THE COUNCIL OF THE CITY OF NEW YORK

RESOLUTION NO. 1058

Resolution approving the decision of the City Planning Commission on ULURP No. C 050162 (A) ZMM, a Zoning Map change (L.U. No. 501).

By Council Members Katz and Avella

WHEREAS, the City Planning Commission filed with the Council on May 31, 2005 its decision dated May 25, 2005 (the "Decision"), on the application submitted by the Department of City Planning, pursuant to Sections 197-c and 201 of the New York City Charter, for an amendment to the Zoning Map (ULURP No. C 050162 (A) ZMM) (the "Application");

                     WHEREAS, the Application is related to Applications Numbers N 050161 (A) ZRM (L.U. No. 502), amendment to the text of the Zoning Resolution to create the Special West Chelsea District and regulations and elimination of the Special Mixed Use District-3; and C 050163 PCM (L.U. No. 503) a site selection and acquisition;

WHEREAS, the Decision is subject to review and action by the Council pursuant to Section 197-d(b)(1) of the City Charter;

WHEREAS, upon due notice, the Council held a public hearing on the Decision and Application on June 15, 2005;

WHEREAS, the Council has considered the land use 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 May 13, 2005, with respect to this application, together with the Technical Memorandum Memoranda, dated May 25, and June 22, 2005, prepared with respect to further modifications adopted by the City Planning Commission and by the City Council which appears in City Council Resolution No. 1059, (CEQR No. 03DCP069M));

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, including the provision of affordable housing, from among the reasonable alternatives thereto, Alternative F set forth in the FEIS and the Technical MemorandumMemoranda, dated May 25, and June 22,  2005, is one that avoids or minimizes adverse environmental impacts to the maximum extent practicable, including the effects disclosed in the FEIS; and

(3)                                          Adverse environmental impacts disclosed in the FEIS with respect to Alternative F will be minimized or avoided to the maximum extent practicable by incorporating as conditions to the approval those mitigative measures that were identified as practicable; and

The Decision, FEIS and the Technical Memorandum Memoranda dated May 25, and June 22, 2005, constitutes 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. §617.11(d).

Pursuant to Sections 197-d and 200 of the City Charter and on the basis of the Decision and Application, the Council approves the Decision.

                     The Zoning Resolution of the City of New York, effective as of December 15, 1961, and as subsequently amended, is further amended by changing the Zoning Map, Section No. 8b:

1.                     eliminating a Special Mixed Use District (MX-3) bounded by West 24^th Street, Tenth Avenue, a line midway between West 22^nd Street and West 23^rd Street, a line 100 feet easterly of Eleventh Avenue, West 22^nd Street, and Eleventh Avenue;

2.                      changing from an Ml-5 District to a C6-2 District property bounded by a line midway between West 22^nd Street and West 23^rd Street, Tenth Avenue, West 18^th Street, a line 140 feet easterly of Eleventh Avenue, West 20^th Street, and a line 100 feet westerly of Tenth Avenue;

3.                      changing from an R8 District to a C6-3 District property bounded by West 17^th Street, a line 375 feet westerly of Ninth Avenue, West 16^th Street, and a line 400 feet westerly of Ninth Avenue;

4.                      changing from an Ml-5 District to a C6-3 District property bounded by:

                     a.                      a line midway between West 29^th Street and West 30^th Street, a line 100 feet westerly of Tenth Avenue, West 28^th Street, Tenth Avenue, West 24^th Street, a line 100 feet westerly of Tenth Avenue, West 27^th Street, a line 100 feet easterly of Eleventh Avenue, West 24^th Street, Eleventh Avenue, West 28^th Street, and a line 100 feet easterly of Eleventh Avenue;

                     b.                      West 22^nd Street, a line 150 feet easterly of Eleventh Avenue, a line 140 feet easterly of Eleventh Avenue, West 18^th Street and Eleventh Avenue; and

                     c.                      West 18^th Street, a line 400 feet westerly of Ninth Avenue, West 16^th Street, and Tenth Avenue;

5.                      changing from an Ml-5/R9A District to a C6-3 District property bounded by West 24^th Street, a line 100 feet easterly of Eleventh Avenue, West 22^nd Street, and Eleventh Avenue;

6.                      changing from an Ml-5 District to a C6-4 District property bounded by:

                     a.                      West 30^th Street, Tenth Avenue, West 28^th Street, a line 100 feet westerly of Tenth Avenue, a line midway between West 29^th Street and West 30^th Street, a line 100 feet easterly of  Eleventh Avenue, West 28^th Street, and Eleventh Avenue; and

                     b.                      West 18^th Street, Tenth Avenue, West 17^th Street, and Eleventh Avenue;

7.                      changing from an Ml-5/R8A District to a C6-2A District property bounded by West 24^th Street, a line 100 feet westerly of Tenth Avenue, a line midway between West 23^rd Street and West 24^th Street, and a line 100 feet easterly of Eleventh Avenue;

8.                      changing from an Ml-5/R9A District to a C6-3A District property bounded by a line midway between West 23^rd Street and West 24^th Street, and a line 100 feet westerly of Tenth Avenue, West 24^th Street Tenth Avenue, a line midway between West 22^nd Street and West 23^rd Street, and a line 100 feet easterly of Eleventh Avenue; and

9.                      establishing a Special West Chelsea District (WCh) bounded by West 30^th Street, Tenth Avenue, West 18^th Street, a line 400 feet westerly of Ninth Avenue, West 17^th Street, a line 375 feet westerly of Ninth Avenue, West 16^th Street, Tenth Avenue, West 17^th Street, and Eleventh Avenue;

as shown on a diagram (for illustrative purposes only) dated March 3, 2005, which includes CEQR designation E-142, Community District 4, Borough of Manhattan.

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 June 23, 2005, on file in this office.

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                                                                                                                                                                                                       City Clerk, Clerk of The Council