THE COUNCIL OF THE CITY OF NEW YORK
RESOLUTION NO. 1288
Resolution approving with modifications the decision of the City Planning Commission on ULURP No. C 120029 ZSM (L.U. No. 559), for the grant of special permits pursuant to Section 74-743(a)(1) - to allow the distribution of required open space under the applicable district regulations without regard for zoning lot lines; Section 74-743(a)(2) - to allow the location of buildings without regard for the height and setback requirements of Sections 23-632 and 33-432, the rear yard setback requirements of Section 23-663, and the inner court recess requirements of Section 23-843; and Section 74-743(a)(4) - to allow the maximum floor area ratio permitted pursuant to Section 23-142 for the applicable district without regard for the height factor or open space ratio requirements; in connection with a proposed mixed use development on property located at 133-147 West 11th Street (Block 607, Lot 1 and Block 617, Lot 1) in R8, C6-2 and C2-7 Districts, Borough of Manhattan.
By Council Members Comrie and Weprin
WHEREAS, the City Planning Commission filed with the Council on January 24, 2012 its decision dated January 23, 2012 (the "Decision"), on the application submitted by West Village Residences, LLC and Saint Vincent's Catholic Medical Centers of New York, pursuant to Sections 197-c and 201 of the New York City Charter, for the grant of special permits pursuant to the following sections of the Zoning Resolution of the City of New York:
1. Section 74-743(a)(1) - to allow the distribution of required open space under the applicable district regulations without regard for zoning lot lines;
2. Section 74-743(a)(2) - to allow the location of buildings without regard for the height and setback requirements of Sections 23-632 and 33-432, the rear yard setback requirements of Section 23-663, and the inner court recess requirements of Section 23- 843; and
3. Section 74-743(a)(4) - to allow the maximum floor area ratio permitted pursuant to Section 23-142 for the applicable district without regard for the height factor or open space ratio requirements;
in connection with a proposed mixed use development on property located at 133-147 West 11th Street a.k.a. 1-19 Seventh Avenue a.k.a. 134-178 West 12th Street (Block 607, Lot 1) in R8 and C6-2 Districts, within a Large-Scale General Development bounded by West 12th Street, a line 475 feet easterly of Seventh Avenue, a line midway between West 11th Street and West 12th Street, a line 425 feet easterly of Seventh Avenue, West 11th Street, and Greenwich Avenue (Block 607, Lot 1 and Block 617, Lot 1), in R8, C6-2 and C2-7 Districts (ULURP No. C 120029 ZSM), Community District 2, Borough of Manhattan (the "Application");
WHEREAS, the Application is related to Applications C 120030 ZSM (L.U. No. 560), a special permit pursuant to Section 74-744(b) to modify the use location requirements of Section 32-422 (Location of floors occupied by commercial uses) within a Large-Scale General Development; C 120031 ZSM (L.U. No. 561), a special permit pursuant to Section 13-561 of the Zoning Resolution to allow an accessory parking garage with a maximum capacity of 152 spaces within a Large-Scale General Development; N 120032 ZRM (L.U. No. 562), a zoning text amendment relating to Section 74-743 (Special Provisions for bulk modifications); and C 120033 ZMM (L.U. No. 563), a zoning map amendment to change existing R6 and C1-6 Districts to an R8 District and to change C2-6 District to a C6-2 District;
WHEREAS, the Decision is subject to review and action by the Council pursuant to Section 197-d(b)(3) of the City Charter;
WHEREAS, the City Planning Commission has made the findings required pursuant to Section 74-743 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 March 6, 2012;
WHEREAS, the Council has considered the land use implications and other policy issues relating to the Decision and Application; and
WHEREAS, the restrictive declaration of January 23, 2012 has been further amended and attached hereto;
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 January 12, 2012, which identified significant adverse impacts with regard to construction noise (CEQR No. 10DCP003M);
RESOLVED:
Having considered the FEIS together with respect to the Decision, the Council finds that:
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- The FEIS meets the requirements of 6 N.Y.C.R.R. Part 617;
- Consistent with social, economic and other essential considerations, from among the reasonable alternatives thereto, the action is approved is one which minimizes or avoids adverse environmental impacts to the maximum extent practicable; and
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- The adverse environmental impacts disclosed in the FEIS will be minimized or avoided to the maximum extent practicable by incorporating as conditions to the approval, pursuant to a Restrictive Declaration, dated January 23, 2012, and further amended March 26, 2012, those project components related to the environment and mitigation measures that were identified as practicable.
