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HomeMy WebLinkAbout04-24-18 Planning & Development Board Meeting Agenda PLANNING & DEVELOPMENT BOARD AGENDA The regular meeting of the PLANNING & DEVELOPMENT BOARD will be held at 6:00 p.m. on APRIL 24TH , 2018 in COMMON COUNCIL CHAMBERS, City Hall, 108 E. Green Street, Ithaca, NY. AGENDA ITEM Approx. Start Time 1. Agenda Review 6:00 2. Privilege of the Floor (3-minute maximum per person ― if you will be speaking about a project with a scheduled PUBLIC HEARING below , you are highly encouraged to speak at that time) 6:05 3. Site Plan Review A. Project City Centre 6:15 Location 301 E State / MLK Jr. St Applicant : Whitham Planning and Design on behalf of NDG Capital Partners Actions  Consideration of Project Changes and Conditions Project Description: The applicant proposes changes to the project that was approved on January 24, 2017. The changes primarily involve site layout, landscaping and building materials. This is a Type I Action under the City of Ithaca Environmental Quality Review Ordinance (“CEQRO”), §176-4 B. (1) (h) [4], (i), (k), and (n), and the State Environmental Quality Review Act (“SEQRA”), §617.4 (6.)(iv), and (11), for which the Lead Agency issued a Negative Declaration of Environmental Significance on December 20, 2016. B. Project Hilton Canopy Hotel 6:40 Location 115 Seneca Way Applicant : Whitham Planning and Design on behalf of Baywood Hotels Actions  Consideration of Exterior Materials Color Change Project Description: The applicant is requesting to change materials colors for the project that was approved on February 23, 2016. C. Project Retail Expansion (3,200 SF) 7:00 Location 744 S Meadow Street Applicant : James Boglioli for Benderson Development Corp Actions  Declaration of Lead Agency  Public Hearing Project Description: The applicant is proposing to build a 3,200 SF addition to the western end of the existing 17,546 retail space. The project will require the removal of an existing dumpster enclosure – which will be relocated to an expanded dumpster area behind the building to the south. The project includes the additions of two parking spaces to the existing lot. This is an Unlisted Action under the City of Ithaca Environmental Quality Review Ordinance and the State Environmental Quality Review Act and requires environmental review. CITY OF ITHACA 108 E. Green St. — Third Floor Ithaca, NY 14850-5690 JoAnn Cornish, Director DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT Division of Planning & Economic Development Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6565 E-Mail: dgrunder@cityofithaca.org Start Times: Start times are approximate only — APPLICANTS are responsible for being available at whatever time(s) their agenda item(s) is actually discussed. “An Equal Opportunity Employer with a commitment to workforce diversification.” 2 D. Project Duplex 7:20 Location 207-209 First Street Applicant : David Barken for Barken Family Realty LLC. Actions  Declaration of Lead Agency Project Description: The applicant is proposing to build a duplex and install associated site improvements on the 12,609 SF (.3 acre) project site which comprises two tax parcels each containing one duplex. The project contains communal outdoor spaces including raised garden beds, exterior trash enclosures and walkways. Site development requires the removal of 5 mature trees. The current large parking area at the rear of 207 First will be converted to greenspace. The project requires two area variances: one for an existing side yard setback deficiency and the other to reduce parking by one space. This has been determined to be a Type II Action under the City of Ithaca Environmental Quality Review Ordinance (“CEQRO”) and the State Environmental Quality Review Act (“SEQRA”). However, because this action has been determined to have potential impacts to the surrounding neighborhood, it is being reviewed as an Unlisted Action. E. Project GreenStar Cooperative Market 7:40 Location 750- 770 Cascadilla St Applicant : Noah Demarest