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HomeMy WebLinkAbout07-07-11 Planning & EDC Meeting Agenda MEETING NOTICE City of Ithaca Planning & Economic Development Committee Wednesday, July 20, 2011 — 7:00 p.m. Common Council Chambers, City Hall, 108 East Green Street A. Agenda Review B. Special Order of Business C. Public Comment and Response from Committee Members D. Announcements, Updates and Reports 1. Friends of Stewart Park— Update E. Action Items 1. Waterfront Zoning Ordinance — Proposed amendment discussion and permission to recirculate revised ordinance based on comments received — revised ordinance and map attached 2. South Hill Zoning — Permission to circulate — concept memo and backup materials attached F. Discussion Items 1. Hydrofracking — Regulatory Approach G. Adjournment Questions about the agenda should be directed to Jennifer Dotson, Chairperson, (jdotson(cDcityofithaca.org or 351-5458) or to the appropriate staff person at the Department of Planning & Development(274-6550). Back-up material is available in the office of the Department of Planning & Development. Please note that the order of agenda items is tentative and subject to change. If you have a disability and require accommodations in order to fully participate, please contact the City Clerk at 274-6570 by 12:00 noon on Tuesday, July 19, 2011. To: Planning and Economic Development Committee From: Jennifer Kusznir,Economic Development Planner Date: July 15,2011 Re: Proposal to Revise the Waterfront Zoning Districts Enclosed for your review is a revised ordinance for changes to the Waterfront Zoning District. Proposed changes to the Waterfront Zoning District were discussed at the June 15, 2011 Planning Committee Meeting. At that meeting, concerns were raised about the impacts of the proposed ordinance changes on the narrow properties located on the eastern edge of Inlet Island. After walking the waterfront areas and discussing how the proposed revisions would impact the narrow parcels, it became evident that the narrow properties would have difficulty being developed with the proposed mandatory first floor setback and upper story stepback requirements. The enclosed draft ordinance has removed the setback and stepback requirements for all properties that are less than 110' in depth. In addition, all properties greater than 110' in depth may also be exempt from the upper story stepback requirement, if they provide a public walkway along the waterfront. All properties that are less than 110' feet in depth have a minimum requirement of 2 stories and all properties greater than 110' have a minimum requirement of 3 stories. The existing zoning ordinance also contains 40' of no build area along the Flood Control Channel. Upon review of the easement agreements for that area, it was discovered that the required unobstructed space is 25' (required access for Flood Control Channel maintenance). Because Inlet Island has so little land mass on which to develop, we are recommending that the unobstructed zone along the Flood Control Channel be reduced to 15' with an additional 10' area where trees and movable outdoor furnishings may be placed, which will still allow for maintenance access. Buildings must be set back 25' from the Flood Control Channel. In addition, City Staff and members of Common Council walked along some of the other waterfront lands that had not been previously considered as a part of the Waterfront Zoning District. As a result of this tour, it was recommended that some additional property between Six Mile Creek and Cecil Malone Drive be included in the Waterfront Zoning District. Enclosed is a revised map showing the proposed new boundaries. If the committee is in agreement with the proposed ordinance, then staff will re-circulate the materials and return next month with comments. If you have any concerns or questions regarding any of this information, feel free to contact me at 274-6410. !�` • � � '� �, �•� s. . '' the �� RINI Fyn / ' ` 1 ♦• a . ! �•.,C�'1' r � III 1 i i7 ( ' �_ � ��.r - _ V-A 01-�• `yL . ,�•� .�-�; � � o , �■ � i ■ _ as � ■ I, � �� n � i � I�'i`li� �. iiy �Mt r • •Iwil�I i itt�ltl�1� 1 1 1 • ' - � + `1, !11 1 ' �� j}111+1:��� 1.11 ti� Ili -. , - _a . , I 1.1• li'�� 1 111 •I1� 1'l ju .f t 1+�i#'�l •1 Lege NO N J14 Boundary • + ^ ' Proposed C- : ••• -• _ 3 �MIA Plane, ' :1 Datum ,o—nu, NY State .• Sou ce: Tompkins . Digital Planimetric Map •• 11' .