THE COUNCIL OF THE CITY OF NEW YORK RESOLUTION NO. 1147 Title Resolution approving the decision of the City Planning Commission on an application submitted by the Department of Housing Preservation and Development, ULURP No. C 030533 HAX, approving the designation of 401 East 156th Street, 750, 752, 758 and 762 Melrose Avenue, 410 East 157th Street, 418-420 East 157th Street, 413 and 409 East 156th Street, part of Site 5, (Block 2378/Lots 1, 3, 4, 7, 9, 12, 13, 40 and 42), the Bronx, as an Urban Development Action Area, approving the project for the area as an Urban Development Action Area Project, and approving the disposition of such property to a developer to be selected by the Department of Housing Preservation and Development (L.U. No. 496; C 030533 HAX). Body By Council Members Katz and Martinez WHEREAS, the City Planning Commission filed with the Council on October 15, 2003 its decision dated October 8, 2003 (the "Decision"), on the application submitted by the 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 401 East 156th Street, 750, 752, 758 and 762 Melrose Avenue, 410 East 157th Street, 418-420 East 157th Street, 413 and 409 East 156th Street, part of Site 5, (Block 2378/Lots 1, 3, 4, 7, 9, 12, 13, 40 and 42), as an Urban Development Action Area (the "Area"); b) an Urban Development Action Area Project for such area (the "Project"); and pursuant to Section 197-c of the New York City Charter for the disposition of such property to a developer selected by the Department of Housing Preservation and Development to facilitate development of a nine-story residential building, tentatively known as Palacio del Sol, with approximately 124 units of housing for low-income families and ground floor commercial space, to be developed under the New York State Housing Trust Fund Program, Community District 1, Borough of the Bronx (the "Disposition") (ULURP No. C 030533 HAX) (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, the New York City Department of Housing Preservation and Development ("HPD") submitted to the Council its recommendations regarding the Application on September 23, 2003; WHEREAS, upon due notice, the Council held a public hearing on the Application and Decision on November 6, 2003; WHEREAS, the Council has considered the Final Environmental Impact Statement ("FEIS") for which a Notice of Completion was issued on April 15, 1994 (CEQR No. 88-087X); WHEREAS, the Council has considered the land use and financial implications and other policy issues relating to the 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). _________ Pursuant to Section 197-d, the Council approves the decision of the City Planning Commission (C 030533 HAX). The Council finds that the present status of the Disposition 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 Disposition 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. The Council approves the disposition of said property to a developer to be selected by the Department of Housing Preservation and Development. 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 6, 2003, on file in this office. ................................................ City Clerk, Clerk of The Council Page 3 of 3 C 030533 HAX Res. No. 1147 (L.U. No. 496)