Properties; Block 2124, Lot 43, Located

CITY PLANNING COMMISSION June 27, 1990/Calendar No. 47 C 890663 PPM

IN THE MATTER OF an application submitted by the New York City Public Development Corporation and the Division of Real Property of the New York City Department of General Services pursuant to Section 197-c of the New York City Charter for the restricted disposition of two (2) properties; Block 2124, Lot 43, located at 3940 Broadway, to facilitate the construction of a scientific research and development facility of no more than 77,735 square feet of zoning floor area to be used and operated as a commercial biomedical laboratory research building with ground floor retail uses and for one additional building for biomedical uses; and Block 2124, Lot 1, located at 1112-16 St. Nicholas Avenue to be developed for non-tax exempt purposes, Borough of Manhattan, Community District 12.

The application for the-restricted disposition of two properties was filed by the New York City Public Development Corporation

(PDC) and the Division of Real Property of the New York City

Department of General Services (DRP) on March 8, 1989 to

facilitate the development of a scientific research development

facility to be known as the Audubon Research Building.

RELATED ACTIONS

In addition to the restricted disposition of two properties

(C 890663 PPM) which is the subject of this report,

implementation of the proposed project also requires action by

the City Planning Commission and the Board of Estimate on the

following applications which are being considered concurrently

with this application: C 890662 ZMM

An amendment to the Zoning Nap to rezone Parcel 1 of the

project from R8 with a C1-4 overlay to C6-2; and Parcels 2,

3, and 4 from C4-4 to C6-2.

C 890664 ZSM

An application for a special permit pursuant to Section 74-

48 of the Zoning Resolution to allow a scientific research

and development facility on Parcel 1 of the project site.

PERTINENT ACTIONS CURRENTLY UNDER REVIEW

The Department of City Planning has proposed zoning text amendments to Sections 32-20 and 74-48 of the Zoning

Resolution,to allow scientific research and development facilities by City Planning Commission special permit in C6 districts, under application N 900523 ZRY which is being considered concurrently with this application. The related special permit application seeks a special permit pursuant to

Section 74-48.

BACKGROUND

Columbia University and the New York City Public Development

Corporation (the "applicants" proposing to develop the Audubon

Research Building) propose to rezone a project area consisting of

2 C 890663 PPM four separate sites: Parcel 1, bounded by West 165th Street,

Broadway, West 166th Street and St. Nicholas Avenue; Parcel 2,

bounded by St. Nicholas Avenue, West 166th Street and Audubon

Avenue; Parcel 3, bounded by West 166th Street, St. Nicholas

Avenue, West 167th Street and Audubon Avenue; and Parcel 4,

bounded by West 167th Street, St. Nicholas Avenue, West 168th

Street and Audubon Avenue.

The applicants are proposing to rezone and develop the Audubon

Research Building on Parcel 1 and to rezone three blocks adjacent

to this parcel (Parcels 2, 3and 4). This proposal is envisioned

to foster the development of the scientific research and

development industry in the City of New York.

Columbia University has proposed a research center at this

location since the early 1980's. On June 11, 1987, Columbia

University signed a Letter of Agreement with PDC and UDC--

regarding the proposal for the Audubon Research Park. The

agreement is primarily a commitment to develop the Phase I

Audubon Research Building, to be located on the northern portion

of the city-owned Audubon Theater and Ballroom site. It also

provides a general framework for the future development of the

entire proposal.

3 C 890663 PPM Area Description

The proposed Audubon Research Building and rezoning sites are located within the Washington Heights section of northern

Manhattan, in the southern portion of Community Board 12. Across

Broadway from the project site are two superblocks that contain the Columbia Presbyterian Medical Center. The areas to the north, south and east of the project site are predominantly residential and institutional, with some commercial, recreation and parking and garage uses. Broadway is lined with ground floor retail uses in six-story reside'htial or two- and three- story commercial structures.

