HomeMy WebLinkAbout07-10-13 Planning and Economic Development Committee Meeting AgendaPEDC Meeting
Planning and Economic Development Committee
Ithaca Common Council
DATE: July 10, 2013
TIME: 6pm
LOCATION:3rd floor
City Hall Council Chambers
AGENDA ITEMS
Item Voting
Item?
Presenter(s) Time
Start
1) Call to Order/Agenda Review
2) Special Order of Business
a) Presentation on Design Guidelines for Historic
Districts
3) Public Comment & Response from Committee
Members
4) Announcements, Updates, & Reports
5) Action Items – Voting to Send on to Council
a) Minor Amendment to Site Plan Review
Ordinance – Bike Regulations (attached)
6) Action Items – Approval to Circulate
a) Minimum Floor Heights (to be sent under
separate cover)
b) District Heating (attached)
7) Discussion
a) Planning Department Budget Priorities
8) Review & Approval of Minutes (no minutes to
approve)
9) Adjournment
No
No
No
No
Yes
Yes
Yes
No
No
Yes
Chair, Seph Murtagh
Lynn Truame, Planning Staff
All
Lisa Nicholas, Planning staff
Jennifer Kusznir, Planning staff
Jennifer Kusznir, Planning staff
All
6:00
6:05
6:15
6:50
7:00
7:15
7:30
8:00
8:25
8:30
Committee Charge: Review issues pertaining to planning, housing, land use, zoning, historic preservation, neighborhood
initiatives, building codes and processes, and economic development.
If you have a disability and require accommodations in order to fully participate, please contact the City
Clerk’s Office at 274-6570 by 12:00 noon on Tuesday, July 9, 2013.
To: Planning and Economic Development Committee
From: Lisa Nicholas, Senior Planner
Date: July 1, 2013
Re: Revised Proposed Minor Non‐Substantive Site Plan Review Ordinance Amendment
On November 7, 2012, Common Council adopted a revised Site Plan Review Ordinance.
Mistakenly, the newly adopted ordinance omitted a section regarding required bike parking
regulations and landscaping in parking areas (that had been added in 2010, and have been
enforced since that time). Enclosed, please find a revised draft ordinance that incorporates the
mistakenly omitted language .
The City attorney has advised that the Site Plan Review Ordinance may be clarified to re‐
incorporate the bike parking and landscaping language that was never intended to be deleted.
Given that the intention of the ordinance includes mandated provisions for bike parking and
parking lot landscaping, and that omitted regulations are currently being enforced through the
site plan review process, the City attorney has advised that this is a non substantive change and
can be put through an expedited process. The expedited process requires action by the
Common Council, but does not require an environmental review or a public hearing.
If you have any questions, feel free to contact me at 274‐6557.
CITY OF ITHACA
108 East Green Street — 3rd Floor Ithaca, New York 14850-5690
DEPARTMENT OF PLANNING AND DEVELOPMENT
JOANN CORNISH, DIRECTOR OF PLANNING & DEVELOPMENT
PHYLLISA A. DeSARNO, DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT
Telephone: Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6559
Email: dgrunder@cityofithaca.org Email: iura@cityofithaca.org
Fax: 607-274-6558 Fax: 607-274-6558
Item # 5 a
Proposed Minor Amendment to SPR Ordinance
July 2, 2013
§ 276-1. Intent.
The intent of this chapter is to provide for the review of site plans for certain land uses in
the City of Ithaca for the purpose of:
A. Preserving and enhancing neighborhood character.
B. Achieving compatibility with adjacent development and uses.
C. Mitigating potentially negative impacts on traffic, parking, drainage, the landscape
and similar environmental concerns.
D. Improving the design, function, aesthetics and safety of development projects and the
overall visual and aesthetic quality of the city.
E. Promoting environmental sustainability in new development, redevelopment and long
term planning.
§ 276-2. Definitions.
A. Definitions of specific terms or words as used in this chapter shall conform to the
definitions of the same terms in the Zoning Ordinance, Chapter 325, § 325-3.
B. In addition to the definitions in Chapter 325, the following terms shall be used in this
chapter as they are defined in this section:
AFFECTED SITE AREA -- Any area (including new and modified gross floor space)
that is physically changed as a result of the proposed development. Such changes do
not have to be permanent or irreversible for the area to be considered affected. For
example, a construction staging area will be considered an affected area if tree
damage or significant soil compaction is likely to result.
BICYCLE PARKING FACILITY -- includes the bicycle parking spaces, one or more
bicycle racks, and, when applicable, the access aisle(s) between groups of bicycle
racks. Bike lockers and other secure, enclosed areas that can accommodate bicycle
storage may be considered bicycle parking facilities. “Bicycle parking space” refers
to a location for which the parking of one bicycle is intended. A ‘bicycle rack’ is an
element of the bicycle parking facility that supports one or more bicycles and to
which one or more bicycles may be locked.
BOARD -- The Planning and Development Board, unless otherwise specified.
COMMISSIONER -- The Building Commissioner for the City of Ithaca, New York.
