File #: Res 2006-2013    Version: * Name: LU 929 - Zoning, Bricktown Way, Veterans Road West, Arthur Kill Road and Englewood Avenue, to facilitate phased mixed-use development, Staten Island (C 130279 ZMR)
Type: Resolution Status: Adopted
Committee: Committee on Land Use
On agenda: 10/30/2013
Enactment date: Law number:
Title: Resolution approving the decision of the City Planning Commission on ULURP No. C 130279 ZMR, a Zoning Map amendment (L.U. No. 929).
Sponsors: Leroy G. Comrie, Jr., Mark S. Weprin
Council Member Sponsors: 2
Attachments: 1. Committee Report, 2. Hearing Transcript - Stated Meeting 10-30-13
Resolution approving the decision of the City Planning Commission on ULURP No. C 130279 ZMR, a Zoning Map amendment (L.U. No. 929).
By Council Members Comrie and Weprin
      WHEREAS, the City Planning Commission filed with the Council on September 13, 2013 its decision dated September 11, 2013 (the "Decision"), on the application submitted by the New York City Economic Development Corporation and Bricktown Pass, LLC, pursuant to Sections 197-c and 201 of the New York City Charter, for an amendment of the Zoning Map, Section No. 32d, which in conjunction with its related actions would facilitate a phased mixed-use development including approximately 279,000 square feet (SF) of retail space, a 15,000SF New York Public Library, 162 units of senior housing, a 750-seat public school and 43 acres of parkland, Community District 3 (ULURP No. C 130279 ZMR), Borough of Staten Island (the "Application");
      WHEREAS, the application is related to Applications C 130229 MMR (L.U. No. 930), a city map change to establish Bricktown Way, Tyrellan Avenue, Englewood Avenue, Fairview Park and Conservation Area; and extinguish 10 unbuilt record streets; C 130288 PQR (L.U. No. 931), an acquisition of  property for use as a public school;  C 130289 PSR (L.U. No. 932), a site selection of property for use as a public library; and C 130290 PQR (L.U. No. 933), an acquisition of property easement to facilitate pedestrian, vehicular and bicycle access;
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 2, 2013;
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 August 30, 2013 (CEQR No. 13DME001R);
Having considered the FEIS with respect to the Decision and Application, the Council finds that:
(1)             The FEIS meets the requirements of 6 N.Y.C.R.R. Part 617;
(2)      Consistent with social, economic, and other essential considerations, from among the reasonable alternatives thereto, the action is one which minimizes or avoids adverse environmental impacts to the maximum extent practicable, provided that in the event that the action cannot be realized with respect to improvement of Englewood Avenue from Kent Avenue to Veterans Road West, either the "Shortened Englewood Avenue Alternative" or the " 40-Foot Wide Englewood Avenue Alternative" may be pursued; and
(3)      The adverse environmental impacts disclosed in the FEIS will be minimized or avoided to the maximum extent practicable by incorporating as conditions to the approval, in accordance with environmental commitment letters, each dated September 10, 2013, from the New York City Economic Development Corporation and the New York City Department of Parks and Recreation, and acknowledged and accepted by the Office of the Deputy Mayor for Economic Development, those project components related to the environment and mitigation measures that were identified as practicable.
(4)      The Decision together with 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. §617.11(d).
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 130279 ZMR, 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 by changing the Zoning Map, Section No. 32d:
1.      changing from an M1-1 District to an R3-2 District property bounded by Englewood Avenue, the easterly, northerly and westerly boundary lines of a Park and its northerly prolongation, and Cosmen Street;
2.      changing from an M1-1 District within to a C4-1 District property bounded by Arthur Kill Road, the westerly prolongation of a northerly boundary line of a Park, a westerly boundary line of a Park and its southerly prolongation, a line 480 feet northerly of Veterans Road West, Waunner Street and its northerly centerline prolongation, and Veterans Road West; and
3.      changing from an M1-1District to a C4-1 District property bounded by a southerly boundary line of a Park, the southerly prolongation of an easterly boundary line of  a Park, Bricktown Way, and an easterly boundary line of a Park and its southerly prolongation;
as shown on a diagram (for illustrative purpose only), dated May 6, 2013, Community District 3, Borough of Staten Island.
       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 30, 2013, on file in this office.
                                                                              City Clerk, Clerk of The Council