THE COUNCIL OF THE CITY OF NEW YORK RESOLUTION NO. 89 title Resolution approving with modification the decision of the City Planning Commission on ULURP No. C 020032 ZSM (L.U. No. 69), grant of a special permit for a heliport. Body By Council Members Katz and Avella WHEREAS, the City Planning Commission filed with the Council on January 3, 2002 its decision dated December 19, 2001 (the "Decision") on the application submitted by the Department of Business Services and the Economic Development Corporation, pursuant to Sections 197-c and 201 of the New York City Charter, for the grant of a special permit pursuant to Section 74-66 of the Zoning Resolution to permit a heliport on property generally located between the U.S. Pierhead Line of the East River and the north-bound service road of the Franklin D. Roosevelt Drive, south of East 34th Street (Block 962/part of Lot 50) in an M2-3 District, Community District 6, Borough of Manhattan, for a term of 10 years with conditions, Borough of Manhattan (ULURP No. C 020032 ZSM) (the "Application"); WHEREAS, the City Planning Commission has made the findings required pursuant to Section 74-66 of the Zoning Resolution; 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 January 25, 2002 on the Decision and Application; WHEREAS, the Council has considered the relevant environmental issues and the Type II determination by the Office of the Deputy Mayor for Economic Development and Finance; WHEREAS, the Council has considered the land use implications and other policy issues relating to the Decision and Application; RESOLVED: _________ The Council finds that the action described herein will have no significant effect on the environment; and 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 with the following modification: "The Special Permit is approved for a term of 10 years. Notwithstanding the foregoing, operation of the heliport pursuant to an operating permit(s) shall continue for a period of no more that 5 years unless, prior to the expiration of such 5 year period, the Economic Development Corporation conducts a performance review of the heliport operator and, following such review, EDC elects at its discretion to continue operation of the heliport pursuant to such operating permit. Operation of the heliport may be continued for no more than an additional 5 years. Such performance review shall include, without limitation, a review of the operator's record regarding noise, cleanliness, and response to complaints and compliance with all applicable laws and regulations. The review shall be in writing and shall be submitted to the local Community Board, Council Member, Borough President and City Planning Commission prior to any election to continue operation of the heliport pursuant to an operating permit beyond 5 years." 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 February 27, 2002, on file in this office. ................................................ City Clerk, Clerk of the Council Page 2 of 2 C 020032 ZSM Reso. No. 89 (L.U. No. 69) |10
13|