THE COUNCIL OF THE CITY OF NEW YORK
RESOLUTION NO. 726
Resolution approving with modifications the decision of the City Planning Commission on ULURP No. C 150129 ZSM (L.U. No. 200), for the grant of a special permit pursuant to Section 81-641 of the Zoning Resolution to allow an increase in floor area in excess of the basic maximum floor area ratio established in Row A of the Table in Section 81-211 (Maximum floor area ratio for non-residential or mixed buildings) up to a maximum floor area as set forth in Row O of such Table to facilitate the development of a commercial building on property bounded by 42nd Street, Madison Avenue, 43rd Street, and Vanderbilt Avenue (Block 1277, Lots 20, 27, 46, and 52), in a C5-3 District, within the Special Midtown District (Grand Central Subdistrict), in Community Districts 5 and 6, Borough of Manhattan.
By Council Members Greenfield and Weprin
WHEREAS, the City Planning Commission filed with the Council on March 30, 2015 its decision dated March 30, 2015 (the "Decision"), on the application submitted by Green 317 Madison LLC and Green 110 East 42nd LLC, pursuant to Sections 197-c and 201 of the New York City Charter, for the grant of a special permit pursuant to Section 81-641 of the Zoning Resolution to allow an increase in floor area in excess of the basic maximum floor area ratio established in Row A of the Table in Section 81-211 (Maximum floor area ratio for non-residential or mixed buildings) up to a maximum floor area as set forth in Row O of such Table to facilitate the development of a commercial building on property bounded by 42nd Street, Madison Avenue, 43rd Street, and Vanderbilt Avenue (Block 1277, Lots 20, 27, 46, and 52), in a C5-3 District, within the Special Midtown District (Grand Central Subdistrict), (ULURP No. C 150129 ZSM), Community Districts 5 and 6, Borough of Manhattan (the "Application");
WHEREAS, the application is related to Applications N 150127 ZRM (L.U. No. 197), a Zoning Text Amendment, by the Department of City Planning, to the Special Midtown District to establish the Vanderbilt Corridor; C 140440 MMM (L.U. No. 198), an amendment to the City Map, by the Department of City Planning, involving the elimination, discontinuance and closing of Vanderbilt Avenue between East 42nd Street and East 43rd Street; the establishment of Public Place above a lower limiting plane; and the adjustment of grades necessitated thereby; C150128 ZSM (L.U. No. 199), a Zoning Special Permit pursuant to Section 81-635 to transfer development rights from the New York City Landmark Bowery Savings Bank building; and C 150130 (A) ZSM (L.U. No. 201), a Special Permit pursuant to Section 81-642 to modify certain mandatory district plan elements, street wall, height, setback and curb cut regulations;
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 81-641 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 April 13, 2015;
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 and the Final Environmental Impact Statement ("FEIS"), for which a Notice of Completion was issued on March 20, 2015 (CEQR No. 14DCP188M), the CEQR Technical Memoranda dated March 27, 2015 and May 15, 2015 (the "CEQR Technical Memoranda");
RESOLVED:
Having considered the FEIS and the CEQR 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 available, the Modified Ground Floor Alternative, as modified with the modifications adopted herein and as analyzed in Chapter 17, "Alternatives to the Proposed Actions," of the FEIS and in the CEQR Technical Memoranda (the "Modified Proposed Action") is one which avoids or minimizes adverse environmental impacts to the maximum extent practicable; and;
(3) The adverse environmental impacts identified in the Modified Proposed Action will be minimized or avoided to the maximum extent practicable by incorporating as conditions to the approval, pursuant to the Restrictive Declaration dated March 30, 2015, executed by 317 Madison LLC, 51E42 Owner LLC, SLG 48E43 LLC and SGL 331 Madison LLC, as modified by the New York City Council as of May 7, 2015, those mitigation measures that were identified as practicable, and the placement of (E) designations (E-357) for Hazardous Materials, Air Quality, and Noise (as set forth in Exhibit B to the CPC Decision (C 150129 ZSM)), which form part of the action;
(4) The Decision, together with the FEIS and the CEQR Technical Memoranda, 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 150129 ZSM, incorporated by reference herein, the Council approves the Decision with the following modifications and subject to the following conditions:
