THE COUNCIL OF THE CITY OF NEW YORK
RESOLUTION NO. 176
Title
Resolution approving the decision of the City Planning Commission on Application No. N 100124 ZRQ, for an amendment of the Zoning Resolution of the City of New York, concerning Article XII, Special Purpose Districts, Chapter 6 (Special College Point District), relating to Section 126-233 (b) (Special provisions along district boundaries), Borough of Queens (L.U. No. 54).
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By Council Members Comrie and Weprin
WHEREAS, the City Planning Commission filed with the Council on February 26, 2010 its decision dated February 24, 2010 (the "Decision"), pursuant to Section 201 of the New York City Charter, regarding an application submitted by Skanska USA Civil Northeast Inc., for an amendment of the Zoning Resolution of the City of New York, concerning Article XII, Special Purpose Districts, Chapter 6 (Special College Point District), relating to Section 126-233 (b) (Special provisions along district boundaries), to modify the requirements of the Special College Point District for planted areas along the boundaries of the special district (Application No. N 100124 ZRQ), Borough of Queens (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 April 7, 2010;
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 Revised Negative Declaration, issued on September 30, 2009 (CEQR No. 09DME007Q);
RESOLVED:
The Council finds that the action described herein will have no significant effect on the environment.
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, N 100124 ZRQ, 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 as follows:
Matter in underline is new, to be added;
Matter in strikeout is old, to be deleted;
Matter within # # is defined in Section 12-10 (DEFINITIONS) * * * indicates where unchanged text appears in the Resolution
Article XII - Special Purpose Districts
Chapter 6
Special College Point District
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126-20
SPECIAL BULK REGULATIONS
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126-23
Modification of Yard Regulations
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126-233
Special provisions along district boundaries
The following regulations shall supplement the provisions of Section 43-30 (Special Provisions Applying along District Boundaries).
Sections 43-301 (Required yards along district boundary coincident with side lot line of zoning lot in an RI, R2, R3, R4 or R5 District) and 43-303 (Required yards along district boundary coincident with side lot line of zoning lot in a Manufacturing District) shall be modified so that an open area not higher than #curb level# and at least 20 feet wide shall be provided within the #Manufacturing District# on any #zoning lot# which is within 25 feet of a #residence district#.
Within the areas depicted on the Special College Point District Map as 60-foot buffer areas, an open area not higher than #curb level# shall be provided within the #Manufacturing District# as follows:
(1) and at least 60 feet wide, or where such open buffer area is adjacent to a #street#, a #front yard# not higher than #curb level# at least 60 feet in depth; shall be provided #within the Manufacturing District#.
(2) where such buffer area is not adjacent to a #street#, an open area at least 60 feet wide shall be provided along the boundary of the #Manufacturing District#. Such open area may be reduced to a width of not less than 25 feet where there is an open area in an adjacent #Residence District# so that, in combination with the open area within the #Manufacturing District#, there is an open area totaling at least 60 feet in width. The open area in the #Residence District# shall be subject to a restrictive declaration requiring that such area be maintained pursuant to the standards of this Section, in a form approved by the New York City Department of Buildings, and subsequently recorded in the Office of the City Register of the City of New York against all tax lots comprising such restricted open area. Proof of recordation of the restrictive declaration in a form acceptable to the New York City Department of Buildings shall be submitted.
All Ssuch open areas shall not be used for #accessory# off-street parking, #accessory# off-street loading, or for storage or processing of any kind.
(c) All open areas required pursuant to this Section and Section 43-30 shall be planted, except at entrances to and exits from the #building# and except for access driveways to #accessory# parking and loading areas. In addition, except within #front yards#, there shall be a planting strip at least four feet wide, along the portion of the #lot line# adjoining the #Residence District#, complying with the provisions applicable to Section 126-136 (Screening of storage), provided that paragraph (b) of Section 126136 shall not be a permitted form of screening.
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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 April 14, 2010, on file in this office.
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City Clerk, Clerk of The Council