Item # 5 a
DEVELOPMENT -- Any land use activity or project which requires a permit from
the Building Department and will result in changes to the physical condition,
appearance or type of use, or intensity of use, of property.
(1) Development projects include but are not limited to:
(a) New construction, reconstruction, modification or expansion of existing
structures or site improvements.
(b) Landfilling, excavation, grading, parking lot construction or any other
disturbances to the natural or existing topography or vegetation of the site.
(c) Demolition of structures or site improvements.
(2) A project shall not be considered a development if it is one or a combination of
the following:
(a) Replacement in kind only; or
(b) Interior construction only; or
(c) Infrastructure maintenance only.
DIRECTOR -- The Director of Planning and Development for the City of Ithaca,
New York or his/her designee.
EXPANSION -- An enlargement of, or addition to, an existing structure or a paved
area, including driveways, parking areas and sidewalks.
MODIFICATION -- Rearrangement of site layout or an exterior alteration to an
existing structure (including any changes to a building facade, except replacement in
kind).
PERFORMANCE GUARANTY -- Any security that may be accepted by the city as a
guarantee that the improvements required as part of site plan approval will be
satisfactorily completed.
RECONSTRUCTION -- Construction of buildings or site plan improvements
following total demolition of a previous development.
REPLACEMENT IN KIND -- Replacement of materials (for maintenance purposes)
which does not have an effect on the appearance of the existing building and site.
SITE IMPROVEMENT -- Features including but not limited to planting, paving,
retaining walls, drainage culverts and swales, fences and gates, lighting, site furniture,
fountains, pools, bridges, dams, decks, boardwalks, pergolas, signs and any other
accessory structures, devices or landscape materials on the site.
Item # 5 a
SITE PLAN -- The development plan showing the existing and proposed conditions,
including but not limited to topography, vegetation, drainage, floodplains, marshes
and waterways; open spaces, walkways, means of ingress and egress, utility services,
landscaping, structures and signs, lighting and screening devices; submitted along
with building plans, elevations and building materials; and any other information that
may be reasonably required to allow an informed decision to be made by the Board or
the Director.
STORM WATER POLLLUTION PREVENTION PLAN (SWPPP) –A plan to
identify and mitigate stormwater impacts as defined in Chapter 282.
§ 276-3. Applicability; exceptions.
A. General applicability.
(1) Site plan review (SPR) applies to all new construction and reconstruction of both
residential and non residential development (except that excluded by §276-3C),
including parking areas of three or more spaces in residential zoning districts.
(2) Upon the concurrence of the Director and the Superintendent of Public Works or
upon the direction of Common Council, site plan review (SPR) applies to
construction of landscape and infrastructure improvements which do not normally
require a building permit, but nervertheless have an extensive public use,
prominent visibility, or a potentially large environmental impact, such as
construction of trails or trailheads, development of, or improvements to, existing
parks; construction or reconstruction of bridges; and rebuilding of public or
private streets that involve streetscape improvements.
B. Projects of limited scope.
(1) The Director shall have the authority to review and act on a development
proposal if the proposed project meets the description in § 276-3A but is below
the thresholds described below. For such projects of limited scope, reviewed by
the Director, a public hearing is not required. The Planning and Development
Department shall be the lead agency in the environmental review of such
projects, except for projects that meet the description in § 276-3A(2), which shall
follow environmental review laws or regulations for determination of lead
agency. There shall be no requisite review of the environmental assessment
forms (EAF) by the Conservation Advisory Council (CAC) in these cases. See §
276-5C for situations when projects of limited scope will be referred to the
Board for a full review. The upper thresholds for projects of limited scope are:
(a) All new construction and reconstruction of single-lot residential development
of a single-family detached or semidetached dwelling or a two-family
dwelling.
(b) Modification and expansion of residential development involving 4,000
square feet (sf) or less of total affected site area.
Item # 5 a
(c) New construction, reconstruction, modification or expansion of
nonresidential development in residential zones involving 3,000 sf of total
affected site area.
(d) Modification and expansion of nonresidential development in nonresidential
zones, involving 10,000 sf of total affected site area.
(e) Construction of landscape and infrastructure improvements as described in §
276-3A(2).
(2) When an application is received for site plan review under the provisions for
projects of limited scope as noted above, the Director shall, within 10 working
days of the date of the submission of the application, notify the Council members
in whose ward the project is to be located.
C. Exemption:
(1) Existing uses and developments which in their present configuration and use are
legally authorized as of the date of this legislation shall not be subject to SPR.
(2) Exterior modifications to an existing single-lot residential development of a
single-family detached or semidetached dwelling or a two-family dwelling,
including additions, porches, façade changes, landscaping and site improvements,
excluding the development of parking areas for 3 or more cars as required under
§325-20.