Matter in double strikeout is old, deleted by the Council;
Matter in double-underline is new, added by the Council;
1. The property that is the subject of this application (C 150129 ZSM) shall be developed in size and arrangement substantially in accordance with the dimensions, specifications and zoning computations indicated on the following plans, prepared by Kohn Pedersen Fox Associates, P.C. and Stantec Consulting Ltd., filed with this application and incorporated in this resolution:
Dwg. No. |
Title |
Last Received Date |
Z-102 |
Zoning Calculations |
January 23, 2015 05/18/15 |
Z-103 |
Zoning Calculations |
January 16, 2015 05/18/15 |
Z-104 |
Zoning Lot Site Plan |
March 25, 2015 05/18/15 |
Z-105 |
Ground Floor Plan |
March 25, 2015 05/18/15 |
Z-200 |
Retail Continuity - South/East 42nd Street |
March 25, 2015 05/18/15 |
Z-201 |
Retail Continuity - West/Madison Avenue |
January 16, 2015 05/18/15 |
Z-202 |
Street Wall and Waivers - Sections |
October 20, 2014 |
Z-203 |
Street Wall and Waivers - Section |
October 20, 2014 |
Z-204 |
Street Wall and Waivers - Section |
October 20, 2014 |
Z-205 |
Street Wall and Waivers - Axons |
October 20, 2014 |
Z-206 |
Pedestrian Circulation and Waivers |
March 25, 2015 05/18/15 |
Z-207 |
Building Entrance Recess and Retail Continuity Waivers |
March 25, 2015 05/18/15 |
Z-300 |
Daylight Compensation Analyses |
October 20, 2014 |
Z-301 |
Daylight Compensation Analyses |
October 20, 2014 |
Z-302 |
Daylight Compensation Analysis |
October 20, 2014 |
Z-303 |
Daylight Compensation Analyses |
October 20, 2014 |
Z-304 |
Daylight Compensation Analyses |
October 20, 2014 |
Z-305 |
Daylight Evaluation Analyses |
October 20, 2014 |
Z-306 |
Daylight Evaluation Analyses - VP1 |
October 20, 2014 |
Z-307 |
Daylight Evaluation Analyses - VP2 |
October 20, 2014 |
Z-308 |
Daylight Evaluation Analyses - VP3 |
October 20, 2014 |
Z-309 |
Daylight Evaluation Analyses - VP4 |
October 20, 2014 |
Z-310 |
Daylight Evaluation Analyses - VP5 |
October 20, 2014 |
Z-311 |
Daylight Evaluation Analyses - VP6 |
October 20, 2014 |
Z-312 |
Daylight Evaluation Analyses - VP7 |
October 20, 2014 |
Z-313 |
Daylight Evaluation Analyses - VP8 |
October 20, 2014 |
Z-400 |
Transit Hall - Plan |
March 25, 2015 05/18/15 |
Z-401 |
Transit Hall - Sections |
March 25, 2015 05/18/15 |
Z-402 |
Transit Hall - Details |
March 25, 2015 |
Z-503 |
Zoning Envelope - Building Elevations and Sections |
March 25, 2015 05/18/15 |
KP-1 |
On-site/Key Plan/Ground Level |
March 25, 2015 05/18/15 |
KP-2 |
On-site/Key Plan/B1 Level |
January 16, 2015 05/18/15 |
KP-3 |
On-site/Key Plan/B2 Level |
October 15, 2014 05/18/15 |
KP-4 |
On-site/Key Plan/ESA Level |
October 15, 2014 05/18/15 |
PV-1 |
On-site/Ground Level |
March 25, 2015 05/18/15 |
PV-2 |
On-site/B1 Level |
January 16, 2015 05/18/15 |
PV-3 |
On-site/B2 Level |
October 15, 2014 05/18/15 |
PV-4 |
On-site/ESA Level |
October 15, 2014 05/18/15 |
PV-5 |
On-site/Longitudinal Section 1 |
October 15, 2014 05/18/15 |
PV-6 |
On-site/Longitudinal Section 2 |
January 16, 2015 05/18/15 |
PV-7 |
On-site /Transverse Section 3 |
January 16, 2015 05/18/15 |
KP-1 |
Off-site/Key Plan/Ground Level |
October 15, 2014 |
KP-2 |
Off-site/Key Plan/Mezzanine Level |
October 15, 2014 |
KP-3 |
Off-site/Key Plan/Platform Level |
October 15, 2014 |
PN-1 |
Off-site/North End/Ground Level |
October 15, 2014 |
PN-2 |
Off-site/North End/Mezzanine Level |
October 15, 2014 |
PN-3 |
Off-site/North End/Platform Level |
October 15, 2014 |
PS-1 |
Off-site/South End/Mezzanine Level |
October 15, 2014 |
PS-2 |
Off-site/South End/Platform Level |
October 15, 2014 |
PM-1 |
Off-site/Mobile Passageway/Ground Level |
October 15, 2014 |
PM-2 |
Off-site/Mobile Passageway/Mezzanine Level |
October 15, 2014 |
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. Development pursuant to this resolution shall be allowed only after the Restrictive Declaration dated March 30, 2015, executed by 317 Madison LLC, 51E42 Owner LLC, SLG 48E43 LLC and SGL 331 Madison LLC, as modified by the New York City Council as of May 7, 2015, shall have been recorded in the Office of the Register of the City of New York, County of New York. Such Restrictive Declaration shall be deemed incorporated herein as a condition of this resolution.
5. 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.
6. 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.
7. 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 May 27, 2015, on file in this office.
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City Clerk, Clerk of The Council