THE COUNCIL OF THE CITY OF NEW YORK
RESOLUTION NO. 497
Resolution approving with modifications the decision of the City Planning Commission for the grant of an authorization, pursuant to Section 62-822(a) of the Zoning Resolution of the City of New York, to modify the location, area and minimum dimensions of waterfront public access areas and visual corridor requirements of Section 62-50 (General Requirements for Visual Corridors and Waterfront Public Access Areas) in connection with a proposed mixed use development on property generally bounded by a line 280 feet southeasterly of 3rd Street, the U.S. Pierhead and Bulkhead Line, 9th Street, and 27th Avenue (Block 906, Lots 1 and 5; Block 907, p/o Lots 1 and 8; Block 908, Lot 12; Block 909, Lot 35; portions of land underwater adjacent to Blocks 907 and 906) in R7-3/C2-4, R7A/C2-4, R6B and R6 Districts, within a large-scale general development in Community District 1, Borough of Queens (Non-ULURP No. N 140325 ZAQ; L.U. No. 130).
By Council Members Greenfield and Weprin
WHEREAS, the City Planning Commission filed with the Council on September 29, 2014 its decision dated September 29, 2014 (the "Decision"), on the application submitted by 2030 Astoria Developers, LLC, for the grant of an authorization pursuant to Section 62-822(a) of the Zoning Resolution of the City of New York to modify requirements of Section 62-50 (General Requirements for Visual Corridors and Waterfront Public Access Areas), which in conjunction with the other related actions would facilitate the development of a mixed-use, large-scale general development located on property generally bounded by a line 280 feet southeasterly of 3rd Street, the U.S. Pierhead and Bulkhead Line, 9th Street, and 27th Avenue, in the proposed R7-3/C2-4, R7A/C2-4, R6B and R6 Districts, within a large-scale general development, within the Hallets Point peninsula, Community District 1, Borough of Queens, (Non-ULURP No. N 140325 ZAQ), Borough of Queens (the "Application");
WHEREAS, the application is related to Applications C 140323 (A) ZSQ (L.U. No. 126), a special permit, pursuant to Section 74-743, to permit transfer of floor area between zoning lots, modify distance between buildings, modify yard, inner court and distance between windows or lot line requirement; C 140324 (A) ZSQ (L.U. 127), a special permit, pursuant to Section 62-836, to permit bulk modifications within waterfront blocks; C 140322 ZMQ (L.U. No. 128), an amendment to the Zoning Map, Section No. 9a, changing from an M1-1 District to an R7-3 District with a C2-4 overlay; changing from an R6 District to an R7A District with a C2-4 overlay; and changing from an R6 District to an R6B District; N 140329 (A) ZRQ (L.U. No. 129), an amendment of the Zoning Resolution of the City of New York, modifying Article II Chapter 3 and Appendix F, relating to Inclusionary Housing and modifying Article VII, Chapter 4, relating to Large-Scale General Development; and C 130384 MMQ (L.U. No. 131), an amendment to the City Map to (a) establish 4th Street between 26th Avenue to the edge of the proposed waterfront esplanade and; (b) eliminate 8th Street from 27th Avenue to the U.S. Pierhead and Bulkhead Line;
WHEREAS, the Decision is subject to review and action by the Council pursuant to Section 62-822 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 October 20, 2014;
WHEREAS, the City Planning Commission has made the findings required pursuant to Section 62-822(a) of the Zoning Resolution of the City of New York;
WHEREAS, the Council has considered the land use and environmental implications and other policy issues relating to the Decision and Application;
WHEREAS, the Council has considered the relevant environmental issues and the Final Environmental Impact Statement ("FEIS") (CEQR No. 13DCP127Q), for which a Notice of Completion was issued on September 19, 2014, as adjusted by the subsequent CEQR Technical Memoranda dated September 26, 2014 and November 14, 2014 (collectively, the "Technical Memoranda");
RESOLVED:
Having considered the FEIS and the Technical Memoranda with respect to the Decision and Application, the Council finds that:
(1) The FEIS and the Technical Memoranda meets the requirements of 6 N.Y.C.R.R. Part 617;
(2) From among the reasonable alternatives thereto, action to be approved, with the modifications set forth herein and in the Technical Memoranda (the "Modified Proposed Action"), is one that avoids or minimizes adverse environmental impacts to the maximum extent practicable;
(3) The adverse environmental impacts of the Modified Proposed Action will be minimized or avoided to the maximum extent practicable by requiring as conditions to the approval, pursuant to the Restrictive Declaration marked as Exhibit A to the CPC Decision C 140323(A) ZSQ, as modified by the New York City Council as of November 12, 2014, those mitigation measures that were identified as practical; and
(4) The Decision along with the FEIS and the Technical Memoranda 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 Section 62-822(a) of the Zoning Resolution of the City of New York and on the basis of the Decision and Application, and based on the environmental determination and consideration described in this report, N 140325 ZAQ, incorporated by reference herein, the Council approves the Decision with the following modifications and subject to the following terms and conditions:
Matter in strikethrough is old, deleted by the Council;
Matter in bold underline is new, added by the Council.
