For transit-adjacent sites or qualifying transit improvement sites, the City Planning Commission may authorize the modification of applicable regulations of this Resolution, other than floor area ratio, including the other modifications set forth within this Chapter, provided that the Commission determines that the conditions and limitations set forth in paragraph (a), the application requirements of paragraph (b) and the findings set forth in paragraph (c) of this Section are met.

(a)        Conditions and limitations

Where maximum building height limitations apply, modifications to the maximum permitted building height shall not result in an increase that exceeds 25 percent of the maximum building height as set forth in applicable district regulations. Any additional height permitted pursuant to Section 66-234 (Special height and setback modifications) shall not be included in such percentage increase but may be applied in addition to the resulting building height limits.

(b)        Application requirements

Applications for an authorization for modifications pursuant to this Section shall contain materials, of sufficient scope and detail, to enable the Commission to determine the extent of the proposed modifications.

(c)        Findings

The Commission shall find that:

(1)        such proposed modifications are the minimum extent necessary to:

(i)        reasonably accommodate an easement volume, including any associated access thereto; or

(ii)        where improvements to mass transit stations are provided, reasonably accommodate the additional floor area granted pursuant to the provisions of Section 66-51 (Additional Floor Area for Mass Transit Station Improvements);

(2)        any modifications to use regulations will not be incompatible with or adversely affect the essential character, use or future growth of the surrounding area;

(3)        any modifications to bulk regulations will not unduly obstruct access of light and air to surrounding streets and properties; and

(4)        any modifications to accessory off-street parking or loading regulations will not create or contribute to serious traffic congestion and will not unduly inhibit surface traffic and pedestrian flow.

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