THE COUNCIL OF THE CITY OF NEW YORK
RESOLUTION NO. 384
Title
Resolution approving the decision of the City Planning Commission on Application No. N 100210 ZRQ, for an amendment of the Zoning Resolution of the City of New York, concerning Section 74-743 (Special provisions for bulk modification), relating to open space, in General Large Scale Developments in C4-4 Districts, Borough of Queens (L.U. No. 140).
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"), pursuant to Section 201 of the New York City Charter, regarding an application submitted by Flushing Commons LLC, for an amendment of the Zoning Resolution of the City of New York to allow modification of open space regulations within a proposed General Large Scale Development (GLSD) in a C4-4 District to facilitate the construction of an approximately 1.16 million square foot mixed use development, known as Flushing Commons, in Downtown Flushing in Community District 7 (Application No. N 100210 ZRQ), 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 100208 ZSQ (L.U. No. 138), special permit pursuant to Sections 74-743(a)(2), 74-743(a)(4) and 74-744(b) to modify certain zoning requirements within a General Large Scale Development (GLSD); 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 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)(1) of the City Charter;
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, N 100210 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 to be deleted;
Matter with # # is defined in Section 12-10;
*** indicated where unchanged text appears in the Zoning Resolution
3/26/98
74-743
Special provisions for bulk modification
(a) For a #general large-scale development#, the City Planning Commission may permit:
(1) Distribution of total allowable #floor area#, #rooming units#, #dwelling units#, #lot coverage# and total required #open space# under the applicable district regulations within a #general large-scale development# without regard for #zoning lot lines# or district boundaries subject to the following limitations:
no distribution of #bulk# across the boundary of two districts shall be permitted for a #use# utilizing such #bulk# unless such #use# is permitted in both districts;
when a #general large-scale development# is located partially in a #Residence District# or in a Cl, C2, C3 or C4-1 District and partially in other #Commercial# or #Manufacturing Districts#, no transfer of commercial #floor area# to a #Residence District# or to a Cl, C2, C3 or C4-1 District from other districts shall be permitted;
(2) location of #buildings# without regard for the applicable #yard#, #court#, distance between #buildings#, or height and setback regulations;
(3) variation in the location of primary business entrances and #show windows# along frontages adjacent to #zoning lots# outside the #general large-scale development# without regard to regulations applicable near #Residence District# boundaries; and
(4) the maximum #floor area ratio# permitted pursuant to Section 23-142 (In R6, R7, R8 or R9 Districts) for the applicable district without regard for #height factor# or #open space ratio# requirements provided that the #general large-scale development# is located partially in a C6-1, C6-2, or C6-3 District within the boundaries of Community District 7 in Manhattan or located within a C4-4 District within the boundaries of Queens Community District 7 and that a minimum of 50 percent of the required #open space# is provided within the #general large-scale development#. Required #open space# for the purposes of paragraph (a) (4) of this Section shall be calculated by utilizing the smallest #open space ratio# at the maximum #floor area ratio# pursuant to Section 23-142 for the applicable district.
(5) In an #Inclusionary Housing designated area# in a C4-6 or C5 District:
a portion of the #lot area# that contains a wholly #commercial building# to be excluded from the calculation of #floor area# for any other #buildings# on the remainder of the #zoning lot#; or
community facility #floor area# located above the ground floor to be excluded from the calculation of the amount of #lower income housing# required pursuant to Section 23-942;
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(b) In order to grant a special permit pursuant to this Section for any #general large-scale development#, the Commission shall find that:
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(6) where the Commission permits the maximum #floor area ratio# in accordance with the provisions of paragraph (a) (4) of this Section, the #open space# provided is of sufficient size to serve the residents of new or #enlarged buildings#. Such #open space# shall be accessible to and usable by all residents of such new or #enlarged buildings#, have appropriate access, circulation, seating, lighting and paving, and be substantially landscaped. Furthermore, the site plan of such #general-large scale development# shall include superior landscaping for #open space# of the new or #enlarged buildings#;
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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 July 29, 2010, on file in this office.
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City Clerk, Clerk of The Council