THE COUNCIL OF THE CITY OF NEW YORK

RESOLUTION NO. 901

Resolution approving the application submitted by the New York City Department of Housing Preservation and Development (“HPD”) and the decision of the City Planning Commission, ULURP No. C 150358 HAK, approving the designation of property located at 337 Berry Street (Block 2443, Lot 6), 101 South 5^th Street (Block 2443, Lot 37), and 99 South 5^th Street (Block 2443, Lot 41), Borough of Brooklyn, as an Urban Development Action Area, approving an Urban Development Action Area Project, and approving the disposition of city-owned property located at 337 Berry Street (Block 2443, Lot 6), 101 South 5^th Street (Block 2443, Lot 37), and 99 South 5^th Street (Block 2443, Lot 41) to a developer selected by HPD (L.U. No. 294; C 150358 HAK).

By Council Members Greenfield and Dickens

WHEREAS, the City Planning Commission filed with the Council on October 2, 2015 its decision dated September 22, 2015 (the "Decision"), on the application submitted by the New York City Department of Housing Preservation and Development pursuant to Section 197-c of the New York City Charter and Article 16 of the General Municipal Law of New York State regarding:

a)                     the designation of property located at 337 Berry Street (Block 2443, Lot 6), 101 South 5^th Street (Block 2443, Lot 37), and 99 South 5^th Street (Block 2443, Lot 41), as an Urban Development Action Area (the "Area");

b)                     an Urban Development Action Area Project for the Area (the "Project"); and

pursuant to Section 197-c of the New York City Charter for the disposition of city-owned property located at 337 Berry Street (Block 2443, Lot 6), 101 South 5^th Street (Block 2443, Lot 37), and 99 South 5^th Street (Block 2443, Lot 41), to a developer to be selected by the New York City Department of Housing Preservation and Development to facilitate the development of an eleven-story mixed-use building with 55 units of affordable housing and ground-level commercial and community facility space, Community District 1, Borough of Brooklyn (ULURP No. C 150358 HAK) (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, the Application and Decision are subject to review and action by the Council pursuant to Article 16 of the General Municipal Law of New York State;

WHEREAS, by letter dated October 5, 2015 and submitted to the Council on October 14, 2015, HPD submitted its requests (the “HPD Requests”) respecting the Application including a project summary (the “Project Summary”);

                       WHEREAS, upon due notice, the Council held a public hearing on the Application and Decision on October 22, 2015;

                       WHEREAS, the Council has considered the land use and financial implications and other policy issues relating to the Application;

WHEREAS, the Council has considered the relevant environmental issues including the negative declaration (CEQR No. 15HPD053K) dated May 13, 2015 (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 Section 197-d and Article 16 of the General Municipal Law of the New York City Charter, based on the environmental determination and the consideration described in the report (C 150358 HAK) and incorporated by reference herein, the Council approves the Decision of the City Planning Commission and the HPD Requests.

                       The Council finds that the present status of the Area tends to impair or arrest the sound growth and development of the City of New York and that a designation of the Project as an urban development action area project is consistent with the policy and purposes stated in Section 691 of the General Municipal Law.

                       The Council approves the designation of the Area as an urban development action area pursuant to Section 693 of the General Municipal Law.

                       The Council approves the Project as an urban development action area project pursuant to Section 694 of the General Municipal Law and subject to the terms and conditions of the Project Summary.

                       The Project shall be developed in a manner consistent with the Project Summary submitted by HPD on October 5, 2015, a copy of which is attached hereto and made a part hereof.

                     The Council approves the disposition of 337 Berry Street (Block 2443, Lot 6), 101 South 5^th Street (Block 2443, Lot 37), and 99 South 5^th Street (Block 2443, Lot 41), to a developer selected by HPD.

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 October 29, 2015, on file in this office.

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                                                                                                                                                                                                        City Clerk, Clerk of The Council