THE COUNCIL OF THE CITY OF NEW YORK
RESOLUTION NO. 382

Title
Resolution approving the decision of the City Planning Commission on ULURP No. C 100208 ZSQ (L.U. No. 138), for the grant of a special permit pursuant to the following sections of the Zoning Resolution of the City of New York: Section 74-743(a)(2) - to allow the location of buildings without regard for the height and setback requirements of Sections 23-632, 33-432 and 35-60, the rear yard requirements of Sections 23-532 and 35-53, the rear yard setback requirements of Section 23-663, the minimum distance between buildings and minimum distance between legally required windows and building walls regulations of Section 23-711; Section 74-743(a)(4) - to allow the maximum floor area ratio permitted pursuant to Section 23-142 without regard for height factor or open space ratio requirements; Section 74-744(b) - to allow residential and non-residential uses to be arranged within buildings without regard for the requirements of Section 32-42; Borough of Queens.
Body

By Council Members Comrie and Weprin

WHEREAS, the City Planning Commission filed with the Council on June 25, 2010 its decision dated June 23, 2010 (the "Decision"), on the application submitted by Flushing Commons LLC and the NYC 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 the following sections of the Zoning Resolution of the City of New York:

Section 74-743(a)(2) - to allow the location of buildings without regard for the height and setback requirements of Sections 23-632, 33-432 and 35-60, the rear yard requirements of Sections 23-532 and 35-53, the rear yard setback requirements of Section 23-663, the minimum distance between buildings and minimum distance between legally required windows and building walls regulations of Section 23-711;

Section 74-743(a)(4) - to allow the maximum floor area ratio permitted pursuant to Section 23-142 without regard for height factor or open space ratio requirements;

Section 74-744(b) - to allow residential and non-residential uses to be arranged within buildings without regard for the requirements of Section 32-42;

to facilitate a proposed mixed use development, on property located at 38-15 138th Street a.k.a. 37-10 Union Street (Block 4978, p/o Lot 25), in a C4-4 District, within a General Large Scale Development (ULURP No. C 100208 ZSQ), Community District 7, Borough of Queens (the "Application");

WHEREAS, the Application is related to ULURP Applications Numbers C 100206 PPQ (L.U. No. 136), a disposition of city-owned property; C 100207 ZMQ (L.U. No. 137), an amendment of the Zoning Map, changing from a C4-3 District to a C4-4 District; C 100209 ZSQ (L.U. No. 139), special permit pursuant to Section74-512 to allow a public parking facility with a maximum capacity of 1,600 spaces; N 100210 ZRQ (L.U. No. 140), a zoning text amendment relating to Section 74-743 (Special Provisions for Bulk Modification), relating to open space in General Large Scale Developments (GLSD) in C4-4 Districts; N 100211 ZRQ (L.U. No. 141), zoning text amendment pursuant to Section 62-952 relating to the Downtown Flushing Waterfront Access Plan (WAP Q-2) to allow public parking lots as-of-right and to exempt such parking from requirements for public access and visual corridors; C 100212 ZSQ (L.U. No. 142), special permit pursuant to Section 74-512 to allow a public parking lot with a maximum capacity of 647 spaces; C 100213 ZSQ (L.U. No. 143), special permit pursuant to Sections 62-835 and 74-512 to allow a public parking lot with a maximum capacity of 309 spaces; and C 100214 ZSQ (L.U. No. 144), special permit pursuant to Section 74-512 to allow a public parking lot with a maximum capacity of 275 attended parking spaces;

WHEREAS, the Decision is subject to review and action by the Council pursuant to Section 197-d(b)(3) of the City Charter;

WHEREAS, the City Planning Commission has made the findings required pursuant to Section 74-743 and Section 74-744 of the Zoning Resolution of the City of New York;

WHEREAS, upon due notice, the Council held a public hearing on the Decision and Application on July 15, 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 Final Environmental Impact Statement (FEIS) for which a Notice of Completion was issued on June 11, 2010 (CEQR No. 06DME10Q);

RESOLVED:

Having considered the FEIS, with respect to the Application, the Council finds that:

The FEIS meets the requirements of 6 N.Y.C.R.R. Part 617;



From among the reasonable alternatives thereto, the actions to be approved are ones which minimize or avoid adverse environmental impacts to the maximum extent practicable; and

The adverse environmental impacts revealed in the environmental impact statement will be minimized or avoided to the maximum extent possible by incorporating as conditions to the approval those mitigative measures that were identified as practicable; and

The Decision and the FEIS constitute the written statement of facts, and of social, economic and other factors and standards that form the basis of the decision, pursuant to 6 N.Y.C.R.R. §617.9(c)(3).

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 100208 ZSQ, incorporated by reference herein, the Council approves the Decision.

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 July 29, 2010, on file in this office.




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City Clerk, Clerk of The Council