CITY PLANNING COMMISSION June 2, 1999/Calendar No. 9 in the MATTER of an Application Submitted by Lindenwood Development Corp. P
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CITY PLANNING COMMISSION June 2, 1999/Calendar No. 9 C 910331 MMQ IN THE MATTER OF an application submitted by Lindenwood Development Corp. pursuant to Sections 197-c and 199 of the New York City Charter and Section 5-430 et seq. of the New York City Administrative Code for an amendment to the City Map involving the elimination, discontinuing and closing of 79th Street from South Conduit Avenue to Linden Boulevard; the elimination, discontinuing and closing of Dumont Avenue from South Conduit Avenue to 78th Street (formerly Sapphire Street); the adjustment of grades necessitated thereby; and the delineation of sewer easements; and any acquisition or disposition'of real property related thereto in Community District 10, Borough of Queens, all in accordance with Map No. 4908 dated May 12, 1995 and signed by the Borough President of Queens. The application for an amendment to the City Map involving: the elimination, discontinuing and closing of 79th Street from South Conduit Avenue to Linden Boulevard; the elimination, discontinuing and closing of Dumont Avenue from South Conduit Avenue to 78th Street (formerly Sapphire Street); the adjustment of grades necessitated thereby; and the delineation of sewer easements; and any acquisition or disposition of real property related thereto was submitted by Lindenwood Development Corp. on March 6, 1991 in connection with the development of a shopping center in Community District 10, Queens. RELATED ACTIONS In addition to the amendment of the City map, which is the subject of this report, implementation of the proposed development also requires action by the City Planning Commission on the following application which is being considered concurrently with this application: C910332ZMQ A change in the zoning of an area on zoning maps 18a and 18b from R4 to C4-2. BACKGROUND The applicant is proposing that the City eliminate, discontinue and close a portion of 79th Street from South Conduit Avenue to Linden Boulevard and reserve a 60-foot-wide easement in its place. This portion of 79th Street is in City-ownership and is not improved. The applicant also proposes that the City eliminate a portion of Dumont Avenue from 78th Street (also known as Sapphire Street) to South Conduit Avenue. This portion of Dumont Avenue is owned by the applicant and is also not improved. The applicant will grant to the City an easement the eliminated bed of Dumont Avenue from South Conduit Avenue to the easement in the eliminated bed of 79th Street. The elimination of these streets will create a superblock, upon which the applicant proposes to develop a shopping mall and parking lot. ENVIRONMENTAL REVIEW This application (C 910331 MMQ), in conjunction with the related action, was reviewed pursuant to the New York State Environmental Quality Review Act (SEQRA), and the SEQRA regulations set forth in Volume 6 of the New York Code of Rules and Regulations, Section 617.00 et seq. and the City Environmental Quality Review (CEQR) Rules of Procedure of 1991 and Executive Order No. 91 of 1977. Page 2 C 910331 MMQ The co-lead agencies are the Department of City Planning and the Department of Environmental Protection. The designated CEQR number is 91-152Q. A Draft Environmental Impact Statement was prepared. A summary of the environmental review and the Final Environmental Impact Statement (FEIS) appears in the report on the related application for the change in the zoning map (C910332ZMQ). UNIFORM LAND USE REVIEW The application (C 910331 MMQ), in conjunction with the application for the related action (C 910332 ZMQ) was certified as complete by the Department of City Planning on February 8, 1999, and was duly referred to Community Board 10 and the Borough President, in accordance with Article 3 of the Uniform Land Use Review Procedure (ULURP) rules. Community Board Public Hearing Community Board 10 held a public hearing on this application in conjunction with the related application (C910332ZMQ) on March 4, 1999 and on that date, by a vote of 27 in favor, with 2 opposed and 2 abstentions, adopted a resolution recommending approval of the application. A summary of the Community Board's comments appears in the report on the related application for the zoning change (910332ZMQ)., Page 3 C 910331 MMQ Borough President Recommendation The Borough President of Queens held a hearing on this application in conjunction with the related application (C 910332 ZMQ) on March 25, 1999 and issued a recommendation on April 9, 1999 approving the application, subject to conditions that are summarized in the report on the related zoning change (C910332ZMQ). City Planning Commission