for The Guthrie Clinic Actions  Declaration of Lead Agency  Review of FEAF Parts 2 & 3 Project Description: The applicant proposes to relocate GreenStar Cooperative Market from its current location at 701 West Buffalo Street to an existing 29,978 SF building on a 2.8 acre project site comprising two tax parcels at 750 & 770 Cascadilla Street. The site is currently occupied by two one-story concrete block structures, covering 37,615 SF and 29,978 SF. There is 17,543 SF of greenspace, and the remainder of the site is paved. The larger of the two buildings will be demolished to make way for a 160+/- car parking area, which will feature new landscaping and stormwater treatment systems. New greenspaces, entry and an outdoor café will be developed around the perimeter of the building. The building will be connected to Cascadilla Street by a new sidewalk along the east edge of the lot, and new sidewalks will be installed along the Cascadilla Street frontage to connect the site with the City sidewalk network. A timber structure along the street edge will incorporate signage and parking lot screening and create a defined street edge. The project in the waterfront Market District (MD). This has been determined to be a Type I Action under the City of Ithaca Environmental Quality Review Ordinance (“CEQRO”) §176-4 B.(1)(d) and the State Environmental Quality Review Act (“SEQRA”) § 617.4 (b)(10) and requires environmental review. F. Project Apartments (60 Units) Location 232-236 Dryden Road Applicant: Stream Collaborative for Visum Development Group Actions  Request to omit rooftop mechanical screen Project Description: This project was approved on 6/27/18 for two four-story apartment buildings that will contain 60 dwelling units with 191 bedrooms 6/27/17. The Applicant is requesting to omit the roof top mechanical screen on the buildings. 4. Old/New Business A. Chainworks District FGEIS – Special Meeting in May B. Planning Board comments on the proposal to allow the Planning Board to grant Special Permits 8:00 5. Reports A. Planning Board Chair (verbal) B. Director of Planning & Development (verbal) 8:25 6. Approval of Minutes: March 27, 2018 8:50 7. Adjournment 9:00 “An Equal Opportunity Employer with a commitment to workforce diversification.” 3 ACCESSING MEETING MATERIALS ONLINE You may access this agenda (including attachments) by going to the “Agenda Center” on the City web site (www.cityofithaca.org/agendacenter), under “Planning & Development Board.” For ease-of-access, a link to the most recent Planning Board agenda is always accessible on the Planning Board home page: http://www.cityofithaca.org/354/Planning-Development-Board. If you have a disability & would like specific accommodation to participate, please contact the City Clerk at 274-6570 by 12:00 p.m., 2-3 business days (not including weekends/holidays) before the meeting. Out of consideration for the health of other individuals, please try to refrain from using perfume/cologne and other scented personal care products at City of Ithaca meetings. Thank you for your cooperation and understanding. Phone: 607.379.9175 Email: whitham@whithamdesign.com 142 East State Street, Rear Ithaca, NY 14850 April 17, 2018 Lisa Nicholas Deputy Director of Planning City of Ithaca 108 East Green Street Ithaca, NY 14850 Dear Lisa, Thank you for considering our color change request for the canopy by Hilton project. Since the approvals for the project in 2016, the color selection on the building has undergone a change. The first change is a subtle one. The panel manufacturer was changed from Cem5 using Swiss Pearl paints to Nichiha Panels using PPG Paint. The new manufacturer has different formulations and names for their colors. The architect chose colors as close as possible to the ones originally approved. The new nomenclature is listed below. Large Accent Panels Carat Topaz 7072 became Applesauce Cake Small Accent Panels Noblis GreyN213 became Dark Ash Primary Building Color Noblis Grey N214 became Rockport Grey Rooftop Screening Carat Crystal 7010 