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Projects & Proposals > Citywide > FRESH Printer Friendly Version
FRESH Food Stores - Approved!
Public Review

On May 18, 2009, the City Planning Commission referred the proposed FRESH Food Store text amendment (N 090412 ZRY) to all affected community boards, borough boards, and borough presidents for review and comment.  The City Planning Commission held a public hearing on the proposal on August 5, 2009 and on September 23, 2009, the City Planning Commission voted to approve the text amendment with modifications*. (Read the CPC Report). The City Council approved the text amendment on December 9, 2009 with modifications**.

*CPC Modifications
In response to issues raised during public review, the Commission approved the zoning text amendment with the following modifications:
  1. Eliminate the requirement to provide residential stories with a minimum floor-to-ceiling height of 8 feet, 6 inches in mixed and mixed-use buildings that include a FRESH food store and are seeking a City Planning Commission authorization to modify the maximum building height pursuant to Section 63-22. 

  2. Permit modification to the special transparency requirements by Chair certification: The Chair may, by certification, allow buildings with frontage along more than one street, to be subject to the glazing requirement only on the street wall facing the principal street. Also by Chair certification, the 70% glazing requirement may be reduced to 50% in a mixed building that receives public funding, as defined in Section 23-911.

  3. Provide for Community Board notification for applications seeking certification as a FRESH food store: All applicants seeking certification as a FRESH food store are required to submit a copy of the application drawings to the affected Community Board for 45-day review. The Chairperson shall not issue a certification for the application until the 45-day review period ends, unless the Community Board submits comments before that time.

  4. Provide for ongoing monitoring through periodic compliance reporting: The compliance provision requires submission to the Chairperson every three years by the property owner of an affidavit attesting that the certified FRESH food store continues to operate in accordance with the restrictive declaration.  The affidavit must include accompanying photos documenting the condition of the store as further evidence.

    In addition to the modifications made in response to comments received during the public review, the Commission approved the zoning text amendment with other modifications that are technical in nature and intended to improve clarity and provide more consistency with language in the Zoning Resolution.

**CC Approval with Modifications
On December 9, 2009 the City Council approved with modifications the FRESH food store text amendment. The approved Zoning Text amendment was modified by the CC in response to concerns raised during the public review process.
The modifications are as follows (Matters in strikethrough were deleted by the City Council):


FRESH food store

A "FRESH food store" is a food store #Use# as listed in Section 32-15 (Use Group 6), where at least 6,000 square feet of #floor area#, or #Cellar# space utilized for retailing, is utilized for the sale of a general line of food and non-food grocery products, such as dairy, canned and frozen foods, fresh fruits and vegetables, fresh and prepared meats, fish and poultry, intended for home preparation, consumption and utilization. Such retail space utilized for the sale of a general line of food and non-food grocery products shall be distributed as follows:

(a) at least 3,000 square feet or 50 percent of such retail space, whichever is greater, shall be utilized for the sale of a general line of food products intended for home preparation, consumption and utilization; and

(b) at least 2,000 square feet or 30 percent of such retail space, whichever is greater, shall be utilized for the sale of perishable goods that shall include dairy, fresh produce; and frozen foods and may include fresh meats, poultry and fish, of which at least 500 square feet of such retail space shall be designated for the sale of fresh produce.

PDF Document View the text Amendment adopted by CC on 12/9/2009.

For more information on the proposal, contact the Housing, Economic & Infrastructure Planning Division of the Department of City Planning at

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