HomeMy WebLinkAbout11-16-11 Planning & EDC Meeting AgendaMEETING NOTICE
City of Ithaca
Planning & Economic Development Committee
Wednesday, November 16, 2011 – 7:00 p.m.
Common Council Chambers, City Hall, 108 East Green Street
A. Agenda Review
B. Special Order of Business
1. Public Hearing – Amendment to Design Review Ordinance
2. Public Hearing – Amendment to Landmarks Ordinance
3. Public Hearing – Amendment to Zoning Notification Procedures
C. Public Comment and Response from Committee Members
D. Announcements, Updates and Reports
1. Workforce Diversity Report – Greater Ithaca Activities Center
2. Workforce Diversity Report – Ithaca Fire Department
3. Comprehensive Plan Update
4. Intermunicipal Planning Efforts
E. Action Items
1. Amendment to Cayuga Green Purchase and Sale Contract
(extension and change in use to include first floor office)
(background materials, resolution)
2. Amendment to Design Review Ordinance
(11/9 memo, map, lead agency resolution, SEAF, SEQR resolution, and 3
ordinances (Chapters 160, 272, and 325))
3. Approval to Circulate -- Response to Hydrofracking: Amendment to Zoning
Code Industrial Definitions
(memo, ordinance)
4. Approval to Circulate – Amendment to Zoning Code Parking Regulations
(materials to be distributed)
F. Discussion Items
1. Amendment to Zoning Notification Procedures
2. Amendments to Regulation of Chickens
(ordinance, letter from Buffalo Common Council)
G. Approval of Minutes
H. Adjournment
Questions about the agenda should be directed to Jennifer Dotson, Chairperson,
(jdotson@cityofithaca.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, November 15, 2011.
1
Planning & Economic Development Committee
City of Ithaca Common Council
Proposed Resolution
November 16, 2011
Cayuga Green Project, Approval of 3rd Amendment to Purchase and Sale Contract for Parcel
‘D’
Whereas, Cayuga Green II LLC, has submitted revised, preliminary plans for construction of a 6‐
story, 35‐unit rental housing project with ground floor commercial use at parcel ‘D’ (tax map
parcel #81.‐2‐4), located adjacent to the Cayuga Garage, that are consistent with the original
design goals for the Cayuga Green project, and
Whereas, the Purchase and Sale Contract between the IURA and Cayuga Green II, LLC obligates
the purchaser to undertake a project “anticipated to consist of construction of no less than 30
rental and/or for‐sale housing units located adjacent to the Cayuga garage, or such other uses
approved by Seller and the Common Council of the City of Ithaca” (emphasis added), and
Whereas, the City Attorney has determined that the proposed inclusion of ground floor
commercial use into the housing project requires Common Council approval to comply with the
terms of the Purchase and Sale Contract, and
Whereas, per correspondence dated November 7, 2011, Cayuga Green II, LLC, requests
approval to authorize inclusion of a commercial ground floor use with the proposed housing
project and a 180‐day extension of the purchase and sale contract to June 30, 2012, and
Whereas, the existing Purchase and Sale Contract requires the purchaser to satisfy the
following contingencies prior to December 31, 2011:
1. Submit proof of final site development plan approval;
2. Submit proof of issuance of a building permit for the project;
3. Submit proof that all project financing has been secured to complete the project, and
Whereas, the City previously amended the original Purchase and Sale Contract in 2009 to allow
construction of rental housing units as well as for‐sale housing units and to extend the term of
the agreement by 12 months to June 30, 2010, and approved a second amendment in 2010 to
modify the parcel boundaries to satisfy building code‐required building separation distances
and extend the term of the agreement to December 31, 2011 to allow the purchaser to pursue
project financing through the HUD 221(d) Insured Mortgage Financing program, and
Whereas, the principals of Cayuga Green II, LLC, have utilized the U.S. Department of Housing &
Urban Development’s (HUD’s) 221(d)4 mortgage insurance program to secure financing from a
HUD‐approved private lender for a multi‐family rental housing project in Ohio, but find the New
York State process much more extensive and lengthy because their project would be the first
HUD 221(d) project in the Ithaca housing market, and
2
Whereas, the purchaser is continuing to complete the HUD 221(d) process but is uncertain that
a written loan commitment will be received by December 31, 2011, and
Whereas, the purchaser is additionally seeking conventional financing from private lenders now
that lenders are re‐entering the rental housing financing market and an independent
downtown Ithaca housing demand study suggests there is a robust demand for downtown
housing at all price points, and
Whereas, Cayuga Green II, LLC, seeks no property tax abatements for this market‐rate project,
and
Whereas, the City wishes to facilitate the construction of additional housing units in downtown
Ithaca that will expand the range of housing opportunities and increase the property tax base;
and
Whereas, under §507 of Article 15 of General Municipal Law, the Ithaca Urban Renewal
Agency’s proposed disposition of real property requires Common Council approval following a
public hearing, and
Whereas, a public hearing on the proposed amendment to the Purchase and Sale Agreement is
scheduled before the Common Council on November 30, 2011, and
Whereas, the purchase and sale contract for parcel ‘D’ and site plan review for a proposed 7‐
story housing project at parcel ‘D’ were the subject of environmental reviews under the City
Environmental Quality Review Ordinance (CEQRO) pursuant to which the lead agency issued a
negative declaration that the implementation of the action as proposed will not result in any
significant adverse environmental impacts, and
Whereas, the revised 6‐story project with ground floor commercial use and the action of
approving the proposed 3rd amendment to the Purchase and Sale Contract for parcel ‘D’ are no
less protective of the environment than the previously‐approved Contract and site plan,
therefore requiring no additional environmental review; now, therefore, be it
Resolved, that the City of Ithaca Common Council hereby approves a 3rd amendment to the
Purchase and Sale Contract with Cayuga Green II LLC for Parcel ‘D’ (tax map parcel #81.‐2‐4) to:
1. authorize inclusion of a ground floor commercial use in addition to construction of at
least 30 rental and/or for‐sale housing units on Parcel ‘D’ of the Cayuga Green project,
and
2. Extend the purchaser’s deadlines to secure final site plan approval, project financing and
issuance of a building permit to June 30, 2011.
