THE COUNCIL OF THE CITY OF NEW YORK
RESOLUTION NO. 489
Resolution approving the decision of the City Planning Commission on Application No. N 180202 ZRM (L.U. No. 145), for an amendment of the Zoning Resolution of the City of New York, modifying Article VII, Chapter 4 (Special Permits by the City Planning Commission) and modifying Appendix F for the purpose of establishing a Mandatory Inclusionary Housing area, Community District 3, Borough of Manhattan.
By Council Members Salamanca and Moya
WHEREAS, the City Planning Commission filed with the Council on June 27, 2018 its decision dated June 27, 2018 (the "Decision"), pursuant to Section 201 of the New York City Charter, regarding an application submitted by Fourteenth at Irving, LLC, and the New York City Economic Development Corporation, for an amendment of the text of the Zoning Resolution of the City of New York, modifying Article VII, Chapter 4 (Special Permits by the City Planning Commission) and modifying Appendix F for the purpose of establishing a Mandatory Inclusionary Housing area, which in conjunction with the related actions would facilitate the redevelopment of City-owned property with a 21-story, 209,246-square-foot technology-focused office and retail commercial building in the Union Square neighborhood of Community District 3 in Manhattan, (Application No. N 180202 ZRM), Community District 3, Borough of Manhattan (the "Application");
WHEREAS, the Application is related to applications C 180201 ZMM (L.U. No. 144), a zoning map amendment to change existing C6-2A, C6-3X, and C6-1 districts to a C6-4 district and C 180203 ZSM (L.U. No. 146), a special permit to modify the rear yard and height and setback requirements;
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 July 10, 2018;
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, including the negative declaration (CEQR No. 17DME002M) issued on January 22, 2018 which included an (E) designation to avoid the potential for significant adverse impacts related to hazardous materials and air quality (E-457) (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 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, N 180202 ZRM, incorporated by reference herein, the Council approves the Decision of the City Planning Commission.
Matter underlined is new, to be added;
Matter struck out is to be deleted;
Matter within # # is defined in Section 12-10;
* * * indicates where unchanged text appears in the Zoning Resolution.
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ARTICLE VII - ADMINISTRATION
Chapter 4 - Special Permits by the City Planning Commission
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74-72
Bulk Modification
74-721
Height and setback and yard regulations
(a) In C4-7, C5-2, C5-3, C5-4, C6-1A, C6-4, C6-5, C6-6, C6-7 or M1-6 Districts, the City Planning Commission may permit modification of the height and setback regulations, including tower coverage controls, for #developments# or #enlargements# located on a #zoning lot# having a minimum #lot area# of 40,000 square feet or occupying an entire #block#.
In C5-3, C6-6 and C6-7 Districts on such #zoning lots#, and in C6-4 Districts as set forth in paragraph (e) of this Section, the Commission also may modify #yard# and court regulations, and regulations governing the minimum required distance between #buildings# and/or the minimum required distance between #legally required windows# and walls or #lot lines#, provided that the Commission finds that such modifications:
(1) provide a better distribution of #bulk# on the #zoning lot#;
(2) result in a better relationship of the #building# to open areas, adjacent #streets# and surrounding development; and
(3) provide adequate light and air for #buildings# on the #zoning lot# and neither impair access to light and air to #legally required windows# in adjacent #buildings# nor adversely affect adjacent #zoning lots# by unduly restricting access to light and air to surrounding #streets# and properties.
As a condition of this special permit, if any open area extending along a #side lot line# is provided at any level, such open area shall be at least eight feet in width.
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(e) The City Planning Commission may also permit modification of all #bulk# regulations as set forth in paragraph (a) of this Section on #zoning lots# with a minimum #lot area# of 30,000 square feet, where such #zoning lot# is located in a C6-4 District in Manhattan Community District 3, has frontage on a #wide street# and existed on [date of amendment].
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APPENDIX F
Inclusionary Housing Designated Areas and Mandatory Inclusionary Housing Areas
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MANHATTAN
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Manhattan Community District 3
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Map 2 - (date of adoption)
Portion of Community District 3, Borough of Manhattan
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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 August 8, 2018, on file in this office.
.....……......................................... City Clerk, Clerk of The Council