HomeMy WebLinkAboutMN-PLED-2015-12-09Approved at the
January 13, 2016 PEDC Meeting
City of Ithaca
Planning & Economic Development Committee
Wednesday, December 9, 2015 – 6:00 p.m.
Common Council Chambers, City Hall, 108 East Green Street
Minutes
Committee Members Attending: Joseph (Seph) Murtagh, Chair; Graham Kerslick,
Ellen McCollister, Cynthia Brock, and Josephine
Martell
Committee Members Absent: None
Other Elected Officials Attending: Alderperson George McGonigal at 7:35 p.m.
Staff Attending: JoAnn Cornish, Director, Department of Planning,
Building, Zoning, and Economic Development;
Jennifer Kusznir, Senior Planner; Debbie
Grunder, Executive Assistant
Others Attending: Nick Goldsmith, Sustainability Coordinator
Chair Seph Murtagh called the meeting to order at 6:00 p.m.
1) Call to Order/Agenda Review
Due to the low number of people in attendance, public comment was done first.
2) Special Order of Business
a) Public Hearing – Street Level Active Use
Alderperson Brock moved to open the public hearing; Alderperson McCollister
seconded it. Carried unanimously.
Fay Gougakis stated that the bar situation is out of control and does not want more
traffic and businesses creating noise, etc. She further stated that the general public
especially those who live downtown don’t seem to matter to the City. Things don’t have
to be loud to be successful. The community that lives here matters.
Alderperson Brock moved to close the public hearing; Alderperson McCollister
seconded it. Carried unanimously.
Approved at the
January 13, 2016 PEDC Meeting
b) Presentation – Residential Energy Score Project
Emelie Cuppernell, Research Energy Score Right Performance Developments, Inc.,
presented the project to the committee.
The team was made up for five municipalities – City of Ithaca, Town of Ithaca, Town of
Ulysses, Danby, and Cayuga Heights. They plan to develop a local home energy
rating and disclosure program and implement in by March 2016.
Two national energy ranking systems will be used. The rankings are similar to an MPG
rating used for automobiles.
A technical advisory committee has been formed, and a legal review has been
performed.
The second draft of the project will be brought back to the committee in February 2016.
Public outreach will be done in January 2016.
Approved at the
January 13, 2016 PEDC Meeting
3) Public Comment and Response from Committee Members
Fay Gougakis, Commons, spoke on the light pollution on the Commons.
The bank has a huge billboard that lights up as well as store fronts and the holiday
decorations can be an issue for some people. Light issue is a big concern to her.
Monika Roth, 111 Worth Street, Cooperative Extension, is in favor of the backyard
chicken ordinance. She provided her comments in hard copy which are attached to
these minutes.
Thomas Shelley, 118 East Court Street, was happy with the information
Alderperson Martell presented.
Alderperson Brock stated she understands Fay’s concern.
4) Announcements, Updates, and Reports
In January, Lynn Truame will come in front of the committee regarding
affordable housing and inclusion and inclusive.
The home at Ithaca Falls will be assessed as to do next with it.
5) Action Items (Voting to Send onto Council)
a) Street Level Active Use – Resolution
This will be limited to the primary Commons, the State Street block, but not bank
alley.
Per Nels Bohn’s memo, he suggested other uses to be included.
Brock stated that in some states there is a type of saturated zoning that limits
the number of banks in close proximity.
After discussion, it was decided to keep Bank Alley in since that space may and
probably will change from banking to some other type of use in the future.
Philly DeSarno recommends a pilot program for a two-year time period and see
how it goes then decide whether to include or not include Bank Alley.
Approved at the
January 13, 2016 PEDC Meeting
JoAnn Cornish stated the City looked at limiting the number of tobacco type
shops.
Alderperson Murtagh asked the group whether we want to include the
suggestions in Nels’ letter.
McCollister moved to accept Nels’ recommendation to not include Bank Alley;
seconded by Alderperson Kerslick. All opposed. Carried unanimously.
Regarding the recommendation of the extension of the definition of active use
made by Nels Bohn, Jennifer Kusznir recommends at least adding light
fabrication, the first suggestion on Nels’ list.
Alderperson Kerslick stated his concern based on what happened to the
Collegetown store fronts – they were turned into student housing.
Alderperson Brock supports some of Nels’ recommendations. She doesn’t feel
that a radio and TV station don’t seem to be ‘active’ uses. She stated that she
would like to see Bank Alley remain in the ordinance.
Draft Resolution
12/4/15
An Ordinance Amending The Municipal Code Of The City Of Ithaca, Chapter 325,
Entitled “Zoning,” To Create a Requirement for Street Level Active Uses on the
Primary Commons – Declaration of Lead Agency
Moved by Alderperson McCollister; seconded by Alderperson Kerslick. Passed
unanimously.
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 an “Unlisted” Action pursuant to the
City Environmental Quality Review (CEQR) Ordinance, which requires environmental
review under CEQR; now, therefore, be it
RESOLVED, that the Common Council of the City of Ithaca does hereby declare
itself lead agency for the environmental review of the proposal to amending the
Municipal Code Of The City Of Ithaca, Chapter 325, Entitled “Zoning,” To Create
a Requirement for Street Level Active Uses on the Primary Commons.
Approved at the
January 13, 2016 PEDC Meeting
Draft Resolution
12/4/15
An Ordinance Amending The Municipal Code Of The City Of Ithaca,
Chapter 325, Entitled “Zoning,” To Create a Requirement for Street
Level Active Uses on the Primary Commons — Declaration of
Environmental Significance
Moved by Alderperson Brock; Seconded by Alderperson Kerslick.
Passed unanimously.