j:\staff\nels\iura\city\cayuga green\phase ii\property dispositions\parcel d\reso p&ed 3rd amend of p&s ‐ parcel d cayuga green ‐ 11‐16‐
11.doc
Cayuga Green, LLC
660 Lincoln Avenue, Suite 303
Cincinnati, Ohio 45206
(513) 241-6363 Fax: (513) 241-6636
November 7, 2011
Mr. Nels Bohn
Ithaca Urban Renewal Agency
Ithaca City Hall
108 E. Green Street
Ithaca, New York 14850
Nels,
Please find this as our formal request to revise our purchase agreement for the above named property.
We would like to have the flexibility to install commercial tenants on the first floor. We are currently working with an office
tenant who would like 5,000sf, leaving 3,500sf for another user. Additionally, we request a time extension of six months in
order to finalize leases and financing for the project.
We hope to begin work in the late winter/early spring, but ask for a few months extra, just in case.
Thank you for your consideration,
Ken Schon
Planning & Economic Development Committee
City of Ithaca Common Council
Proposed Resolution
November 16, 2011
Cayuga Green Project, Approval of 3rd Amendment to Purchase and Sale Contract for Parcel
‘D’
Whereas, Cayuga Green II LLC, has submitted revised, preliminary plans for construction of a 6‐
story, 35‐unit rental housing project with ground floor commercial use at parcel ‘D’ (tax map
parcel #81.‐2‐4), located adjacent to the Cayuga Garage, that are consistent with the original
design goals for the Cayuga Green project, and
Whereas, the Purchase and Sale Contract between the IURA and Cayuga Green II, LLC obligates
the purchaser to undertake a project “anticipated to consist of construction of no less than 30
rental and/or for‐sale housing units located adjacent to the Cayuga garage, or such other uses
approved by Seller and the Common Council of the City of Ithaca” (emphasis added), and
Whereas, the City Attorney has determined that the proposed inclusion of ground floor
commercial use into the housing project requires Common Council approval to comply with the
terms of the Purchase and Sale Contract, and
Whereas, per correspondence dated November 7, 2011, Cayuga Green II, LLC, requests
approval to authorize inclusion of a commercial ground floor use with the proposed housing
project and a 180‐day extension of the purchase and sale contract to June 30, 2012, and
Whereas, the existing Purchase and Sale Contract requires the purchaser to satisfy the
following contingencies prior to December 31, 2011:
1. Submit proof of final site development plan approval;
2. Submit proof of issuance of a building permit for the project;
3. Submit proof that all project financing has been secured to complete the project, and
Whereas, the City previously amended the original Purchase and Sale Contract in 2009 to allow
construction of rental housing units as well as for‐sale housing units and to extend the term of
the agreement by 12 months to June 30, 2010, and approved a second amendment in 2010 to
modify the parcel boundaries to satisfy building code‐required building separation distances
and extend the term of the agreement to December 31, 2011 to allow the purchaser to pursue
project financing through the HUD 221(d) Insured Mortgage Financing program, and
Whereas, the principals of Cayuga Green II, LLC, have utilized the U.S. Department of Housing &
Urban Development’s (HUD’s) 221(d)4 mortgage insurance program to secure financing from a
HUD‐approved private lender for a multi‐family rental housing project in Ohio, but find the New
York State process much more extensive and lengthy because their project would be the first
HUD 221(d) project in the Ithaca housing market, and
1
Whereas, the purchaser is continuing to complete the HUD 221(d) process but is uncertain that
a written loan commitment will be received by December 31, 2011, and
Whereas, the purchaser is additionally seeking conventional financing from private lenders now
that lenders are re‐entering the rental housing financing market and an independent
downtown Ithaca housing demand study suggests there is a robust demand for downtown
housing at all price points, and
Whereas, Cayuga Green II, LLC, seeks no property tax abatements for this market‐rate project,
and
Whereas, the City wishes to facilitate the construction of additional housing units in downtown
Ithaca that will expand the range of housing opportunities and increase the property tax base;
and
Whereas, under §507 of Article 15 of General Municipal Law, the Ithaca Urban Renewal
Agency’s proposed disposition of real property requires Common Council approval following a
public hearing, and
Whereas, a public hearing on the proposed amendment to the Purchase and Sale Agreement is
scheduled before the Common Council on November 30, 2011, and
Whereas, the purchase and sale contract for parcel ‘D’ and site plan review for a proposed 7‐
story housing project at parcel ‘D’ were the subject of environmental reviews under the City
Environmental Quality Review Ordinance (CEQRO) pursuant to which the lead agency issued a
negative declaration that the implementation of the action as proposed will not result in any
significant adverse environmental impacts, and
Whereas, the revised 6‐story project with ground floor commercial use and the action of
approving the proposed 3rd amendment to the Purchase and Sale Contract for parcel ‘D’ are no
less protective of the environment than the previously‐approved Contract and site plan,
therefore requiring no additional environmental review; now, therefore, be it
Resolved, that the City of Ithaca Common Council hereby approves a 3rd amendment to the
Purchase and Sale Contract with Cayuga Green II LLC for Parcel ‘D’ (tax map parcel #81.‐2‐4) to:
1. authorize inclusion of a ground floor commercial use in addition to construction of at
least 30 rental and/or for‐sale housing units on Parcel ‘D’ of the Cayuga Green project,
and
2. Extend the purchaser’s deadlines to secure final site plan approval, project financing and
issuance of a building permit to June 30, 2011.
