THE COUNCIL OF THE CITY OF NEW YORK

RESOLUTION NO. 1104

Resolution approving the decision of the City Planning Commission on ULURP No. C 060353 ZMK, a Zoning Map change (L.U. No. 578).

By Council Members Katz and Avella

WHEREAS, the City Planning Commission filed with the Council on September 21, 2007 its decision dated September 19, 2007 (the "Decision"), on the application submitted by MSK Properties, LLC, pursuant to Sections 197-c and 201 of the New York City Charter, for an amendment to the Zoning Map (ULURP No. C 060353 ZMK) (the "Application");

WHEREAS, the Application is related to ULURP Application Number C 060354 ZSK (L.U. No. 579), a special permit pursuant to Section 74-681 of the Zoning Resolution to allow a portion of a railroad yard which has been permanently discontinued or terminated to be included in the lot area of a proposed mixed use development on property located at 6200 8th Avenue (Block 5794, Lot 75).;

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 October 9, 2007;

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 Conditional Negative Declaration, issued on August 20, 2007, which included (E) designation (E-178) for noise on Block 5794, Lots 75, 150 and 165 (CEQR No. 06DCP082K);

RESOLVED:

The Council finds that the action described herein will have no significant effect on the environment provided that the conditions enumerated in the environmental report are implemented.

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 by changing the Zoning Map, Section No. 22a:

1.                      changing from an M1-1 District to a C4-2 District property bounded by the southwesterly boundary line of the Long island Railroad Right-of-Way (Bay Ridge Division), 8th Avenue, a line 175 northeasterly of 64th Street, and 7th Avenue;

2.                      changing from M1-1 District to a C4-2A District property bounded by a line 175 feet northeasterly of 64th Street, 8th Avenue, 64th Street, a line 225 feet northeasterly of 8th Avenue, a line 150 feet northeasterly of 64th Street, and 7th Avenue; and

3.                      changing from an M1-2 District to a C4-2A District property bounded by a line 150 feet northeasterly of 64th Street, a line 225 feet northwesterly of 8th Avenue, 64th Street and 7th Avenue;

as shown on a diagram (for illustrative purposes only) dated May 21, 2007 and which includes CEQR Declaration E-178, Community District 10, Borough of Brooklyn.

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 17, 2007, on file in this office.

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                                                                                                                                                                                                       City Clerk, Clerk of The Council