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- The Decision together with the FEIS constitute the written statement of facts, and of social, economic and other factors and standards that form the basis of the decision, 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, C 120029 ZSM, the Technical Memorandum dated March 23, 2012, both incorporated by reference herein, the Council approves the Decision with the following modifications:
Matter in [brackets] is old, to be deleted by the City Council;
Matter double-underlined is new, to be added by the City Council.
1. The property that is the subject of this application (120029 ZSM) shall be developed in the size and arrangement substantially in accordance with the dimensions, specifications and zoning computations indicated on the following plans, filed with this application and incorporated in this resolution:
Prepared by FXFowle:
Drawing Number Title Last Date Revised
Z-10 ATTACHMENT #2 [December 28, 2011] March 26, 2012
Proposed Large-Scale General
Development Site Plan
Z-11 ATTACHMENT #2 & #4 [December 28, 2011] March 26, 2012
Zoning Calculations
Z-12 ATTACHMENT #6 [December 28, 2011] March 26, 2012
Floors 1, 2, 3 Plans Use Waiver
Z-20A ATTACHMENT #5 [August 10, 2011] March 26, 2012
East Site Dimensioned Building Plan
Z-20B ATTACHMENT #5 [August 10, 2011] March 26, 2012
Height & Setback Encroachment
Diagrams - Plan
Z-20C ATTACHMENT #5 [August 10, 2011] March 26, 2012
Court Plans and Sections
Z-21 ATTACHMENT #5 [August 10, 2011] March 26, 2012
Height & Setback Encroachment
Diagrams - Sections
Z-22 ATTACHMENT #5 [August 10, 2011] March 26, 2012
Height & Setback Encroachment
Diagrams - Sections
Z-23 ATTACHMENT #5 [August 10, 2011] March 26, 2012
Height & Setback Encroachment
Diagrams Elevations
Prepared by MPFP LLC:
Drawing Number |
Title |
Last Date Revised |
L-101 |
Triangle Park Key & Dimension Plan |
January 17, 2012 |
L-102 |
Triangle Park Paving Plan |
December 28, 2011 |
L-103 |
Triangle Park Planting Plan |
December 28, 2011 |
L-104 |
Triangle Park Lighting Plan |
December 28, 2011 |
L-111 |
Triangle Park Bench Details |
December 28, 2011 |
L-112 |
Triangle Park Fence Details |
December 28, 2011 |
L-113 |
Triangle Park Gate Details |
January 17, 2012 |
L-114 |
Triangle Park Furniture Details |
January 17, 2012 |
L-115 |
Triangle Park Paving Details |
December 28, 2011 |
L-116Triangle Park Streetscape DetailsDecember 28, 2011 |
|
|
L-201 |
Courtyard Key & Dimension Plan |
December 28, 2011 |
L-202 |
Courtyard Enlargement Plan 1 |
December 28, 2011 |
L-203 |
Courtyard Enlargement Plan 2 |
December 28, 2011 |
L-204 |
Courtyard Enlargement Plan 3 |
December 28, 2011 |
L-205 |
Courtyard Planting Details |
December 28, 2011 |
L-206 |
Courtyard Seating Details |
December 28, 2011 |
L-207 |
Courtyard Seating Details |
December 28, 2011 |
L-208 |
Courtyard Seatwall Details |
December 28, 2011 |
L-209 |
Courtyard Paving Plan & Details |
December 28, 2011 |
L-210 |
Courtyard Planting Plan |
December 28, 2011 |
2. All references to the restrictive declaration executed as of January 23, 2012 shall refer instead to a restrictive declaration executed as of March 26, 2012, and such restrictive declaration shall incorporate and reflect all changes attached hereto.
3. Such development shall conform to all applicable laws and regulations relating to its construction, operation and maintenance.
4. Development pursuant to this resolution shall be allowed only after a restrictive declaration in the form executed by West Village Residences LLC on January 23, 2012, and including administrative and technical changes accepted by counsel to the City Planning Commission, is executed by West Village Residences LLC, and all parties in interest, and is recorded and filed in the Office of the Register of the City of New York, County of New York.
5. The development shall include those mitigative measures listed in the Final Impact Statement (CEQR No. 10DCP003M) issued on January 12, 2012 and identified as practicable.
6. In the event the property that is the subject of the application is developed as, sold as, or converted to condominium units, a homeowners' association, or cooperative ownership, a copy of this report and resolution and any subsequent modifications shall be provided to the Attorney General of the State of New York at the time of application for any such condominium, homeowners' or cooperative offering plan and, if the Attorney General so directs, shall be incorporated in full in any offering documents relating to the property.
7. 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.
8. 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.
9. 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 March 28, 2012, on file in this office.
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City Clerk, Clerk of The Council