THE COUNCIL OF THE CITY OF NEW YORK RESOLUTION NO. 1098 Title Resolution approving the decision of the City Planning Commission on ULURP No. C 980473 ZSX (L.U. No. 542), granting a special permit pursuant to Section 74-83 of the Zoning Resolution to allow the construction of a courthouse. Body By Council Members Eisland and Sabini WHEREAS, the City Planning Commission filed with the Council on October 25, 1999, its decision dated October 20, 1999 (the "Decision") on the application submitted by the Mayor's Office of the Criminal Justice Coordinator and the Department of Citywide Administrative Services, pursuant to Sections 197-c and 201 of the New York City Charter, for the grant of a special permit pursuant to Section 74-83 of the Zoning Resolution to permit the allowable community facility floor area ratio of Section 33-123 (Community facility buildings or buildings used for both community facility and commercial uses in all other Commercial Districts) to apply to a courthouse; and the modification of the height and setback regulations of Section 33-43 (Maximum Height of Walls and Required Setbacks) to allow portions of front walls which will be located within the initial setback distance to exceed the maximum height above curb level and to penetrate the sky exposure planes along Sherman Avenue, East 161st Street and Morris Avenue; of a proposed 10-story, approximately 750,000 square-foot court house on property bounded by East 161st Street, Morris Avenue, East 162nd Street, Grant Avenue, a line 130 feet southerly of East 163rd Street and Sherman Avenue (Block 2444, Lots 1, 32, 40, 43,44, 46, 47, 49, 50, 52, 53, 54 and 146; Block 2445, Lot 1, the bed of East 162nd Street between Sherman and Grant Avenues, and the bed of Grant Avenue between East 161st and East 162nd Streets), in a proposed C4-6 District, Borough of The Bronx (ULURP No. C 980473 ZSX) (the "Application"); WHEREAS, the Application is related to ULURP Application numbers C 980469 ZMX (L.U. No. 539), an amendment to the Zoning Map; C 980470 MMX (L.U. No. 540), a City Map change; C 980472 ZSX (L.U. No. 541), a special permit pursuant to Section 74-53; C 980467 PCX (L.U. No. 543), an acquisition and site selection; and C 980468 PPX (L.U. No. 544), a disposition of property; WHEREAS, the City Planning Commission has made the findings required pursuant to Section 74-83 of the Zoning Resolution; _____________ Page 2 of 3 pages C 980473 ZSX Reso. No. 1098 (L.U. No. 542) WHEREAS, the Decision is subject to review and action by the Council pursuant to Section 197-d(b)(3) of the City Charter; WHEREAS, upon due notice, the Council held a public hearing on December 1, 1999 on the Decision and Application; 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 October 6, 1999 (CEQR No. 95DGS003X); and WHEREAS, the Council has considered the land use implications and other policy issues relating to the Decision and Application; RESOLVED: Having considered the FEIS, with respect to the 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, the proposed action is the one which minimizes or avoids adverse environmental effects to the maximum extent practicable, including the effects disclosed in the FEIS; and (3) consistent with social, economic and other essential considerations, to the maximum extent practicable, adverse environmental effects revealed in the environmental impart statement will be minimized or avoided by incorporating as conditions to the approval those mitigative measures which were identified as practicable; and The Decision and the FEIS constitute the written statement of facts, and of social, economic and other factors and standards that form the basis of this determination, pursuant to 6 N.Y.C.R.R. ?617.9(c)(3). The Council finds that the action described herein will have no significant effect on the environment; and _____________ Page 3 of 3 pages C 980473 ZSX Reso. No. 1098 (L.U. No. 542) Pursuant to Sections 197-d and 200 of the New York City Charter and on the basis of the Decision and Application, the Council approves the Decision. 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 December 7, 1999, on file in this office. ............................................ City Clerk, Clerk of Council