81-066 Special Permit Modifications of Section 81-254, Section 81-40 and Certain Sections of Article VII, Chapter 7

(a)        The City Planning Commission, by special permit, for zoning lots where the lot area is at least 60,000 square feet or that occupy an entire block, may permit modification of the mandatory district plan elements of Section 81-40 or the provisions of Article VII, Chapter 7, that determine the distribution of permitted floor area on such zoning lots and, in conjunction with such modifications, may also modify the applicable yard and court requirements. However, no exception to the street wall or retail continuity requirements shall be permitted on Fifth Avenue or within 50 feet of Fifth Avenue within the Special Midtown District.

The modifications shall be subject to the following findings:

(1)        that the modifications of mandatory plan elements, floor area allocation or rear yard and court regulations, result in a better arrangement of required facilities or in better site planning on a uniquely large zoning lot;

(2)        that a substantial majority of the zoning lot is either vacant at the time of certification for review, pursuant to Section 197-c of the New York City Charter, or contains buildings that will be integrally related to developments, both physically and programmatically;

(3)        that the design, scale and location of the new buildings or enlarged buildings are compatible with the character of the surrounding area and existing buildings to remain on the zoning lot;

(4)        that such modifications will not unduly obstruct the access of light and air to surrounding properties;

(5)        that any adverse impact on retail continuity is minimized by a site plan that requires pedestrian-oriented uses along the boundaries of any open or enclosed public areas on the zoning lot;

(6)        that such modifications of mandatory plan elements or floor area allocation are consistent with the basic strategy of the Special Midtown District and the purposes of the Mandatory District Plan Elements.

(b)        For developments or enlargements on a zoning lot with a lot area of at least 60,000 square feet located wholly or partially in the Penn Center Subdistrict, which have been granted a floor area bonus for subway station and/or rail mass transit facility improvements pursuant to Section 81-541 in accordance with Section 74-634 (Subway station improvements in Downtown Brooklyn and in Commercial Districts of 10 FAR and above in Manhattan), the Commission may permit modifications of the mandatory district plan elements of Section 81-40, the height and setback regulations of 81-26 and 81-27, or the provisions of Article VII, Chapter 7 (Special Provisions for Zoning Lots Divided by District Boundaries), that determine the distribution of permitted floor area on such zoning lots and, in conjunction with such modifications, may also modify the applicable yard and court requirements subject to the following findings:

(1)        the modifications of mandatory plan elements, floor area allocation or rear yard and court regulations result in a better arrangement of required facilities or in better site planning on a uniquely large zoning lot;

(2)        the design, scale and location of the new buildings or enlarged buildings are compatible with the character of the surrounding area and existing buildings to remain on the zoning lot;

(3)        such modifications will not unduly obstruct the access of light and air to surrounding properties;

(4)        any adverse impact on retail continuity is minimized by a site plan that requires pedestrian-oriented uses along the boundaries of any open or enclosed public areas within the zoning lot;

(5)        such modifications of mandatory plan elements or floor area allocation are consistent with the basic strategy of the Special Midtown District and the purposes of the Mandatory District Plan Elements;

(6)        the improvements to the below-grade pedestrian circulation network provided by the development or enlargement significantly increase public accessibility to and from subway stations and/or rail mass transit facilities in and around Pennsylvania Station; and

(7)        the modifications of height and setback regulations:

(i)        are necessary due to the constraints or conditions of the development or enlargement and conditions imposed by the configuration of the site; and

(ii)        will provide an appropriate distribution of bulk on the zoning lot with due consideration of the basic strategy of the Special Midtown District and the purpose of the District's height and setback regulations. In considering whether such distribution of bulk is appropriate, the Commission shall consider a complete daylight evaluation for the proposed design.

The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.