j:\staff\nels\iura\city\cayuga green\phase ii\property dispositions\parcel d\reso p&ed 3rd amend of p&s ‐ parcel d cayuga green ‐ 11‐16‐
11.doc
2
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: planning@cityofithaca.org Email: iura@cityofithaca.org
Fax: 607-274-6558 Fax: 607-274-6558
To: Planning & Economic Development Committee
From: Megan Wilson, Planner
Date: November 9, 2011
RE: Proposal to Adopt the City of Ithaca Design Review Ordinance
After the October Planning & Economic Development Committee meeting, the proposed City of
Ithaca Design Review Ordinance was circulated for comment. The following revisions have
been made since the October meeting:
• In response to a question raised at the October meeting, staff determined that it is not
required to renumber all subsequent articles and sections upon the repeal of the existing
design review legislation in §325-41. Section 1 of the proposed ordinance has been revised
to reserve §325-41 for future use and maintain the existing numbering of all subsequent
articles and sections.
• The “2009 Collegetown Study Area” has been changed to “2009 Collegetown Planning
Area” to be consistent with the “2009 Collegetown Urban Plan & Conceptual Guidelines.”
The map accompanying the proposed ordinance has also been revised to reflect this change.
In addition to the proposed design review ordinance, ordinances to amend Section 6 of Chapter
272, Signs, or Sections 10 and 46 of Chapter 325, Zoning, have also been proposed. These
ordinances update references to design review within these chapters but do not make substantive
changes to the content of the chapters themselves. No revisions have been made to these
ordinances since the October meeting.
Staff will attend the Planning & Economic Development Committee meeting on Wednesday,
November 16, 2011 to provide further information and answer any questions. The proposed
ordinances and environmental review are enclosed. If you have any questions or comments,
please contact Megan Wilson at mwilson@cityofithaca.org or 274-6560.
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J:\GROUPS\Planning and Econ Dev Committee\2011 Planning and Economic Development Committee\11
November\E2 lead agency resolution.doc 11/10/11
Proposed Resolution
Planning & Economic Development Committee
November 16, 2011
An Ordinance to Amend the Municipal Code of the City of Ithaca to Add Chapter 160,
“Design Review” – Declaration of Lead Agency for Environmental Review
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 adoption of the “City of Ithaca Design Review Ordinance” 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 adoption of an ordinance to amend the Municipal
Code to add a new chapter, Chapter 160, “Design Review.”
Proposed Resolution
Planning & Economic Development Committee
November 16, 2011
An Ordinance to Amend the Municipal Code of the City of Ithaca to Add Chapter
160, “Design Review” – Determination of Environmental Significance
WHEREAS, the City of Ithaca is considering an amendment to the Municipal Code in
order to add a new chapter, Chapter 160, “Design Review,” and
WHEREAS, appropriate environmental review has been conducted including the
preparation of a Short Environmental Assessment Form (SEAF), dated October 20, 2011,
and
WHEREAS, the proposed amendment has been reviewed by the Tompkins County
Planning Department pursuant to §239-l–m of the New York State General Municipal
Law, which requires that all actions within 500 feet of a county or state facility, including
county and state highways, be reviewed by the County Planning Department, and has
also been reviewed by the City of Ithaca Conservation Advisory Council and the City of
Ithaca Planning and Development Board, and
WHEREAS, the proposed action is an “Unlisted” Action under the City Environmental
Quality Review Ordinance, and
WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has
reviewed the SEAF prepared by planning staff; 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 Short Environmental
Assessment Form, dated October 20, 2011, and be it further
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
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.
11/9/11
Page 1 of 5
An Ordinance Amending The Municipal Code Of The City Of Ithaca to Add
Chapter 160, Entitled “Design Review”
WHEREAS, the City’s existing design review legislation is part of
Chapter 325, Zoning, of the Municipal Code and provides for an
advisory, non-binding review process, and
WHEREAS, the proposed City of Ithaca Design Review Ordinance would
repeal the existing design review legislation and establish an
advisory, non-binding review process in a new chapter of the Municipal
Code, and
WHEREAS, the proposed Design Review Ordinance would improve the
efficiency of the review process for applicants and staff, and
WHEREAS, a public hearing on the proposed Design Review Ordinance
was held on November 16, 2011, and appropriate environmental review of
the proposed zoning has been completed; now, therefore,
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca, as follows:
ORDINANCE NO.