Site Description

Parcel 1 (Block 2124, Lot 43) has a lot area of 43,455 square

feet and is occupied entirely by the Audubon Theater and

Ballroom. This building is vacant except for approximately

10,000 square feet of space on the ground floor, which is occupied by the West Manhattan field office of the New York City

Department of Housing Preservation and Development (HPD). HPD is

expected to vacate this space later this year.

The 1912 Audubon Theater and Ballroom, designed by Thomas Lamb, was found eligible for listing on the State and National

Registers of Historic Places by the New York State Historic

4 C 890663 PPM Preservation Office (SHP°) (March 1986). The Audubon building was found to be "architecturally significant as a fine, early

20th century classical revival building which exhibits the distinguished use of terra-cotta ornament." In addition comments made during a site visit on December 15, 1988, SHP() representatives expanded the basis of eligibility to include the fact that it is the location where the assassination of Malcolm X occurred.

Parcel 2 (Block 2124, Lot 1) has a lot area of 6,600 square feet and is currently vacant. Parcel i''(Block 2124, Lot 43) and

Parcel 2 (Block 2124, Lot 1) are city-owned.

Project Description

The Audubon Research Building is proposed to be 6 stories plus a mechanical penthouse floor and contain 77,735 square feet of zoning floor area (1.79 FAR) for commercial research and retail space. It would be constructed on the northern half of Parcel 1 and would include commercial laboratory space with ground floor retail uses. There would be a total of 69,936 square feet of scientific research and development facility space, including

2,371 square feet in the cellar. In addition, there would be

10,170 square feet of retail space located on the ground floor and 5,127 square feet in the cellar level. The main lobby of the building would be located on Broadway. The ground floor retail

5 C 890663 PPM space of the building would front on Broadway, West 166th Street and St. Nicholas Avenue. An accessory parking lot with a maximum of 116 attended parking spaces would be located on the southern portion of the site.

The Audubon Research Building is planned to contain commercial biomedical research and development laboratories. Space in the building would be leased to private biomedical companies, including both established businesses and start-up companies.

Originally, the Audubon Ballroom anTheater was proposed to be completely demolished. This presented an especially difficult problem to the Commission because of the building's historical and architectural significance. .During the course of public review of the related special permit application (C 890664 ZSM), the applicant added an 'additional alternative to the Final

Environmental Impact Statement-rAlternative Preserving a Portion of Ballroom Building"). This alternative was developed to avoid demolition of the southwestern portion of the Audubon Ballroom.

The .alternative entails constructing the Audubon Research building on the northern half of Parcel 1, as described above, and preserving a portion of the Audubon Ballroom on the southwestern sector. Approximately 40 percent of the ballroom, including the stage on which Malcolm X was assassinated, and the terra-cotta facade, including the Galley-Tympanum, bacchus head

6 C 890663 PPM brackets and foxheads located on this portion of the facade, will be preserved under this alternative.

Disposition

The disposition of city-owned property (Parcels 1 and 2) is required to implement the redevelopment of that portion of the proposal that would be constructed on land south of West 166th

Street, including the block currently occupied by the Audubon

Theater and Ballroom building (Parcel 1). The lots to be disposed of are Block 2124, Lots 1 (Parcel 2) and 43 (Parcel 1).

The applicant is seeking a restricted disposition of these properties from DRP to PDC, which will in turn enter into a long term lease agreement with Columbia University.

On Block 2124, Lot 43 (Parcel 1 of the proposal), it is proposed that Columbia University or its designee ("Developer") will construct a building of no more than 77,735 zoning square feet to be used and operated as a commercial biomedical laboratory building with ground floor retail uses. The developer proposes

to construct, subsequently, in accordance with a development plan approved by PDC, one additional building for biomedical uses.

