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