D. City and other government projects. For city and other government projects, the
threshold of applicability, the review procedure and the review criteria shall be the
same as for all SPR applicants unless the Common Council decides that any
particular government project shall be reviewed on an advisory basis only. However,
even if a project is subject to advisory review only, no construction shall begin until
the Board or the Director has completed the review, including the issuance of any
findings and recommendations that the Board or the Director determines to be
appropriate. Projects subject to advisory SPR only shall be presented to the Board for
review beginning as early as possible, and in any case no later than when the
environmental review is started. The Board may or may not be the Lead Agency of
the environmental review of projects subject to advisory SPR only.
§ 276-4. Other permits and approvals.
An approved site plan shall be binding on all further permits and approvals needed for the
project. The Board or the Director's decision to approve a site plan does not excuse an
applicant from complying with all other permits and approvals that may be needed,
including but not limited to street and sidewalk permits, utility permits and tree permits.
A. Permits from Building Department. For projects subject to SPR, a permit from the
Building Department shall be issued only after SPR approval has been granted. In a
case where a conditional SPR approval has been given, no certificate of occupancy or
Item # 5 a
completion shall be issued until final SPR approval has been given and all conditions
of such final approval have been met. See also § 276-9.
B. Variances.
(1) Any required variance must be obtained from the Board of Zoning Appeals
before the Planning Board will issue preliminary or final site plan approval.
(2) For projects that require both a variance and site plan approval, the Planning
Board will act as Lead Agency in the environmental review for both actions.
The BZA cannot grant a variance until the the Planning Board has completed
the environmental review.
C. Storm Water Pollution Prevention Plans (SWPPP). All Storm Water Pollution
Prevention Plans must be approved by the Stormwater Management Officer (SMO) in
accordance with §282 before final site plan approval is granted.
§ 276-5. Authorization to review site plans.
A. The Planning and Development Board is authorized to conduct SPR according to the
procedures described in § 276-6.
B. The Director is authorized to conduct SPR of projects of limited scope as defined in §
276-3B.
C. In projects of limited scope the Board shall conduct SPR according to the procedures
described below in § 276-6, when the following conditions arise:
(1) There is public controversy concerning the proposed development, as determined
by the Board or the Director.
(2) The application is referred to the Board by the Director.
(3) The applicant appeals to the Board after decision by the Director is made.
§ 276-6. Site plan review (SPR) procedures.
A. Process initiation.
(1) The Building Commissioner shall determine whether SPR is required when an
application for a building permit, a demolition permit, or a fill permit is filed.
Such determinations may be appealed to the Planning and Development Board
within 30 days of the written notification that SPR is required.
(2) For projects which do not require a building permit, as described in § 276-3A
(2), the Director may request of the Superintendent of Public Works that a
project be subject to SPR. If the Superintendent and Director concur, then the
project shall be subject to SPR. If they do not agree, the Director may request
that Common Council decide if SPR shall apply. The Director shall, in
accordance with § 276-5C, determine if the project requires review by the Board.
Item # 5 a
B. The following procedures are required for both full site plan review and projects of
limited scope:
(1) Sketch plan conference with planning staff, or when appropriate, with the Board
as a whole. This step may occur before the application for a building permit if it
can be reasonably assumed that SPR would be required, in order to inform the
applicant of the SPR process and to explain the standards for approval, before
substantial time and effort are invested in the preparation of plans. The Director
should determine at this stage whether the proposal is a project of limited scope
as defined in § 276-3B.
(2) Submission of application materials.
(a) Appicants must submit a complete site plan review application, including all
applicable materials as described in the Site Plan Review Checklist, which
may be obtained from the Department of Planning and Development.
(b) Additional application materials may be required by the Board. Depending
on the scope and complexity of the project, the Board has the discretion to
require applicants to engage the services of licensed design professionals
and other experts such as architects, landscape architects, engineers,
ecologists or surveyors.
(c) For all new construction and reconstruction of single-lot residential
development of a single-family detached or semidetached or a two-family
dwelling, applicants must complete the Residential Infill Neighborhood
Compatibility Review Application, which may be obtained from the
Department of Planning and Development
(3) Environmental review. An environmental review of the proposed development
shall be conducted prior to SPR approval in accordance with § 176 of the City
Code.
C. The following procedures are required for full Site Plan Review and not required for
projects of limited scope:
(1) Public notice
(a) By mail. At least 20 days before the first meeting at which the
Planning and Development Board considers either a determination
of environmental significance or preliminary site plan approval, the
applicant shall notify the record owners by mail of all properties
within 200 feet of the project site. Such notice shall be in the form
approved by the Board, briefly state essential facts about the
proposal, include the proposed site plan, and inform recipients of
the date, time and place of the meeting and the place where further
information about the proposal and the review process may be
Item # 5 a
obtained. Applicant shall provide the Board with certification of
compliance for notice procedures.
(b) By posting. At least 20 days before the first meeting at which the
Planning and Development Board considers either a determination
of environmental significance or preliminary site plan approval, the
applicant shall post a sign at the center of each property line of the
project site which fronts on a public or private roadway or public
right-of-way. Such signs shall be continuously maintained and
displayed facing the roadway until final action has been taken by
the Board to approve or deny the site plan. The required signs shall
be obtained from the Department of Planning and Development,
and a nonrefundable fee shall be paid for each sign or replacement
obtained. At the time such signs are obtained, the applicant or the
applicant's representative shall indicate, in writing, the date on
which the signs are to be erected.