became Grey Stone The second change took place when Hilton did not approve the yellow for the accent color. After that, all incidences of the yellow were replaced with Dark Ash, simplifying all accent panels to a single color. Large Accent Panels Applesauce Cake became Dark Ash Small Accent Panels Dark Ash no change Primary Building Color Rockport Grey no change Rooftop Screening Grey Stone no change The new manufacturer’s delivery timeline has shifted and we are seeking approval for this change as soon as possible to allow the developer to place an order for the panel in such a way that will not negatively impact the construction timeline. Thank you. Sincerely, Yamila Fournier Ithaca New York 03/27/2018 Materials As Approved February 2016 Proposed Final Color Choices April 2018 MATERIALS COMPARISON ITHACA NEW YORK1524 Delancey Street Philadelphia PA, 10902 www.spg3.com t.215.735.1524 ARCHITECTS SPG3 MATERIALS 2016.02.23 Ithaca New York BRICK VENEER COLOR: CANYON SMOOTH LOCATION: BRICK BASE 1ST FLOOR AND CORNER ACCENT ELEMENT MANUF BELDEN BRICK COMPANY CAST STONE COLOR: MONTECITO LOCATION: WALL TRANSITIONS, WINDOW SILLS, CAST STONE BASE ARRISCRAFT RENAISSANCE BRICK VENEER COLOR: MODULAR 503 LOCATION: BRICK FIELD COLOR MANUF BELDEN BRICK COMPANY ALUM AND GLASS STOREFRONT GLAZING SYSTEM COLOR: FLUROPON CHARCOAL LOCATION: STOREFRONT, WINDOWS, CORNICE MANUF: KAWNEER, QUAKER METAL CORNICE SYSTEM COLOR: PERMADIZE TERRA COTTA METALLIC LOCATION: CORNICES AT CORNER ACCENT ELEMENT MANUF: CENTRIA COMPOSITE FIBER CEMENT PANEL SYSTEM COLOR: CARAT TOPAZ 7072 LOCATION: PANEL COLOR - BAY MANUF: NICHIHA COMPOSITE FIBER CEMENT PANEL SYSTEM COLOR: NOBILLS GREY N213 LOCATION: ACCENT PANEL COLOR MANUF: NICHIHA COMPOSITE METAL PANEL SYSTEM COLOR: CARAT CRYSTAL 7010 LOCATION: EQUIPMENT SCREEN WALLS MANUF: NICHIHA, CENTRIA FORMAWALL COMPOSITE FIBER CEMENT PANEL SYSTEM COLOR: NOBILLS GREY N214 LOCATION: PANEL COLOR - FIELD MANUF: NICHIHA Downtown  Ithaca,  NY   Ithaca | The Commons by Hilton Materials Palette Planning Board Presentation - February 23, 2016 Ithaca New York 03/27/2018 Materials page 1 Ithaca New York 03/27/2018 Materials Proposed Final Color Choices April 2018 As Approved February 2016 EAST ELEVATION COMPARISON Ithaca New York 03/27/2018 East Elevation page 2 Carat Crystal Grey StoneNoblis Grey N214 Rockport Grey Carat Topaz Noblis Grey N213 Dark Ash Dark Ash Ithaca New York 03/27/2018 Materials Proposed Final Color Choices April 2018 As Approved February 2016 SOUTH ELEVATION COMPARISON Ithaca New York 03/27/2018 South Elevation page 3 Carat Crystal Noblis Grey N214 Grey Stone Rockport Grey Carat Topaz Noblis Grey N213 Dark Ash Dark Ash Ithaca New York 03/27/2018 Materials Proposed Final Color Choices April 2018 As Approved February 2016 WEST ELEVATION COMPARISON 2016.10.10 Ithaca New York 03/27/2018 West Elevation page 4 Noblis Grey N214 Noblis Grey N213 Carat Crystal Rockport Grey Dark Ash Grey Stone Ithaca New York 03/27/2018 Materials Proposed Final Color Choices April 2018 As Approved February 2016 NORTH ELEVATION COMPARISON Ithaca New York 03/27/2018 North Elevation page 5 Carat Crystal Noblis Grey N214 Carat Topaz Noblis Grey N213 Grey Stone Rockport Grey Dark Ash Dark Ash DRIVETHRUONLYDRIVETHRUONLY PARCEL-A740 SOUTH MEADOW STREET17,546 SQ. FT.F.F.E. 388.20PROPOSEDRETAIL ADDITION3,200 SFFFE:388.2034.75'92'OT PS San AR1AR2AR2AF1AF1MSA10IG8CS5TO16CONTRACTOR SHALL BE RESPONSIBLE FOR PROTECTION OF ANY EXISTING STRUCTURES TOMATERIAL INSTALLED WHILE WORKING ON OTHER COMPONENTS.6. CONTRACTOR SHALL KEEP JOB FREE OF DEBRIS AND MAKE FINAL CLEANUP TO THE SATISFACTION OF OWNER.CONTRACTOR SHALL ASCERTAIN THE LOCATION OF ALL UTILITIES PRIOR TO CONSTRUCTIONDISTURB EXISTING LINES AND/OR INSTALLATIONS EXCEPT AS DETAILED ON THE WORK WITH THE APPLICABLE UTILITY COMPANIES.8. CONTRACTOR SHALL OBTAIN AND PAY FOR ALL REQUIRED PERMITS NECESSARY TO PERFORM THE WORK.9. BUILDING DIMENSIONS ARE APPROXIMATE. REFER TO ARCHITECTURAL DRAWINGS FOR LAYOUT DIMENSIONS.SIDEWALK DIMENSIONS ARE APPROXIMATE. REFER TO ARCHITECTURAL