THE COUNCIL OF THE CITY OF NEW YORK
RESOLUTION NO. 1591
Resolution approving the decision of the City Planning Commission on Application No. N 120305 ZRM, for an amendment of the Zoning Resolution of the City of New York, relating to Article IX, Chapter 6 (Special Clinton District) (L.U. No. 725).
By Council Members Comrie and Weprin
WHEREAS, the City Planning Commission filed with the Council on October 22, 2012 its decision dated October 17, 2012 (the "Decision"), pursuant to Section 201 of the New York City Charter, regarding an application submitted by Clinton Park Holdings, for an amendment of the text of the Zoning Resolution of the City of New York, relating to Article X, Chapter 6 (Special Clinton District) to allow certain accessory parking to be exempted from floor area (Application No. N 120305 ZRM), Community District 4, Borough of Manhattan (the "Application");
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 26, 2012;
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 Final Environmental Impact Statement ("FEIS") for which a Notice of Completion was issued on March 6, 2009 and the CEQR Technical Memoranda dated March 17, 2009 and June 15, 2012 (the "Technical Memoranda") (CEQR No. 07DCP071M);
RESOLVED:
Having considered the FEIS and the Technical Memoranda with respect to the Decision and Application, the Council finds that:
(1) The FEIS meets the requirements of 6 N.Y.C.R.R. Part 617;
(2) Consistent with social, economic and other essential considerations, from among the reasonable alternatives, the proposed action is the one which minimizes or avoids adverse environmental effects to the maximum extent practicable, including the effects disclosed in the FEIS; and
(3) The adverse environmental impacts disclosed in the FEIS and the Technical Memoranda will be minimized or avoided to the maximum extent practicable by incorporating as conditions to the approval those mitigative measures which were identified as practicable; and
(4) The Decision, together with the FEIS and Technical Memoranda, constitute the written statement of facts, and of social, economic and other factors and standards that form the basis of this determination, pursuant to 6 N.Y.C.R.R. §617.11(d).
Pursuant to Sections 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 this report, N 120305 ZRM, incorporated by reference herein, 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 strikeout is old, to be deleted;
Matter within # # is defined in Section 12-10;
* * * indicate where unchanged text appears in the Zoning Resolution
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Article IX, Chapter 6 - Special Clinton District.
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96-80
EXCLUDED AREAS
Except as provided in this Section, the regulations set forth in this Chapter shall not apply to the following areas:
(a) parcels within the blocks bounded by West 50th Street, Tenth Avenue, West 56th Street and Eleventh Avenue, provided that in this area the provisions of Sections 96-40 (MODIFICATION OF GENERAL LARGE-SCALE DEVELOPMENT PROVISIONS), 96-51 (Mandatory Tree Planting Provisions) and 96-82 (C6-3X Districts) shall apply.
In addition, for parcels in C6-3X Districts, bounded by West 53rd Street, Tenth Avenue, West 54th Street and Eleventh Avenue, the following shall be permitted #uses# below the level of any floor occupied by #dwelling units#:
(1) automobile showrooms with automobile sales and preparation of automobiles for delivery;
(2) automobile repairs; and
(3) New York City Police Department stables for horses, with #accessory# automobile parking.
Should the floor to ceiling height of such Police Department stable, as measured from the #base plane#, exceed 23 feet, then any floor space occupied by #accessory# parking located on the floor immediately above the floor occupied by such Police Department stable and immediately below the level of any floor occupied by #dwelling units# shall be exempted from the definition of #floor area#.
For a #building#, that at the time of approval by the Department of Buildings, included space designed for stable use for New York City Police Department horses, and the ceiling height of such stable space, as measured from the #base plane#, exceeds 23 feet, then any floor space occupied by #accessory# parking located on the floor immediately above such stable space and immediately below the level of any floor occupied by #dwelling units# shall be exempted from the definition of #floor 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 November 27, 2012, on file in this office.
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City Clerk, Clerk of The Council