Gateway Center

BRONX BOROUGH PRESIDENT’S RECOMMENDATION

Uniform Land Use Review Procedure

GATEWAY CENTER AT BRONX TERMINAL MARKET

October 19, 2005

APPLICATION NOs:

050074 MMX Amendments to the City Map

C 050539 PPX Disposition of City Properties

C 050529 ZMX Amendment to the Zoning Map

C 050530 ZSX, C 050531 ZSX, C 050532 ZSX, C 050533 ZSX, C 050534 ZSX Zoning Special Permits

N 050535 ZAX, N 050536 ZAX Zoning Authorizations

N 050537 ZCX, N 050538 ZCX Zoning Certifications

DOCKET DESCRIPTION

C 050074 MMX Amendments to the City Map

IN THE MATTER OF an application, submitted by the NYC Economic Development Corporation (EDC) and the Bronx Terminal Market (BTM) Development Partners, LLC pursuant to Sections 197-c and 199 of the New York City Charter and Section 5-430 et seq. of the New York City Administrative Code, for an amendment to the City Map involving:

·  the elimination, discontinuance and closing of E. 150th Street between River Avenue and Major Deegan Boulevard (a.k.a., Exterior Street);

·  the elimination, discontinuance and closing of E. 151st Street between River Avenue and Cromwell Avenue;

·  the elimination, discontinuance and closing of Cromwell Avenue between Major Deegan Boulevard and the Metro North right of way;

·  the extinguishment of a sewer easement;

·  the adjustment of grades; and

·  any acquisition or disposition of real property related thereto,

Community District 4, Borough of the Bronx, in accordance with Map No. 13105 dated June 7, 2005 and signed by the Borough President.

C 050539 PPX Disposition of City Properties

IN THE MATTER OF an application submitted by the Department of Citywide Administrative Services and the New York City Department of Small Business Services, pursuant to Section 197-c of the New York City Charter, for the disposition of six (6) city-owned properties pursuant to zoning:

BLOCK / LOT / ADDRESS
2356 / 20 / 665 River Avenue
2357 / 1 / 665 Cromwell
2357 / 86 / 700 Cromwell
2539 / p/o Lot 2 / 69 Major William Deegan Blvd.
2539 / 32 / 59 Major William Deegan Blvd.
2539 / p/o Lot 60 / Major William Deegan Blvd.

C050529 ZMX Amendment to the Zoning Map

IN THE MATTER OF an application submitted by BTM Development Partners, LLC and the Economic Development Corporation pursuant to Sections 197-c and 201 of the New York City Charter for an amendment of the Zoning Map, Section No. 6a, changing from an M2-1 to a C4-4 District property bounded by a line 1120 feet southerly of Macombs Dam Bridge and its easterly prolongation, Gateway Center Boulevard/Major Deegan Expressway, the northeasterly boundary line of the Metro North Rail Road Right-Of-Way, River Avenue, East 149th Street, Gateway Center Boulevard/Major Deegan Expressway, a line 600 feet northerly of East 149th Street, and the U.S. Pierhead and Bulkhead Line, Borough of the Bronx, Community District 4, as shown on a diagram (for illustrative purposes only) dated July 11, 2005.

:C 050530 ZSX Special Permit

IN THE MATTER OF an application submitted by BTM Development Partners, LLC and the Economic Development Corporation pursuant to Sections 197-c and 201 of the New York City Charter for the grant of a special permit pursuant to Section 74-512 of the Zoning Resolution to allow a public parking garage with a maximum capacity of 2,595 spaces including 1,072 accessory spaces within a proposed 6-story garage building in connection with a proposed commercial development within a general large-scale development, on property generally bounded by East 149th Street, Gateway Center Boulevard/Major Deegan Expressway, and the Metro North Railroad (Block 2356, Lot 20, Block 2357, Lots 1 and 86, Block 2539, Lot 32 and p/o Lots 50 and 60, and the bed of portions of East 150th Street, Cromwell Avenue, and East 151st Street), in a C4-4 District, Borough of the Bronx, Community District 4.

C 050531 ZSX Special Permit

IN THE MATTER OF an application submitted by BTM Development Partners, LLC and the Economic Development Corporation pursuant to Sections 197-c and 201 of the New York City Charter for the grant of a special permit pursuant to Section 74-743(a) of the Zoning Resolution to modify the height and setback regulations of Section 33-40 and to allow the distribution of the total allowable floor area without regard for zoning lot lines to facilitate a commercial development within a general large-scale development, on property generally bounded by East 149th Street, Gateway Center Boulevard/Major Deegan Expressway, and the Metro North Railroad (Block 2356, Lot 20, Block 2357, Lots 1 and 86, Block 2539, Lot 32 and p/o Lots 50 and 60, and the bed of portions of East 150th Street, Cromwell Avenue, and East 151st Street), in a C4-4 District, Borough of the Bronx, Community District 4.

