Bill Text: NY A08350 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to development or redevelopment of Pier 40 in the Hudson river park and amount of passive and active public open space necessary for such development or redevelopment.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - referred to cities [A08350 Detail]

Download: New_York-2019-A08350-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          8350

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      June 15, 2019
                                       ___________

        Introduced  by M. of A. GLICK -- read once and referred to the Committee
          on Cities

        AN ACT to amend the Hudson river park act, in relation to development or
          redevelopment of Pier 40 in the Hudson river park

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Paragraph (b) of subdivision 9 of section 7 of chapter 592
     2  of the laws of 1998, constituting the Hudson river park act, is  amended
     3  to read as follows:
     4    (b)  No  less than the equivalent of fifty percent of the footprint of
     5  Pier 40 shall be passive and active public open space,  except  in  such
     6  event  that the Pier 40 building is developed or redeveloped with new or
     7  substantially rehabilitated structures  for  business,  professional  or
     8  governmental  office  use,  then the equivalent of sixty-five percent of
     9  the footprint of Pier 40 shall be passive and active public  open  space
    10  effective  at the time that a certificate of occupancy is issued for the
    11  redevelopment; provided that up to one hundred percent of this pier  may
    12  be limited to park use by the general project plan.  Notwithstanding any
    13  other  provision  of  this  act to the contrary, Pier 40 may be used for
    14  parking for passenger vehicles with a seating capacity of 10  passengers
    15  or  less, provided however such use shall be predominantly for long-term
    16  parking not accessory to business, professional or  governmental  office
    17  use at the pier. No business, professional, or governmental office space
    18  shall  exceed seven hundred thousand square feet, provided the trust may
    19  utilize up to an additional fifty thousand square feet of  office  space
    20  and fifty thousand square feet for operations space, notwithstanding the
    21  existing legal park-based commercial uses, park space, open space, park-
    22  ing,  or any other component that will contribute to total zoning square
    23  footage, and provided further that no building or  structure,  including
    24  mechanical  structures  on  top  of  a building or between floors, shall
    25  exceed a maximum height of eighty-eight feet. Any proposal for  develop-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13395-01-9

        A. 8350                             2

     1  ment  or redevelopment shall give equal preference to adaptive re-use of
     2  the existing structure located on the pier as of the effective  date  of
     3  the  chapter  of  the  laws  of  2019  that  amended  this paragraph and
     4  construction  of a new structure. Any development or redevelopment shall
     5  include the preservation of the mural displayed in such structure as  of
     6  the  effective date of the chapter of the laws of 2019 that amended this
     7  paragraph created by Frank Nix entitled The Shipping Mural. Any develop-
     8  ment or redevelopment shall maintain a public open  perimeter  waterside
     9  walkway  surrounding  the entirety of the pier or so much of the pier as
    10  is feasible and provide space for a boathouse  for  small-scale  boating
    11  and  water  access  on the south side of the pier no less than currently
    12  exists on the pier as of the effective date of the chapter of  the  laws
    13  of  2019  that  amended this paragraph. Any development or redevelopment
    14  shall provide for playing fields no less than three hundred  and  twenty
    15  thousand  square  feet,  provided  that every effort is made to place as
    16  much playing field space at ground level as is feasible. Any request for
    17  proposal for development or redevelopment shall only be  issued  upon  a
    18  majority  vote  of the board. The trust shall form a Pier 40 Task Force.
    19  The task force shall consist of no fewer than six and no more than eight
    20  members from Manhattan Community Board  2,  one  member  from  Manhattan
    21  Community  Board 1, one member from Manhattan Community Board 4, and the
    22  local, state, and federal elected officials  whose  districts  abut  the
    23  Hudson River Park.  The chairs of Manhattan Community Boards 1, 2, and 4
    24  shall appoint task force members representing their respective Community
    25  Boards.  The  task force members representing Manhattan Community Boards
    26  1, 2, and 4 shall review and  comment  upon  the  request  for  proposal
    27  development  program  no  less  than ninety days before such request for
    28  proposal is released, but shall not be  involved  in  the  selection  of
    29  contractors  or  other  vendors.  The  local, state, and federal elected
    30  officials on the task force may review and comment upon the request  for
    31  proposal  development  program  no  less  than  ninety  days before such
    32  request for proposal is released, but  shall  not  be  involved  in  the
    33  selection  of contractors or other vendors. Development or redevelopment
    34  shall comply with all zoning and other land use laws and regulations  of
    35  the  city of New York, and any passive and active public open space that
    36  may be developed or redeveloped pursuant to any overall pier development
    37  or redevelopment proposal shall be available to the general public with-
    38  out professional or commercial activity.  Development  or  redevelopment
    39  shall  be  subject  to  and shall comply with the provisions of New York
    40  city's uniform land use review procedure.  Pursuant to requirements  set
    41  forth  in  this  chapter,  the  trust shall comply with all requirements
    42  related to a proposed significant action, including but not  limited  to
    43  holding  a  public  hearing on not less than thirty days' advance public
    44  notice.
    45    § 2. Subdivision 11 of section 7 of chapter 592 of the laws  of  1998,
    46  constituting the Hudson river park act, as amended by chapter 515 of the
    47  laws of 2018, is amended to read as follows:
    48    11. Except as otherwise provided in this subdivision, in paragraph (j)
    49  of  subdivision  1 of this section, in paragraph (b) of subdivision 3 of
    50  this section or in chapter 288 of the laws of 2005, the  trust  may  not
    51  enter  into  a  lease,  concession agreement, license or other agreement
    52  relating to any part of the park for periods in excess of  thirty  years
    53  in  total;  except that such duration restriction shall not apply to (i)
    54  the Hudson river rail tunnel, which use shall be  permitted,  where  the
    55  trust  may enter into a lease for a term coterminous with its lease with
    56  the state of New York provided for in paragraph (b) of subdivision 3  of