1. The property that is the subject of this application (N 140325 ZAQ) shall be developed in size and arrangement substantially in accordance with the dimensions, specifications and zoning computations indicated on the following plan, prepared by WORKSHOP: Ken Smith Landscape Architect, filed with this application and incorporated in this resolution:
Drawing No. |
Title________________________________ |
Last Date Revised |
L-100.00 |
Waterfront Public Access Area Plan |
07/07/2014 |
L-110.00 |
Zoning Calculations 1 |
07/07/2014 |
L-111.00 |
Zoning Calculations 2 |
07/07/2014 |
L-112.00 |
Zoning Calculations 3 |
07/07/2014 |
L-300.00 |
Overall Site Plan |
07/07/2014 |
L-310.00 |
Dimension Plan North |
07/07/2014 |
L-311.00 |
Dimension Plan South |
07/07/2014 |
L-320.00 |
Materials Plan North |
07/07/2014 |
L-321.00 |
Materials Plan South |
07/07/2014 |
L-330.00 |
Grading Plan North |
07/07/2014 |
L-331.00 |
Grading Plan South |
07/07/2014 |
L-340.00 |
Seating Plan North |
07/07/2014 |
Drawing No. |
Title________________________________ |
Last Date Revised |
L-341.00 |
Seating Plan South |
07/07/2014 |
L-350.00 |
Furnishings Plan North |
07/07/2014 |
L-351.00 |
Furnishings Plan South |
07/07/2014 |
L-360.00 |
Planting Plan North |
07/07/2014 |
L-361.00 |
Planting Plan South |
07/07/2014 |
L-400.00 |
Landscape Sections |
07/07/2014 |
L-401.00 |
Landscape Sections |
07/07/2014 |
L-402.00 |
Landscape Sections |
07/07/2014 |
L-500.00 |
Landscape Details Paving |
07/07/2014 |
L-501.00 |
Landscape Details, Curbs, Stairs, Walls |
07/07/2014 |
L-502.00 |
Landscape Details, Curbs, Stairs, Walls |
07/07/2014 |
L-503.00 |
Landscape Details Fence & Gate Details |
07/07/2014 |
L-510.00 |
Landscape Details Site Furnishings |
07/07/2014 |
L-511.00 |
Landscape Details Site Furnishings |
07/07/2014 |
L-512.00 |
Landscape Details Play Equipment |
07/07/2014 |
L-513.00 |
Landscape Details Play Equipment |
07/07/2014 |
L-514.00 |
Landscape Details Play Equipment |
07/07/2014 |
L-515.00 |
Landscape Details Signage |
07/07/2014 |
L-520.00 |
Landscape Details Planting |
07/07/2014 |
LT-100.00 |
Lighting Plan North |
07/07/2014 |
LT-101.00 |
Lighting Plan South |
07/07/2014 |
LT-110.00 |
Photometric Plan North |
07/07/2014 |
LT-111.00 |
Photometric Plan South |
07/07/2014 |
LT-200.00 |
Lighting Fixture Details |
07/07/2014 |
Drawing No. |
Title________________________________ |
Last Date Revised |
LT-201.00 |
Lighting Fixture Details |
07/07/2014 |
LT-202.00 |
Lighting Fixture Details |
07/07/2014 |
LT-400.00 |
Lighting Section |
07/07/2014 |
LT-401.00 |
Lighting Section |
07/07/2014 |
LT-402.00 |
Lighting Section |
07/07/2014 |
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 computations 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. Development pursuant to this resolution shall be allowed only after the attached Restrictive Declaration attached as Exhibit A to CPC Decision C 140323(A) ZSQ, as modified by the New York City Council as of November 12, 2014, subject to administrative and technical changes acceptable to Counsel to the Department, is executed by 2030 Astoria Developers, LLC or its successors, and such declaration shall have been recorded and filed in the Office of the Register of the City of New York, County of Queens.
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 authorization.
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 agents failure to act in accordance with the provisions of this authorization.
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 November 25, 2014, on file in this office.
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City Clerk, Clerk of The Council