File #: Res 0524-2010    Version: * Name: LU 179 - ULRUP, 1284 & 1300 37th St, Brooklyn (C100347HAK)
Type: Resolution Status: Adopted
Committee: Committee on Land Use
On agenda: 10/13/2010
Enactment date: Law number:
Title: Resolution approving the decision of the City Planning Commission on an application submitted by the New York City Department of Housing Preservation and Development, ULURP No. C 100347 HAK, approving the designation of property located at 1284 37th Street (Block 5295, Lot 4), and 1300 37th Street (Block 5300, Lot 9), Borough of Brooklyn, 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 selected by the New York City Department of Housing Preservation and Development (L.U. No. 179; C 100347 HAK).
Sponsors: Leroy G. Comrie, Jr., Mark S. Weprin
Council Member Sponsors: 2
Attachments: 1. Committee Report, 2. Hearing Transcript - Stated Meeting 10-27-10
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
10/27/2010*Leroy G. Comrie, Jr. City Council Approved, by CouncilPass Action details Meeting details Not available
10/7/2010*Leroy G. Comrie, Jr. Committee on Land Use Approved by Committee with Modifications and Referred to CPC  Action details Meeting details Not available

THE COUNCIL OF THE CITY OF NEW YORK

RESOLUTION NO. 524

 

Resolution approving the decision of the City Planning Commission on an application submitted by the New York City Department of Housing Preservation and Development, ULURP No. C 100347 HAK, approving the designation of property located at 1284 37th Street (Block 5295, Lot 4), and 1300 37th Street (Block 5300, Lot 9), Borough of Brooklyn, 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 selected by the New York City Department of Housing Preservation and Development (L.U. No. 179; C 100347 HAK).

 

By Council Members Comrie and Weprin

 

WHEREAS, the City Planning Commission filed with the Council on August 31, 2010 its decision dated August 25, 2010 (the "Decision"), on the application submitted by the New York City 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 property located at 1284 37th Street (Block 5295, Lot 4), and 1300 37th Street (Block 5300, Lot 9), 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 New York City Department of Housing Preservation and Development to facilitate the development of seventeen 4-story buildings, with a total of approximately 68 units of affordable housing (the "Disposition"), Community District 12, Borough of Brooklyn (ULURP No. C 100347 HAK) (the "Application");

 

                     WHEREAS, the Application is related to Applications Numbers C 100345 ZMK (L.U. No. 177), an amendment to the Zoning Map Section No. 22c, changing existingM1-2 and M2-1 Districts to (MX) M1-2/R6A, (MX) M1-2/R6B, R5, R5/C2-3 and C2-4A Districts in an area bounded by 36th Street on the north, Old New Utrecht Road and 14th Avenue on the east, 40th Street on the south, and 12th Avenue on the west; N 100346 ZRK (L.U. No. 178), an amendment to the Zoning Resolution of the City of New York, Section 123-90 (Special Mixed Use Districts) to establish a Special Mixed Use District (MX 12) within the Borough Park neighborhood of Brooklyn’s Community District 12; C 100348 ZSK- C 100361 ZSK (L.U. Nos. 180-193), applications submitted by the Department of Housing Preservation and Development for grants of 14 special permits pursuant to Section 74-681 of the Zoning Resolution of the City of New York to allow portions of a railroad or transit right-of-way, which has been permanently discontinued or terminated, to be included in the lot area in connection with the development of seventeen, 4-story residential buildings, and three accessory community facility parking lots on property located on Block 5300, Lot 9 and Block 5295, Lot 4;

 

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, on September 7, 2010, by letter dated August 16, 2010, the New York City Department of Housing Preservation and Development submitted its requests respecting the Application;

 

                       WHEREAS, upon due notice, the Council held a public hearing on the Application and Decision on September 21, 2010;

 

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

 

                     WHEREAS, the Council has considered the relevant environmental issues and the Negative Declaration, issued on May 10, 2010, which included (E) designations to avoid the potential for hazardous materials, air quality and noise impacts (E-252), (CEQR No. 10DCP029K);

 

RESOLVED:

 

                     The Council finds that the action described herein will have no significant effect on the environment subject to the following condition:

 

The proposed (E) designations for hazardous materials would ensure that the proposed action would not result in significant adverse impacts due to hazardous materials and would be placed on private (i.e., not city-owned) properties.

 

                       Pursuant to Section 197-d, and on the basis of the Decision and Application and the environmental determination and considerations described in the report, C 100347 HAK, and incorporated by reference herein, the Council approves the decision of the City Planning Commission.

 

 

                       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 exemption of the portion of the project within the Exemption Area from real property taxes pursuant to Section 696 of the General Municipal Law as follows:

 

a.                     All of the value of the buildings, structures, and other improvements situated on the Exemption 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 date of issuance of the first temporary or permanent Certificate of Occupancy for a building located on the Exemption 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 Exemption 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.

 

                       The Council approves the disposition of such property to a developer 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 October 27, 2010, on file in this office.

 

 

 

 

 

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                                                                                                                                                                                                        City Clerk, Clerk of The Council