On Block 2124, Lot 1 (Parcel 2 of the proposal), the developer proposes to construct, subsequently, in accordance with a

7 C 890663 PPM development plan approved by PDC, a building which shall not be used for tax exempt purposes.

ENVIRONMENTAL REVIEW

This application (C 890663 PPM), in conjunction with those for the related actions, was reviewed pursuant to the New York State

Environmental Quality Review Act (SEQRA), and the SEQRA regulations set forth in Volume 6 of the New York Code of Rules and Regulations, Section 617.00 et. seq., and the New York City

Environmental Quality Review (CEQR) procedures set forth in

Executive Order No. 91 of 1977. The designated CEQR number is

88-210M.

A summary of the environmental review and the Final Environmental

Impact Statement appears in the report on the related rezoning application (C 890662 ZMM).

UNIFORM LAND USE REVIEW

This application, in conjunction with those for the related actions, was certified as complete by the City Planning

Commission on February 28, 1990, and was duly referred to

Community Board 12 along with the related non-ULURP text change application (N 900523 ZRY), which was sent to the Board for information and review, in accordance with Article 3 of the

Uniform Land Use Review Procedure (ULURP) rules.

8 C 890663 PPM Community Board Public Hearing

Community Board 12 held a public hearing on this application on

April 4, 1990, and on April 24, 1990, by a vote of 24 to 7 with 1 abstention and 3 not voting, adopted a resolution recommending approval of the application with certain changes.

A summary of the vote and recommendations of Community Board 12 appears in the report on the related rezoning application

(C 890662 ZMM).

City Planning Commission Public Hearing

On April 18, 1990 (Calendar No. 13), the City Planning Commission scheduled May 2, 1990 for a public hearing on this matter. On

May 2, 1990 (Calendar No. 29), the hearing was duly held in conjunction with the public hearings on the related actions

(Q.J190662 ZMM and C 890664 ZSM).

There were 16 speakers in favor of the application, and 19 speakers in opposition, as described in the report on the related rezoning-application (C 890662 ZMM), and the hearing was closed.

9 C 890663 PPM CONSIDERATION

The proposed disposition of city-owned property is required for the development of that portion of the proposed Audubon Research

Park that would be located south of West 166th Street, on Parcels

1 and 2. The blocks proposed for disposition are Block 2124, Lot

43 (Parcel 1) and Block 2124, Lot 1 (Parcel 2). Lot 43 (Parcel

1) has 43,455 square feet of lot area and contains the 103,274.48 square foot Audubon Ballroom and Theater. Lot 1 (Parcel 2) is vacant and has a lot area of 6,600 square feet.

The applicant is proposing a restricted disposition of these properties from DRP to PDC, which will in turn enter into a long term lease agreement with Columbia University.

The applicant proposes that Columbia University or its designee will construct a building of. no more than_approximately 77,735 square feet of zoning floor area, to be used and operated as a commercial biomedical laboratory building with ground floor retail uses on Parcel 1. The disposition application further allows Columbia University or its designee to construct one additional building for biomedical uses on Parcel 1. The additional building is required to be in accordance with a development plan approved by PDC.

10 C 890663 PPM The applicant proposes that the developer may construct a building which shall not be used for tax exempt purposes on

Parcel 2. This building must also be in accordance with a development plan approved by PDC.

The Commission has determined that the request for the restricted disposition of Parcels 1 and 2 is appropriate and warrants approval. The Commission believes, however,that the partial preservation of the Audubon Ballroom, as discussed above, is appropriate, and has determined that the preservation element should be incorporated as a condition of the disposition agreement. The Commission notes in this disposition approval that any additional proposed scientific research and development facility use on Parcel 1, other than that prescribed in the current special permit request (C 890664 ZSM), would require a modification of the special permit, and therefore require additional land use 4;44d-environmental review. Similarly, any proposed scientific research and development facility use on

Parcel 2 would also require an additional special permit.

A full consideration and analysis of the issues and the reasons for approving this application appear in the report on the related rezoning application (C 890662 ZMM).

