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HomeMy WebLinkAboutMN-CC-2001-04-05COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Continuation of the April 4, 2001 Meeting 7:30 p.m. April 5, 2001 PRESENT: Mayor Cohen Alderpersons (8) Pryor, Blumenthal, Glasstetter, Manos, Farrell, Vaughan, Hershey, Spielholz EXCUSED: Alderpersons Sams, Taylor OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney - Schwab Deputy Controller – Thayer Planning and Development Director – Van Cort Deputy Director of Planning and Development – Cornish Planning Committee: 21.1 (A) An Ordinance to Amend the Municipal Code for the City of Ithaca, Chapter 120 and Section 324-45 of Chapter 325 entitled “Zoning” – Declaration of Lead Agency By Alderperson Farrell: Seconded by Alderperson Hershey Whereas, State Law and Section 176.6 of the City Code require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and Whereas, State Law specifies that for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and Whereas, the proposed zoning amendment is a Type I Action pursuant to the City of Ithaca Environmental Review Ordinance which requires review under the City's Environmental Quality Review Ordinance, now therefore be it RESOLVED, That the Common Council for the City of Ithaca does hereby declare itself lead agency for the environmental review for the proposed amendments to the Municipal Code of the City of Ithaca, Chapter 120, and Section 325-45 of Chapter 325 entitled ‘Zoning”. Carried Unanimously 21.1(B) An Ordinance to Amend the Municipal Code for the City of Ithaca, Chapter 120 and Section 324-45 of Chapter 325 entitled “Zoning” – Negative Declaration By Alderperson Farrell: Seconded by Alderperson Pryor Whereas, the City of Ithaca is proposing a zoning amendment whereby Chapter 120 of the Code of the City of Ithaca, entitled “Zoning Amendments procedure” shall be amended and transferred to chapter 325 of the Code of the City of Ithaca, entitled “Zoning” and Whereas, the City of Ithaca is also proposing to amend Section 325-45 of chapter 325 of the Code of the City of Ithaca, entitled ‘Zoning”, and Whereas, appropriate environmental review has been conducted including the preparation of a Long Environmental Assessment Form (LEAF), and Whereas, the proposed action is a Type I action under the City Environmental Quality Review Act (CEQR Sec. 176-12B), and Whereas, the Common Council for the City of Ithaca, acting as Lead Agency, has reviewed the LEAF Part I, and Part II, prepared by City of Ithaca Planning Staff, Continuation of April 4, 2001 Common Council Meeting April 5, 2001 2 comments prepared by the City of Ithaca Environmental Advisory Council, and supplemental information, and has determined that the proposed action will not have a significant effect on the environment; now, therefore, be it RESOLVED, That this Common Council, as lead agency in this matter, hereby adopts as its own, the findings and conclusions more fully set forth on the Long Environmental Assessment Form Parts I, and II, and, be it further RESOLVED, That this Common Council, as lead agency, hereby determines that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary, and be it further RESOLVED, That this resolution constitutes notice of this negative declaration and that the City Clerk is hereby directed to file a copy of the same, together with any attachments, in the City Clerk’s Office, and forward the same to any other parties as required by law. Carried Unanimously 21.1 (C) An Ordinance to Amend the Municipal Code for the City of Ithaca, Chapter 120 and Section 325-45 of Chapter 325 entitled “Zoning” – Call for Public Hearing By Alderperson Farrell: Seconded by Alderperson Pryor RESOLVED, That Ordinance No. ___ entitled “An ordinance to amend the Municipal Code of the City of Ithaca, Chapter 120, and Section 325-45 of Chapter 325 entitled ‘Zoning” is hereby introduced before the Common Council of the City of Ithaca, New York, and, be it further RESOLVED, That Common Council hold a public hearing in the matter of the adoption of the aforesaid ordinance in the Common Council Chambers, City Hall, 108 East Green Street, on May 2, 2001, and, be it further RESOLVED, That the City Clerk will give notice of the public hearing by the publication of a notice in the official newspaper that specified the time and the place where the public hearing was held, and in general terms described the proposed ordinance. This notice will be published once at least fifteen (15) days prior to the public hearing. Carried Unanimously The Ordinance to be considered reads as follows: ORDINANCE NO. _____-2001 An Ordinance to amend certain provisions of the zoning regulations to provide a procedure for minor, non-substantive changes. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Chapter 120 of the Code of the City of Ithaca, entitled “Zoning Amendments Procedure” shall be amended and transferred to Chapter 325 of the Code of the City of Ithaca, entitled “Zoning.” Section 2. Section 325-45 of Chapter 325 of the Code of the City of Ithaca, entitled “Zoning,” shall be amended as follows: § 325-45. Amendment procedure outlined. A. Compliance with General City Law. The Common Council may from time to time, on its own motion, on petition or on recommendation of the City Planning and Development Board or the Department of Planning and Development, amend, supplement or repeal the regulations and provisions of this chapter after public notice and hearing as required by the General City Law. Continuation of April 4, 2001 Common Council Meeting April 5, 2001 3 B. Referral to City Planning Board. Every such proposed amendment or change, except for those of a minor or non-substantive nature, whether initiated by the Common Council or by petition, shall be referred to the City Planning and Development Board for report thereon before the public hearing hereinafter provided for. Section 3. A new subsection “C” shall be added to section 325-45 consisting of the former Chapter 120, as amended, and the remaining subsections renumbered as appropriate: C. [Chapter 120,] ZONING AMENDMENTS PROCEDURE [§ 120-]1. Procedural guide adopted. The guide for Zoning Ordinance amendments dated October 3, 1990, as amended, is hereby adopted by the Common Council to serve as a procedural guide for the consideration of proposed amendments to Chapter 325, Zoning. [§ 120-]2. Construal of provisions. [A] a. The adoption of this guide shall not in any way substitute for or obviate the need for strict compliance with the procedural requirements for Zoning Ordinance amendments contained in state or local laws. [B] b. The adoption of this guide shall not constitute a new set of binding procedural requirements for the amendment of Chapter 325, Zoning, and failure to follow the procedural suggestions in this guide shall not cause a defect in the approval of a Zoning Ordinance amendment, provided that all legal requirements are met. [§ 120-]3. Guide for amendments. [A] a. This guide for the review of Zoning Ordinance amendments is designed to accommodate three different types of situations. The procedure used would depend on the complexity of the zoning amendment being considered. The Planning [and Economic Development] Committee would determine which procedure is appropriate. The steps outlined are intended as a guide, not as rigid requirements. [B] b. The three different procedures are as follows: (1) Minor and non-substantive changes or amendments (minor word, number, placement, or other similar changes, modifications, or alterations that do not modify existing zoning concepts.) (a) The Planning and [Economic] Development [Department] staff or other interested parties provide an explanatory memorandum to the Planning [and Economic Development] Committee. This explanatory memo will set forth the current zoning language and the proposed change of a minor or non-substantive nature. The memo should also propose how to correct the unclear provision (i.e., how to correct a typographical error, numbering change, or better placement within the Zoning Code Chapter 325). If the Planning [and Economic Development] Committee desires additional information, the information shall be provided. (b) Referral to Common Council for action: the Planning [and Economic Development] Committee shall forward the proposed changes, with its endorsement, to Common Council; Common Council votes on the proposed amendments. Continuation of April 4, 2001 Common Council Meeting April 5, 2001 4 (c) The procedures in the remaining subsections of this part shall not apply to minor and non-substantive changes or amendments. Section 4. Chapter 120-3(B)(i) shall be deleted in its entirety, as follows. [(1) Expedited Zoning Ordinance amendment (minor word or number change which only modifies the existing zoning concept). (a) Referral. The Planning and Development Board or the Common Council refers a zoning issue to the Planning [and Development] Committee. Changes may also be undertaken by the Planning [and Development] Committee without referral. (b) Concept memo. The Planning [and Development] Committee directs the Planning and Development staff to draft a memorandum explaining the concept of the proposed zoning change. The memorandum is referred to the Planning and Development Board for review and comment. If, in the opinion of the Planning [and Development] Committee, the concept does not require drafting of a concept memorandum, the proposed concept may be referred orally to the Planning and Development Board by the liaison to the Board. (c) Comments received. Comments on the proposed change are brought back to the Planning [and Development] Committee through an oral report from the liaison. Comments may also be referred in writing. The Planning [and Development] Committee may advance the proposed amendment, modify it, request more information or terminate consideration. The Planning [and Development] Committee may request that the Planning and Development Board take a lead role in drafting a zoning amendment. (d) Amendment first draft. The Planning [and Development] Committee directs the Planning and Development staff in conjunction with the City Attorney to draft the proposed change. Environmental review is initiated. If possible, the