New York City Council Header
File #: Res 0806-2015    Version: * Name: LU 250 - Zoning, 41 Great Jones St, Manhattan (C 150146 ZSM)
Type: Resolution Status: Adopted
Committee: Committee on Land Use
On agenda: 7/23/2015
Enactment date: Law number:
Title: Resolution approving the decision of the City Planning Commission on ULURP No. C 150146 ZSM (L.U. No. 250), for the grant of a special permit to Section 74-711 of the Zoning Resolution of the City of New York to modify the use regulations of Section 42-10 to allow residential use (Use Group 2 use) on portions of the cellar, ground floor, 2nd - 5th floors, and proposed 6th floor of an existing 5-story building, on a property located at 41 Great Jones Street (Block 530, Lot 27), in an M1-5B District, within the NoHo Historic District Extension, Community District 2, Borough of Manhattan.
Sponsors: David G. Greenfield, Donovan J. Richards
Council Member Sponsors: 2
Attachments: 1. Land Use Calendar - Week of July 20, 2015 - July 24, 2015, 2. Land Use Calendar - July 21, 2015, 3. July 23, 2015 - Stated Meeting Agenda with Links to Files, 4. Committee Report, 5. Hearing Transcript of the Stated Meeting - July 23, 2015, 6. Minutes of the Stated Meeting - July 23, 2015

THE COUNCIL OF THE CITY OF NEW YORK

RESOLUTION NO. 806

 

Resolution approving the decision of the City Planning Commission on ULURP No. C 150146 ZSM (L.U. No. 250), for the grant of a special permit to Section 74-711 of the Zoning Resolution of the City of New York to modify the use regulations of Section 42-10 to allow residential use (Use Group 2 use) on portions of the cellar, ground floor, 2nd - 5th floors, and proposed 6th floor of an existing 5-story building, on a property located at 41 Great Jones Street (Block 530, Lot 27), in an M1-5B District, within the NoHo Historic District Extension, Community District 2, Borough of Manhattan.

 

By Council Members Greenfield and Richards

 

WHEREAS, the City Planning Commission filed with the Council on June 19, 2015 its decision dated June 17, 2015 (the "Decision"), on the application submitted by 41 Great Jones Holdings, LLC,   pursuant to Sections 197-c and 201 of the New York City Charter, for the grant of a special permit to Section 74-711 of the Zoning Resolution of the City of New York to modify the use regulations of Section 42-10 to allow residential use (Use Group 2 use) on portions of the cellar, ground floor, 2nd - 5th floors, and proposed 6th floor of an existing 5-story building, on a property located at 41 Great Jones Street (Block 530, Lot 27), in an M1-5B District, within the NoHo Historic District Extension, (ULURP No. C 150146 ZSM), Community District 2, Borough of Manhattan (the "Application");

 

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 74-711 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 July 20, 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, including the revised negative declaration (CEQR No. 15DCP025M) issued on June 15, 2015, (the “Revised Negative Declaration”);

 

 

RESOLVED:

 

                     The Council finds that the action described herein will have no significant impact on the environment as set forth in the Revised Negative Declaration.

 

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 150146 ZSM, incorporated by reference herein, the Council approves the Decision subject to the following conditions:

 

1.                     The property that is the subject of this application (C 150146 ZSM) shall be developed in size and arrangement substantially in accordance with the dimensions, specifications and zoning computations indicated on the following approved plans, prepared by Morris Adjmi Architects, filed with this application and incorporated in this resolution:

 

Dwg. No.                      Title                                                                                                                               Last Date Revised

G-002.00                     Roof Plan/Site Plan                                                                                     12/16/14

G-003.00                     Ground Floor & Sidewalk Plan                                           12/16/14

Z-020.00                     Zoning Compliance Summary                                          1/14/15

Z-111.00                     Proposed Cellar Floor Plan                                                               1/14/15

Z-112.00                     Proposed Ground Floor Plan                                                               1/14/15

Z-113.00                     Proposed Second Floor Plan                                                               1/14/15

Z-114.00                     Proposed Third Floor Plan                                                               12/16/14

Z-115.00                     Proposed Fourth Floor Plan                                                               1/14/15

Z-116.00                     Proposed Fifth Floor Plan                                                               12/16/14

Z-117.00                     Proposed Sixth Floor Plan                                                               12/16/14

Z-118.00                     Proposed Roof Floor Plan                                                               12/16/14

Z-200.00                     Building Sections - 1                                                                                    12/16/14

Z-201.00                     Building Sections - 2                                                                                    12/16/14

Z-202.00                     Building Sections - 3                                                                                    12/16/14

 

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, operating and maintenance.

 

4.                     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 resolution and the restrictive declaration described below and any subsequent modifications to either document 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.

 

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.                     Development pursuant to this resolution shall be allowed only after the restrictive declaration, attached to the City Planning Commission Decision C 150146 ZSM, with such administrative changes as are acceptable to Counsel to the Department of City Planning, has been executed and recorded in the Office of the City Register, New York County. Such restrictive declaration shall be deemed incorporated herein as a condition of this resolution.

 

7.                     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 and the restrictive declaration the provisions of which 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 or breach of any of the conditions referred to above, may constitute grounds for the City Planning Commission or the City Council, as applicable, to disapprove any application for modification, renewal or extension of the special permit hereby granted.

 

8.                     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 action or 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 July 23, 2015, on file in this office.

 

 

 

 

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                                                                                                                                                                                                       City Clerk, Clerk of The Council