File #: Res 0291-2010    Version: * Name: LU 104 - UDAAP, 1434-8 Morris Ave, Bronx (20105622HAX)
Type: Resolution Status: Adopted
Committee: Committee on Land Use
On agenda: 6/9/2010
Enactment date: Law number:
Title: Resolution approving an Urban Development Action Area Project located at Block 2786, Lots 12 and 13, Borough of the Bronx, and approving the urban development action area designation requirement and the Uniform Land Use Review Procedure, pursuant to Sections 693 and 694 of the General Municipal Law (L.U. No. 104; 20105622 HAX).
Sponsors: Leroy G. Comrie, Jr., Stephen T. Levin
Council Member Sponsors: 2
Attachments: 1. Committee Report, 2. Hearing Transcript - Stated Meeting 6/9/10

THE COUNCIL OF THE CITY OF NEW YORK

RESOLUTION NO. 291

 

Resolution approving an Urban Development Action Area Project located at Block 2786, Lots 12 and 13, Borough of the Bronx, and approving the urban development action area designation requirement and the Uniform Land Use Review Procedure, pursuant to Sections 693 and 694 of the General Municipal Law (L.U. No. 104; 20105622 HAX).

 

By Council Members Comrie and Levin

 

WHEREAS, the New York City Department of Housing Preservation and Development ("HPD") submitted to the Council on April 29, 2010 its request dated April 12, 2010 that the Council take the following actions regarding the following Urban Development Action Area Project (the "Project") located at Block 2786, Lots 12 and 13, Community District 4, Borough of the Bronx (the "Disposition Area"):

 

                        1.                     Find that the present status of the Disposition Area tends to impair or arrest the sound growth and development of the municipality and that the proposed Urban Development Action Area Project is consistent with the policy and purposes stated in Section 691 of the General Municipal Law;

 

                        2.                     Approve the designation of the Disposition Area as an Urban Development Action Area pursuant to Section 693 of the General Municipal Law;

 

                        3.                     Approve the Project as an Urban Development Action Area Project pursuant to Section 694 of the General Municipal Law; and

 

                        4.                     Approve the exemption of the Project from real property taxes pursuant to Section 696 of the General Municipal Law (the "Tax Exemption").

 

                     WHEREAS, the Project is related to C 070256 HAX, L.U. No. 386, Resolution No. 876 of 2007;

 

                           WHEREAS, the Project is to be developed on land that is an eligible area as defined in Section 692 of the General Municipal Law, consists solely of the rehabilitation or conservation of existing private or multiple dwellings or the construction of one to four unit dwellings, and does not require any change in land use permitted under the New York City Zoning Resolution;

 

                           WHEREAS, upon due notice, the Council held a public hearing on the Project on June 1, 2010;

 

                      WHEREAS, the Council has considered the land use and financial implications and other policy issues relating to the Project;

 

RESOLVED:

 

                           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 requirement 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 Project shall be developed in a manner consistent with the Project Summary that HPD has submitted to the Council, a copy of which is attached hereto.

 

                           The exemption of the Project from real property taxes pursuant to Section 696 of the General Municipal Law is approved as follows:

 

a.                     All of the value of the buildings, structures, and other improvements situated on the Disposition Area shall be exempt from local and municipal taxes, other than assessments for local improvements and land value, for a period of twenty years commencing on the July 1st following the conveyance of the Disposition Area to the Sponsor, during the last ten years of which such exemption shall decrease in equal annual decrements.

 

b.                     The partial tax exemption granted hereunder shall terminate with respect to all or any portion of the Disposition Area if the Department of Housing Preservation and Development determines that such real property has not been, or is not being, developed, used, and/or operated in compliance with the requirements of all applicable agreements made by the Sponsor or the owner of such real property with, or for the benefit of, the City of New York.  The Department of Housing Preservation and Development shall deliver written notice of any such determination of noncompliance to the owner of such real property and all mortgagees of record, which notice shall provide for an opportunity to cure of not less than ninety (90) days.  If the noncompliance specified in such notice is not cured within the time period specified therein, the partial tax exemption granted hereunder shall prospectively terminate with respect to the real property specified therein.

 

 

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 9, 2010, on file in this office.

 

 

 

 

 

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      City Clerk, Clerk of The Council