Planning [and Development] Committee Chairperson reviews the draft. The draft, edited by the Chairperson, is circulated to the Attorney, the Building Commissioner, the Engineering Department, the Conservation Advisory Council and the Planning and Development Board. (e) Referral to the committee of the whole (or a combined meeting of the affected committees or boards). The Planning [and Development] Committee receives comments on the draft and directs the Planning and Development staff to make appropriate modifications to the amendment. The modified amendment is referred by the Planning [and Development] Committee to the committee of the whole (or a combined meeting of the affected committees or boards). The committee of the whole refers the amended draft to the Common Council. (f) Public hearing. The Common Council calls for a public hearing and directs that the change be advertised. (g) Council actions. The Common Council votes on the proposed amendment.] (2) Complex Zoning Ordinance amendments (extensive changes to the rules for a zoning district, a map change or similar major modification to the Zoning Ordinance). (a) Referral. Planning and [Economic] Development staff, t[T]he Planning and [Economic] Development Board or the Continuation of April 4, 2001 Common Council Meeting April 5, 2001 5 Common Council refers a zoning issue to the Planning [and Economic Development] Committee. Changes may also be undertaken by the Planning [and Economic Development] Committee without referral. (b) Concept memo. The Planning [and Economic Development] Committee directs the Planning and [Economic] Development staff to draft a memorandum explaining the concept of the proposed zoning change. The memorandum is referred to the Planning and Development Board, the Conservation Advisory Council, the City Attorney, the Building Commissioner, the City Engineer, [and] the Director of Planning and [Economic] Development, and other relevant boards, commissions, or City departments, for review and comment. (c) Comments received. The Planning and [Economic] Development Department receives and compiles written comments for consideration by the Planning [and Economic Development] Committee. [Written comments are preferred.] The Planning [and Economic Development] Committee may advance the proposed amendment, modify it, request more information or terminate consideration. The Planning [and Economic Development] Committee may request that the Planning and Development Board take a lead role in drafting a zoning amendment. (d) Amendment first draft. The Planning [and Economic Development] Committee directs the Planning and [Economic] Development staff in conjunction with the City Attorney to draft the proposed change. Environmental review is initiated. If possible, the Planning [and Economic Development] Committee Chairperson reviews the draft. The draft, edited by the Chairperson, is circulated to the Attorney, the Building Commissioner, the Engineering Department, the Conservation Advisory Council, [and] the Planning and [Economic] Development Board, and other relevant boards, commissions, or City departments. (e) Referral to the Common Council or to the committee of the whole (or a combined meeting of the affected committees or boards). The Planning [and Economic Development] Committee receives comments on the draft and directs the Planning and [Economic] Development staff to make appropriate modifications to the amendment. The modified amendment is referred by the Planning [and Economic Development] Committee to the Common Council, the committee of the whole (or a combined meeting of the affected committees or boards). If the amendment is referred to the latter two groups, t[T]he committee of the whole will refer[s] the amended draft to the Common Council. (f) Public hearing. The proposed change shall be advertised and a public hearing shall be held. [The Common Council or the Planning [and Economic Development] Committee or the Planning and Development Board arranges [calls] for a public hearing and directs that the change be advertised.] (g) Council action. The Common Council votes on the proposed amendment. Continuation of April 4, 2001 Common Council Meeting April 5, 2001 6 (3) Extensive Zoning Ordinance amendments (development of a new zoning district or ordinance section or extensive map changes). The procedure shall be the same as in Subsection [B(2)] C(2) above, except that the draft amendments may be referred back to the various boards and committees for comments. Several drafts of the ordinance will likely need to be prepared. [C.] D. [The Common Council, or the Planning [and Economic Development] Committee, or the Planning and Development Board by resolution, shall fix] T[t]he time and place of a public hearing on the proposed amendment shall be fixed and [cause] notice shall [to] be given by publishing a notice at least 15 days prior to the date of the public hearing in the official newspaper of the City of Ithaca. [D.] E. Compliance with General Municipal Law. In amending this chapter, the Common Council shall, before taking final action thereon, comply with General Municipal Law § 239-l and 239-m. [E.] F. Conduct of public hearing. The public hearing shall be held by the Common Council [or the Planning [and Economic Development] Committee or the Planning and Development Board] in accordance with its own rules and General City Law § 83. Section 4. Effective Date. This Ordinance shall take effect immediately and in accordance with law upon publication of notice as provided in the Ithaca City Charter. 