New York City Council Header
File #: Res 0831-2019    Version: * Name: LU 362 - Zoning, 809 Atlantic Avenue Rezoning, Brooklyn (C190071ZMK)
Type: Resolution Status: Adopted
Committee: Committee on Land Use
On agenda: 4/9/2019
Enactment date: Law number:
Title: Resolution approving the decision of the City Planning Commission on ULURP No. C 190071 ZMK, a Zoning Map amendment (L.U. No. 362).
Sponsors: Rafael Salamanca, Jr., Francisco P. Moya
Council Member Sponsors: 2
Attachments: 1. February 28, 2019 - Stated Meeting Agenda with Links to Files, 2. Land Use Calendar - Week of March 4, 2019 - March 8, 2019, 3. Hearing Testimony - Zoning 3-6-19, 4. Land Use Calendar - Week of April 1, 2019 - April 5, 2019, 5. Hearing Transcript - Zoning 3-6-19, 6. Land Use Calendar and Agenda for April 3, 2019, 7. Committee Report, 8. Resolution, 9. Hearing Transcript - Stated Meeting 4-9-19, 10. Minutes of the Stated Meeting - April 9, 2019

THE COUNCIL OF THE CITY OF NEW YORK

RESOLUTION NO. 831

 

Resolution approving the decision of the City Planning Commission on ULURP No. C 190071 ZMK, a Zoning Map amendment (L.U. No. 362).

 

By Council Members Salamanca and Moya

 

WHEREAS, the City Planning Commission filed with the Council on February 25, 2019 its decision dated February 25, 2019 (the "Decision"), on the application submitted by 550 Clinton Partners, LLC, and 539 Vanderbilt Partners, LLC, pursuant to Sections 197-c and 201 of the New York City Charter, for an amendment of the Zoning Map, Section No. 16c, eliminating from within an existing R7A District a C2-4 District, changing from an R7A District to an R6A District, changing from an R6A District to an R9 District, changing from an R7A District to an R9 District, and establishing within the proposed R9 District a C2-5 District, which in conjunction with the related actions would facilitate the development of two new mixed-use buildings on the development site, one 4 stories and one 29 stories, with approximately 204,000 square feet of residential floor area and 33,000 square feet of commercial floor area and fund the restoration of the landmarked Church of St. Luke & St. Matthew at 809 Atlantic Avenue in the Fort Greene/Clinton Hill neighborhood of Brooklyn, Community District 2 (ULURP No. C 190071 ZMK) (the "Application");

 

WHEREAS, the Application is related to applications C 190072 ZSK (L.U. No. 363), a special permit pursuant to Zoning Resolution (ZR) Section 74-711 to modify bulk requirements; C 190073 ZSK (L.U. No. 364), a special permit pursuant to ZR Section 74-533 to modify residential parking requirements; N 190074 ZRK (L.U. No. 365), a zoning text amendment to designate a Mandatory Inclusionary Housing (MIH) area;

 

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 March 6, 2019;

 

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

 

WHEREAS, the Council has considered the relevant environmental issues, including the Revised Negative Declaration issued February 22nd, 2019 which supersedes the Negative Declaration issued September 24th, 2018, and Revised Environmental Assessment Statement issued February 22nd, 2019 (CEQR No. 18DCP179K) which include an (E) designation to avoid the potential for significant adverse impacts related to hazardous materials and air quality or noise (the “E” Designation (E-499));

 

RESOLVED:

 

The Council finds that the action described herein will have no significant impact on the environment as set forth in the (E) Designation (E-499) and Revised 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 190071 ZMK, incorporated by reference herein, and the record before the Council, the Council approves the Decision of the City Planning Commission.

 

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. 16c:

 

1.                     eliminating from within an existing R7A District a C2-4 District bounded by a line 100 feet northerly of Atlantic Avenue, Clinton Avenue, Atlantic Avenue, and Vanderbilt Avenue;

 

2.                     changing from an R7A District to an R6A District property bounded by a line 100 feet northerly of Atlantic Avenue, a line perpendicular to the westerly street line of Clinton Avenue distant 100 feet northerly (as measured along the street line) from the point of intersection of the northerly street line of Atlantic Avenue and the westerly street line of Clinton Avenue, and a line midway between Vanderbilt Avenue and Clinton Avenue;

 

3.                     changing from an R6A District to an R9 District property bounded by:

 

a.                     a line perpendicular to the easterly street line of Vanderbilt Avenue distant 135 feet northerly (as measured along the street line) from the point of intersection of the northerly street line of Atlantic Avenue and the easterly street line of Vanderbilt Avenue, a line midway between Vanderbilt Avenue and Clinton Avenue, a line 100 feet northerly of Atlantic Avenue, and a line 80 feet easterly of Vanderbilt Avenue; and

 

b.                     a line perpendicular to the westerly street line of Clinton Avenue distant 100 feet northerly (as measured along the street line) from the point of intersection of the northerly street line of Atlantic Avenue and the westerly street line of Clinton Avenue, Clinton Avenue, and a line 100 feet northerly of Atlantic Avenue;

 

4.                     changing from an R7A District to an R9 District property bounded by a line perpendicular to the easterly street line of Vanderbilt Avenue distant 135 feet northerly (as measured along the street line) from the point of intersection of the northerly street line of Atlantic Avenue and the easterly street line of Vanderbilt Avenue, a line 80 feet easterly of Vanderbilt Avenue, a line 100 feet northerly of Atlantic Avenue, a line midway between Vanderbilt Avenue and Clinton Avenue, a line perpendicular to the westerly street line of Clinton Avenue distant 100 feet northerly (as measured along the street line) from the point of intersection of the northerly street line of Atlantic Avenue and the westerly street line of Clinton Avenue, a line 100 feet northerly of Atlantic Avenue, Clinton Avenue, Atlantic Avenue, and Vanderbilt Avenue; and

 

5.                     establishing within the proposed R9 District a C2-5 District bounded by a line perpendicular to the easterly street line of Vanderbilt Avenue distant 135 feet northerly (as measured along the street line) from the point of intersection of the northerly street line of Atlantic Avenue and the easterly street line of Vanderbilt Avenue, a line midway between Vanderbilt Avenue and Clinton Avenue, a line perpendicular to the westerly street line of Clinton Avenue distant 100 feet northerly (as measure along the street line) from the point of intersection of the northerly street line of Atlantic Avenue and the westerly street line of Clinton Avenue, Clinton Avenue, Atlantic Avenue, and Vanderbilt Avenue;

 

Borough of Brooklyn, Community District 2, as shown on a diagram (for illustrative purposes only) dated September 24, 2018, and subject to the conditions of CEQR Declaration E-499.

 

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 April 9, 2019, on file in this office.

 

 

 

 

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City Clerk, Clerk of The Council