, 101, 161, 162), in C6-2 and C6-4 Districts, within the Special Clinton District, Community District 4, Borough of Manhattan (ULURP No. C 010699 ZSM) (the "Application"); WHEREAS, the Application is related to Applications Number N 010696 (L.U. No. 1279), a zoning text amendment; and C 010698 ZSM (L.U. No. 1280), a special permit pursuant to Sections 13-562,74-52, and 96-11 of the Zoning Resolution; WHEREAS, the City Planning Commission has made the findings required pursuant to Section 96-104 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 December 13, 2001 on the Decision and Application; WHEREAS, the Council has considered the relevant environmental issues and the Negative Declaration issued on July 23, 2001 and revised on December 4, 2001 (CEQR No. 01DCP074M); _________ Page 2 of 2 C 010699 ZSM Reso. No. 2184 (L.U. No. 1281) WHEREAS, the Council has considered the land use implications and other policy issues relating to the Decision and Application; RESOLVED: The Council finds that the action described herein will have no significant effect on the environment; and Pursuant to Sections 197-d and 200 of the New York City Charter and on the basis of the Decision and Application, 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