21.2 An Ordinance Amending Section is 325-5, of Chapter 325 entitled “Zoning” of the City of Ithaca Municipal Code, Regarding Changes in Certain Areas of Existing Zoning Designations from MH-1 (Mobile Home), B- 5, B-2a (Business), I-1 (Industrial), P-1 (Public/Park) as Applicable to Southwest District (SW-1/SW-2/SW-3) – Call for Public Hearing Alderperson Farrell reported that the Planning Committee forwarded this Resolution to Council for consideration, however a few issues regarding the re- zoning of the Southwest Area are still unresolved. She stated that clarification is needed in Section 3, Permitted Primary Uses, (1), and suggested the following wording: “1. Any use permitted in B-5 except offices as a primary use, (with the exception of medical and dental, or unless the office is a minimum of 25,000 square feet with a single tenant), motor vehicle sales and service, gasoline stations as a primary use, and redemption centers.” Alderperson Hershey clarified that SW-1 is the interior of the southwest, SW-2 is Elmira Road, and SW-3 is the proposed Widewaters site. He questioned the intention to make Elmira Road lot sizes a minimum of 10,000 square feet and how that affects current property owners. Director of Planning and Development Van Cort stated that under the proposed legislation, a property owner who wanted to re-develop one of the existing smaller lots would have to request a variance. Alderperson Blumenthal voiced concerns regarding the amount of development on Elmira Road limiting the capacity of development in the interior and asked how this could be regulated. Continuation of April 4, 2001 Common Council Meeting April 5, 2001 7 Mayor Cohen stated that an assessment of the area has been completed, and that a number of parcels were identified either as vacant parcels or what were considered underdeveloped parcels. The under developed parcels had approximately 109,000 square feet of existing build-out on them. There was a total square footage build-out of approximately 1.4 million square feet, and the rough formula that was applied was one-third of the lot coverage would go to the building; the other two-thirds for parking, landscaping, setback and other amenities. This left approximately 460,000 square foot build-out gross potential for those parcels just along the Elmira Road corridor. Net build-out potential after the 109,000 existing build-out, is approximately 351,000 square feet. Alderperson Hershey confirmed that if every inch of Elmira Road were developed, 450,000 square feet of development would be allowed for the interior, which includes the proposed 200,000 square foot Widewaters project. Planning and Development Director Van Cort cautioned that this is a theoretical maximum based on total build out where you assume totally efficient lots. Alderperson Farrell noted that there was discussion at the Planning Committee about minimum store size in the SW-2 zone. She stated that discussion was needed regarding whether to designate it as the same as B5, or the same as SW-1. The SW–1 as currently written has restrictions on small size stores that are attached to one another. She suggested that the language state “the same as B5” for this section. Alderperson Hershey asked if the 15 square feet minimum, 34 square feet maximum frontage yardage from the curb is a change from the current Elmira Road zone. Alderperson Farrell stated that it is a change that has been asked for according to the design guidelines in order to accommodate sidewalks, etc. Alderperson Glasstetter questioned what happens when the build-out capacity has been reached. Mayor Cohen stated that the parameters established in the GEIS, established the 800,000 square feet build-out with certain mitigation measures that the City would move forward on. If you want to exceed the 800,000 square feet, you would have to consider additional mitigation measures to allow for that additional build-out. Alderperson Manos asked Mr. Van Cort and Ms. Cornish to explain the sub- districts that are labeled SW-2 and clarify the differences between what is being proposed and what the existing zoning is. Planning and Development Director Van Cort stated that commercial development is not allowed in a Mobile Home zone, so a large parcel of land is being re-zoned from a mobile home zone to SW-1, and there is a proposed change to the park in SW-1. Deputy Planning and Development Director Cornish stated that permitted primary uses, permitted accessory uses, off-street parking, off-street loading for SW-2, the Elmira Road – Meadow Street corridor, remains the same. Minimum lot size is currently 3,000 sq. ft., and is proposed to be increased to 10,000 sq. ft. or