DRAWINGS FOR THE SIDEWALK PLAN .CONCRETE SIDEWALK SEALERS: (REFER TO ARCHITECTURAL PLANS FOR LOCATION OF CONCRETE TYPES.) GREY CONCRETE SIDEWALKS SHALL HAVE CHEMMASTERS - POLYSEAL WB X2 COATS REQUIRED. EXPOSED AGGREGATE/STAMPED CONCRETE SIDEWALKS SHALL HAVE CHEMMASTERS SAFE-CURE & SEAL309 - X2 COATS REQUIRED.ELMIRA ROAD2,400 S.F.1,380 S.F.1,417 S.F.1,380 S.F.3,500 S.F.2,000 S.F.1,380 S.F.4,089 S.F.22,000 S.F.19,107 S.F.53,875 S.F.21,770 S.F.STORAGE8,015 S.F.4,100 S.F.3,000 S.F.3,920 S.F.TRAFFICSIGNALTRAFFICSIGNALPYLON BIKELANEBIKELANEBIKELANETHRUONLYTHRUONLYDRIVE66'14.14'44.62'54.62'39.5'51.56'76'76'92'21.76'16.66'15'15'14.5'44.44'39'26'20.31'11'27.42'97'152'215.19'205.76'44.35'248.09'215.19'105.7'21.12'21.27'84.5'104.01'142.81'123'149.45'27.23'34.52'18.88'11.67'74.31'AVAILABLERETAIL14,744 S.F.50.95'5845490PYLON 227'FLOOD RELIEF CHANNEL49.17'49.17'148.77'148.77'AVAILABLERETAIL7,315 S.F.3,200 S.F.34.79'92'FAIRGROUNDS MEMORIAL PKWYPROPOSEDRETAILDECIDUOUSEVERGREENTREE WRAP UP TOSPECIFIED SPECIESFIRST BRANCH ONWEED BARRIER3 @ 120°EXPOSURE WARRANTSON DECIDUOUS TREESUSE DEADMAN GUYSWHERE WIND CONDITION/LOOPS 3 @ 120°WIRE THRU HOSE30" CEDARDEADMAN2" MULCHSTAKEOF BALLDEPTHO OF BALL + 24"FROM TOP 1/3SCARIFY BOTTOMREMOVE BURLAPOF BALLOF PITPREVENT ROCKINGSET BALL TOSTD. TREE PLANTINGMIXTUREPLANTING BACKFILL2" LAYERSPECIFIED MULCH8" MIN.PLANTING BACKFILLWEED BARRIERON PLAN ORSPECIFIEDAS SHOWNEDGING AS SPECIFIEDIN PLANT LIST6"STD. SHRUB PLANTINGMIXTURELANDSCAPE NOTES:1. ALL PLANTS INSTALLED SHALL MEET OR EXCEED THE MINIMUM REQUIREMENTS AS NOTED ONTHE PLANS AND IN THE LATEST EDITION ON THE AMERICAN STANDARD FOR NURSERY STOCK, BYTHE AMERICAN ASSOCIATION OF NURSERYMEN, ANSI 260.12. THE CONTRACTOR SHALL BE RESPONSIBLE FOR HIS OWN QUANTITY TAKEOFF, THE QUANTITIESSHOWN ARE A MINIMUM AND ARE FOR REFERENCE ONLY.3. THE CONTRACTOR SHALL PERFORM A ROUGH FIELD STAKEOUT OF ALL PLANTING MATERIALLOCATIONS AND CONTACT THE OWNERS FIELD REPRESENTATIVE PRIOR TO ACTUALLINSTALLING. THE PLANTING MATERIAL LOCATIONS SHOWN ON THE PLANS ARE TO CONVEY THEDESIGN INTENT ONLY, ACTUAL LOCATIONS WILL BE FINALIZED BY THE OWNERS FIELDREPRESENTATIVE AT THE TIME OF INSTALLATION.4. THE CONTRACTOR IS HEREBY NOTIFIED THAT IF UNDERGROUND UTILITIES EXIST IN THE VICINITYOF THE PLANTINGS, ALL PROPOSED PLANTINGS SHALL BE INSTALLED A MINIMUM OF 5' FROMANY UNDERGROUND UTILITY, CONTACT THE OWNERS FIELD REPRESENTATIVE IF PLANTINGSSHOWN ON THE PLANS VIOLATE THIS SITUATION.5. ALL TREES SHALL BE INSTALLED A MINIMUM OF 20' FROM ANY OVERHEAD ELECTRIC LINES.6. PLANTING BACKFILL MIXTURE SHALL CONSIST OF 4 PARTS TOPSOIL, 1 PART PEAT MOSS, 13 PARTWELL ROTTED MANURE, 10 LBS 5-10-5 PLANTING FERTILIZER THOROUGHLY MIXED PER CUBICYARD.7. STAKE AND WRAP TREES IMMEDIATELY FOLLOWING INSTALLATION.8. ALL PLANTED AREAS SHALL RECEIVE A MAX. 2" LAYER OF COCOA BROWN MULCH. WEED MATEQUAL TO "WEEDBLOCK" BY EASY GARDENER OR DEWITT WEED BARRIER.9. ALL DISTURBED AREAS NOT RECEIVING PLANTINGS (INCLUDING RIGHT-OF-WAYS) SHALL BEPROVIDED WITH SOD. SEED PERMITTED AT DETENTION POND IF PLANTED EARLY ENOUGH TOESTABLISH.10. THE AREAS ON THE PLAN TO BE SEEDED SHALL HAVE 4" MINIMUM OF TOPSOIL, DISK PLOWED,LEVELED AND HAND RAKED SMOOTH. SURFACE SHALL BE ROLLED TO REMOVE LUMPS.11. ALL SEEDED AREAS SHALL BE HYDROSEEDED IN ACCORDANCE WITH THE SPECIFICATIONINDICATED. WHERE REQUIRED BY CLIMATIC CONDITIONS, SLOPE OR SEASON OF PLANTING. HYDROSEED SPEC: 20% RYE, 20% BLUE GRASS, 60% TURF TYPE FESCUE. SOD MAY BE SUBSTITUTED FOR SEEDING IN ORDER TO ACHIEVE THE REQUIRED COVERAGE(REFER TO CONTRACTOR FOR SOD/SEED COVERAGE).12. THE CONTRACTOR SHALL BE RESPONSIBLE FOR WATERING, MOWING AND OTHER MAINTENANCETO SEEDED AREAS UNTIL THE PROJECT IS ACCEPTED BY THE OWNER, THIS SHALL INCLUDEWATERING DAILY FOR 15 DAYS OR AS REQUIRED BY WEATHER CONDITIONS AND RE-SEEDING OFTHIN SPOTS FOLLOWING THE GERMINATION OF THE SEEDS.13. CONTRACTOR IS RESPONSIBLE TO PROTECT ALL EXISTING TREES ONSITE AND OFFSITE, WHICHARE TO BE PRESERVED, FROM ALL POSSIBLE TYPES OF ROOT, TRUNK, AND LIMB DAMAGE.LANDSCAPING INDEXSYMBOL KEY BOTANICAL NAME COMMON NAME CAL. SIZE ROOTQTY.