(c) By newspaper. The hearing on the preliminary site plan shall be
advertised in a newspaper of general circulation in the city at least
five days before the hearing.
(2) Coordination and consultation. SPR projects requiring the review and
approval of the Board may also be reviewed by the Building Department,
the Engineering Office, the Fire Department, the City Forester and any
other city officials or non-city consultants deemed appropriate by the
Planning Board or the Director. Any comments from these reviewers
shall be summarized and forwarded to the Board to aid its decision on the
proposal.
(3) Planning and Development Board meeting. Following timely receipt of a
complete application for site plan approval, the Board shall schedule
consideration of the application at its earliest possible scheduled meeting.
The Board may establish its procedures and requirements, within the
framework provided by this chapter, for conducting site plan review.
(4) Public hearing. Prior to rendering any decision on a SPR application, the
Board shall first hold a public hearing on the proposed development.
This may begin concurrently with any required public hearing for the
purpose of environmental review of the same project and may continue
after any such environmental review public hearing is closed. Public
hearings are not required for projects of limited scope as defined in §
276-3B, unless the project is referred to the Board for SPR
(5) Action on application for site plan approval.
Item # 5 a
(a) Within 65 days after completion of environmental review on a
complete SPR application, the Board (or the Director if it is a project
of limited scope as defined in § 276-3B) shall render one of the
following decisions:
[1] Preliminary approval only.
[2] Preliminary approval with conditions.
[3] Preliminary and final approval.
[4] Preliminary and final approval with conditions.
[5] Disapproval of the site plan.
(b) In the case where a Board's action is required and where preliminary
approval only is granted, final approval shall be considered at the
earliest scheduled Board meeting subsequent to the applicant's
submittal of an adequately revised site plan, whereupon the Board
shall render one of the following decisions:
[1] Final approval.
[2] Final approval with conditions.
[3] Disapproval of the site plan.
(6) Communication of decision. The Building Commissioner and the
applicant shall be notified, in writing, of a site plan review decision no
later than 10 working days after the date of decision. When a site plan is
approved, a stamped copy of the approved site plan, including any
conditions of approval, shall accompany the notification to the Building
Commissioner.
D. Changes to approved site plan. Proposed changes (whether before or after
construction) to approved site plans must be submitted to the Commissioner for
review to determine whether the effect of the proposed changes warrants
reconsideration of the project's approval status. The Commissioner in consultation
with the Director shall make one of the following determinations:
(1) That the proposed changes do not affect the approval status of the site plan.
(2) That the changes are significant and shall require a reopening of the review.
(3) That the proposed changes are likely to have such an extensive or significant
effect on the project that a new SPR application is required.
E. Extension of deadlines. All deadlines for decisions on an SPR application may be
extended upon mutual agreement by the Board and the applicant.
Item # 5 a
§ 276-7. Project review criteria.
A. General criteria:
(1) Avoidance or mitigation of any negative impacts. The following shall be
emphasized in particular:
(a) Erosion, sedimentation and siltation control in accordance with §282 of the
City Code.
(b) Protection of significant natural features and areas, including but not limited
to trees, views, watercourses or bodies of water and land forms, on or near
the site. The protection of existing mature vegetation, especially trees over
eight inches DBH (diameter-breast-height) may be required unless a
justification for their removal can be made by the applicant.
(c) Protection of, and compatibility with, other nearby features and areas of
importance to the community, including but not limited to parks, landmarks,
neighborhoods, commercial areas, and historic districts.
(2) Compliance with all other regulations applicable to the development. These
include, but are not limited to, the Zoning Ordinance, Sign Ordinance,
Subdivision Regulations, Storm Water Regulations Ordinance, Landmarks
Preservation Ordinance, Exterior Property Maintenance Ordinance and
Environmental Quality Review Ordinance of the City of Ithaca,iEN and the State
Environmental Quality Review Act.ii[Amended 6-13-2001 by Ord. No. 2001-8]
(3) Improvement of the visual quality of the site and its vicinity through:
(a) The presence of a perceivable form and order in the basic layout of the major
architectural and landscape elements.
(b) The proper and effective use of landscape architectural elements such as
plantings, land forms, water features, paving and lighting, including the
location and appearance of proposed signage. [Amended 3-5-2003 by Ord.
No. 2003-8]
(c) An appropriate arrangement, form, scale, proportion, color, pattern and
texture of buildings and other site improvements.
(d) An appropriate relationship between the proposed development and the
nearby streetscape, landscape, and the built environment.
(e) The integration of works of art on the site where appropriate and possible.
[Added 3-5-2003 by Ord. No. 2003-8]
(f) The appropriate arrangement of landscape and architectural elements to
preserve existing views both to, from and through the site.
Item # 5 a
(4) Adequate wastewater and sewage disposal facilities. Calculations of the
existing and estimated increased loads on the system may be required.
