For transit-adjacent sites or qualifying transit improvement sites, the City Planning Commission may grant, by special permit, 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 application requirements of paragraph (a) and the findings set forth in paragraph (b) of this Section are met.

(a)        Application requirements

Applications for a special permit 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.

(b)        Findings

The Commission shall find that:

(1)        such proposed modifications are necessary

(i)        to facilitate an easement volume, including any associated access thereto; or

(ii)        where improvements to mass transit stations are provided, to 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:

(i)        will not unduly obstruct the access of light and air to surrounding streets and properties nor adversely affect the character of the surrounding area; and

(ii)        will result in an improved distribution of bulk on the zoning lot that is harmonious with the surrounding area; 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 Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.