THE COUNCIL OF THE CITY OF NEW YORK

RESOLUTION NO. 1309

Resolution approving the decision of the City Planning Commission on ULURP No. C 160290 ZSX (L.U. No. 486), for the grant of a special permit pursuant to Section 78-312(d) of the Zoning Resolution to modify the height and setback requirements of Section 23-632 on the periphery of a large-scale residential development, in connection with a proposed mixed-use development within a proposed large-scale residential development, on property generally bounded by Bronx Park South, Boston Road, East 180^th Street, the Bronx River, East Tremont Avenue, Boston Road, East 179^th Street, a line approximately 170 feet southeasterly of Boston Road, a line approximately 240 feet southwesterly of East 180^th Street, Boston Road, East 179^th Street, a line approximately 230 feet southeasterly of Vyse Avenue, East 180^th Street, the northwesterly street line of former Bryant Avenue, East 181^st Street, and Bryant Avenue (Block 3132, Lot 1, Block 3138, Lot 1, Block 3139, Lots 1, 19 & 50, and Block 3140, Lot 7), in R7-1, R7-1/C1-4, R8, and R8/C1-4 Districts,  Community District 6, Borough of the Bronx.

By Council Members Greenfield and Richards

                     WHEREAS, the City Planning Commission filed with the Council on October 3, 2016 its decision dated September 21, 2016 (the "Decision"), on the application submitted by the New York City Department of Housing Preservation and Development and Phipps Houses, pursuant to Sections 197-c and 201 of the New York City Charter, for the grant of a special permit to Section 78-312(d) of the Zoning Resolution to modify the height and setback requirements of Section 23-632 on the periphery of a large-scale residential development, in connection with a proposed mixed-use development within a proposed large-scale residential development, on property generally bounded by Bronx Park South, Boston Road, East 180^th Street, the Bronx River, East Tremont Avenue, Boston Road, East 179^th Street, a line approximately 170 feet southeasterly of Boston Road, a line approximately 240 feet southwesterly of East 180^th Street, Boston Road, East 179^th Street, a line approximately 230 feet southeasterly of Vyse Avenue, East 180^th Street, the northwesterly street line of former Bryant Avenue, East 181^st Street, and Bryant Avenue (Block 3132, Lot 1, Block 3138, Lot 1, Block 3139, Lots 1, 19 & 50, and Block 3140, Lot 7), in R7-1, R7-1/C1-4, R8, and R8/C1-4 Districts, (ULURP No. C 160290 ZSX), Community District 6, Borough of the Bronx (the "Application");

WHEREAS, the Application is related to applications C 160285 ZMX (L.U. No. 482), a zoning map amendment to change portions of the project area from R7-1 and R7-1/C1-4 to R8 and R8/C1-4 zoning districts; C 160286 HAX (L.U. No. 483), a disposition of city-owned property and Urban Development Action Area Project (UDAAP) designation and project approval; N 160288 ZRX (L.U. No. 484), a zoning text amendment to allow lot line windows adjacent to public parks in Large-Scale Residential Developments; N 160289 ZRX (L.U. No. 485), a zoning text amendment to designate a Mandatory Inclusionary Housing Area; C 160218 MMX (L.U. No. 487), a city map amendment to eliminate a portion of East Tremont Avenue; and C 160307 ZSX (L.U. No. 488), a Zoning Special Permit pursuant to ZR Section 78-312 to ensure that no new non-compliances are created in the modified previously approved LSRD.

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 78-313 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 October 19, 2016;

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 September 9, 2016 (CEQR No. 16HPD001X) and the Technical Memo dated November __, 2016;

RESOLVED:

Having considered the FEIS and the Technical Memo 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)                     From among the  reasonable alternatives available, the action is one which avoids or minimizes adverse environmental impacts to the maximum extent practicable; and

(3)                     The adverse environmental impacts identified in the FEIS will be minimized or avoided to the maximum extent practicable by the placement of (E) designations for Hazardous Materials, Air Quality, and Noise, as well as through the provisions of Sections 81-624 and 81-691(a)(3) of the Zoning Resolution, which form part of the action; and

(4)                          The Decision together with the FEIS constitutes 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 160290 ZSX, 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 160290 ZSX) 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 William Stein, filed with this application and incorporated in this resolution:

2)                     Such development shall confirm to all applicable provisions of the Zoning Resolution, except for the modifications specifically granted in this resolution and shown on the plan 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)                     Development pursuant to this resolution shall be allowed only after the restrictive declaration attached hereto as Exhibit A, 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 Register, New York County. Such restrictive declaration shall be deemed incorporated herein as a condition of this resolution.

4)                     Such development shall conform to all applicable laws and regulations relating to its construction, operation and maintenance.

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, sublessee or occupant.

6)                     Upon 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 November 29, 2016, on file in this office.

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                                                                                                                                                                                                       City Clerk, Clerk of The Council