In Subdistrict B, for developments on zoning lots located in a Mixed-Use District, on a zoning lot greater than 40,000 square feet in lot area, the City Planning Commission may authorize the modifications set forth in paragraph (a) of this Section, provided that the conditions in paragraph (b) and findings in paragraph (c) are met.

(a)        Modifications

The Commission may modify the following regulations:

(1)        the use regulations of this Chapter, limited to ground floor use regulations and supplemental use regulations;

(2)        the bulk regulations of this Chapter, except floor area ratio regulations, provided that any modifications to height and setback regulations do not exceed the heights permitted in an M1-4 District as set forth in Section 43-43; and

(3)        the parking regulations related to the number of required accessory off-street parking spaces and the location and spacing of curb cuts.

(b)        Conditions

As conditions for the granting of an authorization pursuant to this Section:

(1)        the development shall result in a mix of uses on the zoning lot where the predominant amount of floor area is associated with non-residential uses; or

(2)        the development shall:

(i)        result in a mix of uses on the zoning lot where at least 20 percent of the floor area is associated with Gowanus mix uses;

(ii)        not exceed 300 feet in height; and

(iii)        be located on a zoning lot where existing buildings will occupy at least 20 percent of the lot coverage.

(c)        Findings

In order to grant such authorization, the Commission shall find that:

(1)        where modifying bulk regulations, such modifications shall result in a superior configuration of non-residential uses on the zoning lot than would be feasible by applying the Special Gowanus Mixed Use District regulations;

(2)        where modifying ground floor use regulations, the advantages of an off-street loading and access outweigh the disadvantages incurred by the interruption of retail continuity; and

(3)        where modifying supplemental use and parking regulations, that such modifications would present a limited interruption and would not create serious vehicular traffic congestion that would adversely affect the surrounding area.

Upon completion of the development, the zoning lot shall remain in compliance with the conditions set forth in paragraph (b) of this Section. Such requirements shall be reflected in a notice of restrictions recorded against all tax lots comprising such zoning lot, and a copy of such notice shall be provided to the Department of Buildings.

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