THE COUNCIL OF THE CITY OF NEW YORK

RESOLUTION NO. 806

Resolution approving the decision of the City Planning Commission on ULURP No. C 050050 ZMM, a Zoning Map change (L.U. No. 289).

By Council Members Katz and Martinez

WHEREAS, the City Planning Commission filed with the Council on January 4, 2005 its decision dated December 22, 2004 (the "Decision"), on the application submitted by the Department of Housing Preservation and Development, pursuant to Sections 197-c and 201 of the New York City Charter, for an amendment to the Zoning Map (ULURP No. C 050050 ZMM) (the "Application");

WHEREAS, the Application is related to Applications Numbers N 050051 ZRM (L.U. No. 290), an amendment to the text of the Zoning Resolution to allow for modification of open space requirements within general large-scale developments; C 050052 ZSM (L.U. No. 291), a special permit pursuant to Section 74-681 for development within or over a railroad right-of-way or yard; C 050053 ZSM (L.U. No. 292), a special permit pursuant to Sections 74-743, 74-743(a)(1), 74-743(a)(2) and 96-40 to allow for the distribution of floor area across zoning lot lines and modification of height, setback, minimum distance between buildings, open space, and yard regulations in a proposed general large-scale development; C 050054 ZSM (L.U. No. 293), a special permit pursuant to Section 74-744(b) to allow for location of residential and commercial uses without regard to the requirements of Section 32-42; and C 050055 HAM (L.U. No. 294), an urban development action area project designation, project approval and disposition of city-owned property;

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 January 25, 2005;

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 Negative Declaration, issued on August 4, 2004 (CEQR No. 04HPD011M);

_________

RESOLVED:

The Council finds that the action described herein will have no significant effect on the environment.

Pursuant to Sections 197-d and 200 of the City Charter and on the basis of the Decision and Application, the Council approves the Decision.

The Zoning Resolution of the City of New York, effective as of December 15, 1961, and as subsequently amended, is further amended by changing the Zoning Map, Section No. 8c:

                     1.                      changing from an M1-5 District to a C6-3 District property bounded by West 53rd Street, the easterly boundary of Conrail-Amtrak Right-Of-Way, West 52nd Street, and a line 275 feet westerly of Tenth Avenue; and

                     2.                      changing from an R8 District to a C6-3 District property bounded by West 52nd Street, the easterly boundary of Conrail-Amtrak Right-Of-Way, West 51st Street, a line 235 feet westerly of Tenth Avenue, a line midway between West 51st Street and West 52nd Street, and a line 250 feet westerly of Tenth Avenue;

as shown on a diagram (for illustrative purposes only) dated August 23, 2004, Community District 4, Borough of Manhattan.

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 February 2, 2005, on file in this office.

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                                                                                                                                                                                                       City Clerk, Clerk of The Council