THE COUNCIL OF THE CITY OF NEW YORK

RESOLUTION NO. 1073

Resolution approving with modifications the decision of the City Planning Commission on ULURP No. C 070427 ZMM, a Zoning Map change (L.U. No. 537).

By Council Members Katz and Avella

WHEREAS, the City Planning Commission filed with the Council on August 10, 2007 its decision dated August 8, 2007 (the "Decision"), on the application submitted by the Department of City Planning, pursuant to Sections 197-c and 201 of the New York City Charter, for an amendment to the Zoning Map (ULURP No. C 070427 ZMM) (the "Application");

WHEREAS, the Application is related to ULURP Application Number N 070428 ZRY (L.U. No. 538), a zoning text amendment to Article 2, Chapter 3, of the Zoning Resolution to apply the Inclusionary Housing program to the proposed R9A districts on Broadway;

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 September 17, 2007;

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 April 23, 2007, which included (E) designations for air quality (CEQR No. 07DCP060M);

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 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 by changing the Zoning Map, Section No. 5d:

Matter in double underline is new, to be added by the City Council;

1.                      changing from an R7-2 District to an R8 District property bounded by Cathedral Parkway, Manhattan Avenue, West 109th Street, and a line 250 feet westerly of Columbus Avenue;

2.                      changing from an R7-2 District to an R8A District property bounded by West 109^th Street, a line 100 feet easterly of Amsterdam Avenue, a line midway between Duke Ellington Boulevard-West 106^th Street and West 107^th Street, Manhattan Avenue, Duke Ellington Boulevard-West 106^th Street, a line 75 feet westerly of Manhattan Avenue, a line midway between West 105^th Street and Duke Ellington Boulevard-West 106^th Street, a line 75 feet westerly of Columbus Avenue, Duke Ellington Boulevard-West 106^th Street, a line 100 feet easterly of Amsterdam Avenue, West 104^th Street, and Amsterdam Avenue;

3.                      changing from an R8 District to an R8A District property bounded by a line midway between West 109th Street and Cathedral Parkway, Amsterdam Avenue, West 104th Street, a line 100 feet westerly of Amsterdam Avenue, a line midway between West 105th Street and Duke Ellington Boulevard-West 106th Street, a line 100 feet easterly of Broadway, a line midway between Duke Ellington Boulevard-West 106th Street and West 107th Street, and a line 100 feet westerly of Amsterdam Avenue;

4.                      changing from an R7-2 District to an R8B District property bounded by:

a.                      West 109th Street, Manhattan Avenue, a line midway between Duke Ellington Boulevard-West 106th Street and West 107th Street, and a line 100 feet easterly of

Amsterdam Avenue; and

b.                      a line midway between West 105^th Street and Duke Ellington Boulevard-West 106^th Street, a line passing through two points: the first on a line midway between West 105^th Street and Duke Ellington Boulevard-West 106^th Street distant 325 feet easterly (as measured along said line) from its point of intersection with the easterly street line of Amsterdam Avenue, and the second on the northerly street line of West 105^th Street distant 435 feet easterly (as measured along the street line) from the point of intersection of the easterly street line of Amsterdam Avenue and the northerly street line of West 105^th Street, West 105^th Street, a line 175 feet westerly of Columbus Avenue, a line midway between West 105^th Street and Duke Ellington Boulevard-West 106^th Street, a line 75 feet westerly of Manhattan Avenue, West 105^th Street, a line 50 feet westerly of Manhattan Avenue, West 104^th Street, and a line 100 feet easterly of Amsterdam Avenue;

5.                      changing from an R8 District to an R8B District property bounded by:

a.                      West 109th Street, a line 100 feet westerly of Broadway, West 107th Street, a line 100 feet westerly of West End Avenue; West 97th Street, a line 100 feet easterly of Riverside Drive, West 98th Street, and a line 100 feet easterly of Riverside Drive;

b.                      a line midway between West 103rd Street and West 104th Street, a line 100 feet westerly of Broadway, West 97th Street, and a line 100 feet easterly of West End Avenue;

c.                      a line midway between Cathedral Parkway and West 109th Street, a line 100 feet westerly of Amsterdam Avenue, a line midway between Duke Ellington Boulevard-West 106th Street and West 107th Street, and a line 100 feet easterly of Broadway;

d.                      a line midway between West 105th Street and Duke Ellington Boulevard-West 106th Street, a line 100 feet westerly of Amsterdam Avenue, West 97th Street, and a line 100 feet easterly of Broadway; and

e.                      West 105th Street, a line 100 feet westerly of Central Park West, West 100th Street, and a line 95 feet easterly of Manhattan Avenue; and

6.                      changing from an R8 District to an R9A District property bounded by:

a.                      Cathedral Parkway, a line 100 feet easterly of Broadway, a line midway between West 107th Street and West 108th Street, and a line 100 feet westerly of Broadway;

and

b.                     Duke Ellington Boulevard-West 106th Street, a line 100 feet easterly of Broadway,

West 97th Street, a line 100 feet westerly of Broadway, West 105^th Street, and West End Avenue;

as shown on a diagram (for illustrative purposes only) dated April 23rd 2007, and subject to the conditions of CEQR Declaration E-182, Community District 7, 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 September 25, 2007, on file in this office.

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                                                                                                                                                                                                       City Clerk, Clerk of The Council