In C6-9 Districts within the Special Downtown Brooklyn District, for developments, enlargements or conversions that include one or more schools on a tract of land owned by the New York City Educational Construction Fund, the City Planning Commission may permit the modifications set forth in paragraph (a) of this Section. For the purposes of this Section, a tract of land owned by the New York City Educational Construction Fund may also include a tract of land under single fee ownership or alternate ownership arrangements according to the zoning lot definition in Section 12-10, when such tract of land includes a parcel which was the site of a public school.
The Commission may modify:
- applicable ground floor use regulations;
- in a Mandatory Inclusionary Housing area, the affordable housing requirements of paragraph (d) of Section 23-154 (Inclusionary Housing);
- other bulk regulations, except that the maximum permitted floor area ratio may not be increased; and
- accessory off-street parking and loading berth requirements.
To grant a special permit pursuant to this Section, the Commission shall find that:
(1) such modifications will facilitate the construction of one or more schools on the zoning lot;
(2) such ground floor use modifications will improve the layout and design of the school or schools, shall not have an adverse effect on the uses located within any portion of the zoning lot and will not impair the essential character of the surrounding area;
(3) such modifications to the affordable housing requirements in a Mandatory Inclusionary Housing area will facilitate significant public infrastructure or public facilities, including one or more schools, addressing needs that are not created by the proposed development, enlargement or conversion;
(4) such bulk modifications will result in a better site plan for the school or schools and will have minimal adverse effects on the surrounding area;
(5) such parking and loading modifications will improve the layout and design of the school and will not create serious traffic congestion or unduly inhibit vehicular or pedestrian movement and will not impair or adversely affect the development of the surrounding area.
The Commission may prescribe additional conditions and safeguards to minimize adverse effects on the character of the surrounding area.