Elimination or reduction in size of bonused public amenities

In all districts, the City Planning Commission may, by special permit, allow the elimination or reduction in size of any existing publicly accessible open area, arcade or other public amenity, open or enclosed, for which a floor area bonus has been utilized, provided that such reduction or elimination shall not create a floor area non-compliance on the zoning lot.

In granting such special permit, the Commission shall find that:

(a)        such elimination or reduction is adequately compensated by the substitution of another public amenity or improvement on the zoning lot that shall provide equal or increased public benefit; and

(b)        for publicly accessible open areas any remaining bonused open area will comply to the maximum extent feasible with the standards of public plazas as set forth in Section 37-70.

However, the Commission may waive the provisions of paragraph (b) of this Section if it finds that such standards for public plazas would compromise the design integrity of the publicly accessible open area or would result in the loss of significant design elements or character that are integral components of the publicly accessible open area’s design.

The Commission may prescribe additional conditions to enhance the relationship of public open areas, buildings or other amenities on the zoning lot, to the surrounding areas.