Public Hearing On April 21, 1999 (Calendar No. 2) the City Planning Commission scheduled May 5, 1999 for a public hearing on this application. The hearing was duly held on May 5, 1999 (Calendar No. 9). There was one speaker representing the applicant and the hearing was closed. CONSIDERATION The City Planning Commission believes the amendment to the City map is appropriate. The two streets proposed to be eliminated, discontinued and closed are unimproved and unnecessary to the traffic system in the area. Adequate traffic circulation is provided by Conduit Boulevard to the northeast and Linden Boulevard to the south. No abutting property owners require the streets to remain in existence in order to provide access to their properties. Elimination of the streets and their disposition to the abutting owner will enable the consolidation of a site for the development of a shopping center that will provide both needed shopping and a source of employment Page 4 C 910331 MMQ in the area. Therefore, the City Planning Commission, deeming the proposed amendment to the City Map and any related acquisition or disposition of real property to be appropriate, adopts the following resolution. RESOLUTION RESOLVED, that having considered the Final Environmental Impact Statement (FEIS), for which a Notice of Completion was issued on May 19, 1999, with respect to this application (CEQR No. 91-152Q), the City Planning Commission finds that the requirements of Part 617, State Environmental Quality Review, have been met and that, consistent with social, economic and other essential considerations: 1 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 2. The adverse environmental impacts revealed in the environmental impact statement will be minimized or avoided to the maximum extent by incorporating as conditions to this approval those mitigative measures that were identified as practicable. The report of the City Planning Commission, together with the FEIS, consitutes the written statement of facts, and of social, economic and other factors and standards, that form the basis of Page 5 C 910331 MMQ the decision, pursuant to Section 617.9(c) (3) of the SEQRA regulations; and be it further RESOLVED, by the City Planning Commission, pursuant to Sections 197-c and 199 of the New York City Charter, that based on the environmental determinations and the consideration described in this report, the application (C 910331 MMQ) of Lindenwood Development Corp. for an amendment to the City Map involving the elimination, discontinuing and closing of 79th Street from South Conduit Avenue to Linden Boulevard; the elimination, discontinuing and closing of Dumont Avenue from South Conduit Avenue to 78th Street (formerly Sapphire Street); the adjustment of grades necessitated thereby; and the delineation of sewer easements; and any acquisition or disposition of real property related thereto in Community District 10, Borough of Queens, all in accordance with Map No. 4908 dated May 12, 1995 and signed by the Borough President, is approved, and be it further RESOLVED, that pursuant to section 5-432 of the New York City Administrative Code, the City Planning Commission determines that such closing and discontinuance will further the health, safety, pedestrian or vehicular circulation, housing, economic development or general welfare of the city; and be it further RESOLVED, that pursuant to section 5-433 of the New York City Page 6 C 910331 MMQ Administrative Code, the City Planning Commission adopts three (3) counterparts of Map No. 4908 dated May 12, 1995 providing for the discontinuance and closing of: 79th Street from Linden Boulevard to South Conduit Avenue; and Dumont Avenue from 78th Street (formerly Sapphire Street) to South Conduit Avenue, more particularly described as follows: BEGINNING at a point on the northerly line of Linden Boulevard, said point being distant 180 feet westerly along the northerly line of Linden Boulevard from its intersection with the westerly line of South Conduit Avenue, as said streets are shown on Alteration Map No. 4908, dated May 12, 1995; Running thence northerly along the former easterly line of 79th Street, discontinued and closed, perpendicular to the northerly line of Linden Boulevard, for 395.47 feet to the former southerly line of Dumont Avenue, discontinued and closed; Thence easterly along the former southerly line of Dumont Avenue, discontinued and closed, forming an interior angle of 270 degrees with the last mentioned course, for 180.00 feet to the westerly line of South Conduit Avenue; Thence northerly along the westerly line of South Conduit Avenue, forming an interior angle of 80 degrees, 47 minutes, 36.6 seconds with the last mentioned course, for 81.04 feet to the former northerly line of Dumont Avenue, discontinued and closed;