Section 1. Section 41 of Chapter 325, Zoning, of the Municipal Code
of the City of Ithaca is hereby repealed and will appear within the
Municipal Code as “Reserved.”
Section 2. A new chapter (Chapter 160) entitled “Design Review”, is
hereby added to the Municipal Code of the City of Ithaca, to read as
follows:
§ 160-1. Title.
This chapter shall be known and may be cited as
the “City of Ithaca Design Review Ordinance.”
§ 160-2. Purpose and Intent.
A. This section is intended to promote the
general public welfare by:
1. Promoting desirable urban growth and
development;
2. Promoting excellence of architectural
and urban design;
3. Preserving and enhancing community
resources such as historic architecture
and neighborhood character;
4. Achieving compatibility with adjacent
properties.
B. The intent of this chapter is to provide for
the review of plans for construction,
exterior alterations, additions, or
Deleted: , and all subsequent
articles and sections shall
be hereby renumbered
accordingly.
11/9/11
Page 2 of 5
demolition of structures in certain zones of
the City or under certain conditions, which
zones and conditions are hereby deemed
special in nature in terms of architectural
character, intensity of existing use and
development, sensitivity to the effect of
change in use, or other reason.
§ 160-3. Definitions.
A. Definitions of specific terms or words as used
in this chapter shall conform to the
definitions of the same terms in the Site Plan
Review Ordinance, Chapter 276, §276-2, and the
Zoning Ordinance, Chapter 325, §325-3.
B. In addition to the definitions in Chapter 276
and Chapter 325, the following terms shall be
used in this chapter as they are defined in
this section:
MANDATORY DESIGN REVIEW
The required review of plans for
construction, exterior alterations,
additions, or demolition of structures
§ 160-4. Applicability.
Mandatory design review shall apply to all
proposals for:
A. New construction, exterior alterations,
addition or removal of exterior signs, or
additions to any structure within the zones
designated B-1b; B-2c; B-2d; all CBD zones,
including CBD-60, CBD-85, CBD-100, and CBD-
120; C-SU; WF-1; WF-2; and on any parcel
within the 2009 Collegetown Planning Area as
designated on the map entitled “2009
Collegetown Urban Plan & Conceptual Design
Guidelines Planning Area,” dated November
2011, a copy of which is on file in the
Ithaca City Clerk’s Office.
B. New construction, exterior alterations, or
additions to any structure 60 feet in height
or greater in any zone.
C. Demolition of any primary structure within
any zone, and demolition of any portion of
any structures within the zones designated
B-1b; B-2c; B-2d; all CBD zones, including
CBD-60, CBD-85, CBD-100, and CBD-120; C-SU;
WF-1; WF-2; and on any parcel within the
2009 Collegetown Planning Area.
D. New construction of a primary structure on a
parcel within any zone within two years
Deleted: Study
Deleted: Study
Deleted: October
Deleted: Study
11/9/11
Page 3 of 5
following a demolition of a primary
structure on that parcel.
E. Changes to the site, such as the addition of
new or alterations to existing hardscape
elements, including but not limited to
paving, retaining walls, or fences on any
parcel within the 2009 Collegetown Planning
Area.
§ 160-5. Mandatory Non-Binding Design Review.
Design review recommendations shall not be
binding, unless such recommendation shall also be
incorporated into a decision by the Board of
Zoning Appeals or as a condition of site plan
approval by the Planning and Development Board.
§ 160-6. Exemptions.
A. Any action pertaining to any structure
locally designated as a landmark or within a
locally designated historic district shall
be reviewed by the Ithaca Landmarks
Preservation Commission, and is therefore
exempt from the requirement for design
review. All decisions of the Ithaca
Landmarks Preservation Commission are
binding.
B. Any action pertaining to any parcel within
the 2009 Collegetown Study Area on which a
single-family home is and will remain the
primary use shall be exempt from the
requirement for design review.
§ 160-7. Limited Design Review Procedure.
A. The Building Commissioner or his or her
designee shall determine whether design
review is required when an application for a
building permit or demolition permit is
submitted. If the determination is made
that design review is required, the Building
Commissioner shall transmit the application
to the Director of Planning and Development.
B. Upon receipt of the application, the
Director of Planning and Development or his
or her designee shall determine whether the
proposal shall be subject to a limited or
full design review.
C. The Director of Planning and Development or
his or her designee shall have the authority
to conduct a limited review of proposals of
Type II actions. All proposal for Type I or
Deleted: Study
11/9/11
Page 4 of 5
Unlisted actions must go to the Planning and
Development Board for full review.
D. If a proposal may cause public controversy,
the Director of Planning and Development may
refer the proposal to the Planning and
Development Board for full review.
§ 160-8. Full Design Review Procedure
A. The Building Commissioner or his or her
designee shall determine whether design
review is required when an application for a
building permit or demolition permit is
submitted. If the determination is made
that design review is required, the Building
Commissioner shall transmit the application
to the Director of Planning and Development.
B. Upon receipt of the application, the
Director of Planning and Development or his
or her designee shall determine whether the
proposal shall be subject to a limited or
full design review.
C. Any individual or group proposing new
construction or development anywhere within
the City of Ithaca may request an informal
design review and advisory recommendation.