[TREES]TOThuja occidentalisEMERALD GREENARBORVITAE6'-8'B & B16AFAcer x freemanii'Armstrong'ARMSTRONGFREEDOM MAPLE3"B & B 2ARAcer rubrumARMSTRONGRED MAPLE3"B & B5[SHRUBS & GRASS]IGilex Glabra 'Compacta'EVENGREENGALLBERRY-3GAL.8CSCornus Sericeo'Cardinal'RED TWIGDOGWOOD-3GAL.5MSAMiscanthis Sinensus'Adagio'MAIDEN GRASS-3GAL.10D R A W I N G N O .DRAWN BY:DATE:CHECKED BY:MAODMZ04.06.18(716) 886-0211570 DELAWARE AVE., BUFFALO, NY 14202PREPARED FORA R C H I T E C T J A M E S A L L E N R U M S E YSEALPROPERTY NUMBER:AREA:- -TITLE:CONSULTANTS P E C I A L I N F O R M A T I O N :ALL CONTRACTORS SHALL GUARANTEE THEIR WORKFOR A PERIOD OF ONE YEAR FROM THE DATE OFOWNERS ACCEPTANCE.SHOP DRAWING SUBMITTALS ARE REQUIRED FOR ANYAND ALL STRUCTURES.BY REMARKSDATENo.D R A W I N G R E V I S I O N S :UNAUTHORIZED ALTERATIONS OF THIS DOCUMENT AREIN VIOLATION OF SECTION #7209 OF THE STATEEDUCATION LAW.N O T I C E SCALE:# 3185South Meadow Marketplace OP 740 South Meadows Street Ithaca, NY 14850 PROPOSED ADDITION1" = 20'Landscape PlanC7.0WORK AREASCALE: 1:200LOCATION MAP 23.54' +/-PROPERTY LINEPROPERTY LINE213'-8 1/4" 117'-5 7/8" 249'-2 1/8"PROPERTY LINEPROPERTY LINE148'-3 1/8"175'-6 3/8"PROPERTY LINEPROPERTY LINE17.75' +/- 194'-5 5/8" 156'-5 3/4"262'-3 3/4"PROPERTY LINEPROPERTY LINE239'-5 5/8" 183'-7" 112'-2" 193'-11 1/2" Project # Date STREAM Collaborative architecture + landscape architecture dpc 108 W. State St. Fl 2 Ithaca, New York 14850 ph: 607.216.8802 www.streamcolab.com A 1 2 3 4 BCD 1" = 20'-0"4/17/2018 3:16:04 PMU:\2016047 - 232-236 Dryden Road - Visum\06.0 DRAWINGS\REVIT\2016047 - 232-236 Dryden Rd SITE - SPR.rvt0000 VIEW STUDY 2016047232-236 DRYDEN ROADAPRIL 15, 2018VISUM DEVELOPMENTCITY OF ITHACA, NYPERMIT SET REVISIONS Δ DESCRIPTION DATE 1" = 20'-0"1 EAST ELEVATION- VIEW STUDY 1" = 20'-0"2 NORTH ELEVATION- VIEW STUDY 1" = 20'-0"3 SOUTH ELEVATION- VIEW STUDY 1" = 20'-0"4 WEST ELEVATION- VIEW STUDY HOUSENO. 109PORCH BLDG. No. 320 APMT. GARAGE HOUSE BUILDING BUILDING No. 116 BUILDING HOUSE No. 228 CENTERLINE ASPHALTLANEMB M M M M A2011 A201 2 A202 1 A202 2 00001 0000 2 0000 3 0000 4 SUMMIT AVEDRYDEN ROAD 236 DRYDEN 232 DRYDEN FIRE LANE P-1P-1P-1 P-2 P-2 P-2 P-220.00'P-2P-2 N 5109.77' E 4701.92' CONC.LAWNPLANT PLANT F1 LAWN /C1 L502 Project # Date STREAM Collaborative architecture + landscape architecture dpc 108 W. State St. Fl 2 Ithaca, New York 14850 ph: 607.216.8802 www.streamcolab.com A 1 2 3 4 BCD 1" = 40'-0"4/17/2018 2:46:34 PMU:\2016047 - 232-236 Dryden Road - Visum\06.0 DRAWINGS\REVIT\2016047 - 232-236 Dryden Rd SITE - SPR.rvt0001 VIEW STUDY- PLAN 2016047232-236 DRYDEN ROADAPRIL 15, 2018VISUM DEVELOPMENTCITY OF ITHACA, NYPERMIT SET REVISIONS Δ DESCRIPTION DATE 1" = 40'-0"1 LAYOUT PLAN- VIEW STUDY 1 To: Svante Myrick, Mayor Mike Thorne, Superintendent of Public Works Common Council Board of Zoning Appeals Planning and Development Board Gino Leonardi, Zoning Administrator Aaron Lavine, City Attorney Julie Holcomb, City Clerk Mike Niechwiadowicz, Director of Code Enforcement Katie Borgella, Tompkins County Commissioner of Planning and Sustainability From: JoAnn Cornish, Director of Planning and Development Date: April 19, 2018 Re: Proposal to Authorize the Planning and Development Board to approve the granting of Special Permits. (Currently the Board of Zoning Appeals has this authority.) Currently, the Board of Zoning Appeals has the power to review and grant requests for special permits. The criteria used to evaluate whether or not to grant a special permit in the City Code, Chapter 325-3, Definitions and Word Usage is; “SPECIAL PERMIT, The written authorization by the Board of Appeals to permit, in a given district, a property use which, because of its nature, location or effect on the surrounding neighborhood, warrants special evaluation of each individual case.” The Planning Board, when reviewing site plans, uses much the same criteria as is used by the BZA to evaluate special permits. During site plan review, the PB looks at impacts a project