103-11 Special Permits for Bulk and Parking Modifications

(a)        For any development or enlargement, either of which may include demolition, within a Special Planned Community Preservation District, the City Planning Commission, by special permit, may allow:

(1)        the unused total floor area, dwelling units or rooming units permitted by the applicable district regulations for all zoning lots within the development to be distributed without regard for zoning lot lines;

(2)        the total open space or lot coverage required by the applicable district regulations for any zoning lots within the development to be distributed without regard for zoning lot lines;

(3)        minor variations in the yard regulations required by the applicable district regulations;

(4)        minor variations in the height and setback regulations required by the applicable district regulations;

(5)        modifications of the minimum spacing requirements consistent with the intent of the provisions of Section 23-71 (Minimum Distance Between Buildings on a Single Lot); or

(6)        permitted or required accessory off-street parking spaces, driveways or curb cuts to be located anywhere within the development, without regard to zoning lot lines or the provisions of Sections 25-621 (Location of parking spaces in certain districts) and 25-631 (Location and width of curb cuts in certain districts), subject to the findings of Section 78-41 (Location of Accessory Parking Spaces).

(b)        In order to grant such special permits, the City Planning Commission shall make the following findings:

(1)        that the development or enlargement relates to the existing buildings or other structures in scale and design, and that the development will not seriously alter the scenic amenity and the environmental quality of the community;

(2)        that the development or enlargement be sited in such a manner as to preserve the greatest amount of open space and landscaping that currently exists, consistent with the scale and design of the existing development, the landscaping surrounding the new landscaping arrangement, and conditions of the community;

(3)        that the development or enlargement be sited in such a manner that it will not require at that time, or in the foreseeable future, new access roads or exits, off-street parking or public parking facilities that will disrupt or eliminate major portions of open space and landscaping or will generate large volumes of traffic that will diminish the environmental quality of the community; and

(4)        that minimal landscaping be removed during construction and such areas will be fully restored upon completion of construction.

(c)        Notwithstanding the provisions of paragraph (a)(6) of this Section, where the requirement for accessory off-street parking spaces, driveways or curb cuts can only be accommodated in such a manner that the functioning of the existing planned community is substantially injured, the Commission shall authorize waiver of all or part of the required parking.

The Commission may prescribe appropriate conditions and safeguards, including covenants running with the land which shall permit public or private enforcement reflecting terms, conditions and limitations of any special permit in order to minimize adverse effects on the character and quality of the community. The Commission may advise and recommend special conditions or modifications in the plans submitted by applicants in order to conform to the intentions of the Special Planned Community Preservation District.