(5) Adequacy of fire lanes and fire and emergency access and the availability of
fire hydrants.
(6) Safe arrangement of vehicular access, circulation, intersections and traffic
controls. Analysis of the project's impact on parking and traffic may be
required, including sight lines at curb cuts.
(7) Handicap accessibility of buildings, pathways and parking in accordance with
ADA standards.
(8) Safe and convenient pedestrian and bicycle access and circulation, including
provision for of bicycle parking facilities and sidewalks along public streets,
unless applicant demonstrates that a sidewalk is not feasible due to site
constraints. This criterion is subject to the authority of the Board of Public
Works as defined in the City Charter and City Code.
(9) Open space for play areas and informal recreation in the case of a residential
development.
(10) Provisions for energy efficiency, renewable energy, and green design as
determined by the Board
(11) Conformance to any endorsed or adopted urban design plan or comprehensive
plan relevant to the proposed site.
(12) For new construction of multiple dwellings, commercial buildings and office
buildings, adequate and appropriately located facilities for the storage and
collection of solid waste and recyclable materials shall be required.
Developers of new commercial and mixed-occupancy buildings must design a
waste management system that can support the needs of any allowable use in
the building, including those uses that could result in maximum garbage
generation. Screening of these facilities, as well as other actions relating to the
appearance of the facilities, may be required in accordance with the Exterior
Property Maintenance Ordinance, §178 of the City of Ithaca Municipal Code.
[Amended 6-13-2001 by Ord. No. 2001-8; 3-5-2003 by Ord. No. 2003-8]
(13) Shielding or reduction of noise from mechanical equipment and other sources
to the extent reasonably practicable.
(14) Screening or architectural integration of a building’s or structure’s exterior
mechanical equipment.
Item # 5 a
(15) The scope and definition of the proposed development shall include all
previous development on the property occurring within the past two years
within 200 feet of the proposed development which, when considered
together, may have a substantial aggregate effect on the surrounding
properties. (See definitions of "development" and "affected site area" in §
276-2B.)
B. Criteria for plant materials and maintenance. All projects shall provide for adequate
types and arrangements of landscaping, both to enhance the site and to complement
the architectural components of the development and to screen or buffer adjacent uses
in public ways. Use of invasive species should be avoided. Where possible and
reasonable, trees shall be planted in an 8’ tree lawn adjacent to the road. The City
Forester shall, when appropriate, be consulted regarding specifications governing tree
species, size, spacing and method and location of planting. Appropriate guaranties
for tree health may be required. Where possible and reasonable, any trees greater
than 8 inches in diameter at breast height of desirable species and in good health and
sound structure, as determined by the City Forester, should be retained on the site and
protected during development per the requirements of § 306-7B Trees and Shrubs.
(1) Deciduous trees shall have a caliper of at least 2 1/2 inches at breast height (DBH)
at the time of planting. Size of evergreen trees and shrubs may vary depending on
location and species.
(2) All plant materials shall be installed to the following standards:
(a.) All planting beds to be excavated to a minimum depth of two feet.
(b.) Tree pits in lawn to be excavated to depth of root ball plus 6” and shall be
3X the width of the root ball.
(c.) All trees in lawn areas to receive 5’ diameter mulch rings.
(d.) Only nursery-grown plant materials shall be acceptable. All trees, shrubs
and ground cover shall comply with applicable requirements of ANSI
Z60.1 “American Standard for Nursery Stock”.
(e.) No plants or trees shall be located beneath building overhangs.
(f.) Depending on site design and soil conditions, structural soil may be
required under sidewalks and in planting beds contiguous to paved areas.
The City Forester and/or the Director shall work with the applicant to
determine the need for structural soil and the extent of its use.
(3) Dead, dying and/or seriously damaged plant materials of the approved site plan
shall be replaced, by the owner, within a reasonable time period during the current
(or immediate next) planting season. Any other damaged or missing elements,
including but not limited to fences, bollards, signs, shrubs, street furniture, etc., of
Item # 5 a
the approved plan must be similarly replaced by the owner. This will assure that
landscaping remains in compliance with the final site plan as approved by the
Planning and Development Board.
(4) For projects on City property, the City Forester and the Shade Tree Advisory
Committee shall be consulted in plant species selection and planting soil
specification.
(5) Notwithstanding any provision in this chapter or any other City ordinance or
regulation to the contrary, an approved site plan may not be modified without
express written approval of the Planning and Development Board except as
approved by the Building Commissioner upon consultation with the Director as
specified herein above.
C. Criteria for automobile parking areas. All parking areas shall be designed in
conformance with §325.20 of the City Ordinance. The Board may make such
additional reasonable stipulations as it deems appropriate to carry out the intention of
this chapter. (
(1) Parking areas in Residential Zoning Districts. In order to protect the
character of residential areas, plans for parking areas with the capacity of
three or more cars within residential zoning districts must conform to
either the setback compliance method or, at the discretion of the Planning
Board, the landscaping compliance method described respectively in
§ 325-20E(5)(a) and (b). Such plans must also comply with all other
general and specific standards of § 325-20. Where turnarounds, or other
maneuvering spaces not required for access to parking spaces, are
provided that meet minimum size for a parking space, they shall be
counted as a parking space for the purposes of this subsection.
