Resolution approving the decision of the City Planning Commission on Application No. N 150416 ZRM, for an amendment of the Zoning Resolution of the City of New York, to modify Section 74-712 concerning a special permit for developments in historic districts within M1-5A and M1-5B districts in Community District 2, Borough of Manhattan (L.U. No. 329).

THE COUNCIL OF THE CITY OF NEW YORK

RESOLUTION NO. 989

Resolution approving the decision of the City Planning Commission on Application No. N 150416 ZRM, for an amendment of the Zoning Resolution of the City of New York, to modify Section 74-712 concerning a special permit for developments in historic districts within M1-5A and M1-5B districts in Community District 2, Borough of Manhattan (L.U. No. 329).

By Council Members Greenfield and Richards

                           WHEREAS, the City Planning Commission filed with the Council on January 8, 2016 its decision dated January 6, 2016 (the "Decision"), pursuant to Section 201 of the New York City Charter, regarding an application submitted by 150 Wooster LLC, for an amendment of the text of the Zoning Resolution of the City of New York, to modify Section 74-712 concerning a special permit for developments in historic districts within M1-5A and M1-5B districts, which in conjunction with the other related actions, would facilitate development of  a new, eight-story mixed residential and commercial building at 150 Wooster Street (Application No. N 150416 ZRM), Community District 2, Borough of Manhattan (the "Application");

                     WHEREAS, the Application is related to applications C 150417 ZSM (L.U. No. 330), a special permit pursuant to Section 74-712(a) to modify use regulations to allow Use Group 6 uses below the floor level of  the second story and Use Group 2 uses within the development; and C 150418 ZSM (L.U. No. 331), a special permit pursuant to Section 74-712(b) to modify the height and setback requirements of Section 43-43 and the permitted obstructions requirements of Section 43-23;

                          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 January 26, 2016;

                           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, including the negative declaration (CEQR No. 15DCP163M) issued on October 5, 2015, (the “Negative Declaration”);

RESOLVED:

                     The Council finds that the action described herein will have no significant impact on the environment as set forth in the Negative Declaration.

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 the report, N 150340 ZRR, 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 as follows: 

Matter in underline is new, to be added;

Matter in strikeout is old, to be deleted;

Matter within #    # is defined in Section 12-10;

*  *  * indicates where unchanged text remains in the Zoning Resolution

Article VII

Chapter 4

Special Permits by the City Planning Commission

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74-712

Developments in Historic Districts

 Within Historic Districts designated by the Landmarks Preservation Commission, the City Planning Commission may grant a special permit, in accordance with the following provisions:

(a)                     In  Ml -5A and M l-5B Districts, on a #zoning lot# that, as of December 15, 2003, is vacant, is #land with minor improvements#, has not more that 20 percent of the lot area occupied by existing #buildings#, or has #street# frontages on two or more #wide streets# and or has not more than 40 percent of the #lot area# occupied by existing #buildings#, the Commission may modify #use# regulations to permit #residential development# and, below the floor level of the second #story# of any #development#, #uses# permitted under Section 32-15 (Use Group 6), provided:

*   *       *

(b)                     In all districts, the Commission  may modify #bulk# regulations,  except #floor area ratio# regulations, for any #development# on a #zoning lot# that is vacant or is #land with minor improvements#, and in M l-5A and M l-5B Districts, the Commission  may make such modifications  for #zoning  lots# where not more than 20 40 percent of the #lot area# is occupied by existing #buildings# as of December  15, 2003, provided the Commission finds that such #bulk# modifications: comply with the findings set forth below.

In addition, in Ml-5A and M l-5B Districts, the Commission may also modify #bulk# regulations, except #floor area ratio regulations#, for development on a #zoning lot# that has street frontages on two or more #wide streets# and that, as of December 15, 2003, has more than 20 percent but not more than 40 percent of the #lot area# occupied by existing #buildings#, provided the #development# contains no #residences# and the Commission finds that such #bulk# modifications:

*   *   *

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 February 5, 2016, on file in this office.

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                                                                                                                                                                                   City Clerk, Clerk of The Council