will have on the immediate neighbors, the neighborhood, and the greater community. In accordance with the City Code Chapter 276, Site Plan Review, §276-7 Project review criteria. A. General criteria: the Planning Board is charged with weighing the impacts of a project by; (1) Avoidance or mitigation of any negative impacts. The following shall be emphasized in particular: (a) Erosion, sedimentation and siltation control in accordance with Chapter 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. CITY OF ITHACA 108 E. Green St. — Third Floor Ithaca, NY 14850-5690 JoAnn Cornish, Director DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT Division of Planning & Economic Development Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6565 E-Mail: dgrunder@cityofithaca.org 2 (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. The process for applying for a special permit is the same process as for a variance. Notification of neighbors within 200 feet, publication of a legal ad, and a required public hearing. The variance process takes about 45-55 days from the application deadline to the hearing date depending on what day the first Tuesday of the month falls on (BZA meets on the first Tuesday of the month). The applicant can expect to work through the process in about 60 days, depending on preliminary meetings and the information required. Approximately the same time period would be applicable if the Planning Board issues special permits. In 2017, the BZA issued 3 special permits; one for a community garden and two for accessory apartments. After numerous discussions with the Zoning Administrator for the City, it was thought that the Planning Board may be the more appropriate body to review applications for special permits since the review criteria was so similar to the site plan and environmental review criteria. I have attached the entire section of the Code, so that you can review the section on special permits as well as the proposed changes. The Planning and Economic Development Committee will consider the revision at its meeting on May 9, 2018. Your comments are respectfully requested prior to this meeting. If you have any questions, please do not hesitate to contact me at: jcornish@cityofithaca.org. or 274-6566. Page 1 of 16 Date: April 4, 2018February 6, 2018 Re: Proposal to Authorize the Planning and Development Board to approve the granting of Special Permits. (Currently the Board of Zoning Appeals has this authority.) § 325-9 Standards for special conditions and special permits. A. Intent. The intent of this section is to set forth additional regulations and conditions which shall apply to certain land uses and activities which are incongruous or sufficiently unique in terms of their nature, location and effect on the surrounding environment and the quality of the community to warrant special evaluation of each individual case. B. Special conditions. The Director of Planning and Development or designee shall approve the following uses only when the special conditions specified in this subsection have been met: [Amended 1-14-1993 by Ord. No. 93-2; 6-5-2013 by Ord. No. 2013-15[1]] (1) [2]Development in R-3 Districts which abut R-1 Districts. The development of any permitted use in the R-3a or R-3b Zoning Districts, except a one-family dwelling or a two-family dwelling, shall be subject to the following special conditions if the land on which the development occurs directly abuts land in either the R-1a or R-1b Zoning District. (a) Minimum lot size (area in square feet): The required area in square feet needed to satisfy the minimum lot size requirement shall be 150% of the requirement shown on the District Regulations Chart[3] for the R-3a or R-3b District. (b) Maximum building height: The maximum building height requirement shall be the same as the requirement on the abutting R-1a of R-1b District. (c) Maximum percent of lot coverage by buildings: The maximum percent of lot coverage by buildings shall be 75% of the requirement shown on the District Regulations Chart