(2) There shall be screening with a minimum five-foot-wide planting area or
fences between a motor vehicle parking area and adjacent properties and
public ways, except where there is motor vehicle parking that is shared by
more than one property or where commercial properties abut. In such
cases the Board may require landscaping as it deems appropriate.
(3) In motor vehicle parking areas a minimum of 12% of the interior ground
area (i.e., excluding any peripheral planting area) shall be planting areas
that include trees with a potential mature height of at least 50 feet and a
caliper of at least 2 1/2 inches at the time of planting.
(4) Interior planting areas shall be a minimum of 80 square feet with no
dimensions being less than eight feet. The planter shall be curbed and have
a minimum three-foot-deep excavation.
(2)(5) Applicants are encouraged to design parking areas with pervious
paving when feasible.
Item # 5 a
D.D. Criteria for Bicycle parking facilities. Bicycle parking shall be required for all
uses requiring site plan review as per § 276-3(A)(1) except as may be determined
by the Board or the Transportation Engineer. Covered bicycle parking is strongly
recommended. The Planning and Development Board may make such additional
reasonable stipulations as it deems appropriate to carry out the intention of this
chapter. The Planning and Development Board shall use the following standards
in its consideration of the location and the type/design of bicycle parking
facilities.
(1).Standards for the number of bicycle parking spaces to be provided for various
uses. See chart below.
Use
Bicycle Parking Space Standards 1,2,3
Adult day-care home or group
adult day-care facility 1 for client use, plus 1 per 20 employees4
Dormitory 1 per 5 persons housed (6 min.)
Dwelling unit 1 per 5 bedrooms or sleeping rooms (single
family and duplex encouraged but excepted)
Fraternity, sorority or group
house 1 per 5 persons housed (2 min.)
Rooming or boarding house 1 per 5 sleeping rooms (2 min.)
Auditorium or theater 1 per 50 seats (4 min.)
Bar, tavern or restaurant 1 per 500 square feet of net floor area of the
assembly space (2 min.)
Bed-and-breakfast home or
bed-and-breakfast inn 1 per 10 sleeping rooms (2 min.)
Bowling alley 1 per 2 bowling lanes
Church, funeral home or
mortuary
2 min. (spaces for 2% of expected attendance
recommended)
Fitness center or health club 1 per 20 persons allowed as determined by the
maximum occupancy load (6 min.)
Home occupation requiring
special permit none
Hospital or nursing or
convalescent home 1 per 20 employees4 (6 min.)
Hotel or motel 1 per 20 employees4 (6 min.)
Medical or dental office 1 per 2500 square feet of net assignable floor area
(2 min.)
Nursery school, child day-care
center or private elementary or
secondary school
1 per 20 employees4 plus 1 per 20 pupils enrolled
(4 min.)
Office or bank 1 per 2500 square feet of net assignable floor area
(4 min.)
Item # 5 a
Retail store or neighborhood
commercial facility
1 per 2500 square feet of net assignable floor area
(2 min.)
Wholesale or industry 1 per 30 employees4 (2 min.)
Boat launch 4 min.
Boat storage or repair 4 min.
Boatel 4 min.
Marina 4 min.
Yacht club 4 min.
Human service agencies and
centers [Added 6-5-1996 by
Ord. No. 96-9]
1 per 2500 square feet of floor area (4 min.)
Other uses not listed above
Whichever is greatest: 1 per 20 employees4 OR 1
per 2500 square feet OR 1 per 10 motor vehicle
spaces (2 min.)
NOTES (on chart):
1. In the case of mixed use of a building or property, the bicycle parking space standards shall be
computed for each use, and the total for all uses shall be provided in accordance with this
section.
2. The Planning and Development Board may, upon consideration of relevant factors, including
but not limited to, the easy availability of adequate proximate bicycle parking or the
expectation that a lesser number of bicycle parking spaces will meet the parking needs of the
use, determine that a lesser number of bicycle parking spaces is appropriate.
3. Bicycle parking facilities may be located inside or outside of structures.
4. Calculation to be based on the number of employees during the maximum work shift.
(2) Location of bicycle parking facilities.
(a) Bicycle parking facilities should be located close to building entrances, and should be
located at least as close and convenient to building entrances as the nearest non-
handicapped motor vehicle parking space. Bicycle parking facilities to be in a public
right of way shall require approval by the Office of the City Engineer & the Board of
Public Works.
(b) Bicycle parking facilities that are not located within a building shall be located in highly
visible and well-lighted areas to minimize theft and vandalism.
(c) Bicycle parking facilities shall not intrude into pedestrian or vehicular circulation paths.
(d) At least 25% of a bicycle parking facility intended primarily for residential uses shall be
located within a garage and other secure indoor or covered areas.
