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Land Use, Housing & Zoning
N 190076 CMM, Applications by 249 W. 28th Street, Properties, LLC, for the renewal of a Special Permit in connection with the proposed construction of a public parking garage
WHEREAS, 249 W. 28th Street Properties, LLC ("Applicant") has applied for a renewal of a Special Permit granted pursuant to Zoning Resolution ("ZR") Sections 13-562 and 74-52, for the construction of an attended parking garage on portions of the ground floor, cellar, and sub-cellar levels of a proposed mixed use development to be located on 241-251 West 28th Street, New York, New York, 10001; and
WHEREAS, In 2011, the premises was re-zoned from M1-5 manufacturing district within which residential use is not permitted to a mixed-use M1-6D district within which residential use is permitted under certain circumstances; and
WHEREAS, The Applicant proposes to develop the site with a 20 story, mixed-use building of 12 FAR pursuant to the M1-6D zoning regulations with market rate and affordable housing pursuant to the Inclusionary Housing Program, as well as retail on the ground floor; and
WHEREAS, In 2011, the City Planning Commission approved a special permit to Applicant for an attended public parking garage at the site with 325 parking places in the ground floor, cellar, and sub-cellar of the lot; and
WHEREAS, In June 2011, Manhattan Community Board 5 approved the application for a Special Permit pursuant to Section 13-562 and Section 74-52 of the Zoning Resolution to allow a below grade attended public parking garage at 241-251 West 28th Street/240-250 West 29th Street; and
WHEREAS, In July 2016, Manhattan Community Board 5 approved the renewal for a Special Permit pursuant to Section 13-562 and Section 74-52 of the Zoning Resolution to allow a below grade attended public parking garage at 241-251 West 28th Street/240-250 West 29th Street; and
WHEREAS, Circumstances at the site discovered since 2011, including a high water table, made the sub-cellar parking garage level no longer appropriate; and
WHEREAS, a modification to the permit was also approved in July 2016 by Community Board 5, to replace the ramp system with a two elevator system, the West 28th Street curb cut would be relocated from the eastern to the western portion of the site, the reservoir spaces, customer drop off area and bicycle parking area would be on the ground floor, and the public parking spaces would be reduced from 325 to 190; and
WHEREAS, the development site under the current zoning restrictions has “as of right” to have approx. Max 80 spaces; and
WHEREAS, the applicant has stated that the public parking garage will include the following;
· 19 Bicycle Spaces-
· 1 Charging Station for Electric Cars (TBD Type of connection) for customers free of charge
· 2x ADA accessible parking spaces
WHEREAS, The Special Permit will lapse on September 21, 2018 unless substantial construction has been completed, or unless it is renewed, and economic and financing uncertainties delayed the construction so that substantial construction will not be reached before the deadline; and
WHEREAS, based on our review, Community Board Five finds that, the information and facts of this special permit application have not substantially changed since the original permit was granted by the City Planning Commission and recommended for approval by Community Board Five in 2011 and 2016.
RESOLVED, Community Board Five recommends approval of the applications by 249 W. 28th Street, Properties, LLC, for the renewal of a Special Permit pursuant to Sections 13-532 and 74-52 of the Zoning Resolution, in connection with the proposed construction of a public parking garage for a final 3-year renewal for a development site located on 241-251 West 28th Street, New York, New York, 10001; the will now expire on September 21, 2021.