11 C 890663 PPM RESOLUTION

RESOLVED, by the City Planning Commission, pursuant to

Section 197-c of the New York Charter, that the property proposed for disposition by the New York City Public Development

Corporation and the Division of Real Property of the New York

City Department of General Services, in an application dated

March 8, 1989, be approved for disposition with the following restrictions:

RESOLVED, that Block 2124, Lot 43, located at 3940 Broadway, be developed to contain a scientific research and development facility of no more than 77,735 square feet of zoning floor area to be used and operated as a scientific research and development facility with ground floor retail uses; to preserve 13,880 square feet of zoning floor area of the existing Audubon Ballroom on the southwestern portion of the block as indicated on Drawing U5 of the special permit application for the scientific research,arre--. development facility (C 890664 ZSM); and to contain one additional building for biomedical uses that shall be subject to additional land use and environmental review; and be it further

RESOLVED, that Block 2124, Lot 1, located at 2111-16 St

Nicholas Avenue, be developed for non-tax exempt purposes; and be it further

RESOLVED, that the development shall include the following mitigative measures in the Final Environmental Impact Statement..

12 C 890663 PPM (CEQR No. 88-210M) issued on June 17, 1990 and identified as practicable, as follows:

Based on the recommendation of the Office of

Parks Recreation and Historic Preservation

(OPRHP), the thorough recording of the

exterior and interior of the Audubon Building

to Historic American Building Survey (HABS)

standards shall be provided by the applicant.

An interpretive exhibit would be provided in

the public lobby of the proposed building.

It would contain material on the history 81-

the Audubon building and the historic events

that have taken place there. Items to be

selected from those salvaged from the Audubon

building to be included in the interpretive

exhibit shall be determined by the designated

. exhibit designer. The photographic recording

of the interior of the building shall be

included in this room.

The exterior of the proposed Audubon

Research Building and the preservation of the

portion of the Audubon Ballroom would be

governed by design guidelines that shall be

subject to the review and approval of the

13 C 890663 PPM Landmarks Preservation Commission. To

prevent damage to the portion of the Audubon

Ballroom to be preserved the project sponsor

shall hire an independent foundation and

structural engineer, whose credentials have

been approved by the staff of LPC, to monitor

construction and stop work, if necessary,

according to a plan reviewed and approved by

the LPC. In addition, the contractor shall

carry insurance to cover the expense of

restoration of any damage that might occur

spite of the above precaution.

C. Based on the NYC DEP's Division of Hazardous

Materials Program (DHMP) analysis of the

results of the testing program, a remediation

plan, if necessary, shall be developed and

submitted to the DHMP for review and approval

prior to implementation. All required

remediation shall be completed prior to the

start of construction and in accordance with

all applicable city, state and federal

regulations.

14 C 890663 PPM The above resolution, duly adopted by the City Planning

Commission on June 27, 1990 (Calendar No. 47), is filed with

Secretary of the Board of Estimate.

RICHARD L. SCHAFFER, Chairman

DENISE SCHEINBERG, Vice-Chairperson SALVATORE C. GAGLIARDO, RAFAEL MARTINEZ, Wm. GARRISON McNEIL, DANIEL T. SCANNELL, Commissioners

15 C 890663 PPM 1-lt,

Thursday, July 19, 1990 390

Disposition (C 890663 PPM) The related application for the disposition of city-owned property is required for the redevelopment of that portion of the proposal that is south of West 166th Street, including the block currently occupied by the Audubon Theater and Ball- room building. The blocks to be disposed are Block 2124, Lot 43 (Parcel 1) and Block 2124, Lot 1 (Parcel 2). Lot 43 (Parcel 1) has 43,455 square feet of lot area, and contains the 103,274.48 square feet Audubon Ballroom and Theater. With the exception of a 10,000 square foot office occupied by HPD, the building is vacant. HPD is expected to vacate this office, and relocate later this year. Lot 1 (Parcel 2) is vacant and has a lot area of 6,600 square feet. The applicant is proposing a restricted disposition of these properties from the NYC Department of General Services, Division of Real Property to the New York City Public DevelOpment Corporation, which will in turn enter into a long term lease agreement with Columbia University. The applicant proposes that Columbia University or its designee will construct a building of no more than approximately 77,735 square feet of zoning floor area, to be used and operated as a commercial biomedical laboratory building with ground floor retail uses on Parcel 1. The disposition application further allows Columbia University or its designee to construct one additional building for biomedical uses on Parcel 1. The additional building is required to be in accor- an with a t plan approyed by, PDC.. cvq:,,,;(,1441.4,developmen'1 J9...10 ".' The applicant proposes that the developer construct a building which shall not be used for tax exempt puposes on Parcel 2. This building must also be in accordance with a development plan approved by PDC. The Commission has determined that the request for the restricted disposition of Parcels 1 and 2 is appropriate and warrants approval. The Commission

