For substantially vacant existing zoning lots

When a zoning lot located within the Special Transit Land Use District is substantially vacant and appropriate for a transit easement, the Metropolitan Transportation Authority may request the City Planning Commission to certify that a portion of such zoning lot is necessary for a transit easement.

As a condition for securing a transit easement on such zoning lot, the Commission shall make the following findings:

(a)        that such transit easement is required by the Metropolitan Transportation Authority to provide public access to a subway mezzanine or to a public passageway leading to a subway mezzanine or platform;

(b)        that such transit easement is located on a vacant portion of a zoning lot;

(c)        that the use of the transit easement will not reduce development potential on the zoning lot under the applicable district regulations; and

(d)        that the Metropolitan Transportation Authority and the owner agree that the construction within the easement volume will be integrated with the total development.

At such time as an existing vacant zoning lot on which a transit easement volume provided pursuant to the provisions of this Section, is developed, it shall be subject to all regulations of this Chapter.