THE COUNCIL OF THE CITY OF NEW YORK

RESOLUTION NO. 1797

Resolution approving the decision of the City Planning Commission on ULURP No. C 170442 ZMM, a Zoning Map amendment (L.U. No. 805).

By Council Members Greenfield and Richards

WHEREAS, the City Planning Commission filed with the Council on October 20, 2017 its decision dated October 18, 2017 (the "Decision"), on the application submitted by NBT Victory Development LLC pursuant to Sections 197-c and 201 of the New York City Charter for an amendment of the Zoning Map, Section No. 6a, changing from a C4-4A District to a C4-7 District.  This amendment would facilitate the development of a new 20-story mixed-use building including new performance space for the National Black Theater, mixed-income housing and retail space (ULURP No. C 170442 ZMM), Community District 11, Borough of Manhattan (the "Application");

WHEREAS, the Application is related to applications N 170443 ZRM (L.U. No. 806), a zoning text amendment to designate a Mandatory Inclusionary Housing area and C 170444 ZSM, a special permit to waive accessory off-street parking within a Transit Zone (L.U. No. 807) ;

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 November 14, 2017;

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

WHEREAS, the Council has considered the relevant environmental issues, including the negative declaration issued June 5, 2017 (CEQR No. 17DCP134M), which included (E) designations to avoid the potential for significant adverse impacts related to hazardous materials, air quality and noise (E-435) (the “Negative Declaration”);

RESOLVED:

                     The Council finds that the action described herein will have no significant impact on the

environment as set forth in the Negative Declaration.

                     Pursuant to Section 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, C 170442 ZMM, incorporated by reference herein, the Council approves the Decision of the City Planning Commission.

The Zoning Resolution of the City of New York, effective as of December 15, 1961, and as subsequently amended, is hereby amended by changing the Zoning Map, Section No. 6a, from a C4-4A District to a C4-7 District property bounded by Fifth Avenue, East 126th Street, a line 85 feet easterly of Fifth Avenue, and East 125th Street/Dr. Martin Luther King Jr. Boulevard, Borough of Manhattan, Community District 11, as shown on a diagram (for illustrative purposes only) dated June 5, 2017, and subject to the conditions of CEQR Declaration E-435.

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 December 19, 2017, on file in this office.

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City Clerk, Clerk of The Council