THE COUNCIL OF THE CITY OF NEW YORK

RESOLUTION NO. 588

Resolution approving the decision of the City Planning Commission on ULURP No. C 180383 ZSQ (L.U. No. 213), for the grant of a special permit pursuant to Sections 16-352 and 74-52 of the Zoning Resolution to allow an attended public parking garage with a maximum capacity of 91 spaces on portions of the ground floor, 2nd floor, and 3rd floor and to allow floor space on one or more stories and up to a height of 23 feet above curb level, to be exempted from the definition of floor area as set forth in Section 12-10 (DEFINITIONS), of a proposed 27-story, mixed-use development on property located at 27-01 Jackson Avenue (Block 432, Lots 18, 21 & 29), in M1-5/R9 and M1-5/R7-3 Districts, within the Special Long Island City Mixed Use District (Queens Plaza Subdistrict - Areas B and C), Community District 2, Borough of Queens.

By Council Members Salamanca and Moya

                     WHEREAS, the City Planning Commission filed with the Council on September 11, 2018 its decision dated August 22, 2018 (the "Decision"), on the application submitted by 2701 Jackson Avenue, LLC, pursuant to Sections 197-c and 200 of the New York City Charter, for the grant of a special permit pursuant to Sections 16-352 and 74-52 of the Zoning Resolution to allow an attended public parking garage with a maximum capacity of 91 spaces on portions of the ground floor, 2nd floor, and 3rd floor and to allow floor space on one or more stories and up to a height of 23 feet above curb level, to be exempted from the definition of floor area as set forth in Section 12-10 (DEFINITIONS), of a proposed 27-story, mixed-use development on property located at 27-01 Jackson Avenue (Block 432, Lots 18, 21 & 29), in M1-5/R9 and M1-5/R7-3 Districts, within the Special Long Island City Mixed Use District (Queens Plaza Subdistrict - Areas B and C), to facilitate the construction of an approximately 91-space public parking garage in the Court Square neighborhood of Long Island City, Borough of Queens, Community District 2, (ULURP No. C 180383 ZSQ) (the “Application”);

                     WHEREAS, the Application is related to applications C 180385 PPQ (L.U. No. 211), a disposition of City-owned property to an adjacent, privately-owned development site and C 180382 ZSQ (L.U. No. 212), a special permit for modifications to bulk requirements in the Queens Plaza Subdistrict of the Special Long Island City Mixed Use District (ZR 117-533);

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 Sections 16-352 and 74-52 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 September 17, 2018;

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

WHEREAS, the Council has considered the relevant environmental issues, including the negative declaration issued May 3, 2018 (CEQR No. 18HPD041Q) (the “Negative Declaration”);

RESOLVED:

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

environment as set forth in the Negative Declaration.

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 the report, C 180383 ZSQ, incorporated by reference herein, the Council approves the Decision of the City Planning Commission.

1.                     The property that is the subject of this application (C 180383 ZSQ) shall be developed in size and arrangement substantially in accordance with the dimensions, specifications, and zoning computations indicated on the following plans, prepared by SLCE Architects, LLC, filed with this application and incorporated in this resolution:

2.                     Such development shall conform to all applicable provisions of the Zoning Resolution, except for the modifications specifically granted in this resolution and shown on the plans listed above which have been filed with this application. All zoning computation are subject to verification and approval by the New York City Department of Buildings.

3.                     Such development shall conform to all applicable laws and regulations relating to its construction, operation, and maintenance.

4.                     All  leases,  subleases,  or  other  agreements  for  use  or  occupancy  of  space  at  the  subject property shall give actual notice of this special permit to the lessee, sublessee or occupant.

5.                     Upon the failure of any party having any right, title or interest in the property that is the subject  of  this  application,  or  the  failure  of  any  heir,  successor,  assign,  or  legal representative  of  such  party,  to  observe  any  of  the  covenants,  restrictions,  agreements, terms or conditions of this resolution whose provisions shall constitute conditions of the special permit hereby granted, the City Planning Commission may, without the consent of any  other  party,  revoke  any  portion  of  or  all  of  said  special  permit.  Such power of revocation shall be in addition to and not limited to any other powers of the City Planning Commission, or of any other agency of government, or any private person or entity. Any such failure as stated above, or any alteration in the development that is the subject of this application that departs from any of the conditions listed above, is grounds for the City Planning Commission or the City Council, as applicable, to disapprove any application for modification, cancellation or amendment of the special permit hereby granted.

6.                     Neither  the  City  of  New  York  nor  its  employees  or  agents  shall  have  any  liability  for money  damages  by  reason  of  the  city’s  or  such  employee’s  or  agent’s  failure  to  act  in accordance with the provisions of this special permit.

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 31, 2018, on file in this office.

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                                                                                                                                                                                                       City Clerk, Clerk of The Council