THE COUNCIL OF THE CITY OF NEW YORK
RESOLUTION NO. 1827
Resolution approving with modifications the decision of the City Planning Commission on Application No. N 210193 ZRQ, for an amendment of the text of the Zoning Resolution (L.U. No. 883).
By Council Members Salamanca and Moya
WHEREAS, 18517 Hillside LLC, 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 Article XI, Chapter 5 (Special Downtown Jamaica District) and related Sections, and modifying APPENDIX F for the purpose of establishing a Mandatory Inclusionary Housing area, which in conjunction with the related action would facilitate the development of a nine-story mixed-use building with residential and commercial uses located at 185-17 Hillside Avenue in the Jamaica Estates neighborhood of Queens, Community District 8 (Application No. N 210193 ZRQ) (the “Application”);
WHEREAS, the City Planning Commission filed with the Council on October 8, 2021, its decision dated October 6, 2021 (the “Decision”), on the Application;
WHEREAS, the Application is related to application C 210192 ZMQ (L.U. No. 882), a zoning map amendment to change R3X and R6A/C2-4/ DJ zoning districts to an R7A/C2-4/DJ zoning district;
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 October 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 May 3, 2021 (CEQR No. 20DCP075Q) which includes an (E) designation to avoid the potential for significant adverse impacts related to hazardous materials, air quality, and noise (the “E” Designation (E-591));
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-591).
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 210193 ZRQ, incorporated by reference herein, and the record before the Council, the Council approves the Decision of the City Planning Commission with the following modifications:
Matter underlined is new, to be added;
Matter struck out is to be deleted;
Matter within # # is defined in Section 12-10;
* * * indicates where unchanged text appears in the Zoning Resolution
Matter double struck out is old, deleted by the City Council;
Matter double-underlined is new, added by the City Council
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ARTICLE XI
SPECIAL PURPOSE DISTRICTS
CHAPTER 5
SPECIAL DOWNTOWN JAMAICA DISTRICT
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115-20
SPECIAL BULK REGULATIONS
115-21
Floor Area Ratio, Open Space and Lot Coverage <https://zr.planning.nyc.gov/article-xi/chapter-5/115-21>
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(b) Maximum #floor area ratio# for #zoning lots# containing #residential uses#
The maximum #floor area ratio# for any #zoning lot# containing a #residential use# shall not exceed the #floor area ratio# set forth in Section 115-211 (Special regulations for Inclusionary Housing designated areas regulations) or Section 115-212 (Special regulations for Mandatory Inclusionary Housing Area), as applicable, for the applicable district.
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115-211
Special Inclusionary Housing regulations for Inclusionary Housing designated areas
(a) Applicability
Locations in R7A, R7X, C4-4A, C4-5X, C6-2, C6-3 and C6-4 Districts designated on APPENDIX F of this Resolution within the #Special Downtown Jamaica District# shall be #Inclusionary Housing designated areas#, pursuant to Section 12-10 (DEFINITIONS), for the purpose of making the Inclusionary Housing Program regulations of Section 23-90 (INCLUSIONARY HOUSING), inclusive, applicable as modified, within the Special District.
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115-212
Special regulations for Mandatory Inclusionary Housing areas
(a) Applicability
For the purposes of applying the Inclusionary Housing Program provisions set forth in Sections 23-154 and 23-90, inclusive, #Mandatory Inclusionary Housing areas# within the #Special Downtown Jamaica District# are shown on the maps in APPENDIX F of this Resolution.
(b) Height and setback
The height and setback regulations of Sections 23-952 (Height and setback for Mandatory Inclusionary Housing areas) and 23-664 (Modified height and setback regulations for certain Inclusionary Housing buildings or affordable independent residences for seniors) shall be modified by the special height and setback regulations of Section 115-23, inclusive.
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115-50
SPECIAL OFF-STREET PARKING AND OFF-STREET LOADING REGULATIONS
115-51
Parking and Loading Regulations
Within the #Special Downtown Jamaica District#, the underlying off-street parking and loading regulations shall be modified, as follows:
(a) #Commercial# and #manufacturing uses
#In C4, C6 and M1 Districts, the off-street parking and loading regulations of a C4-4 District shall apply, except as modified in this Section.
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(4) Modification of Waiver of Parking Requirements
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(iii) The provisions of Sections 36-342 (Reduced requirements in other C1 or C2 Districts or in C4, C5 or C6 Districts) and 36-344 (Waiver of requirements in other C1 or C2 Districts or in C4, C5 or C6 Districts) shall not apply in the #Special Downtown Jamaica District#.
(b) #Residential uses#
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(2) The required #accessory# off-street parking space regulations of the underlying districts in the #Special Downtown Jamaica District# shall be modified as follows: The regulations set forth for an R6A District in Section 25-20 shall apply. The regulations set forth for an R6 District in Sections 25-50 (RESTRICTIONS ON LOCATION OF ACCESSORY OFF-STREET PARKING SPACES), inclusive, and 25-60 (ADDITIONAL REGULATIONS FOR PERMITTED OR REQUIRED ACCESSORY OFF-STREET PARKING SPACES), inclusive, shall apply except as modified in paragraphs (b)(3) and (b)(4) of this Section.
(3) In all #Residence Districts#, the provisions of Section 25-26 (Waiver of Requirements for Small Number of Spaces) are modified, as follows:
(i) The provisions of Section 25-26 shall only apply to #zoning lots# existing both on September 10, 2007, and on the date of application for a building permit.
(ii) For all #developments# or #enlargements# containing #residences#, the maximum number of #accessory# off-street parking spaces for which requirements are waived shall be five spaces.
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(c) #MIH sites#
For #residential uses# on #MIH sites#, the provisions of paragraphs (a)(4), (b)(2) and (b)(3) of this Section shall not apply. In lieu thereof, the underlying off-street parking provisions shall apply.
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Article XI - Special Purpose Districts
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Chapter 5
Special Downtown Jamaica District
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APPENDIX A
Special Downtown Jamaica District Maps
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Map 1- - Special Downtown Jamaica District
[EXISTING]
[PROPOSED]
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APPENDIX F
Inclusionary Housing Designated Areas and Mandatory Inclusionary Housing Areas
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Queens
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Queens Community District 8
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Map 2- [date of adoption]
Portion of Community District 8, Queens
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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 _________, 2021, on file in this office.
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City Clerk, Clerk of The Council