THE COUNCIL OF THE CITY OF NEW YORK
RESOLUTION NO. 1377
Resolution approving the decision of the City Planning Commission on Application No. N 070539 ZRM, an amendment of the Zoning Resolution of the City of New York, relating to Article IX, Chapter 6 (Special Clinton District (L.U. No. 718).
By Council Members Katz and Avella
WHEREAS, the City Planning Commission filed with the Council on March 10, 2008 its decision dated March 10, 2008 (the "Decision"), pursuant to Section 201 of the New York City Charter, regarding an application submitted by Real Estate Industrials, Inc. for an amendment of the Zoning Resolution of the City of New York, relating to Article IX, Chapter 6 (Special Clinton District) (Application No. N 070539 ZRM), (the "Application");
WHEREAS, the Application is related to ULURP Applications Numbers C 070289 ZMM (L.U. No. 698), an amendment to the Zoning Map, changing an existing M1-5 District to R8/C2-5 Districts; and C 070290 ZSM (L.U. No. 721), a special permit pursuant to Sections 13-562 and 74-52 of the Zoning Resolution to permit a public parking garage with a maximum of 88 spaces;
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 April 15, 2008;
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 Conditional Negative Declaration, issued on March 10, 2008 (CEQR No. 07DCP043M),
RESOLVED:
The Council finds that the action described herein will have no significant effect on the environment subject to the following condition:
The applicant agrees via restrictive declarations to prepare hazardous materials sampling protocols, including health and safety plans, which would be submitted to the Department of Environmental Protection (DEP) for approval. The applicant agrees to test and identify any potential hazardous material impact pursuant to the approved sampling protocols and, if any such impact is found, submit hazardous material remediation plans including health and safety plans to DEP for approval. If necessary, remediation measures would be undertaken pursuant to the remediation plans; and
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 as follows:
Matter in underline is new, to be added;
Matter in strike out is old, to be deleted;
Matter within # # is defined in Section 12-10 (DEFINITIONS)
*** indicates where unchanged text appears in the Resolution
Article IX - Special Purpose Districts
Chapter 6
Special Clinton District
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96-31
Special Regulations in R8 Districts
In R8 Districts in Other Areas west of Tenth Avenue, the following special regulations shall apply:
(a) the provisions of Sections 96-101 (Floor area regulations) and 96-104 (Height regulations) shall apply to all #developments# and #enlargements#; and
(b) the provisions of Section 96-102 (Lot coverage regulations) shall apply to all #developments# and #enlargements# except for all portions of a #zoning lot# located in an Other Area and more than 100 feet from the #street line# of a #wide street#, the maximum #lot coverage# shall not exceed 70 percent of the portion of the #zoning lot# in the Other Area.
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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 April 16, 2008, on file in this office.
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City Clerk, Clerk of The Council