D. When the proposal is determined to be
subject to full design review, the
individual or group making the proposal
shall submit an application to the
Department of Planning and Development with
the following information (as appropriate):
1. Name and contact information of the
applicant;
2. Location and photographs of the
property;
3. Building permit application number;
4. Architectural plans, site plans and
drawings of building facades;
5. Lists and/or samples of materials to be
used;
6. Where the proposal includes signs or
lettering, a scale drawing showing the
type of lettering to be used,
dimensions, colors, method of
illumination, and a plan showing the
sign’s location on the property;
7. Any other information necessary to
visualize the proposed work.
E. The Planning and Development Board shall
review the proposal within 45 days from
receipt of the completed application. The
failure of the Planning and Development
11/9/11
Page 5 of 5
Board to act within 45 days of the filing of
an application, unless an extension is
mutually agreed upon by the applicant and
the Board, shall be deemed to constitute
approval.
F. All design review recommendations shall be
communicated in writing no later than 10
business days after the meeting at which the
recommendations are made. A copy shall be
sent to the applicant by mail and a copy
filed with the Building Commissioner.
Section 3. The City Planning and Development Board and the City Clerk
shall update the District Regulations Chart, as referred to in §325-8,
in accordance with the amendments made herewith.
Section 4. Effective date. This ordinance shall take affect
immediately and in accordance with law upon publication of notices as
provided in the Ithaca City Charter.
An Ordinance to Amend Chapter 272 of the City of Ithaca Municipal Code
entitled “Signs” to amend Section 6 entitled “Signs Permitted in All
Districts”
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca, as follows:
ORDINANCE NO.
Section 1. Section 272-6 of the City of Ithaca Municipal Code,
entitled “Signs Permitted in All Districts”, is hereby amended to read
as follows (strikethrough indicates deletion, underline and bold
indicates new language):
§ 272-6(A) Signs Permitted in All Districts. The following signs
are permitted in any use district without a permit as noted:
(6) Murals.
b. Upon receipt of a proposal for a mural for any
property subject to the provisions of Chapter 325,
Zoning, § 325-42, Design review, or Article VIII,
Courthouse Special Use Zone, or Chapter 228, Landmarks
Preservation, of this Code or facing such property, the
Building Commissioner shall notify the Design Review
Board, the Public Art Commission and/or the Landmarks
Commission, as applicable, for their information and any
appropriate action and shall so inform the applicant.
(b) Upon receipt of a proposal for a mural for any
property subject to the provisions of Chapter 160, Design
Review, or Chapter 325, Zoning, Article VIII Courthouse
Special Use Zone, or Chapter 228, Landmarks Preservation,
of this Code or facing such property, the Building
Commissioner shall notify the Planning and Development
Board, the Public Art Commission, and/or the Landmarks
Commission, as applicable, for their information and any
appropriate action and shall so inform the applicant.
Section 2. Severability. If any section, subsection, sentence, clause,
phrase or portion of this ordinance is held to be invalid or
unconstitutional by a court of competent jurisdiction, then that
decision shall not affect the validity of the remaining portions of
this ordinance.
Section 3. Effective date. This ordinance shall take affect
immediately and in accordance with law upon publication of notices as
provided in the Ithaca City Charter.
An Ordinance to Amend Chapter 325 entitled “Zoning” Section 10
entitled “Accessory Apartments”, and Section 325-46 entitled “Review
of Construction, Demolition, and Alteration”
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca, as follows:
ORDINANCE NO.
Section 1. Chapter 325 of the City of Ithaca Municipal Code entitled
“Zoning”, Section 10D(6), entitled “Accessory Apartments -
Requirements”, is hereby amended to read as follows (strikethrough
indicates deletion, underline and bold indicates new language):
§ 325-10 – Accessory Apartments. In order to be granted a
temporary permit, the following criteria and requirements must be
met:
(6) Exterior appearance. If an accessory apartment is
located in the main building, the entry to the building and
its design shall be such that the appearance of the
building shall remain as a single-family residence. New or
additional front entrances or windows are discouraged but
in any event must be in keeping with the architectural
style of the rest of the structure. Exterior stairways may
only be constructed in the rear, except where an alternate
location would be less publicly visible. Any exterior
design changes may be referred by the Board of Zoning
Appeals to the Design Review Board for its technical
advice. New or additional front entrances must have the
approval of the Design Review Board.
(6) Exterior appearance. If an accessory apartment is
located in the main building, the entry to the building and
its design shall be such that the appearance of the
building shall remain as a single family residence. New or
additional front entrances or windows are discouraged but
in any event must be in keeping with the architectural
style of the rest of the structure. Exterior stairways may
only be constructed in the rear, except where an alternate
location would be less publicly visible. Any exterior
design changes may be referred by the Board of Zoning
Appeals to the Planning and Development Board for its
technical advice.
Section 2. Chapter 325 of the City of Ithaca Municipal Code entitled
“Zoning”, Article IX, entitled “Courthouse Special Use Zone”, Section
46(A)(B) entitled “Review of Construction, Demolition, and Alteration”
is hereby amended to read as follows( strikethrough indicates
deletion, underline and bold indicates new language):
§ 325-46. Review of Construction, Demolition, and Alteration.
A. Demolition, exterior alterations or additions to
existing structures and parking areas and construction of
new buildings or parking areas within the C-SU Zone shall
be subject to strict review and approval by the Design
Review Board and the Ithaca Landmarks Preservation
Commission within their respective areas of responsibility.
(See Subsection B below and § 325-41, Design review.)
