74-931

Special commercial or mixed use developments in Commercial Districts

Within the boundaries of Community District 6, Borough of Queens, for commercial or mixed use developments or enlargements on two or more zoning lots in more than one block, which zoning lots, as defined in Section 12-10, each have single fee ownership or equivalent ownership arrangements for all lots comprising the development or enlargement, which are contiguous or would be contiguous but for their separation by a street, and located partially in a C4-2 District, partially in a C4-2F District, the City Planning Commission may permit upon application:

(a)        reduction of the parking requirement of Section 36-21 (General Provisions) by an amount not to exceed 50 percent, provided that the Commission finds that the applicant has demonstrated that the proposed parking is sufficient for the uses proposed;

(b)        any closed and demapped air space above a street to be considered as a part of the development or enlargement and to be used for automobile ways, or for pedestrian ways, provided the Commission finds that:

(1)        each bridge over the street bed utilizes only unused floor area from an adjoining zoning lot within the development or enlargement and that no floor area credit is generated from the demapped air space;

(2)        each bridge adjoins zoning lots which are wholly within the development or enlargement;

(3)        the curb levels of the adjoining zoning lots are not affected by the closing and demapping of such air space;

(4)        all street frontages of the zoning lots under each bridge are provided with satisfactory lighting; and

(5)        a landscaped open, covered or enclosed space for public use at street level, linked with the pedestrian circulation system, is provided in one location within the development or enlargement, which open, covered or enclosed space is at least equivalent to the street area covered by the bridges, has a minimum area of 20,000 square feet and is maintained with planting and seating facilities, by the owner of the development or enlargement or his designee, said open, covered or enclosed space to be subject to such other requirements as the Commission may deem appropriate;

(c)        automobile service establishments, including: automobile, tire, battery, muffler and accessories establishments, including installation services; automobile glass and mirror shops, including installation services where such use is an integral part of the permitted principal use; automotive seat cover or convertible top establishments, including installation service, but not including automobile laundries; automobile painting establishments; automobile body repair establishments; or automobile fuel service stations;

(d)        modification of applicable bulk regulations by permitting the total permitted floor area for all zoning lots within such development or enlargement to be distributed without regard to zoning lot lines and permitting the location of buildings without regard for the applicable height and setback regulations, provided the Commission finds that:

(1)        such distribution of floor area and location of buildings will result in better site planning and will thus benefit both the neighborhood and the City as a whole; and

(2)        such distribution of floor area and location of buildings will permit adequate access of light and air to surrounding streets and properties; and

(e)        modification of the applicable provisions of Sections 32-64 (Surface Area and Illumination Provisions) and 32-65 (Permitted Projection or Height of Signs), provided that the Commission finds that such modification will result in a better site plan.

The Commission may impose additional conditions and safeguards to improve the quality of the development or enlargement and minimize adverse effects on the character of the surrounding area, including restrictions on permitted commercial uses, signs and location of curb cuts to ease vehicular and pedestrian circulation in the area.

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