THE COUNCIL OF THE CITY OF NEW YORK
RESOLUTION NO. 1038
Resolution approving with modifications the decision of the City Planning Commission on ULURP No. C 190213 ZSM, for the grant of a special permit (L.U. No. 466).
By Council Members Salamanca and Moya
WHEREAS, 18th Highline Associates, LLC, pursuant to Sections 197-c and 201 of the New York City Charter, for the grant of a special permit pursuant to pursuant to Section 13-45 (Special Permits for additional parking spaces) and Section 13-451 (Additional parking spaces for residential growth) of the Zoning Resolution to allow an attended accessory parking garage with a maximum capacity of 180 spaces on portions of the ground floor and cellar of a proposed mixed-use building on property located at 515 West 18th Street (Block 690, Lots 12, 20, 29, 40, 54 and 1001-1026), in C6-2 and C6-3 Districts, within the Special West Chelsea District, Borough of Manhattan, Community District 4 (ULURP No. C 190213 ZSM) (the “Application”);
WHEREAS, the City Planning Commission filed with the Council on June 12, 2019, its decision dated June 3, 2019 (the “Decision”), on the Application;
WHEREAS, the Decision is subject to review and action by the Council pursuant to Section 197-d of the City Charter;
WHEREAS, the City Planning Commission has made the findings required pursuant to Sections 13-45 and 13-451 of the Zoning Resolution of the City of New York;
WHEREAS, upon due notice, the Council held a public hearing on the Decision and Application on June 20, 2019;
WHEREAS, the Council has considered the land use and environmental 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 issued January 28th, 2019 (CEQR No. 19DCP013M) (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, C 190213 ZSM, incorporated by reference herein, and the record before the Council, the Council approves the Decision of the City Planning Commission with the following modifications, reflecting 100 total permitted parking spaces:
Matter double struck out is old, deleted by the City Council;
Matter double-underlined is new, added by the City Council.
1. The property that is the subject of this application (C 190213 ZSM) shall be developed in size and arrangement substantially in accordance with the dimensions, specifications and zoning computations indicated on the following approved plans, prepared by Philip Habib & Associates, filed with this application and incorporated in this resolution:
|
Drawing No. |
Title |
Last Date Revised |
|
1 OF 2 |
Ground Level/Site Plan |
9/28/2018 |
|
2 OF 2 |
Cellar Level Parking Plan |
5/28/2019 7/25/2019 |
2. Such development shall conform to all applicable provisions of the Zoning Resolution, except for the modifications specifically granted in this resolution and shown on the plans listed above which have been filed with this application. All zoning computations are subject to verification and approval by the New York City Department of Buildings.
3. Such development shall conform to all applicable laws and regulations relating to its construction, operation and maintenance.
4. All leases, subleases, or other agreements for use or occupancy of space at the subject property shall give actual notice of this special permit to the lessee, sublessee or occupant.
5. Upon failure of any party having any right, title or interest in the property that is the subject of this application, or the failure of any heir, successor, assign, or legal representative of such party, to observe any of the covenants, restrictions, agreements, terms or conditions of this resolution whose provisions shall constitute conditions of the special permit hereby granted, the City Planning Commission may, without the consent of any other party, revoke any portion of or all of said special permit. Such power of revocation shall be in addition to and not limited to any other powers of the City Planning Commission, or of any other agency of government, or any private person or entity. Any such failure as stated above, or any alteration in the development that is the subject of this application that departs from any of the conditions listed above, is grounds for the City Planning Commission or the City Council, as applicable, to disapprove any application for modification, cancellation or amendment of the special permit hereby granted.
6. Neither the City of New York nor its employees or agents shall have any liability for money damages by reason of the city’s or such employee’s or agent’s failure to act in accordance with the provisions of this special permit.
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 August 14, 2019, on file in this office.
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City Clerk, Clerk of The Council