Authorization to Modify Provisions for Publicly Accessible Open Spaces and Private Streets

The City Planning Commission may authorize modification of the provisions of Sections 136-323 (Private streets) and 136-324 (Publicly accessible open space requirements), provided that the Commission shall find that:

(a)        the usefulness and attractiveness of the publicly accessible open space will be improved by the proposed design and layout;

(b)        such modification to private street provisions will result in a private street network that will ensure pedestrian and vehicular mobility and safety and will be well integrated with the surrounding streets; and

(c)        such modification will result in a superior urban design relationship with surrounding buildings and open areas, including streets and private streets.

The Commission may prescribe appropriate conditions and controls to enhance the relationship of such publicly accessible open spaces and private streets to surrounding buildings and open areas.