91-663 - Special permit for bulk modifications

LAST AMENDED
2/2/2011

Within the South Street Seaport Subdistrict, the City Planning Commission may modify, by special permit, the height and
setback and #lot coverage# regulations of Section 91-30, provided that:

(a)    either of the following conditions have been met:

        (1)    that the developer has obtained negative easements limiting the height of future #development# or
                #enlargement# to 85 feet or less on any adjoining #zoning lots# which are contiguous or would be contiguous to
                said #zoning lot# but for their separation by a #street# or #street# intersection, and such easements are recorded
                against such adjoining #zoning lots# by deed or written instrument. The Commission shall consider the
                aggregated areas of said #zoning lot# and the adjoining lots subject to such negative easements and the extent to
                which they achieve future assurance of light and air in determining the maximum permitted coverage. In no
                event shall such coverage exceed 80 percent of the #zoning lot# on which the #development# or #enlargement#
                will be located; or

        (2)    that the #lot coverage# for that portion of a #development# or #enlargement# below 300 feet may be increased to
                a maximum of 80 percent when additional #development rights# have been purchased and converted to
                increased #lot coverage#. The maximum percentage of #lot coverage# on such #receiving lot# shall be the sum of
                65 percent plus one-half of one percent for every .10 by which the total #floor area ratio# on such #receiving lot#
                would exceed a #floor area ratio# of 21.6, provided that the #development# or #enlargement# on such #receiving
                lot# has achieved a minimum #floor area ratio# of 18.0;

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

        (1)    the location of the #development# or #enlargement# and the distribution of #bulk# will permit adequate light
                and air to surrounding #streets# and properties;

        (2)    any modification of height and setback will provide for better distribution of #bulk# on the #zoning lot#; and

        (3)    such special permit will aid in achieving the general purposes and intent of the Subdistrict.

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