THE COUNCIL OF THE CITY OF NEW YORK

RESOLUTION NO. 488

Resolution approving the decision of the City Planning Commission on ULURP No. C 100277 ZMM, a Zoning Map amendment (L.U. No. 196).

By Council Members Comrie and Levin

WHEREAS, the City Planning Commission filed with the Council on September 17, 2010 its decision dated September 15, 2010 (the "Decision"), on the application submitted by Broadway Housing Development Fund Company, pursuant to Sections 197-c and 201 of the New York City Charter, for an amendment of the Zoning Map to change C8-3 and R7-2 districts to an R8A District on part of Block 2069 in Manhattan Community District 9. The requested action, in conjunction with the related actions, would facilitate the development of a 13-story mixed-use building with affordable housing, community facility and children museum space (ULURP No. C 100277 ZMM) (the "Application");

                     WHEREAS, the Application is related to ULURP Applications Numbers C 100274 PPM (L.U. No. 194), an application by the Department of Citywide Administrative Services to dispose of a surface easement located on Block 2069, part of Lot 26 in Manhattan; and C 100275 PQM (L.U. No. 195), an application by the Department of Citywide Administrative Services and Department of Environmental Protection to acquire a surface easement located on Block 2069, part of Lot 21, in Manhattan;

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 October 5, 2010;

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 September 3, 2010 (CEQR No. 10DCP031M);

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 thereto, the action is one which minimizes or avoids adverse environmental impacts to the maximum extent practicable; and

(3)                                          The adverse environmental impacts disclosed in the FEIS 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.

(4)        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 the decision, 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, and based on the environmental determination and consideration described in this report, C 100277 ZMM, incorporated by reference herein, 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 3b;

1.                      changing from an R7-2 District to an R8A District property bounded by a line 100 feet southwesterly of West 155^th Street, a line perpendicular to the southwesterly street line of West 155^th Street distant 205 feet southeasterly (as measured along the street line) from the point of intersection of the southeasterly street line of St. Nicholas Avenue and the southwesterly street line of West 155^th Street, a line 150 feet southwesterly of West 155^th Street and St. Nicholas Avenue; and

2.                      changing from a C8-3 District to an R8A District property bounded by West 155^th Street, a line perpendicular to the southwesterly street line of West 155^th Street distant 205 feet southeasterly (as measured along the street line) from the point of intersection of the southeasterly street line of St. Nicholas Avenue and the southwesterly street line of West 155^th Street, a line 100 feet southwesterly of West 155^th Street, and St. Nicholas Avenue;

as shown on a diagram (for illustrative purposes only) dated June 7, 2010, and subject to the conditions of CEQR Declaration E-256, Community District 9, 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 October 13, 2010, on file in this office.

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                                                                                                                                                                                                       City Clerk, Clerk of The Council