THE COUNCIL OF THE CITY OF NEW YORK
RESOLUTION NO. 636

Title
Resolution approving the decision of the City Planning Commission on ULURP No. C 030492 ZSK (L.U. No. 257), grant of a special permit pursuant to Section 74-711 of the Zoning Resolution to modify the use regulations of Section 42-00 (Use Regulations) to allow residential uses (Use Group 2 uses) in an existing building located at 85 Water Street.
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By Council Members Katz and Avella


WHEREAS, the City Planning Commission filed with the Council on August 27, 2004 its decision dated August 25, 2004 (the "Decision") on the application submitted by the Two Trees Management Co., pursuant to Sections 197-c and 201 of the New York City Charter, for the grant of a special permit pursuant to Section 74-711 of the Zoning Resolution to modify the use regulations of Section 42-00 (Use Regulations) to allow residential use (Use Group 2 uses) on the 2nd floor, 3rd floor and 4th floor of an existing 4-story building on a zoning lot located at 85 Water Street (Block 26/Lots 33 and 38), in an M3-1 District, within a General Large Scale Development (Block 36/Lots 1, 3, 14, 16, and 116; Block 26/Lots 33 and 38), within M1-2/R8, M1-2/R8A and M3-1 Districts, partially within a Special Mixed Use District MX-2), partially within the Fulton Ferry Historic District, Community District 2, Borough of Brooklyn (ULURP No. C 030492 ZSK) (the "Application");

WHEREAS, the Application is related to ULURP Applications Numbers C 010645 ZMK (L.U. No. 254), an amendment to the Zoning Map; C 010646 ZSK (L.U. No. 255), special permit pursuant to Section 74-743(a)(2) for bulk modification; and C 010647 ZSK (L.U. No. 256), special permit pursuant to Section 74-712 for an attended public parking garage;

WHEREAS, the City Planning Commission has made the findings required pursuant to Section 74-711 of the Zoning Resolution;

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 October 5, 2004 on the Decision and Application;


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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 13, 2004 (CEQR No. 01DCP004K); and

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

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;

From among the reasonable alternatives thereto, the actions to be approved are ones which minimize or avoid adverse environmental impacts to the maximum extent practicable; and

The adverse environmental impacts revealed in the FEIS will be minimized or avoided to the maximum extent practicable by incorporating as conditions to the approval those mitigative measures that were identified as practicable;

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 the decision, pursuant to 6 N.Y.C.R.R. §617.11(d).

The Council finds that the action described herein will have no significant effect on the environment; and

Pursuant to Sections 197-d and 200 of the New York City Charter and on the basis of the Decision and Application, the Council approves the Decision.


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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 13, 2004, on file in this office.




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City Clerk, Clerk of The Council