C 050532 ZSX Special Permit

IN THE MATTER OF an application submitted by BTM Development Partners, LLC and the Economic Development Corporation pursuant to Sections 197-c and 201 of the New York City Charter for the grant of a special permit pursuant to Section 74-744(c) of the Zoning Resolution to modify the sign regulations of Section 32-60 in connection with a proposed commercial development within a general large-scale development, on property generally bounded by East 149th Street, Gateway Center Boulevard/Major Deegan Expressway, and the Metro North Railroad (Block 2356, Lot 20, Block 2357, Lots 1 and 86, Block 2539, Lot 32 and p/o Lots 50 and 60, and the bed of portions of East 150th Street, Cromwell Avenue, and East 151st Street), in a C4-4 District, Borough of the Bronx, Community District 4.

C 050533 ZSX Special Permit

IN THE MATTER OF an application submitted by BTM Development Partners, LLC and the Economic Development Corporation pursuant to Sections 197-c and 201 of the New York City Charter for the grant of a special permit pursuant to Section 74-53 of the Zoning Resolution to allow an accessory group parking facility with a maximum capacity of 344 spaces on the ground floor of a proposed 2-story building in connection with a proposed commercial development within a general large-scale development, on property generally bounded by East 150th Street, Gateway Center Boulevard/Major Deegan Expressway, an exit ramp of the Major Deegan Expressway and the U.S. Pierhead and Bulkhead Line (Block 2539, p/o Lots 2 and 20), in a C4-4 District, Borough of the Bronx, Community District 4.

C O50534 ZSX Special Permit

IN THE MATTER OF an application submitted by BTM Development Partners, LLC and the Economic Development Corporation pursuant to Sections 197-c and 201 of the New York City Charter for the grant of a special permit pursuant to Section 74-744(c) of the Zoning Resolution to modify the sign regulations of Section 32-60 in connection with a proposed commercial development within a general large-scale development, on property generally bounded by East 150th Street, Gateway Center Boulevard/Major Deegan Expressway, an exit ramp of the Major Deegan Expressway and the U.S. Pierhead and Bulkhead Line (Block 2539, p/o Lots 2 and 20), in a C4-4 District, Borough of the Bronx, Community District 4.

N 050535 ZAX Authorization

IN THE MATTER OF an application submitted by BTM Development Partners, LLC and the Economic Development Corporation pursuant to Sections 197-c and 201 of the New York City Charter for the grant of an authorization pursuant to Section 62-722(a) of the Zoning Resolution to modify the waterfront public access requirements of Section 62-40 (REQUIREMENTS FOR WATERFRONT PUBLIC ACCESS AND VISUAL CORRIDORS) in connection with a proposed commercial development within a general large-scale development, on property generally bounded by East 150th Street, Gateway Center Boulevard/Major Deegan Expressway, an exit ramp of the Major Deegan Expressway and the U.S. Pierhead and Bulkhead Line (Block 2539, p/o Lots 2 and 20), in a C4-4 District, Borough of the Bronx, Community District 4.

N 050536 ZAX Authorization

IN THE MATTER OF an application submitted by BTM Development Partners, LLC and the Economic Development Corporation pursuant to Sections 197-c and 201 of the New York City Charter for the grant of an authorization pursuant to Section 62-722(a) of the Zoning Resolution to modify the waterfront public access requirements of Section 62-60 (DESIGN STANDARDS FOR THE WATERFRONT AREA) in connection with a proposed commercial development within a general large-scale development, on property generally bounded by East 150th Street, Gateway Center Boulevard/Major Deegan Expressway, an exit ramp of the Major Deegan Expressway and the U.S. Pierhead and Bulkhead Line (Block 2539, p/o Lots 2 and 20), in a C4-4 District, Borough of the Bronx, Community District 4.

BACKGROUND

The 32-acre Bronx Terminal Market was built in the 1920s as a public wholesale market. It once counted among the nation’s largest Hispanic wholesale food operations. In 1972 the City granted a long term lease to a private developer, under whose tenure the buildings fell into disrepair and underutilization. During the 1990’s the City sought unsuccessfully to regain site control by condemning the leasehold. Long before the current proposal, both the present and prior Bronx Borough Presidents advocated re-development of the Bronx Terminal Market as a major retail center.