Proposals for demolition of structures within the C-SU Zone
but outside designated City landmark districts shall
nonetheless be referred to the Landmarks Preservation
Commission, which shall make its recommendation to the
Design Review Board before the latter takes final action.
B. Demolition, exterior alteration or enlargement of
structures or parking areas or construction of new
buildings or parking areas in C-SU Zones shall be subject
to design review as provided in § 325-41 of this chapter.
In performing such review and recommending any
modifications to proposed exterior work, the Design Review
Board shall pay particular attention to the visual effect
of such work on the character of the area and adjacent
residential zones. In no case shall the Design Review Board
take final action on a proposal for demolition within any
part of the C-SU Zone which is not within a locally
designated landmark district before receiving the
recommendation of the Landmarks Preservation Commission on
such proposal. Approval of proposed demolitions,
alterations or new construction within the C-SU Zone by the
Design Review Board or the Landmarks Preservation
Commission, as applicable, shall be a prerequisite of
approval of such proposals by the Building Commissioner and
the Board of Zoning Appeals, as appropriate.
A. Demolition, exterior alterations or additions to
existing structures and parking areas and construction of
new buildings or parking areas within the C-SU Zone shall
be subject to strict review and approval by the Planning
and Development Board and the Ithaca Landmarks Preservation
Commission within their respective areas of responsibility.
(See Subsection B below and Chapter 160, Design Review.)
Proposals for demolition of structures within the C-SU Zone
but outside designated City landmark districts shall
nonetheless be referred to the Landmarks Preservation
Commission, which shall make its recommendation to the
Planning and Development Board before the latter takes
final action.
B. Demolition, exterior alteration or enlargement of
structures or parking areas or construction of new
buildings or parking areas in C-SU Zones shall be subject
to design review as provided in Chapter 160. In performing
such review and recommending any modifications to proposed
exterior work, the Planning and Development Board shall pay
particular attention to the visual effect of such work on
the character of the area and adjacent residential zones.
In no case shall the Planning and Development Board take
final action on a proposal for demolition within any part
of the C-SU Zone which is not within a locally designated
landmark district before receiving the recommendation of
the Landmarks Preservation Commission on such proposal.
Approval of proposed demolitions, alterations or new
construction within the C-SU Zone by the Planning and
Development Board or the Landmarks Preservation Commission,
as applicable, shall be a prerequisite of approval of such
proposals by the Building Commissioner and the Board of
Zoning Appeals, as appropriate.
Section 3. The City Planning and Development Board and the City Clerk
shall update the District Regulations Chart, as referred to in §325-8,
n accordance with the amendments made herewith. i
Section 4. Severability. If any section, subsection, sentence, clause,
phrase or portion of this ordinance is held to be invalid or
unconstitutional by a court of competent jurisdiction, then that
decision shall not affect the validity of the remaining portions of
this ordinance.
Section 5. Effective date. This ordinance shall take affect
immediately and in accordance with law upon publication of notices as
provided in the Ithaca City Charter.
1
M E M O R A N D U M
CITY OF ITHACA
108 East Green Street Ithaca, New York 14850-5690
OFFICE OF THE CITY ATTORNEY
Daniel L. Hoffman, City Attorney Telephone: 607/274-6504
Khandikile M. Sokoni, Assistant City Attorney Fax: 607/274-6507
Robert A. Sarachan, Assistant City Attorney
Patricia M. O’Rourke, Assistant City Attorney
Krin Flaherty, Associate City Attorney
Jody Andrew, Executive Assistant
To: Planning and Economic Development Committee Members
From: Daniel L. Hoffman & Krin Flaherty
Date: November 9, 2011
Subject: Proposed ordinance
______________________________________________________________________________
Attached please find a proposed ordinance to define Light Industrial in the City zoning code and
clarify that the I-1 Industrial district permits only light industrial uses as of right. Below is a chart to
demonstrate how this ordinance clarifies the primary use section of the I-1 Industrial district.
An Ordinance Amending the Chapter 325 – “Zoning” – of the City of Ithaca Municipal
Code to Add a Definition and Clarify Permitted Industrial Uses in the I-1 Industrial Use
District.
