81-634 Permitted Modifications in Conjunction With Additional Floor Area
In conjunction with the grant of a special permit pursuant to Section 81-633 (Special permit for Grand Central public realm improvements), the City Planning Commission may permit modifications to street walls, 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 street wall regulations of Sections 81-43 (Street Wall Continuity Along Designated Streets) or 81-671 (Special street wall requirements), inclusive;
(2) 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); or
(3) 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.
(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:
(1) drawings, including but not limited to, plan views and axonometric views, that illustrate how the proposed building will not comply with the street wall regulations of Section 81-43 or as such provisions are modified pursuant to Section 81-671, as applicable, and that illustrate how the proposed building will not comply with the height and setback regulations of Sections 81-26, 81-27 or as such provisions are modified pursuant to Section 81-66, as applicable;
(2) where applicable, formulas showing the degree to which such proposed building will not comply with the length and height rules of Section 81-26 or as such provisions are modified pursuant to Section 81-66; and
(3) where applicable, daylight evaluation charts and the resulting daylight evaluation score showing the degree to which such proposed building will not comply with the provisions of Section 81-27 or as such provisions are modified pursuant to Section 81-66.
The Commission shall find that such proposed modifications:
(1) to the mandatory district plan elements will result in a better site plan for the proposed development or enlargement that is harmonious with the mandatory district plan element strategy of the Special Midtown District, as set forth in Section 81-41 (General Provisions); and
(2) to the street wall or height and setback regulations will result in an improved distribution of bulk on the zoning lot that is harmonious with the height and setback goals of the Special Midtown District set forth in Section 81-251 (Purpose of height and setback regulations).
The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.