        A. 8350                             3

     1  this section, which lease shall be subject to automatic renewal with any
     2  extensions  of the term of the underlying state lease that is authorized
     3  under this act and which lease shall provide for the project sponsor  to
     4  restore  for  public  open space use, at its cost and in accordance with
     5  plans provided by the trust, the surface portions of the  park  affected
     6  by  or  used  temporarily in connection with construction and staging of
     7  the Hudson river rail tunnel, and (ii) piers 57, 59, 60, 61, 76, 81,  83
     8  and  98  where  the  trust may enter into a lease, concession agreement,
     9  license or other agreement for a term or terms that may be up to  forty-
    10  nine  years and except that such duration restriction shall not apply to
    11  such piers where the trust may enter into a lease, concession agreement,
    12  license or other agreement for a term or terms that may be up  to  nine-
    13  ty-nine  years,  provided,  however,  such  lease, concession agreement,
    14  license or other agreement shall only occur upon the condition that such
    15  agreements are identified and authorized in a memorandum of  understand-
    16  ing  between the governor, the mayor of the city of New York, the tempo-
    17  rary president of the senate and  the  speaker  of  the  assembly  after
    18  consultation  with  the  members of the assembly and senate representing
    19  the area where the pier that is the subject of the agreement is located;
    20  except pier 40, where the trust  may  enter  into  a  lease,  concession
    21  agreement, license or other agreement for a term or terms that may be up
    22  to 49 years with the option of one twenty-five year renewal and a second
    23  renewal  for  up  to  twenty-four  years, provided, however, such lease,
    24  concession agreement, license or other agreement on pier 40  shall  only
    25  occur  upon  a majority vote of the board; and provided further that any
    26  such agreement for a period in excess of ten  years  shall  be  for  the
    27  purpose of assuring a lessee, licensee, concessionaire or other party to
    28  an  agreement  with  adequate  protection against loss of investments in
    29  developing, renovating, improving, furnishing, and equipping  properties
    30  within  the  park.  Any proposed lease, concession agreement, license or
    31  other agreement by the trust for a period in excess of ten  years  shall
    32  constitute  a proposed significant action subject to the requirements of
    33  subdivision six of this section. The trust shall  promulgate  rules  and
    34  regulations  governing  leases, concession agreements, licenses or other
    35  agreements. Such rules and regulations shall require the trust to  issue
    36  a  bid  prospectus  for  any leases, concession agreements, licenses and
    37  other agreements which would provide for a total capital  investment  in
    38  the  park  of no less than one million dollars over the proposed term of
    39  the agreement, except that the trust shall not be required  to  issue  a
    40  bid  prospectus  for  a  compatible governmental use. The bid prospectus
    41  submitted to prospective  bidders  shall  contain  specific  information
    42  concerning  the  nature  of  the capital improvements or equipment to be
    43  provided by the successful bidder and shall  be  provided  to  community
    44  boards one, two and four within the borough of Manhattan.
    45    §  3. Paragraph (vi) of subdivision (g) of section 3 of chapter 592 of
    46  the laws of 1998, constituting the Hudson river park act, as amended  by
    47  chapter 517 of the laws of 2013, is amended to read as follows:
    48    (vi)  solely  at pier 40 pursuant to the restrictions in paragraph (b)
    49  of subdivision 9 of section 7 and pier  57,  business,  professional  or
    50  governmental offices;
    51    § 4. This act shall take effect immediately.
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