Res 1637-2021

By Council Members Salamanca and Moya WHEREAS, Red Apple Real Estate, filed an application pursuant to Section 201 of the New York City Charter, for an amendment of the text of the Zoning Resolution of the City of New York, modifying provisions of Article X, Chapter 1, Section 11 (Special Downtown Brooklyn District), Borough of Brooklyn, Community District 2 (ULURP No. N 210061 ZRK) (the "Application"); WHEREAS the City Planning Commission filed with the Council on April 16, 2021, its decision dated April 7, 2021 (the "Decision") on the Application; WHEREAS, the Decision is subject to review and action by the Council pursuant to Section 197-d of the City Charter; WHEREAS, upon due notice, the Council held a public hearing on the Decision and Application on April 20, 2021; 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, including the negative declaration issued December 14th, 2020 (CEQR No. 18DCP155K), which includes an (E) designation to avoid the potential for significant adverse impacts related to noise (E-595) (the "Negative Declaration"). 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-595) and 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, N 210061 ZRK, incorporated by reference herein, and the record before the Council, the Council approves the Decision of the City Planning Commission. Matter underlined is new, to be added; Matter struck out to be deleted; Matter within # # is defined in Section 12-10; * * * indicates where unchanged text appears in the Zoning Resolution. ARTICLE X SPECIAL PURPOSE DISTRICTS Chapter 1 Special Downtown Brooklyn District * * * 101-10 SPECIAL USE REGULATIONS 101-11 Special Ground Floor Use Regulations Map 2 (Ground Floor Retail Frontage), in Appendix E of this Chapter, specifies locations where the special ground floor #use# regulations of this Section apply. #Uses# within #stories# that have a floor level within five feet of #curb level#, and within 50 feet of the #street line#, shall be limited to #commercial uses# listed in Use Groups 5, 6A, 6C, 6D, 7A, 7B, 8A, 8B, 8D, 9, 10, 11, 12A, 12B and 12C, where such #uses# are permitted by the underlying district. Libraries, museums and non-commercial art galleries shall be permitted. In addition, all non-residential #uses# permitted by the underlying district shall be permitted for buildings fronting on Myrtle Avenue between Ashland Place and Fleet Place the continuation of Prince Street. However, this minimum depth requirement may be reduced, to the minimum extent necessary, to accommodate a vertical circulation core, or structural columns associated with upper #stories# of the #building#. A #building's street# frontage shall be allocated exclusively to such #uses#, except for Type 2 lobby space, entryways or entrances to subway stations provided in accordance with the provisions of Section 37-33 (Maximum Width of Certain Uses). However, loading berths serving any permitted #use# in the #building# may occupy up to 40 feet of such #street# frontage provided such #street# frontage is not subject to curb cut restrictions as shown on Map 5 (Curb Cut Restrictions) in Appendix E of this Chapter. * * * Appendix E Special Downtown Brooklyn District Maps * * * Map 2 - Ground Floor Retail Frontage [EXISTING MAP] [PROPOSED MAP] * * * 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 12, 2021, on file in this office. ..................................................... City Clerk, Clerk of The Council Page 6 of 6 N 210061 ZRK Res. No. 1637 (Pre. L.U. No. 772)