THE COUNCIL OF THE CITY OF NEW YORK
RESOLUTION NO. 759
Resolution approving with modifications the decision of the City Planning Commission on Application No. N 090311 ZRM, for an amendment of the Zoning Resolution of the City of New York, concerning the transfer of development rights from the High Line Transfer Corridor in Article IX, Chapter 8, Special West Chelsea District, Section 98-33, in Community District 4, Borough of Manhattan (L.U. No. 223).
By Council Members Greenfield and Weprin
WHEREAS, the City Planning Commission filed with the Council on May 8, 2015 its decision dated May 6, 2015 (the "Decision"), pursuant to Section 201 of the New York City Charter, regarding an application submitted by 22-23 Corp. c/o Park It Management, for an amendment of the text of the Zoning Resolution of the City of New York, concerning the transfer of development rights from the High Line Transfer Corridor in Article IX, Chapter 8, Special West Chelsea District, Section 98-33. This proposed text amendment would facilitate the transfer of the maximum allowable commercial or residential floor area, whichever is greater, from a granting site in the C6-2A and C6-3A districts and not within a subarea to an eligible receiving site (Application No. N 090311 ZRM), Community District 4, Borough of Manhattan (the "Application");
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 May 19, 2015;
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, including the revised negative declaration (CEQR No. 10DCP048M) issued on June 1, 2015, which reflects the modified application (the "Revised Negative Declaration");
RESOLVED:
The Council finds that the action described herein will have no significant impact on the environment as set forth in the Revised 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, N 090311 ZRM, incorporated by reference herein, the Council approves the Decision with the following modifications:
The Zoning Resolution of the City of New York, effective as of December 15, 1961, and as subsequently amended, is further amended as follows:
Matter in underline is new, to be added;
Matter in strikeout is old, to be deleted;
Matter in bold double-underline is new, added by the City Council;
Matter with # # is defined in Section 12-10;
* * * indicates where unchanged text appears in the Zoning Resolution
ARTICLE IX
SPECIAL PURPOSE DISTRICTS
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Chapter 8
Special West Chelsea District
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98-33
Transfer of Development Rights from the High Line Transfer Corridor
In the #Special West Chelsea District#, a "granting site" shall mean a #zoning lot#, or portion thereof, in the #High Line Transfer Corridor#. A "receiving site" shall mean a #zoning lot#, or portion thereof, in any subarea other than Subareas F, H and J. #Floor area# from a granting site may be transferred to a receiving site in accordance with the provisions of this Section.
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(b) #Floor area#
The maximum amount of #floor area# transferred from a granting site located outside of a subarea shall not exceed the maximum #floor area ratio# permitted for a #commercial use# or #residential use# on such granting site as of [insert the effective date of amendment], whichever is greater, less any existing #floor area# to remain on such granting site.
The maximum amount of #floor area# transferred from a granting site located in a subarea shall not exceed the basic maximum #floor area ratio# specified for the applicable subarea in the table in Section 98-22 (Maximum Floor Area Ratio and Lot Area in Subareas), less any existing #floor area# to remain on such granting site.
Each transfer, once completed, shall irrevocably reduce the amount of #floor area# that may be transferred from the granting site by the amount of #floor area# transferred. The amount of #floor area# transferred to a receiving site from a granting site in the #High Line Transfer Corridor# shall not exceed the #floor area ratio# permitted on the receiving site through such transfer, pursuant to the table in Section 98-22.
(c) #Use#
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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 June 10, 2015, on file in this office.
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City Clerk, Clerk of The Council