the same as B5. Maximum building heights, number of stories (5), is a proposed increase of an additional story. Maximum percent lot coverage by buildings is 60%, and is a proposed increase of 10%. Yard dimensions, in B5 the front yard is 10, SW-2 is a minimum of 15 and a maximum of 34. One side at least 10, second side at least 5, and there is no side yard requirement. The rear is 50% or 20 feet, so the rear yard is the same as B5. Continuation of April 4, 2001 Common Council Meeting April 5, 2001 8 Alderperson Farrell stated that the big change is the set back and the side yards. Deputy Director Cornish said that there is no minimum height of buildings, which remains the same. Alderperson Farrell stated that given the previous discussion, she would recommend the 3,000 square feet minimum lot size, the same as B5, for the SW- 2 zone, as opposed to the 10,000 sq. ft. City Attorney Schwab questioned why under the Building Setback section under SW-1 reads a minimum 60% of the lot street frontage must be occupied by a “building or buildings”; and SW-2 reads a minimum of 35% of the lot/street/frontage must be occupied by a “building mass”. Deputy Director Cornish stated that the text in the SW-2 should be changed to read “building or buildings” to be consistent. Alderperson Farrell clarified the changes made to the proposed legislation are: changing SW-2 Minimum lot size to 3,000 square feet; changing the wording in the SW-2, Building Setbacks, from “building mass” to “building or buildings”; and adding a parenthesis, and the word “or” in Permitted Primary Uses. Alderperson Glasstetter noted for the record that he is opposed to some of the changes in the SW-3 Zone. Resolution By Alderperson Farrell: Seconded by Alderperson Pryor RESOLVED, That Ordinance No. ___ entitled “An Ordinance To Amend the Municipal Code of the City of Ithaca, Chapter 325 Entitled “Zoning” to Change the Zoning Designation of Certain Areas of the city of Ithaca and to Establish Appropriate District Regulations” regarding changes in certain areas of existing zoning designations from MH-1 (Mobile Home), B-5, B-2a (Business), I-1 (Industrial), P-1 (Public/Park) as applicable to Southwest District (SW-1/SW- 2/SW-3) is hereby introduced before the Common Council of the City of Ithaca, New York, and, be it further RESOLVED, That Common Council shall hold a public hearing in the matter of the adoption of the aforesaid ordinance in the Common Council Chambers, City Hall, 108 East Green Street, in the City of Ithaca, New York, at 7:00 p.m. on May 2, 2001, and, be it further RESOLVED, That the City Clerk shall give notice of such public hearing by the publication of a notice in the official newspaper specifying the time when and the place where such public hearing will be held, and in general terms describing the proposed ordinance. This notice shall be published once at least fifteen (15) days prior to the public hearing, and, be it further RESOLVED, That the City Clerk shall transmit forthwith to the Tompkins County Planning Board, Town of Ithaca Planning Board and to the City of Ithaca Planning and Development Board true and exact copies of the proposed zoning ordinance for their reports thereon. Carried Unanimously The Ordinance to be considered shall read as follows: Continuation of April 4, 2001 Common Council Meeting April 5, 2001 9 An Ordinance To Amend the Municipal Code of the City of Ithaca, Chapter 325 Entitled “Zoning” to Change the Zoning Designation of Certain Areas of the city of Ithaca and to Establish Appropriate District Regulations ORDINANCE NO. ________ BE IT ORDAINED AND ENACTED by Common Council of the City of Ithaca that Chapter 325, Section 325-4 of the Municipal Code of the City of Ithaca be amended to create a new zoning district to be known as the Southwest District (SW-1/SW-2/SW-3). Section 1. Declaration of the Legislative Findings and Purpose The Common Council finds that this Ordinance: 1. Will support the goals set forth in the Southwest Area Land Use Plan. 2. Will ensure development in this area of the City creating an urban pattern. 3. Will reinforce the Design Guidelines for the Southwest Area, Meadow Street, and Elmira Road Corridor. 4. Will provide opportunities for large-scale development currently lacking in other parts of the City. 5. Will restrict the number of small stores allowed in the Southwest Area that could potentially limit the amount of land available for large-scale development. Section 2. Chapter 325, Section 325-5 of the Municipal Code of the City of Ithaca is hereby amended to change the zoning designation of the following area from B-5, B-2a (Business), I-1 (Industrial) and MH-1 (Mobile Home) as applicable to the Southwest District (SW-1/SW-2/SW-3), portions of which are shown on the attached map. Section 3. Section 325-8 of the Municipal Code of the City of Ithaca is hereby amended as follows to establish district regulations for the new SW District and Sub-Districts as follows: Permitted Primary Uses: SW-1: 1. Any use permitted in B-5 except offices as a primary use, (with the exception of medical and dental, or unless the office is a minimum of 25,000 square feet with a single tenant), motor vehicle sales and service, gasoline stations as a primary use, and redemption centers. 