(e) Bicycle parking facilities shall be covered or otherwise protected from the elements
whenever practical; especially where long-term (over 4 hours) residential and/or
employee parking is anticipated.
(f) A minimum clear distance of 24 inches shall be between bicycle racks and walls, other
obstructions, and/or any unpaved surface. Vertical clearance of seven feet minimum is
required for all bicycle parking facilities. There shall be a convenient, paved access route
between the roadway network and the bicycle parking area. (For example, bicyclists
shall not be required to cross lawns or carry bicycles up stairways to reach bicycle
parking facilities.)
(3). Type/design of bicycle parking facilities.
Item # 5 a
A. Bicycle parking facilities shall be designed in such a way so as to accommodate a
standard bicycle (six feet in length, minimum). An eight-foot-long parking space is
highly recommended to account for irregularly parked bicycles.
B. Bicycle racks shall be securely anchored to concrete. The entire footprint of the bicycle
parking facility shall be constructed of concrete. (Asphalt, brick, or other durable surface
may be acceptable at the discretion of the Planning and Development Board.) The
footprint shall be as level as practical.
C. Bicycle racks should be the standard “inverted-U” rack design, approximately 36 inches
high and with vertical elements 20 to 30 inches apart. When multiple “inverted-U” racks
are grouped together, they shall be oriented parallel to one another and should be spaced
30 inches on center (exceptions for spacing as narrow as 24 inches on center and as wide
as 36 inches on center shall be allowable in some instances at the discretion of the
Planning and Development Board). Though the standard “inverted-U” rack design is
highly recommended, other innovative and/or creative rack designs may be allowed at the
discretion of the Planning and Development Board.
D. Bicycle racks shall support the frame of each bicycle in TWO or more places, separated
horizontally by 20 to 30 inches. (Designs that support bicycles by one wheel only, or at
only one point of the bicycle, are NOT acceptable.)
E. All rack designs shall permit the appropriate use of standard “U”-locks.
F. Enclosed bicycle parking facilities, such as bike lockers and indoor storage rooms, do not
necessarily require the inclusion of a bicycle rack element, depending on the design of
the facility. Such enclosed facilities shall be lockable and otherwise secure.
(4). Variations and exemptions to bicycle parking standards.
A. Any property owner required to provide bicycle parking may propose to establish a
shared bicycle parking facility with an adjacent property owner to meet the combined
standards. Such a proposal requires approval by the Planning and Development Board.
B. Possible variation from above standards under site plan review. The Planning and
Development Board may, at its discretion, allow variations from the above standards.
Item # 5 a
§ 276-8. Fees.
A. Application fees. The application fees shall be based on the total construction, site
work, and landscaping cost and shall be charged in accordance with the following
schedule.
Type of Approval Project Cost Application Fee
Less and $10,000 $75
$10,000 to
$50,000
$150
$50,000 to
$100,000
$300
Full Site Plan Review
Over $100,000 $1.50 per $1,000
Less than $50,000 $150 *Modified Site Plan
Review $50,000 or more $250
Limited Site Plan
Review
Any Amount $50
*The Fee Schedule for Modified Site Plan Review applies only to modifications to the approved
site plan that do not trigger reconsideration of the determination of environmental significance.
Modifications that require additional environmental review shall follow the fee schedule for Full
Site Plan Review .
B. Payment of Fees. For site plan review projects that require a use or area variance
from the BZA, 50% of the fee is due at the time of application and 50% is due
after the Planning Board completes environmental review. For all other projects,
the full fee is due at the time of application.
C. For all government projects and projects that fit the description in Section 276-
3A(2), the site plan review fee shall be waived.
§ 276-9. Performance guaranty.
No certificate of occupancy or certificate of completion shall be issued until all
improvements required by site plan approval are installed, and including any conditions
placed on such approval are fulfilled, or until a sufficient guaranty, in the form of a
performance bond, letter of credit or other security, is in place. The Building
Commissioner shall be responsible for the overall inspection of site improvements.
§ 276-10. Expiration of approval; extension of approval. [Amended 12-12-2001 by
Ord. No. 2001-12]
Item # 5 a
If the construction of a development has not commenced within two years of the date of
the site plan approval, such approval shall expire, unless an extension has been granted
by the Board following a written request by the applicant. An application for an extension
of SPR approval shall not be considered a new SPR application. This regulation does not
apply to government projects and projects that fit the description in Section 276-3A(2).
§ 276-11. Enforcement; inspections; penalties for offenses.
Development projects may be periodically inspected for conformance to the approved
site plan, including the maintenance of the viability of the planting required as part of the
site plan approval. If there is nonconformance, or if any conditions of SPR approval are
not fulfilled, no certificate of occupancy or certificate of completion shall be issued.
Where a development reverts to nonconformance after the issuance of a certificate of
occupancy or certificate of completion, current owners of the development shall be
notified, in writing, and given the opportunity to correct the situation. If the Director
determines that the corrective measures are inadequate, the city shall implement any
necessary changes to the site to bring it into conformance, the cost of which shall be
charged to the property owner. In addition, a fine of $50/day may be imposed for any
violations of the provisions of this chapter or of any conditions imposed by a permit
issued pursuant to site plan approval. Development projects shall be inspected at least
once two years after the issuance of a certificate of occupancy or certificate of
completion.
