THE COUNCIL OF THE CITY OF NEW YORK
RESOLUTION NO. 1214
Resolution approving the application submitted by the New York City Department of Housing Preservation and Development and the decision of the City Planning Commission, ULURP No. C 160268 HAX, approving the designation of properties located at Bergen Avenue and Westchester Avenue (Block 2361, Lots 1, 25, 26, and 50 and Block 2294, Lot 32), and 503 East 153 Street (Block 2363, Lot 1), Borough of the Bronx, as an Urban Development Action Area, approving an Urban Development Action Area Project, and approving the disposition of city-owned properties located at Bergen Avenue and Westchester Avenue (Block 2361, Lots 1, 25, 26, and 50 and Block 2294, Lot 32), and 503 East 153 Street (Block 2363, Lot 1) to a developer selected by HPD (L.U. No. 450; C 160268 HAX).
By Council Members Greenfield and Dickens
WHEREAS, the City Planning Commission filed with the Council on August 16, 2016 its decision dated August 15, 2016 (the "Decision"), on the application submitted by the New York City Department of Housing Preservation and Development (“HPD”) pursuant to Section 197-c of the New York City Charter and Article 16 of the General Municipal Law of New York State regarding:
a) the designation of properties located at Bergen Avenue and Westchester Avenue (Block 2361, Lots 1, 25, 26, and 50 and Block 2294, Lot 32), and 503 East 153 Street (Block 2363, Lot 1), as an Urban Development Action Area; as an Urban Development Action Area (the "Project Area");
b) an Urban Development Action Area Project for the Area (the "Project"); and
pursuant to Section 197-c of the New York City Charter for the disposition of city-owned properties located at Bergen Avenue and Westchester Avenue (Block 2361, Lots 1, 25, 26, and 50 and Block 2294, Lot 32), and 503 East 153 Street (Block 2363, Lot 1), to a developer to be selected by HPD to facilitate development of five mixed-use buildings containing approximately 831 affordable dwelling units, 160 supportive housing units, commercial space and community facility space, Community District 1, Borough of the Bronx (ULURP No. C 160268 HAX) (the "Application");
WHEREAS, the Application is related to applications C 160267 ZMX (L.U. No. 448), an amendment to the Zoning Map, Section 6a, changing from an M1-1 and C4-4 to a C6-2 District; N 160269 ZRX (L.U. No. 449), a Zoning Text Amendment pursuant to Appendix F, to add the project area to the list and maps of Mandatory Inclusionary Housing Areas; C 160270 ZSX (L.U. No. 451), a Special Permit, pursuant to ZR Section 74-743(a)(1), to permit distribution of required open space within the Large Scale General Development without regard to zoning lot lines and pursuant to ZR Section 74-743(a)(2) to permit location of buildings without regard for applicable yard, court, and height regulations; and C 160271 ZSX (L.U. No. 452), a Special Permit, pursuant to ZR Section 74-744(b), to permit residential and non-residential uses to be arranged on the second floor within building B without regard for the location regulations of ZR Section 32-42;
WHEREAS, the Decision is subject to review and action by the Council pursuant to Section 197-d(b)(1) of the City Charter;
WHEREAS, the Application and Decision are subject to review and action by the Council pursuant to Article 16 of the General Municipal Law of New York State;
WHEREAS, by letter dated August 22, 2016 and submitted to the Council on August 24, 2016, HPD submitted its requests (the “HPD Requests”) respecting the Application including a project summary (the “Project Summary”);
WHEREAS, upon due notice, the Council held a public hearing on the Application and Decision on September 7, 2016;
WHEREAS, the Council has considered the land use and financial implications and other policy issues relating to the Application;
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 July 29, 2016 (CEQR No. 15HPD041X);
RESOLVED:
Having considered the FEIS 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) Consistent with social, economic, and other essential considerations, 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 Section 197-d of the New York City Charter, based on the environmental determination and the consideration described in the report (C 160268 HAX) and incorporated by reference herein, the Council approves the Decision of the City Planning Commission and the HPD Requests.
The Council finds that the present status of the Disposition Area tends to impair or arrest the sound growth and development of the City of New York and that a designation of the Project as an urban development action area project is consistent with the policy and purposes stated in Section 691 of the General Municipal Law.
The Council approves the designation of the Disposition Area as an urban development action area pursuant to Section 693 of the General Municipal Law.
The Council approves the Project as an urban development action area project pursuant to Section 694 of the General Municipal Law.
The Project shall be developed in a manner consistent with the Project Summary submitted by HPD on August 24, 2016, a copy of which is attached hereto and made a part hereof.
The Council approves the disposition of Bergen Avenue and Westchester Avenue (Block 2361, Lots 1, 25, 26, and 50 and Block 2294, Lot 32), and 503 East 153 Street (Block 2363, Lot 1), to a developer selected by the New York City Department of Housing Preservation and Development.
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 14, 2016, on file in this office.
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City Clerk, Clerk of The Council