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For any development or enlargement on a zoning lot that has at least 50,000 square feet of lot area located on Block 86/72 or Block 403 in Area C as shown on Map 1 (Designated Districts within the Queens Plaza Subdistrict) in Appendix C of this Chapter, the City Planning Commission may increase the floor area ratio up to a maximum of 8.0 and may modify the street wall regulations of paragraphs (a) and (b) of Section 117-531 (Street wall location) and paragraph (a) of Section 117-532 (Setback regulations for buildings that exceed the maximum base height), provided that:
  1. a public open area of not less than 20,000 square feet and a public parking garage containing no fewer than 250 spaces shall be included on the zoning lot, and further provided the Commission finds that:
    1. the public open area is designed so that it provides recreational opportunities for the community;
    2. the portion of the development or enlargement adjacent to the public open area shall be either a retail use, other use or treatment that complements the open area;
    3. such modification of the street wall requirements is necessary to accommodate the public open area or the public parking garage and will result in a better site plan;
    4. the public parking garage is located and designed in such a way so that it shall not adversely affect the quality of the design, access to, or use of the public open area; and
    5. where the Commission permits parking on the roof of such public parking garage, such roof parking shall be so located as not to impair the essential character or future use or development of adjacent areas.

      Design elements of the open area including lighting, paving, seating, signs and planting areas shall be specified in the application. The provisions of Section 37-751 (Public space signage systems) and 37-77 (Maintenance) shall apply.
  2. The public parking garage shall be subject to the following conditions:
  1. the floor space on one or more stories of the public parking garage, up to a height of 23 feet above curb level shall be exempt from the definition of floor area as set forth in Section 12-10 (DEFINITIONS);
  2. the entrances and exits shall be located so that they will not be hazardous to traffic safety nor likely to unduly inhibit pedestrian movement; and
  3. at the vehicular entrances, a minimum of 12 reservoir spaces shall be provided and the total number of reservoir spaces shall be equivalent to five percent of any spaces in excess of 250, up to a maximum of 50 reservoir spaces.
The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area, including requirements for sanitation and security, which may include conditions for lighting and landscaping or limitations on the manner and/or hours of operation.
Any building on Block 86/72 for which an application for a special permit for bulk modifications has been filed with the Department of City Planning, pursuant to this Section, prior to May 22, 2013, may be started or continued pursuant to the regulations in effect at the time of such application and, if such application is granted by the City Planning Commission and the City Council, may be developed or enlarged pursuant to the terms of such permit, including minor modifications thereto and, to the extent not modified under the terms of such permit, in accordance with the regulations in effect at the time of such application.

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