THE COUNCIL OF THE CITY OF NEW YORK

RESOLUTION NO. 2213

Resolution approving the decision of the City Planning Commission on Application No. N 090442 ZRK,  for an amendment of the Zoning Resolution of the City of New York, concerning Article II, Chapter 3 (Bulk regulations for Residential Buildings in Residence Districts), relating to the application of the Inclusionary Housing Program to R9A districts in Community District 2, Borough of Brooklyn (L.U. No. 1211).

By Council Members Katz and Avella

                           WHEREAS, the City Planning Commission filed with the Council on September 1, 2009 its decision dated August 19, 2009 (the "Decision"), pursuant to Section 201 of the New York City Charter, regarding an application submitted by the Atara Vanderbilt, LLC  for an amendment of the Zoning Resolution of the City of New York, concerning Article II, Chapter 3 (Bulk regulations for Residential Buildings in Residence Districts), relating to the application of the Inclusionary Housing Program to R9A districts in Community District 2 (Application No. N 090442 ZRK), Borough of Brooklyn (the "Application");

                     WHEREAS, the Application is related to ULURP Applications Numbers C 090441 ZMK (L.U. No. 1210), a zoning map amendment changing an M1-1 district and an R6/C2-3 district to a C6-3A district; and C 090443 ZSK (L.U. No. 1212), a special permit pursuant to Section 74-743 to waive regulations related to distribution of residential lot coverage, dimensions of inner court recesses, and location of street walls within a General Large Scale Development;

                          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 September 22, 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 Revised Negative Declaration, issued on August 17, 2009 (CEQR No. 09DCP081K);

RESOLVED:

                     The Council finds that the action described herein will have no significant impact on the environment.

                           Pursuant to Sections 197-d and 200 of the City Charter and on the basis of the Decision and Application, 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;

* * * indicates where unchanged text appears in the Zoning Resolution

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23-144

In designated areas where the Inclusionary Housing Program is applicable

In #Inclusionary Housing designated areas#, as listed in the following table, the maximum permitted #floor area ratios# shall be as set forth in Section 23-952 (In Inclusionary Housing designated areas). The locations of such districts are specified in Appendix A of this Chapter.

* * *

APPENDIX F

INCLUSIONARY HOUSING DESIGNATED AREAS

The boundaries of #Inclusionary Housing designated areas# are shown on the maps listed in this Appendix F. The #Residence Districts# listed for such areas shall include #Commercial Districts# where #residential buildings# or the #residential# portion of #mixed buildings# are governed by #bulk# regulations of such #residence districts#.

* * *

Brooklyn, Community District 2

In the R7A, and R8A, and R9A Districts within the areas shown on the following Maps 1, 2, 3 and 4:

* * *

Map 3

Portion of Community District 2, Brooklyn

(Revised Map - Applicable Inclusionary housing area expanded, expanded area shown in grey)

* * *

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 September 30, 2009, on file in this office.

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                                                                                                                                                                                   City Clerk, Clerk of The Council