1. WHEREAS, The Common Council is considering a proposal to
amend the Municipal Code of the City Of Ithaca, Chapter 325,
Entitled “Zoning,” To Create a Requirement for Street Level
Active Uses on the Primary Commons, and
2. WHEREAS, the appropriate environmental review has been
conducted, including the preparation of a Full Environmental
Assessment Form (FEAF), dated October 26, 2015, and
3. WHEREAS, the proposed action is a “TYPE I” Action under the
City Environmental Quality Review Ordinance, and
4. WHEREAS, the Common Council of the City of Ithaca, acting as
lead agency, has reviewed the FEAF prepared by planning
staff; now, therefore, be it
1. 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 Short Environmental Assessment
Form, dated October 26, 2015, and be it further
2. RESOLVED, that this Common Council, as lead agency in this
matter, 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
3. 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.
Approved at the
January 13, 2016 PEDC Meeting
An Ordinance Amending The Municipal Code Of The City Of Ithaca,
Chapter 325, Entitled “Zoning,” To Create a Requirement for Street
Level Active Uses on the Primary Commons
Moved by Alderperson McCollister; seconded by Alderperson Martell.
Passed unanimously.
ORDINANCE NO. ____
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca that Chapter 325, Zoning, be amended as follows:
Section 1. Chapter 325 (“Zoning”), Section 325-8D.(“Zoning
Regulations-Additional Restriction in the CBD Districts”) of the
Municipal Code of the City of Ithaca is hereby amended to add a
new subsection 325-8D(3), that will establish a requirement for
active street level uses for any establishment that opens on to
the Primary Commons. Section 325-8D(3), shall read as follows:
325-8 D.
(3) All properties located in the CBD district that
contain a storefront that fronts on the Primary
Commons, must contain an active use on the street
level, for that portion of the building that fronts
onto the Primary Commons. Active uses are defined
as any of the following:
Retail Store or Service Commercial Facility
Restaurant, Fast Food Establishment, or
Tavern
Theater, Bowling Alley, Auditorium, or Other
Similar Public Place of Assembly
Hotel
Library or Fire Station
Public Park or Playground
Bank or Monetary Institution
Additional uses may be permitted if the Planning
and Development Board determines them to be an
active use and grants special approval for the
use.
Section 3. The City Planning and Development Board, the City
Clerk, and the Planning and Economic Development Division shall
Approved at the
January 13, 2016 PEDC Meeting
amend the District Regulations Chart to add street level active
uses as a requirement under the permitted primary uses, in
accordance with the amendments made by this ordinance.
Section 4. Severability. Severability is intended throughout and
within the provisions of this local law. If any section,
subsection, sentence, clause, phrase or portion of this local law
is held to be invalid or unconstitutional by a court of competent
jurisdiction, then that decision shall not affect the validity of
the remaining portion.
Section 5. Effective date. This ordinance shall take effect
immediately and in accordance with law upon publication of notices
as provided in the Ithaca City Charter.
Approved at the
January 13, 2016 PEDC Meeting
6) Action Items – Approval to Circulate
a) Changes to Exterior Property Maintenance Ordinance (EPMO)
Chair Murtagh reviewed the changes to this ordinance.
Changes include:
1) 24-hour warning period for violations related to litter, solid waste, and garbage
stored outside. Those signed up to the city’s email notification system would get
an email warning about an offense, and if the problem is fixed within 24 hours,
no ticket will be written. (This change does not apply to snowy sidewalks, which
must be cleared 24 hours after the snow begins to fall. This rule would stay in
effect).
2) Lower civil penalties for violations. Fines would be lowered across the board to
$25, $50, $100 (for 1st, 2nd, 3rd offense in a 6-month period) from the current rate
of $25, $50, $200, $300 (for 1st, 2nd, 3rd, 4th offenses in a 6-month period) for
garbage-related offenses and $40, $60, $100 (for 1st, 2nd, 3rd offenses in a 12-
month period) for snowy sidewalk violations.
3) Fines for lids off of garbage cans would be lowered to $20. This would not
escalate.
It was the agreement of the committee that the new fee scale and email notification
is a very good idea and was very long coming.
This also includes the storage of trash. It will be a 24-hour practice.
Alderperson Martell moved to circulate; seconded by Alderperson Kerslick. Passed
unanimously.
b) Planned Unit Development (PUD) – Waterfront
The study area for the comprehensive plan is the Waterfront area. What this
policy would do is determine that any new projects and proposals will follow the
Plan II of the comprehensive Plan.
Alderperson Kerslick asked what the scope of the study is.
JoAnn Cornish stated there is a great deal of time to determine what should be
included in the Waterfront Zone.
The PUD Ordinance would have to be amended to include this new zone.
Approved at the
January 13, 2016 PEDC Meeting
Alderperson McCollister stated this is a great recommendation and supports it
completely.
JoAnn Cornish stated we don’t want to limit development, but we do want to
have some control of what type of development is allowed.
A draft ordinance will be brought back in January and then the ordinance,
concept memo, and map will be circulated.
7) Discussion
a) Backyard Chickens
Alderperson Martell explained the research she gathered for the suggested
chicken pilot program. She worked closely with Mike Niechwiadowicz, Building
Division, regarding the inspection of the properties involved.
Alderperson Brock stated her opposition of including the ‘no slaughtering’
section.
Kerslick suggested we discuss the slaughter concern with Monika Roth at Coop
Martell will work with Mike N. and the attorney’s office to draft an ordinance and
bring it back in January or February.
8) Review and Approval of Minutes
a) October, November 2015
Alderperson McCollister moved to approve both sets of minutes; seconded by
Alderperson Brock. Passed unanimously.
9) Adjournment
All agreed to adjourn at 8:10 p.m.
Approved at the
January 13, 2016 PEDC Meeting