THE COUNCIL OF THE CITY OF NEW YORK

RESOLUTION NO. 1972

Resolution approving the decision of the City Planning Commission on ULURP No. C 090179 ZMK, a Zoning Map amendment (L.U. No. 1064).

By Council Members Katz and Avella

WHEREAS, the City Planning Commission filed with the Council on April 3, 2009 its decision dated April 1, 2009 (the "Decision"), on the application submitted by Brighton Development LLC, pursuant to Sections 197-c and 201 of the New York City Charter, for an amendment to the Zoning Map (ULURP No. C 090179 ZMK) (the "Application");

WHEREAS, the Application is related to Application Number M 910478 (E) ZMK (L.U. No. 1065), a modification of a Restrictive Declaration D-131;

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 April 30, 2009;

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 (CEQR No. M89-299K) as follows:

A Notice of Minor Modification was issued on November 14, 2008, which concluded that the action represents a minor modification and does not alter the conclusions of the earlier review.  Therefore, the Notice of Completion of the FEIS issued on July 10, 1992 and the subsequent technical memorandums in 1998, 2002, or 2005 remain valid.

RESOLVED:

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 No. 28d,  establishing within an existing R7-1 District a C2-4 District bounded by a line 100 feet southerly of Brighton Beach Avenue, a line 200 feet easterly of Coney Island Avenue, a line perpendicular to the easterly street line of Coney Island Avenue distant 340 feet southerly (as measured along the street line) from the point of intersection of the easterly street line of Coney Island Avenue and the southerly street line of Brighton Beach Avenue, and Coney Island Avenue, as shown on a diagram (for illustrative purposes only) dated November 17, 2008, Community District 13, Borough of Brooklyn.

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 May 6, 2009, on file in this office.

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                                                                                                                                                                                                       City Clerk, Clerk of The Council