(a) Developments or enlargements
In the Special Hudson Square District, prior to the residential development goal set forth in paragraph (e) of Section 88-13 (Commercial Use) having been achieved, the City Planning Commission may permit developments or enlargements of transient hotels with greater than 100 sleeping units on zoning lots where residential use is permitted as-of-right, in accordance with paragraph (a) of Section 88-11, provided the Commission finds that:
(1) sufficient development sites are available in the area to meet the residential development goal; or
(2) a harmonious mix of residential and non-residential uses has been established in the surrounding area, and such transient hotel resulting from a development or enlargement is consistent with the character of such surrounding area.
(b) Changes of use
In the Special Hudson Square District, the City Planning Commission may permit the change of use of floor area within qualifying buildings to a Use Group 5 transient hotel with greater than 100 sleeping units provided that, at minimum, the amount of floor area changed to such transient hotel is:
(1) preserved for Use Group 6B office use within a qualifying building located within the Special Hudson Square District; or
(2) created for Use Group 6B office use within a building developed after March 20, 2013, or within the enlarged portion of a building, where such enlargement was constructed within one year of the date an application pursuant to this Section is filed with the Department of City Planning (DCP). Such developed or enlarged buildings may be located anywhere within the Special Hudson Square District, and shall have either temporary or final certificates of occupancy for Use Group 6B office use.
In order to permit such change of use, the Commission shall find that the proposed transient hotel is so located as not to impair the essential character, or the future use or development, of the surrounding area.
A restrictive declaration acceptable to the DCP shall be executed and recorded, binding the owners, successors and assigns to preserve an amount of Use Group 6B office use within a qualifying building, or created within a development or enlargement, as applicable. Such restrictive declaration shall be recorded in the Office of the City Register. A copy of such declaration shall be provided to the Department of Buildings upon application for any building permit related to a change in use from Use Group 6B office use to any other use.
The Commission may prescribe additional conditions and safeguards to minimize adverse effects on the character of the surrounding area.