, . further believes, that the.partial,prgserv, ation of the Audubon Ballroom, as dip-- % L'.A. /;:i cussed above, is necessary and appropriate, and in connection with such disposition, has determined that the preservation element should be incorporated as a ,condition of the,4i, sposition..,The Commission notes that any additional proposed scientific research and development facility use on Parcel 1, other than that prescribed in the current special permit request (C.890664 ZSM),, would a modification of the special permit, and therefore require additional land use and '- environmental review. Similarly, any proposed scientific research and development facility use on Parcel 2 would also require an additional special permit. Wi'i'4 RESOLUTION 'RESOLVED, That having considered the Final Environmental Impact State- ment (FEIS); for:which a Notice of Completion was issued on June 17, 1990 with respect to this application (CEQR No. 88-210M), the City Planning Commission finds that consistent with social, economic and other essential considerations: 1. From among the reasonable alternatives thereto, the actions to be approved are ones which minimize or avoid adverse environlnental impacts to the maximum extent practicable; and

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IntAWVt.ri ATM frAgMeTtr 14,P../ . .1112:4'21if

391 Thursday, July 19, 1990

2. The adverse environmental impacts revealed in the environmental impact statement will be minimized or avoided to the maximun7extent possi- ble by incorporating as conditions to the approval those mitigative measures that were identified as practicable. The report of the City Planning Commission, together with the FEIS, consti- tutes the written Statement of facts, and the social, economic and other factors and standards that form the basis of the decision, pursuant to Section 617.9 (c) (3) of the SEQRA regulations; and be it further RESOLVED, By the City Planning Commission, pursuant to Sections 197-c and 200 of New York Charter, that based on the environmental determination, and the consideration described in this report, 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 changing from a C4-4 District to a C6-2 District property bounded by West 168th Street, Audubon Avenue, and St. Nicholas Avenue; changing from an R8 District to a C6-2 District property bounded by West 166th Street, St. Nicholas Avenue, West 165th Street and Broadway; eliminating from the existing R8 District a C1-4 District bounded by West 166th Street, St. Nicholas Avenue, West 165th Street and Broadway; Borough of Manhattan, Community District 12, as shown on a diagram dated February 28, 1990 (C 890662 ZMM). The above resolution, duly adopted by the City Planning Commission on June 27, 1990 (Cal. No. 46), was filed with the Secretary of the Board of Estimate, in accordance with the requirements of Sections 197-c and 200 of the New York City Charter, on June 29, 1990. ; The Board of Estimate may approve . disapprove' or modify the,respinmenda- tion of the City Planning Commission within 60 days from June 29, 1990, the date of filing of such recommendation with the Board, which period, in this case, will on August281, 1990. Resolution for adoption, setting August 16, 1990 as the date for a public hearing.

-3510 IN THE MATTE F an application SUI itted by the Departme t of City P nning pursuant to Seci.n 200 of the New Yo City Charter, for ame ments of Lb Zoning Resolution of e City of New York elating to Section 84- (Re- quired uilding Walls), Section 4-221 (Front Wall s esses), and Appendi 2.4 (Mandatoi Arcades) of the Specia Battery Park City D trict in the Boroug of Manhattan. munity District 1.

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