THE COUNCIL OF THE CITY OF NEW YORK

RESOLUTION NO. 1308

Resolution approving with modifications the decision of the City Planning Commission on Application No. N 160289 ZRX, for an amendment of the Zoning Resolution of the City of New York, to establish a Mandatory Inclusionary Housing area, in Community District 6, Borough of the Bronx (L.U. No. 485).

By Council Members Greenfield and Richards

                     WHEREAS, the City Planning Commission filed with the Council on October 3, 2016 its decision dated September 21, 2016 (the "Decision"), pursuant to Section 201 of the New York City Charter, regarding an application submitted by the New York City Department of Housing Preservation and Development (“HPD”) and Phipps Houses, for an amendment of the text of the Zoning Resolution of the City of New York, to establish a Mandatory Inclusionary Housing area, Borough of the Bronx, Community District 6. This action, along with the other related actions would facilitate the Lambert Houses Redevelopment; a mixed-use, affordable housing development in the West Farms neighborhood in the Bronx, (Application No. N 160289 ZRX), Community District 6, Borough of the Bronx (the "Application");

WHEREAS, the Application is related to applications C 160285 ZMX (L.U. No. 482), a zoning map amendment to change portions of the project area from R7-1 and R7-1/C1-4 to R8 and R8/C1-4 zoning districts; C 160286 HAX (L.U. No. 483), a disposition of city-owned property and Urban Development Action Area Project (UDAAP) designation and project approval; N 160288 ZRX (L.U. No. 484), a zoning text amendment to allow lot line windows adjacent to public parks in Large-Scale Residential Developments; C 160290 ZSX (L.U. No. 486), a   Zoning Special Permit pursuant to ZR Section 78-312 for minor variations in the height and setback regulations on the periphery of the LSRD; C 160218 MMX (L.U. No. 487), a city map amendment to eliminate a portion of East Tremont Avenue; and C 160307 ZSX (L.U. No. 488), a Zoning Special Permit pursuant to ZR Section 78-312 to ensure that no new non-compliances are created in the modified previously approved LSRD.

                          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 October 19, 2016;

                           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 September 9, 2016 (CEQR No. 16HPD001X) and the Technical Memo dated November __, 2016;

RESOLVED:

Having considered the FEIS and the Technical Memo with respect to the Decision and 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 available, the action is one which avoids or minimizes adverse environmental impacts to the maximum extent practicable; and

(3)                     The adverse environmental impacts identified in the FEIS will be minimized or avoided to the maximum extent practicable by the placement of (E) designations for Hazardous Materials, Air Quality, and Noise, as well as through the provisions of Sections 81-624 and 81-691(a)(3) of the Zoning Resolution, which form part of the action; and

(4)                          The Decision together with the FEIS constitutes 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 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, N 160289 ZRX, incorporated by reference herein, the Council approves the Decision with the following modifications:

Matter in underline is new, to be added;

Matter in strikeout is to be deleted;

Matter within # # is defined in Section 12-10;

*   *   * indicates where unchanged text appears in the Zoning Resolution

Matter in double strikeout is deleted by the City Council;

Matter in double-underline is added by the City Council

*  *  *

APPENDIX F

Inclusionary Housing Designated Areas and Mandatory Inclusionary Housing Areas

*  *  *

THE BRONX

*  *  *

The Bronx Community District 6

In the R7-1, R7A, R7D, R7X, R8, R8A and R8X Districts within the areas shown on the

following Maps 1, 2, 3, 4, and 5 and 6:

*  *  *

Map 6 - [date of adoption]

[PROPOSED MAP]

Mandatory Inclusionary Housing area     see Section 23-154(d)(3)

Area 1 [date of adoption] - MIH Program Option 1 and the Deep Affordability Option

                     Excluded area

Portion of Community District 6, The Bronx

*  *  *

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 November 29, 2016, on file in this office.

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                                                                                                                                                                                   City Clerk, Clerk of The Council