WHEREAS, Chapter 325 of the City of Ithaca Municipal Code, entitled “Zoning,” sets forth the
zoning districts within the City of Ithaca, and states that the permitted uses for each district are
codified in the District Regulations Chart, which Chart is a separate document but is
incorporated by reference into Section 325-8 of said chapter; and
WHEREAS, only the uses specifically set forth in the District Regulations Chart are permitted as
of right in a zoning district; and
WHEREAS, exploration for natural gas, the extraction of natural gas, the storage, transfer,
treatment or disposal of natural gas exploration and production wastes, and related natural gas
operations are not specifically set forth as permitted uses in any zoning district and are therefore
are not and have not been permitted uses as of right within the City of Ithaca; and
WHEREAS, the I-1 Industrial Use district allows uses not explicitly permitted elsewhere within
the City of Ithaca, but subject to the issuance of a special permit, upon a finding by the Board of
Zoning Appeals and concurrence by Common Council that the use will have “no negative impact
by reason of noise, fumes, odors, vibration, noxious or toxic releases or other conditions
injurious to the health or general welfare;” and
WHEREAS, the Common Council wishes to add one definition and to clarify the District
Regulations Chart so as to remove any possible interpretation of the City Code as allowing, as of
right, the establishment of heavy industrial uses within the City, including but not limited to the
exploration for or extraction of natural gas, the storage, transfer, treatment or disposal of natural
gas exploration and production wastes, or related natural gas operations; and
WHEREAS, the Common Council accepted and approved a Comprehensive Plan for the City of
Ithaca on May 6, 1970, and, since that approval, has continued to study and to amend the City’s
Comprehensive Plan, from time to time; and
WHEREAS, the City of Ithaca’s Comprehensive Plan, on page 2, enumerates the following
among the City development objectives:
“2. A city which understands and does not abuse its nonreplaceable physical
resources,” by “…understand[ing] and make[ing] wise use of the soil, gorges,
water, air, and plants which are part of the community’s non-replaceable physical
resources;” and
2
“5. A city which encourages the diversity of its industrial base and makes every
effort to employ its labor force according to its skill and capacity… by
encouraging new light service and recreational industries to supplement our
existing service and educational industries.” [emphasis added]
WHEREAS, the introduction to the land use section of the Comprehensive Plan land identifies
education as the “basic industry” of the city, but also acknowledges “the value of diversifying
the industrial base by working to attract light service industry [emphasis added] and by
developing a viable recreation industry…” as “essential to a healthy, growing, future Ithaca.”1
The land use discussion also highlights the need for housing, adequate streets and the role of
parks and opens space in maintaining “the small city character” and reinforces the “recreational-
educational character” and ties the City’s developed areas to its “unique natural environment;”2
and
WHEREAS, the Comprehensive Plan as enacted in 1970 anticipated encouragement of light
industry, and subsequent amendments to the Comprehensive Plan have supported this approach,
rather than reliance upon heavy industry, which would serve to disrupt and jeopardize the City’s
recreational-educational, small-city character and its unique natural environment; and
WHEREAS, amendments to the Comprehensive Plan since 1970, and various City planning
studies and projects, seek to promote mixed-use, walkable development within the City, and to
protect and maintain natural features unique to the City such as the Cayuga Lake waterfront,
gorges, creeks and natural areas, and to support the character of existing neighborhoods, but do
not promote land use that would harm or result in a negative environmental impact 3 ; and
WHEREAS, the City of Ithaca has historically demonstrated and continues to support its
commitment to preserving the beauty, quality, use, and environmental integrity of all land within
the City, through establishment and passage of Code provisions supporting City programs such
as the Conservation Advisory Council, Parks Commission, Natural Areas Commission, City
Bicycle/Pedestrian Advisory Council, and Shade Tree Advisory Committee, and the City’s urban
forestry program; and
1 P. 24-25
2 P. 25
3 See for example: 1997 Ithaca Bicycle Plan; 1997 Tompkins County Waterplan; 1998
Southwest Area Land Use Plan addendum and 1994 original; 1998 Inlet Island Urban
Development; 1999 West End Urban Design Plan; 2000 Southwest Natural Area Master Plan;
2000 Design Guidelines, Southwest Area and Elmira Road - Meadow Street Corridor; 1998 An
Economic Development Plan for the City of Ithaca: A Program For Action prepared by
Planning/Environmental Research Consultants (modified in 2003).
3
WHEREAS, all uses in the I-1 Industrial Use District must comply with the Special Performance
Standards set forth in Section 325-24, which standards support the light industrial interpretation
clarified herein, in that the purpose of such standards is “…to permit a broad range of uses in
certain Industrial Districts by establishing standards of performance to protect residential
districts from adverse effects of industrial activities and to promote a safe and healthy
environment in and near the Industrial District,” and to lessen environmental industrial impacts
so as to not be injurious or offensive to neighbors and the public; and
WHEREAS, the clarification provided by this ordinance, namely, that only light industrial use is
permitted as of right, is consistent with the purposes and intent of the I-1 Industrial Use District
and removes any possible ambiguity about whether “industrial” use could be interpreted to mean
or include heavy industrial operations of any kind, including but not limited to natural gas
exploration or extraction, or related operations; and
WHEREAS, the Common Council agrees it is important to make these clarifications to the City
Code, for the following reasons:
(1) The establishment of new, heavy industrial uses within the City of Ithaca,
including but not limited to the exploration for or extraction of natural gas, or
related operations, would pose a significant threat to the health, safety, and
welfare of its residents and visitors.
(2) Widespread negative environmental impacts have resulted from heavy
industrial uses carried out in urbanized areas, including impacts on
groundwater quality (such as has occurred on Ithaca’s South Hill and at or
near other industrialized sites such as the former Ithaca Gun factory), surface
water quality, air quality, traffic, scenic resources, neighborhood and
community character, vegetation and habitats.
(3) The regulation and limitation of land uses allowed in the various areas and
districts of the City falls within the City’s authority to regulate land use
through the zoning powers expressly delegated to cities in the New York State
Constitution, Article 9, §§1, and in Municipal Home Rule Law, §10.
Furthermore, the regulation and/or exclusion of heavy industrial uses from the
City is a reasonable exercise of the City’s police powers so as to prevent
damage to the rights of citizens who would otherwise be negatively affected
by such uses and to promote the interests of the community as a whole;
now therefore
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows:
4
ORDINANCE NO. ________
Section 1. In the District Regulations Chart that is part of Section 325-8 of the Municipal Code
of the City of Ithaca, Column 2 (Permitted Primary Uses) under the I-1 Industrial District, is
hereby amended to read as follows:
1. Any use permitted in B-5, except that dwelling units are prohibited.
2. Light Iindustrial, warehousing, wholesaling, storage and handling of bulk goods (not
including rubbish as defined in § 196.1), lumberyards, and agriculture except that no
animals may be kept within 50 ft. of any property line.