• Prepared by: Planning, City of 1 7/15/201 1 ORDINANCE NO. AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF ITHACA, CHAPTER 325, ENTITLED "ZONING" TO AMEND THE WATERFRONT ZONING DISTRICT AND TO CHANGE THE ZONING DESIGNATION OF CERTAIN AREAS OF THE CITY. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 325, Section 325-4 of the Municipal Code of the City of Ithaca be amended in order to establish a consolidated Waterfront Zoning District (WF -1) . Section 1 . Declaration of Legislative Findings and Purpose The Common Council finds that this Ordinance will consolidate the various waterfront zoning districts in order to create one Waterfront Zoning District (WF-1) , which will : 1 . Help to maintain public access to the waterfront. 2 . Guide development in this area of the City for the purpose of creating a unique waterfront experience. 3 . Allow the City to enhance the value of waterfront property in this area of the City. 4 . Allow the City to create a dense area on the water having multi-story buildings intended for mixed use. 5 . Ensure that new construction along the waterfront be designed in a manner to protect views to and from the waterfront and to enhance the pedestrian experience along the waterfront. 6 . Ensure that building facades on the public rights of way contribute to a coherent streetscape, promoting street- level pedestrian uses . Section 2 . Chapter 325, Section 325-3 of the Municipal Code of the City of Ithaca is hereby amended to add the following definition: 1 . "Water-dependent facilities" is defined as those structures or works associated with industrial, maritime, recreational, educational, or fisheries activities that require location at or near the shoreline. Page 1 of 7 7/15/2011 2 . An activity is water-dependent if it cannot exist outside of the waterfront area and is dependent on the water by reason of the intrinsic nature of its operation. These activities include, but are not limited to, ports, water- use industries, marinas and other boat docking structures, public beaches and other public water- oriented recreation areas, and fisheries activities . Section 3 . Chapter 325, Section 325-41 C. (1) of the Municipal Code of the City of Ithaca is hereby amended to add the WF-1 district and should read as follows : New construction, exterior alterations, or additions to any structure within the zones designated B-lb; B-2b; B- 2c; B-2d; all CBD zones, including CBD-60, CBD-85, CBD- 100, and CBD-120; and C-SU, and the WF-1 district. Section 4 . Chapter 325, Section 325-5 of the Municipal Code of the City of Ithaca is hereby amended to change the zoning designation of all areas designated as M-1 (Marine Commercial District) , WF-lb, WF-1c, and WF-ld, and parcels 73 . -9-9, 73 . -9- 10, 73 . -9-12, and 73 . -9-4, which are currently designated as I-1 to the Waterfront Zoning District (WF-1) , and to change the designation of the area currently zoned WF-la to P-1, as shown on the attached map entitled "Proposed Waterfront Rezoning- August 2010" . Section 5 . Section 325-8 of the Municipal Code of the City of Ithaca is hereby amended as follows to establish district regulations for the new WF-1 district as follows : Permitted Primary Uses 1 . Any use permitted in B-2 except establishments where food or beverages are intended to be served or consumed by persons in automobiles . 2 . Recreational or cultural facility such as a park, playground, art museum, fishing pier or yacht club. 3 . Public Recreation. 4 . Boatel . 5 . Sale, rental, repair or storage of marine related recreation equipment such as boats, marine engines, sails, cabin equipment . 6 . Light manufacture of marine recreation related products involving substantial hand fabrication such as sails, boat hulls, cabin fittings . Page 2 of 7 7/15/2011 By Special Permit of the Board of Appeals 7 . Parking Lot 8 . Parking Garage Permitted Accessory Uses 1 . Any accessory use permitted in the B-2 zone. 2 . Boat fuel dispensing. 3 . Snowmobile sales, service, rental in conjunction with boat sales, rental or service . 4 . Storage of marine related recreation equipment such a boats, marine engines, sails, cabin equipment as it relates to permitted primary uses under zoning 5 . Parking Lot Off-Street Parking Requirements - None Off-Street Loading Requirements - None Area in Square Feet - 3, 000 Minimum lot width -- 30 Minimum lot depth-60, no new lots may be created which are less than 60 feet in depth. Maximum Building Heights : Maximum 5 stories, A minimum of 12 feet for the first story measured from finished grade, and a maximum of 12 feet for each additional story, for a maximum of 63' , with an additional 5 feet for cornice . All new construction is subject to a mandatory design review process . (Refer to Code of the City of Ithaca, Chapter 325, Zoning, Section 325-3 .B. , Definitions and Word Usage, HEIGHT OF BUILDING) Maximum percent lot coverage by buildings 1 . 