Only a small portion of the Bronx Terminal Market is presently used. Approximately two dozen produce and grocery distributors occupy a cluster of seven deteriorated buildings. Most of the land remains vacant. Approximately 20 farmers also operate a wholesale market in warm months, with no lease. Temporary parking lots serving Yankee Stadium cover several acres.

The City in 2004 reached an agreement with the applicant (BTM Development Partners, LLC) to develop 26 acres, plus the site of the Bronx House of Detention, as a regional retail complex with parking, public open space and a hotel. Both the market and the prison would close. The prison currently holds no inmates. The City, via its Economic Development Corporation (NYC EDC), would enter into a long term lease with the developer. The business terms of this lease will ultimately require Bronx Borough Board approval, pursuant to Section 384 (b) (4) of the City Charter.

The New York State Brownfield Cleanup Program has accepted this site; accordingly the development will result in remediation of contaminated land. The project will require various other permits from the New York State Departments of Environmental Conservation and Transportation, the US Army Corps of Engineers, other government agencies and utilities. BTM Development Partners will seek financing through the New York Industrial Development Agency.

The Bronx Terminal Market occupies a prime waterfront site extending from the Major Deegan Expressway Yankee Stadium exit to East 149th Street, between the Harlem River on the west and the Metro-North tracks and River Avenue on the east. It lies adjacent to Yankee Stadium and to the borough’s civic center government and court complex. Renovation of the subway station has been completed. Metro-North tracks to serve the area already exist, and funds to begin design of a Yankee Stadium station have been allocated in the MTA capital budget.

Proposed ULURP Actions

Project implementation requires a series of discretionary land use actions which are the subject of this ULURP application, as follows:

● Alteration of the City Map to eliminate portions of City streets, adjust grades and alignments, and discontinue an unused sewer easement

> East 150th Street between River Avenue and Exterior Street

> East 151st Street between River and Cromwell Avenues

> Cromwell Avenue between Exterior Street and the Metro North right of way

These map changes would create an unobstructed development site to accommodate a large retail project.

● Disposition of the development site to NYC EDC and then to BTM Development Partners,

● Zoning map amendment of four lots and portions of two lots comprising the redevelopment area from M2-1 to C4-4, to allow large scale retail uses that are not permitted in M2 manufacturing districts. Rezoning to C4-4 will also enable a larger ratio of floor area to lot area (FAR), 3.4 for commercial uses compared with 2.0 in the current M2-1 district. The rezoned area will extend slightly beyond the project area to form regular district boundary lines on its northern and southern boundaries.

● Establishment of large-scale zoning districts and issuance of special permits including:

> Bulk modifications for height, setback and yards

> Increase in accessory parking beyond maximum permitted by Zoning Resolution

> Public parking garage exceeding 150 spaces

> Signs with surface area exceeding maximum permitted by Zoning Resolution

● Waivers and modifications of waterfront regulations

> Special permit for bulk waivers on waterfront blocks

> Authorization for modification of public access and visual corridors

> Certification for a zoning lot subdivision

The project consists of two segments, east and west of Exterior Street/Major Deegan Expressway/Gateway Center Boulevard. (Exterior Street below the Major Deegan Expressway will be known as Gateway Center Boulevard.) Each section will be declared a general large-scale district for zoning purposes. The retail area including stores, corridors and accessory space constitute 1,029,000 square feet. The total development contains 2,428,162 gross square feet (gsf) including 890,000 sq. ft. in parking garages, with 1,971,364 counted in FAR calculations (“zoning square feet” or zsf, an often smaller number subtracting area that the Zoning Resolution excludes from FAR calculation, such as below-grade space).

The eastern portion, from 149th Street and River Avenue north to the Metro North tracks, will contain:

● Five one-story retail buildings, approximately 19,020 zsf each, with at-grade surface open

public parking for approximately 22 vehicles

● A four-story retail building, estimated 427,980 zsf with 256 at-grade enclosed public parking

spaces

● A six-level, estimated 920,634 zsf public parking garage for 2339 vehicles, retail space of

22,485 zsf on Gateway Center Boulevard and 8,015 on River Avenue

● A three-story approximately 463,295 zsf retail building

● A 250 room hotel with approximately 247,500 zsf including a 30,000 gsf banquet facility and

accessory parking for 225 vehicles

Development of the eastern general large-scale district requires the following special permits from the City Planning Commission pursuant to the NYC Zoning Resolution (ZR):

● To permit a public parking garage exceeding 150 spaces (ZR Section 74-512)

● To permit bulk modifications to achieve a better site plan than allowed by the basic