for the R-3a or R-3b District. Page 2 of 16 (d) Yard dimensions, side or rear yards: The minimum required side or rear yard requirement shall be 150% of the requirement shown on the District Regulations Chart for the R-3a or R-3b District if the side or rear yard abuts land in the R-1a or R-1b District. C. Special permits. (1) Applicability. The uses listed under the district regulations in §325-8 which require a special permit from the Board of Appeals Planning and Development Board are as follows: (a) Cemeteries in all districts. (b) Public utility facilities in all residential districts. (c) Private schools in all residential districts. (d) Nursery schools or child day-care centers in R-2 and R-U Districts. (e) Neighborhood retail or service commercial facilities in R-2 and R-3 Districts. (f) Hospitals or sanatoriums in R-3 Districts. (g) In P-1 Districts, within 200 feet of adjoining residential districts, any use other than public recreation, classrooms or living accommodations. In such P-1 Districts, living accommodations within 200 feet of adjoining residential districts shall conform to the use and area regulations applying to the strictest of such adjoining residential districts. (h) Signs in all districts, as provided in the Sign Ordinance.[4] [Amended 4-1-1981 by Ord. No. 81-2] (i) [5]Home occupations in all Residential Zoning Districts require a temporary special permit unless the home occupation meets all the following criteria: Page 3 of 16 [Added 4-1-1981 by Ord. No. 81-2; amended 11-4-1992 by Ord. No. 92-16; 12-2- 1998 by Ord. No. 98-30] [1] The occupation does not carry a stock of merchandise or store materials for resale or use in the occupation, except a reasonable supply of office supplies customarily incidental to a small office. [2] The occupation does not create traffic or need for parking beyond that which is customarily incidental to the residential use of the property. Factors that are not to be considered incidental to residential use are regularly scheduled events such as deliveries, client or customer visits or similar events. [3] The occupation requires or performs no exterior alterations and maintains no exterior display visible from outside the residence (including vehicles with signage parked outside of the buildings) except a nameplate as permitted by Municipal Code Chapter 272, Signs. [4] The occupation does not create any noise, vibration, smoke, dust or objectionable effects not customarily incidental and accessory to the residential use of the property. (j) In any district, towers or structures for the transmission or receipt of radio or other electronic communications signals, except towers or structures subject to Article V-A of this chapter, entitled "Telecommunications Facilities and Services," unless: [Added 4-1-1981 by Ord. No. 81-2; amended 11-4-1992 by Ord. No. 92-15; 12-3- 2003 by Ord. No. 2003-20] [1] The towers or structures are antennas or satellite dishes with a maximum dimension of six feet or less; [2] Such antennas or satellite dishes are not in a front yard; [3] The maximum height (top to bottom) of such antenna or satellite dish, when combined with attached mounting supports, is 10 feet or less; and [4] Such antennas or satellite dishes, if they are to be located where they would ordinarily be visible from a public way adjoining the property, are subject to the following conditions: Page 4 of 16 [a] If in a residential zone or on a lot abutting or across a street or waterway from a residential zone, they shall be screened from such view. [b] In all other locations, they shall be screened from such view or be of a color and/or in a location that will minimize their visual impact. (k) Towers or structures intended for use in the generation of electricity for the premises on which such tower is located in any district. [Added 4-1-1981 by Ord. No. 81-2] (l) Community or neighborhood gardens in all districts. [Added 7-10-1985 by Ord. No. 85-6] (m) (Reserved)[6] (n) Group adult day-care facilities in R-2 Districts. [Added 5-6-1987 by