1000 lot coverage allowed except as may be required for provision of pedestrian ways and protection of view corridors . Yard Dimensions Front Yard - None Side Yards - None Rear Yard - None Minimum Height WF - Minimum of 3� stories and 36-24 feet, except for water dependent facilities, which have no minimum story or building height limit and except for properties that are less than 110' in depth, measured from the waterfront. These properties have a minimum building height of 2 stories and 24 feet. exeept—f-e Page 3 of 7 7/15/2011 aAccessory structures up to 400 square feet in size have no minimum building height . Additional Restrictions Additional Restrictions 1 . Lookout Point Restrictions a. The first 100 feet south from the northern tip of Inlet Island is to remain a no build area. In addition, in the first 300 feet south from the northern tip of Inlet Island no building may be constructed that is greater than 1 story in height. Lookout Point No BOW Area �tiT4' 1-story rrax �I I ° Ir�f' it 2 . Step Back Requirement a. All properties greater than 110' in depth that are located along the waterfront must maintain t-The first 10 feet of any new construction located along the waterfront, within 15' of the shoreline, is restricted Page 4 of 7 7/15/2011 to be at least 2 stories and not more than 3 stories in height. As an incentive, buildings that provide a public walkway along the waterfront shall be exempt from the step back requirement . All existing properties that are less than 110' in depth, easured from the waterfront, are exempt from the step back requirement . Step Back Requirement 4.5 stories max height 63' 10, Building 15, 2.3 stories min height 24' max height 36' JjhL Land Water 3 . Setback Requirement a. All properties greater than 110' in depth that are located along the waterfrontGat,�:iga c�leiT ndLS e week are to maintain a 15' no build area along the waterfront measured from property line located along the waterfront. Properties that are less than 110' in depth are exempt from the setback requirement and may build to the property line . Bi il-d' the 15 1� ti ,,; ld—ar laee--siippertcel�m - t ; the r- -� c�r^ f e�� g ,-r—a-t least 15 ' be-,^ the _� ,�rrsheel ff±=aEle—d3 r—et-1 j,, belew anel a pidblie aeCAP`s Walkway 7 4 p±eiv-4eleel a wa4�:erf eeel:affi s ffti st be plaemaca-within 3' ef the aicepe=y line . _ in adcrrtren, the r-vcr r-ch sZvrres-6'mt: cr builel4ng leeateel with4n 15 e:f the- wate±�:f ,,, faust step I Page 5 of 7 7/15/2011 4.5 stories max height 63' Incentive Building Option Public Walkway 151 Land Water 4 . Flood Control Channel a. For properties located along the Flood Control Channel as shown on the City of Ithaca Zoning Map, or properties that directly abut the Department of Environmental Conservation twenty five foot permanent easement, no construction is permitted within the first 25' along the Flood Control Channel, measured from the top of the existing bank. The first 15' of the no build area are to be kept as clear space, but may have removable vertical elements, so that maintenance equipment can get to the water' s edge . or have removable vertical elements . Outdoor furnishings, such as plantings and benches, may be placed in the 10' adjacent to the building area but must be kept to no more than 25' in length with 50' of clear spaces between to allow for access . 3-ft aelelitier , ai=ea ref the Fle e r }lei ri., ei walkway fidL-nishri itie Bidildinejs Fftay eieate an }L, i- } l a�e-aE��9-Tc,,.,� -,r,.-,, b-.,,} ,,.,l�s �iT ----r,-r-a-�--r �_}=1-e-c�-S-t 5�� Page 6 of 7 7/15/2011 (Refer to Code of the City of Ithaca, Chapter 325, Zoning, Section 325-3 .B. , Definitions and Word Usage, HABITABLE SPACE, NONHABITABLE SPACE, STORY, PUBLIC SPACE) Section 6. Chapter 325, Section 325-9 (C) of the Municipal Code of the City of Ithaca entitled "Special Permits" is hereby amended to add a new subsection to be known as (4 . ) (i) Parking in the Waterfront Zone to read as follows : "Parking areas will be permitted as a primary use in the waterfront zone (WF-1) only by a special permit and only if they are open to the public or if they are intended to serve the needs of multiple businesses . " Section 7 . Chapter 325, Section 325-20 of the Municipal Code of the City of Ithaca entitled "Off-Street