§ 81-685 Special permit to modify qualifying site provisions
ZR § 81-685
In conjunction with any application that would allow additional floor area permitted beyond the basic maximum floor area for a qualifying site set forth in Section 81-64 (Special Floor Area Provisions for Qualifying Sites), the City Planning Commission may permit modifications to certain qualifying site criteria, as well as height and setback regulations and mandatory plan elements, as set forth in paragraph (a) of this Section, provided that the Commission determines that the application requirements set forth in paragraph (b) and the findings set forth in paragraph (c) of this Section are met.
(a)The Commission may modify the following, whether singly or in any combination:
(1)the following qualifying site criteria:
(i)the requirement for minimum wide street frontage, including the requirement that no existing buildings will remain on such wide street frontage, set forth in paragraphs (b) and (c) of the definition of a qualifying site in Section 81-613 (Definitions);
(ii)the building performance and publicly accessible space requirements in paragraph (f) of the definition of a qualifying site and Section 81-681 (Mandatory requirements for qualifying sites);
(iii)the requirement that the additional floor area permitted through the provisions of Section 81-64 be achieved exclusively through a development;
(iv)the requirement that a qualifying site be comprised of a single zoning lot, provided that the two or more zoning lots constituting such qualifying site are contiguous and include the zoning lot occupied by Grand Central Terminal. All bulk regulations of this Chapter shall apply to such modified qualifying site without regard to zoning lot lines; or
(v)the requirement that a development or enlargement exceed the basic maximum floor area ratio set forth in Row A of the table in Section 81-64 as a pre-condition to an increase in floor area pursuant to such table, where a qualifying site includes the zoning lot occupied by Grand Central Terminal;
(2)the provisions for zoning lots divided by district boundaries set forth in Sections 77-02 (Zoning Lots Not Existing Prior to Effective Date or Amendment of Resolution), 77-21 (General Provisions) or 77-22 (Floor Area Ratio), and the provisions of Section 81-612 (Applicability along district boundaries) requiring that zoning lots divided by Subarea boundaries utilize the provisions of Article VII, Chapter 7;
(3)for qualifying sites modified pursuant to paragraph (a)(1)(iv) and paragraph (a)(1)(v) of this Section:
(4)the street wall regulations of Sections 81-43 (Street Wall Continuity Along Designated Streets) or 81-671 (Special street wall requirements), inclusive;
(5)the height and setback regulations of Sections 81-26 (Height and Setback Regulations – Daylight Compensation), inclusive, 81-27 (Alternate Height and Setback Regulations –Daylight Evaluation), inclusive, or 81-66 (Special Height and Setback Requirements);
(6)the mandatory district plan elements of Sections 81-42 (Retail Continuity Along Designated Streets), 81-44 (Curb Cut Restrictions), 81-45 (Pedestrian Circulation Space), 81-46 (Off-street Relocation or Renovation of a Subway Stair), 81-47 (Major Building Entrances), 81-48 (Off-street Improvement of Access to Rail Mass Transit Facility), 81-674 (Ground floor use provisions), 81-675 (Curb cut restrictions and loading berth requirements), 81-676 (Pedestrian circulation space requirements) or 37-50 (REQUIREMENTS FOR PEDESTRIAN CIRCULATION SPACE), inclusive, except that no modifications to the required amount of pedestrian circulation space set forth in Section 37-51 shall be permitted; or
(7)for qualifying sites modified pursuant to paragraph (a)(1)(iv) or paragraph (a)(1)(v) of this Section, the time period for substantial construction to be completed prior to the lapse of any special permit granted for such qualifying site, as set forth in Section 11-42 (Lapse of Authorization or Special Permit Granted by the City Planning Commission Pursuant to the 1961 Zoning Resolution), provided that such time period does not exceed 10 years.
(b)Application requirements Applications for a special permit for modifications pursuant to this Section shall contain materials, of sufficient scope and detail, to enable the Commission to determine the extent of the proposed modifications. In addition, where modifications to street wall or height and setback regulations are proposed, any application shall contain the following materials, at a minimum:
(c)Findings The Commission shall find that such proposed modifications:
(8)to the street wall or height and setback regulations:
(9)to the time period for substantial construction to be completed prior to the lapse of any special permit granted for such qualifying site are necessary due to the complexity of demolition and construction on the site.
The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.