§ 276-12. Appeals.
A. The determination (by the Building Commissioner) of whether a development
proposal is subject to SPR may be appealed to the Board within 30 days of the written
notification that SPR is required.
B. Any person aggrieved by any decision of the Director may appeal to the Board.
C. Any person aggrieved by any decision of the Board, or any officer or agency of the
city, regarding SPR, may apply to the Supreme Court for review by a proceeding
under Article 78 of the Civil Practice Law and Rules.
§ 276-13. Severability.
If any section, paragraph or provision of this chapter shall be determined to be invalid,
such invalidity shall apply only to the section, paragraph or provision adjudged invalid,
and the rest of this chapter shall remain valid and effective.
Item # 5 a
To: Planning and Development Committee Item # 6a
From: Jennifer Kusznir, Economic Development Planner
Date: June 27, 2013
RE: Proposal to Amend Downtown Zoning Districts – Minimum Floor Heights
The purpose of this memo is to provide information regarding a proposal to amend the downtown zoning
districts.
Last month, Common Council adopted revisions to the downtown zoning districts. One of the adopted
amendments included establishing the new CBD-50 zoning district. This district established a maximum
building height of 50 feet and also included language establishing a minimum story height of 10 feet per
story. The minimum story height was included in order to prevent developers from trying to get more
stories under the maximum building height restriction, thereby resulting in poor building construction. It
was the recommendation of the zoning working group that this minimum story language be applied to all
CBD zoning districts, however, the adopted revisions only included this language for the CBD-50 district.
If the Committee is in agreement, then staff will draft an ordinance which will establish a
minimum 10 foot story height for all CBD districts and will draft an environmental review of this
action and circulate it and return next month with any comments that are received. If you have
any questions, feel free to contact me at 274-6410.
CITY OF ITHACA
108 East Green Street — 3rd Floor Ithaca, New York 14850-5690
DEPARTMENT OF PLANNING AND DEVELOPMENT
JOANN CORNISH, DIRECTOR OF PLANNING & DEVELOPMENT
PHYLLISA A. DeSARNO, DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT
Telephone: Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6559
Email: dgrunder@cityofithaca.org Email: iura@cityofithaca.org
Fax: 607-274-6558 Fax: 607-274-6558
1
TO: Planning & Economic Development Committee Item # 6 b
FROM: JoAnn Cornish, Director of Planning, Building, and Economic Development
DATE: July 3, 2013
RE: Proposal to allow District Heating in all CBD Zoning Districts
For the past several years, there has been discussion and interest in a creating a district energy
program for downtown Ithaca. The Downtown Ithaca Alliance has endorsed and supported this effort
and is looking to the City to help in this endeavor. Energize Ithaca, a local LLC is working with
Center Ithaca to be its first proto-type facility and is actively working with other development
projects, including the Harold’s Square and the Marriott Hotel project.
Ideas for district heating have changed substantially over the past few years from a single
comprehensive district system serving a large area, to a series of smaller systems that are able to
service a limited number of nearby or contiguous buildings. Fuel sources for district heating can be
from coal, natural gas, nuclear energy, geothermal, solid biomass (including, grass, straw,
willow…etc.), wind, solar, and hydro. Currently, the proposal for downtown projects is to use
natural gas as a fuel source, eliminating the need for other types of fuel or biomass transport and
storage. The natural gas will fuel turbine engines, which in turn will produce electricity, the
byproduct being heat, which will be transported to other buildings and be used in the source building
as well. There will be a need for pipes to move the heat from the source building to the receiver
buildings across property lines. This will require easements from adjacent property owners.
City Staff has discussed the appropriate zoning classification for district energy and concluded that if
the energy source is natural gas, it would fall into the utility category. If the energy source were one
or more types of biomass, which would require a storage facility, trucking of the biomass to the
storage facility, and trucking of the waste from the power plant to an offsite location, it would most
likely be determined an industrial use, which would not be appropriate in a CBD zone without over
site and comprehensive planning.
Staff discussed various legislative tools that would permit district heating in all CBD zones. Staff
concluded that the recommendation should be to allow district heating in all CBD zones as a utility
but only if the source fuel is natural gas. If members of the Planning Committee are in agreement
with this recommendation, staff would like to work with the City Attorney to review and determine
the steps necessary to implement this proposal.
CITY OF ITHACA
108 East Green Street — 3rd Floor Ithaca, New York 14850-5690
DEPARTMENT OF PLANNING, BUILDING, AND ECONOMIC DEVELOPMENT
JOANN CORNISH, DIRECTOR OF PLANNING & DEVELOPMENT
PHYLLISA A. DeSARNO, DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT
Telephone: Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6559
Email: dgrunder@cityofithaca.org Email: iura@cityofithaca.org
Fax: 607-274-6558 Fax: 607-274-6558