THE COUNCIL OF THE CITY OF NEW YORK

RESOLUTION NO. 1743

Resolution approving the Second Amended Urban Renewal Plan for the Milbank Frawley Circle East Urban Renewal Area and approving the decision of the City Planning Commission on ULURP No. C 170360 HUM (L.U. No. 775).

By Council Members Greenfield and Richards

                     WHEREAS, the City Planning Commission filed with the Council on October 2, 2017 its decision and report dated October 2, 2017 (the "Decision"), on the application submitted by the New York City Department of Housing Preservation and Development, pursuant to Section 505 of Article 15 of the General Municipal Law of New York State and Section 197-c of the New York City Charter, regarding the proposed Second Amended Urban Renewal Plan for the Milbank Frawley Circle East Urban Renewal Area (the "Area"). This action, in conjunction with the related actions would facilitate the East Harlem Neighborhood Initiative, a comprehensive, community-focused effort aimed at identifying opportunities for the creation of new mixed-income housing and the preservation of existing affordable housing units, (ULURP No. C 170360 HUM), Community District 11, Borough of Manhattan (the "Application");

                     WHEREAS, the Application is related to applications C 170358 ZMM (L.U. No. 773), an amendment to the Zoning Map; and N 170359 ZRM (L.U. No. 774) an amendment to the text of the Zoning Resolution to establish an East Harlem Corridor Special District and to designate a Mandatory Inclusionary Housing area;

WHEREAS, the New York City Department of Housing Preservation and Development submitted to the Council on October 6, 2017 its request for approval of the Second Amended Urban Renewal Plan for the Milbank Frawley Circle East Urban Renewal Area, dated October 6, 2017 (the “Plan”);

                           WHEREAS, the City Planning Commission has certified that the Plan for the Area is an appropriate plan for the Area and conforms to the provisions of Section 502(7) and the finding set forth in Section 504, Article 15 of the General Municipal Law, and conforms to the comprehensive community plan for the development of the municipality as a whole;

                     WHEREAS, the City Planning Commission has certified its unqualified approval of the Plan pursuant to Section 505(2) of the General Municipal Law;

                           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 Plan is subject to review and action by the Council pursuant to Section 505 of the General Municipal Law;

                           WHEREAS, upon due notice, the Council held a public hearing on the Decision and the Plan on October 11, 2017;

                           WHEREAS, the Council has considered the land use and financial implications and other policy issues relating to the Decision and the Plan;

                     WHEREAS, the Council has considered the relevant environmental issues, including the Final Environmental Impact Statement (FEIS) for which a Notice of Completion was issued on September 19, 2017 (CEQR No. 17DCP048M), which identified significant adverse impacts with respect to hazardous materials, air quality and noise which would be avoided  through the placement of (E) designations (E-422), and additional significant adverse impacts with respect to shadows, historic and cultural resources (architectural and archeological), transportation (traffic, transit and pedestrians), and construction activities related to noise, and the Technical Memoranda dated September 29, 2017, (the “Technical Memoranda”);

RESOLVED:

                     Having considered the FEIS and the Technical Memoranda 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 thereto, the Proposed Actions, as modified with the modifications adopted herein and in the Technical Memorandum 002,  is one which minimizes or avoids 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, which form part of the Proposed Actions, or the specification of required mitigation measures, as appropriate; and

(4)                                          The Decision, together with the FEIS and the Technical Memoranda, constitute the written statement of facts, and of social, economic and other factors and standards that form the basis of this determination, pursuant to 6 N.Y.C.R.R. §617.11(d).

Pursuant to Section 197-d 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, C 170360 HUM, incorporated by reference herein, the Council approves the Decision.

Pursuant to Section 505(4) of the General Municipal Law, the Council finds that:

    1.                     The Area is a substandard or insanitary area or is in danger of becoming a substandard or insanitary area and tends to impair or arrest the sound growth and development of the municipality;

    2.                     The financial aid to be provided to the municipality is necessary to enable the project to be undertaken in accordance with the Plan;

3.                     The Plan affords maximum opportunity to private enterprise, consistent with the sound needs of the municipality as a whole, for the undertaking of an urban renewal program;

    4.                     The Plan conforms to a comprehensive community plan for the development of the municipality as a whole;

    5.                     There is a feasible method for the relocation of families and individuals displaced from the Area into decent, safe and sanitary dwellings, which are or will be provided in the Area or in other areas not generally less desirable in regard to public utilities and public and commercial facilities, at rents or prices within the financial means of such families or individuals, and reasonably accessible to their places of employment;

    6.                     The undertaking and carrying out of the urban renewal activities in stages is in the best public interest and will not cause any additional or increased hardship to the residents of the Area; and

Pursuant to Section 504 of the General Municipal Law, the Council approves designation of the Area.

Pursuant to Section 505 of the General Municipal Law, the Council approves the Second Amended Urban Renewal Plan for the Milbank Frawley Circle East Urban Renewal Area dated April 2017.

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 30, 2017, on file in this office.

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City Clerk, Clerk of The Council