THE COUNCIL OF THE CITY OF NEW YORK RESOLUTION NO. 1054 Title Resolution approving the decision of the City Planning Commission on ULURP No. C 980319 ZMK, a Zoning Map Change (L.U. No. 504). Body By Council Members Eisland and McCaffrey WHEREAS, the City Planning Commission filed with the Council on September 17, 1999 its decision dated September 8, 1999 (the "Decision"), on the application submitted by the The Home Depot USA, Inc. pursuant to Sections 197-c and 201 of the New York City Charter, for an amendment to the Zoning Map (ULURP No. C 980319 ZMK) (the "Application"); WHEREAS, the Application is related to ULURP Application Nos. C 980318 MMK (L.U. No. 505), a City Map change; and N 980320 ZAK (L.U. No. 506), for the grant of an authorization; 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 5, 1999; 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 27, 1999 (CEQR No. 98DCP038K); RESOLVED: Having considered the FEIS, with respect to the Application, the Council finds that: (1) the FEIS meets the requirements of 6 N.Y.C.R.R. Part 617; ____________ Page 2 of 3 pages C 980319 ZMK Reso. No. 1054 (L.U. No. 504) (2) consistent with social, economic and other essential considerations, from among the reasonable alternatives, the proposed action is the one which minimizes or avoids adverse environmental effects to the maximum extent practicable, including the effects disclosed in the FEIS; and (3) consistent with social, economic and other essential considerations, to the maximum extent practicable, adverse environmental effects revealed in the environmental impart statement will be minimized or avoided by incorporating as conditions to the approval those mitigative measures which were identified as practicable; and The Decision and the FEIS constitute the written statement of facts, and of social, economic and other factors and standards that form the basis of this determination, pursuant to 6 N.Y.C.R.R. ?617.9(c)(3). The Council finds that the action described herein will have no significant effect on the environment. 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 Nos. 28c and 28d: a. changing from an R4 District to a C8-1 District property bounded by a line 30 feet northeasterly of the southwesterly street line of Bay 53rd Street, Bay 53rd Street, a line 360 feet westerly of Cropsey Avenue, a line 100 feet southerly of Bay 53rd Street, Cropsey Avenue, the northerly U. S. Pierhead and Bulkhead Line of Coney Island Creek and its northeasterly prolongation, and an easterly boundary line of Dreier-Offerman Park; and ____________ Page 3 of 3 pages C 980319 ZMK Reso. No. 1054 (L.U. No. 504) b. establishing a C8-1 District on property bounded by the northerly U. S. Pierhead and Bulkhead Line of Coney Island Creek and its northeasterly prolongation, Cropsey Avenue, the northeasterly prolongation of the southerly U. S. Pierhead and Bulkhead Line of Coney Island Creek, the easterly N. Y. C. Pierhead Line of Coney Island Creek, and an easterly boundary line of Dreier-Offerman Park; as shown on a diagram (for illustrative purposes only) dated June 1, 1999, and subject to the conditions of CEQR Declaration E-95. 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 27, 1999, on file in this office. ............................................ City Clerk, Clerk of Council T1999-60