Parking" is hereby amended to add the WF-1 District to Section 325-20 (C) (3) (a) to read as follows : " (1) Notwithstanding anything contained herein to the contrary, there are no requirements as to the minimum number of off-street parking spaces in the following zoning districts : WEDZ-la, CBD-60, CBD-85, CBD-100, CBD-120, B-1b, B-2c, and WF-1" Section 8 . The City Planning and Development Board, the City Clerk and the Planning Department shall amend the zoning map and the district regulations chart in accordance with the amendments made herewith. Section 9. Effective date . This ordinance shall take affect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. Page 7 of 7 To: Planning and Economic Development Committee From: Jennifer Kusznir Date: July 12, 2011 RE: Proposed Amendment to the R-3b Zoning District The purpose of this memo is to provide information regarding a proposal to rezone City of Ithaca Tax Parcels 114.4-4, 114.4-5, 114.4-7, an approximately 2 acre tract of land located on Coddington Road in the City of Ithaca. The City was recently approached by one of the property owners who are considering a variance request for his property, (tax parcel 114-1-4, 122 — 124 Coddington Road). The property owner asked for staff s input on whether he should apply for a use variance to increase the number of units within his existing apartment buildings, or if it is more appropriate to consider rezoning the properties to be more in keeping with what has developed in the past several years. These parcels are currently located in the R-2a residential zoning district. The R-2a zoning district is a 1-2 family residential district with a maximum building height of 35' and 3 stories. Directly adjacent to the west of these properties is land owned by Ithaca College, which previously contained a residential structure that was demolished and replaced with a large warehouse. On the south the property is bordered by a City water tank, (accessible by easement through private property), and to the east is the former Coddington Restaurant, now the Elks Club and the Coddington Road Bed and Breakfast. The properties located directly across the street are zoned R-3b and consist of commercial and multi-family properties. Given the three parcels in question and their isolation from the 1 and 2 family properties to the east and northeast, it would appear that the three parcels are not likely to be marketable as sites for single family homes. The R- 3b zoning district, which is located across the street, allows for multi family dwellings 40' in height and up to 4 stories. Given the location of these properties, the current uses, and the surrounding uses, Planning Staff would like to discuss this rezoning with members of the Planning Committee for guidance and direction. If the Committee is in agreement, staff will circulate the proposal for comment and return next month for further discussion. If you have any concerns or questions regarding any of this information, feel free to contact me at 274-6410. Proposal to Rezone Properties Along Coddington Road :x-'. 115. 1-15 f `�%% % + ;i '� '� % %% :�:�^:''o :y : ;%. Legend :;: ;� : �Zie"�: � � �: Nj Buidling _ Parcel Boundary R 2a R-3b Proposed Area to be Rezoned . ,. NY State Plane,Central GRS 80 Datum � a Map Source:Tompkins County Digital Planimetric Map 1991-2010 •- " Map Prepared by: GIS Planning, City of Ithaca, NY, 13 July 2011. The applicant seeks to vary the use allowed in Article 2, Section 325-8 A2 for the current dual two family premises at 122-124 tax parcel 114-1-4 to utilize the existing interior spaces by adding a bedroom to each existing unit and adding a five bedroom unit in the 124 rear building to be fully sprinklered as part of the conversion. Likewise, the remaining existing space in the 122 front unit will be converted to habitable space by adding a two bedroom apartment with handicapped access, a one bedroom apartment, and a bedroom to each of the existing units with full sprinkering. The applicant has been advised to seek a use variance versus requesting a rezoning. There will be no building exterior additions or site modifications other than additional landscaping to accomplish the use change so the views and stormwater runoff will be unchanged. This use variance application seeks relief for the land use isolation that has evolved since the owners first developed their property as two-two family dwellings in the mid-1980s. At the time a neighboring one family residence to the west shared the R-2a type use and it made sense