THE COUNCIL OF THE CITY OF NEW YORK
RESOLUTION NO. 101
Resolution approving the decision of the City Planning Commission on ULURP No. C 220059 ZSM, for the grant of a special permit (L.U. No. 13).
By Council Members Salamanca and Louis
WHEREAS, the New York City Department of Housing Preservation and Development (HPD), filed an application pursuant to Sections 197-c and 201 of the New York City Charter for the grant of a special permit pursuant to Section 74-903 of the Zoning Resolution to modify the requirements of Section 24-111 (Maximum floor area ratio for certain community facility uses) to permit the allowable community facility floor area ratio of Section 24-11 (Maximum Floor Area Ratio and Percentage of Lot Coverage) to apply to a non-profit institution with sleeping accommodations, in connection with a proposed 15-story building on property located at 107-111 East 123rd Street (Block 1772, Lots 4, 7 and 8), in an R7-2 District, which in conjunction with the related action would facilitate the development of a 15-story building containing 81 supportive and affordable housing units, plus one superintendent’s unit, and community facility space for formerly homeless individuals and low-income individuals and households in East Harlem, Manhattan Community District 11 (ULURP No. C 220059 ZSM) (the “Application”);
WHEREAS, the City Planning Commission filed with the Council on February 4, 2022, its decision dated January 31, 2022 (the “Decision”) on the Application;
WHEREAS, the Application is related to application C 220060 HAM (L.U. No. 14), a designation of an Urban development Action Area (UDAA) and project approval (UDAAP), and disposition of city-owned property;
WHEREAS, the Decision is subject to review and action by the Council pursuant to Section 197-d of the City Charter;
WHEREAS, the City Planning Commission has made the findings required pursuant to Section 74-903 of the Zoning Resolution of the City of New York;
WHEREAS, upon due notice, the Council held a public hearing on the Decision and Application on February 16, 2022;
WHEREAS, the Council has considered the land use and environmental 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 issued August 23rd, 2021 (CEQR No. 21HPD004M) (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 Sections 197-d and 201 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 220059 ZSM, incorporated by reference herein, and the record before the Council, the Council approves the Decision of the City Planning Commission.
1. The property that is the subject of this application (C 220059 ZSM) shall be developed in size and arrangement substantially in accordance with the dimensions, specifications and zoning computations indicated on the following approved drawings, prepared by Curtis + Ginsberg Architects, filed with this application and incorporated in this resolution:
Dwg. No. Title Last Date Revised
Z-002 Site Plan 06/25/2021
Z-003 Zoning Analysis 06/25/2021
Z-006 Sections 06/25/2021
2. Such development shall conform to all applicable provisions of the Zoning Resolution, except for the modifications specifically granted in this resolution and shown on the plans listed above which have been filed with this application. All zoning computations are subject to verification and approval by the New York City Department of Buildings.
3. Such development shall conform to all applicable laws and regulations relating to its construction, operation and maintenance.
4. All leases, subleases, or other agreements for use or occupancy of space at the subject property shall give actual notice of this special permit to the lessee, sub-lessee or occupant.
5. Upon the failure of any party having any right, title or interest in the property that is the subject of this application, or the failure of any heir, successor, assign, or legal representative of such party, to observe any of the covenants, restrictions, agreements, terms or conditions of this resolution whose provisions shall constitute conditions of the special permit hereby granted, the City Planning Commission may, without the consent of any other party, revoke any portion of or all of said special permit. Such power of revocation shall be in addition to and not limited to any other powers of the City Planning Commission, or of any other agency of government, or any private person or entity. Any such failure as stated above, or any alteration in the development that is the subject of this application that departs from any of the conditions listed above, is grounds for the City Planning Commission or the City Council, as applicable, to disapprove any application for modification, cancellation or amendment of the special permit hereby granted.
6. Neither the City of New York nor its employees or agents shall have any liability for money damages by reason of the city’s or such employee’s or agent’s failure to act in accordance with the provisions of this special permit.
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 __________, 2022, on file in this office.
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City Clerk, Clerk of The Council