THE COUNCIL OF THE CITY OF NEW YORK RESOLUTION NO. 38 Title Resolution approving the decision of the City Planning Commission on ULURP No. C 010185 ZMQ, a Zoning Map change (L.U. No. 76). Body By Council Members Katz and Avella WHEREAS, the City Planning Commission filed with the Council on December 18, 2001 its decision dated December 17, 2001 (the "Decision"), on the application submitted by the Pistilli Realty Group, pursuant to Sections 197-c and 201 of the New York City Charter, for an amendment to the Zoning Map (ULURP No. C 010185 ZMQ) (the "Application"); 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 January 25, 2002; 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 June 25, 2001 stating the following: The NYC Department of Environmental Protection (DEP) has identified the need for a remediation plan and Health and Safety Plan, binding on the current and future property owners, to mitigate potential hazardous materials impacts. The applicant agrees to implement a remediation plan under the supervision of DEP in accordance with the terms of the restrictive declaration acceptable to DEP. The applicant agrees to record and execute the declaration prior to any actions by the City Planning Commission in connection with this application (CEQR No. 01DCP025Q); _________ Page 2 of 2 C 010185 ZMQ Reso. No. 38 (L.U. No. 76) 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. 9a, 1) changing from an R5 District to an R7A District property bounded by 23rd Terrace, 21st Street, 24th Avenue and 19th Street; and 2) establishing within the proposed R7A District a C1-2 District bounded by 23rd Terrace, 21st Street, 24th Avenue, and a line 150 feet southwesterly of 21st Street; as shown on a diagram (for illustrative purposes only) dated June 25, 2001, and modified on December 17, 2001, Community District 1, Borough of Queens. 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 January 30, 2002, on file in this office. .................................................. City Clerk, Clerk of the Council