to limit the density of the premises in question although extensive multiple housing already existed across the street on Coddington Road.Then over time the reasoning for limiting the use of each to two-family versus multiple unit use and occupancy became more and more clouded. Ithaca College decided to expand their physical plant buildings and built an huge warehouse on the property immediately to the west. Ithaca College then increased the importance of the Coddington Road entrance into and out of campus as campus police, facility administration, and maintenance management function consolidated and expanded to the west. Ultimately,they bought the only residence between the property in question and the IC Coddington Road entrance to the west and demolished the home. Rogan's Corner replaced three disheveled homes and expanded and offered added neighborhood conveniences to area residents within walking distance. On the east boundary the Coddington Restaurant eventually gave way to a new owner, the Elks B.P.O.E.#636 Ithaca headquarters, with parking lots on both sides of the building. The next property to the east of the Elks is a large home currently a Bed and Breakfast just west of the City of Ithaca tank access.The 1.5 million gallon City water tank borders the south side of the site. A large apartment complex stretches along the north side of Coddington Road well to the east. So the value of the property in question is diminished primarily by continuing to be zoned R-2a against all reason. Under the applicable zoning regulations Mr. and Mrs. lacovelli are trapped and deprived of full economic use or benefit.The value as two family dwellings is depressed and sale as anything but as a rental is now out of the question. The original thought of adding living areas to the residences for sale eventually to a family is no longer viable.The logical course of action is this request to add units either under a use variance because of the unique situation of the property being surrounded or an expansion of the adjoining multiple zoning to the north given that the property is now more continguous with the Ithaca College campus. As stated above this is a unique set of circumstances now that Ithaca College has purchased and demolished the one home to the west and the property in question is now surrounded by higher intensity land uses .The property abuts the campus and is isolated from the rest of the R-2a neighborhood. The hardship of the inappropriateness of the current zoning and cloud it casts on the value of the property as two family residences was not created by actions of the lacovellis. Ithaca College proceeded to build the enormous warehouse in the R-2a zone,they removed the one home that could give reason to the property in question remaining limited by R-2a uses.The Elks in the R-2a zone tend to have activities later in the evening that the restaurant operations did not have after 1013M.The water tank site in the R-2a zone has become more and more of an attractive nuisance even after being fenced in for safety. Besides spectacularly overlooking the southern end of Cayuga Lake, the multiple use view across the street with on-street parking is compatible with any change to higher density that might occur on the residence in question especially with a plan to provide a contrasting 18 parking spaces on-site. The granting of the variance will not adversely affect the essential character of the neighborhood.The traditional R-2a residential properties are well to the east along Coddington Road. They are all shielded from view of the subject premises by the large Elks building.The nearest neighbors are the Elk Club,the City water tank,the Ithaca College warehouse,the multi-family housing complex north of Coddington Road, Rogan's corner, and the Ithaca College life safety and facilities complex. The granting of the variance would not adversely affect the public health, safety, or general welfare. The outcome would remedy the problem of the property now being isolated in an almost reverse spot zoning situation.The variance would make the use of the property in question more consistent with the land uses surrounding it. Submitted by, Cite/1.D/i7�i°Lawe P. Fabbroni, P.E.,L.S. - i its � i I a� i t I Go m N �m N01mm y. o113i ¢n P om= m M -Z<2 Q < ry i \ 6 _ = f § � �. .. .. . . . . . . . �. . . . . �. 2� m ��e aR E ƒ _ ! A2 $®® $ 2 \ �7{ 7/ E f§ /# -. / �° . � ! { � ©<? : < ° \ /\ • � �\ e ; [ . � a .. . . . � . . . . �. �. . � . . � � . . �. � ® � < 0 J m7 »/ o ■ [_ 2 & % k 0 Al \§ 2 ` /