THE COUNCIL OF THE CITY OF NEW YORK

RESOLUTION NO. 2229

Resolution approving the decision of the City Planning Commission on ULURP No. C 030129 ZMQ, a Zoning Map amendment (L.U. No. 1233).

By Council Members Katz and Avella

WHEREAS, the City Planning Commission filed with the Council on September 15, 2009 its decision dated September 9, 2009 (the "Decision"), on the application submitted by MCM Realty Associates, LLC, pursuant to Sections 197-c and 201 of the New York City Charter, for an amendment to the Zoning Map, changing from an R3-2 District to an R6A District (ULURP No. C 030129 ZMQ) (the "Application");

WHEREAS, the Decision is subject to review and action by the Council pursuant to Section 197-d(b)(1) of the City Charter;

WHEREAS, upon due notice, the Council held a public hearing on the Decision and Application on October 6, 2009;

WHEREAS, the Council has considered the land use implications and other policy issues relating to the Decision and Application; and

                      WHEREAS, the Council has considered the relevant environmental issues and the Conditional Negative Declaration, issued August 3, 2009 (CEQR No. 03DCP013Q);

RESOLVED:

                     The Council finds that the action described herein will have no significant effect on the environment subject to the following conditions:

The applicant has entered into a restrictive declaration (Block 8401, Lots 550 and 600) to ensure that the appropriate hazardous materials sampling protocols, including health and safety plans, will occur prior to construction on the premises (Block 8401, Lots 550 and 600). The restrictive declaration would ensure that appropriate mediation measure for on-site hazardous materials, if necessary, would occur.

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 this report, C 030129 ZMQ, incorporated by reference herein, the Council approves the Decision.

                     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. 11d, by changing from an R3-2 District to an R6A District property bounded by Commonwealth Boulevard, a former service road of Grand Central Parkway and its southwesterly centerline prolongation, Grand Central Parkway, the southeasterly centerline prolongation of 247^th Street, a line 500 feet southeasterly of Grand Central Parkway, the easterly centerline prolongation of 72^nd Avenue, and the northwesterly service road of the Grand Central Parkway, as shown on a diagram (for illustrative purposes only) dated April 20, 2009 and which includes CEQR Declaration E-234, Community District 13, Borough of Queens.

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 October 14, 2009, on file in this office.

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                                                                                                                                                                                                       City Clerk, Clerk of The Council