3. Any use not permitted as of right 4 in the I-1 Use District or in any other zoning
district, subject to the issuance of a special permit of the Board of Zoning Appeals in
accordance with§325-9 and concurrence by the Common Council.
4. All uses must conform to special performance standards governing establishment of
industrial uses (See: §325-24).
5. Transfer station for recyclable materials. See § 181-13, Fire Limits
Section 2. The Definitions and Word Usage Section 325-3 of the Municipal Zoning Code of the
City of Ithaca is hereby amended to add a definition of “Light Industrial,” in alphabetical order,
and to read as follows:
LIGHT INDUSTRIAL
Fabrication, processing, converting, altering, assembling or other handling of products that:
A. Is conducted solely within a building or group of buildings; and
B. Does not result in 5 :
(1) Dissemination of noise, vibration, odor, dust, smoke, detectable gas or fumes or their
atmospheric pollutant beyond the boundaries of the immediate site of the building(s) in
which such use is conducted;
(2) Unusual hazard of fire, explosion or other physical danger to any person, building or
vegetation;
(3) Radiation or interference with radio or television reception beyond the boundary of
the property;
(4) A harmful discharge of waste material or any other means of disposal of waste
material other than by delivery to an authorized, off-site treatment facility; or
(5) Unusual traffic hazards or congestion due to the type of vehicles required.
4Tracks language of 325-9 (C)(o)
5 These conditions are similar to our § 325-24, Special Performance Standards in Industrial
District. The definition proposed here contains less specific language plus a restriction against
“no unusual traffic hazards or congestion due to type of vehicles required.”
5
Section 3. Severability. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that
decision shall not affect the validity of the remaining portions of this ordinance.
Section 4. Effective date. This ordinance shall take effect on January 1, 2012, and in accordance
with law, upon publication of notice as provided in the Ithaca City Charter.
6
WHEREAS, it has been shown that keeping laying hens for egg production, gardening, waste reduction
or pets has many benefits for local citizens, and
WHEREAS, over 120 municipalities, large and small, in the United States, allow residents to maintain
appropriately regulated small flocks of laying hens; now therefore, be it
RESOLVED, that Common Council enacts the following:
City of Ithaca Code Chapter 164.2 Keeping of animals restricted. A p rohibition is replaced with the
following:
A.2.......
will be issued on a one-time basis and will cost $25.00. An application may be obtained
from the office of the City Clerk. Twenty-five permits will be issued during the first year
following the passage of this ordinance to allow for an evaluation of the effectiveness of this
ordinance. The Planning and Economic Development Committee shall conduct this
evaluation one year from the passage of the ordinance.
2) Prohibitions. No person shall keep, pasture, breed, raise, harbor, stable or maintain any bees,
turkeys, geese, ducks, Guinea hens, peacocks or any other fowl or reptiles or any swine, horses, cows,
mules, sheep, goats or any other animals, except domesticated pets, and chickens as regulated above,
within the City.
3) Any violation of the above provisions will result in the revocation of a chicken owner's permit. Any
problems associated with a permitted flock should be reported to the Planning Department.
Deleted:
Deleted: 25
Deleted:
Deleted: first year
Deleted: the
Deleted:
Deleted: e
Deleted: ¶
Deleted: <#>Residents of Ithaca may
maintain small flocks of ducks, primarily
for eggs and gardening, subject to the
following provisions:¶
a) No person may keep, maintain or
possess more than 12 ducks on any
premises.¶
b) Sections of Parts 1) c-j, above are
also in effect for the maintenance of
ducks, including the permit and fee
associated with keeping ducks.
Deleted: 2
Deleted: and ducks
Deleted:
Deleted: ¶
¶
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164.2
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Keeping of animals restricted.
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A
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P
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.
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A
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.
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and other permitted animals
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:
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the
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considered to be “
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“
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shall
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existing setback and side yard requirements specified in
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S
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,
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'
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Location of accessory structures
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.
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Specific provisions include:
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or other regulations; in all cases there shall be a minimum of eight (8) feet
from the edge of all pens, coops and houses and adjacent property lines.
i) Accessory structures are allowed in side and rear yards, but not front yards
ii) If a house is on a corner it is considered to have two front yards.
iii) Structures may “not obstruct light and air from adjacent property
“.
iv) “Frame accessory buildings may not be placed less than three feet from
any side lot line or rear lot line in all districts, except in R-1 Districts, where
accessory buildings may not be placed less than six feet from any side lot line
nor less than three feet from any rear lot line, subject to further provisions of
this section.”
v) In addition to the provision of 325.25 consideration of neighbors is
important and there may be a need to screen some portion of a chicken coop
or runs from a neighboring property.
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vi) A
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,
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,
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must be submitted
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cleaned regularly and
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public
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In particular:
i) All manure must be properly managed. Manure must be composted
on site, space
permitting, or it must be packaged in secure containers and removed on
a regular basis as solid waste.
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h) To provide for the welfare of chickens maintained there shall be no less than
four (4) square feet of total combined pen, coop or house space per chicken.
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i
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j
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