2. Light industrial and manufacturing; wholesaling, warehousing, storage and handling of bulk goods, lumberyards, printing, heating, plumbing, welding, and air conditioning. 3. Recreational or cultural facility such as park, playground, and museums. SW-2: 1. Any use permitted in B-5. 2. Light industrial and manufacturing; wholesaling, warehousing, storage and handling of bulk goods, lumberyards, printing, heating, plumbing, welding, and air conditioning. 3. Recreational or cultural facility such as park, playground, and museums. SW-3: Same as SW -1 Permitted Accessory Uses: SW-1: Any accessory use permitted in B-5, except gasoline filling stations and redemption centers. SW-2: Any accessory use permitted in B-5 SW-3: Same as SW - 1 Continuation of April 4, 2001 Common Council Meeting April 5, 2001 10 Off-Street Parking Requirements: SW-1: Same as B-5 SW-2: Same as SW-1 SW-3: Same as SW-2 Off-Street Loading Requirements: SW-1: Same as B-5 SW-2: Same as SW-1 SW-3: Same as SW-2 Minimum Lot Size: SW-1: 1. Area in Square Feet - 10,000 2. Width in Feet at Street Line - 40 ft. SW-2: Same as B5 SW-3: Same as SW-2 Maximum Building Heights: SW-1: 1. Number of Stories - 4 2. Height in Feet - 60 SW-2: Same as SW-1 SW-3: 1. Number of Stories – 2 2. Height in Feet – 40 Maximum percent lot coverage by buildings: SW-1: Maximum 50% SW-2: Same as SW-1 SW-3: Same as SW-2 Subject to further provisions of § 325-30. Yard Dimensions: SW-1: 1. Front Yard - maximum 30 feet from curb1 2. Side Yards - none required 3. Rear Yard - 15% or 20 feet, whichever is less SW-2: 1. Front Yard - minimum 10; maximum 34 feet from curb. 2. Side Yard – Same as SW-1. 3. Rear Yard – Same as SW-1. SW-3: Same as SW-2. Subject to further provisions of § 325-30. Minimum height of building: SW-1: None. SW-2: Same as SW-1 SW-3: Same as SW-2 Section 4. Chapter 325, Article V of the Municipal Code of the City of Ithaca entitled "Supplementary Regulations" is hereby amended to add a new section to be known as Section 325-30 Southwest District to read as follows: A. General Note. Any and all development projects within the SW-1 district and sub-district SW-2 and SW-3 shall be subject to the guidelines set forth in the Design Guidelines for the Southwest Area, Meadow Street, and Elmira Road Corridor. The design guidelines shall be implemented by the Planning Board during the Site Plan Review (S.P.R.) process. No building permits shall be issued until the Planning 1 General Notes: 10. All columns established by this section are subject to the supplementary regulation stated in Article V of this ordinance. (Please see Chapter 325, Article V Supplemental Regulations, Section 325-30 Building Setback.) Continuation of April 4, 2001 Common Council Meeting April 5, 2001 11 and Development Board has granted final site plan approval and all conditions of site plan approval have been met. B. Building Setback. SW-1: A minimum of sixty percent (60%) of a lot's street frontage must be occupied by a building or buildings. The building or buildings, which occupy the front yard, may not be setback more than 30 feet from the curb. The Planning Board may allow a portion, not to exceed a third of the required 60% building frontage to be occupied by an integrated architectural wall. SW-2: A minimum of 35% of a lot’s street frontage must be occupied by a building or buildings. The building or buildings, which occupy the front yard, may not be setback more than 34 feet from the curb. The Planning Board may allow a portion, not to exceed a third of the required 35% building frontage to be occupied by an integrated architectural wall. SW-3: Same as SW-2 C. Minimum Store Size. SW-1: Retail store size must be a minimum of 5,000 square feet with the exception of individual freestanding structures having only one tenant, food establishments, banks, and light industrial uses. In any one building, there may be one tenant with square footage of less than 5,000 square feet. For buildings with multiple tenants, each retail space must be at least 5000 square feet. A freestanding structure is considered one that has a minimum of fifty (50) feet of separation from any other building. SW-2: Same as B5 SW-3: Same as SW-1 Section 5. The City of Planning and Development Board, the City Clerk and the Planning Department shall amend the zoning map and district regulations chart in accordance with the amendments made herewith. Section 6. Effective Date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. Alderperson Vaughan left the meeting at 9:12 p.m. Motion to Enter into Executive Session By Alderperson Manos: Seconded by Alderperson Hershey RESOLVED, That Common Council adjourn into Executive Session to discuss pending litigation. Carried Unanimously Reconvene: Common Council reconvened into Regular Session with no formal action taken. Adjournment: On a motion the meeting was adjourned at 10:20 pm. ________________________ _______________________ Julie Conley Holcomb, CMC Alan J. Cohen, City Clerk Mayor