Ord. No. 87-13] (o) Any use not permitted as of right in the I-1 Zoning District. [Added 11-14-1989 by Ord. No. 89-16] (p) Redemption centers in B-2 Districts. [Added 10-6-1993 by Ord. No. 93-19] (q) Bed-and-breakfast homes and bed-and-breakfast inns. [Added 9-6-1995 by Ord. No. 95-10] (r) Neighborhood parking in any district where such parking is permitted. [Added 6-6-2012 by Ord. No. 2012-03] Page 5 of 16 (2) Required plan. (a) A plan for the proposed development of a site shall be submitted with an application for a special permit. The plan shall generally conform to the requirements for presentation of plans set forth in Ch. 290, Subdivision of Land. It shall show parking areas, traffic areas, landscaping, building arrangement, the height and number of stories of the buildings, topography and other pertinent information that may be required by the Board of Appeals. (b) In addition to the plan requirements set forth in Subsection C(2)(a) above, an applicant for a special permit for a school or related use must provide the following information: [Added 11-6-1985 by Ord. No. 85-14] [1] Information on the nature of the proposed uses to be conducted or facilities to be located on the premises, including but not limited to the courses of study and subjects to be offered, the size and composition of the student body to be accommodated, the size of the faculty and staff required, the daily hours of operation and annual periods of operation and the type and location of support facilities required. [2] Information concerning the type and number of living accommodations which may be required to serve any increase in the institution's enrollment resulting from the proposed action, including the location and availability of those accommodations. [3] Documentation of the evaluation of suitable alternative sites for the proposed activity, together with reasoning supporting its preference for the site for which a special permit is sought. [4] Detailed information on the occupant load, night operation and the use of chemical, biological or radioactive agents expected in connection with the proposed activity. (3) Standards applicable to all uses requiring special permits. No special permit shall be recommended granted by the Planning and Development Board or granted by the Board of Appeals unless the proposed use or activity meets the following requirements: (a) Page 6 of 16 The location and size of the use, the size of the site in relation to it and the location of the site with respect to the existing or future streets giving access to it shall be such that it will be in harmony with the existing or intended character of the neighborhood and will not discourage the appropriate development of adjacent land and buildings or impair the enjoyment or value thereof. (b) Operations in connection with any special use shall not be more objectionable to nearby property by reason of noise, fumes, increased vehicular traffic or parking demand, vibration or flashing lights than would be the operations of any use permitted without a special permit. (4) Specific standards applicable to certain uses requiring special permits. Certain uses listed in the district regulations in § 325-8 as requiring a special permit must conform to the applicable conditions set forth in this subsection. (a) Neighborhood retail or service commercial facilities in R-2 and R-3 Districts: [1] The applicant must furnish information as to the specific goods or services offered and the nature, size and hours of operation of the facility proposed in sufficient detail to enable the Planning and Development Board of Appeals to determine whether the use conforms to the limitations specified in the definition of this category. (See § 325-3.) [2] The response of those notified by the applicant appellant as required in the procedures set forth in § 325-40, as well as that expressed at the public hearing, should be a principal factor in the Board's decision to grant the special permit. [Amended 8-5-1992 by Ord. No. 92-9; 12-2-1998 by Ord. No. 98-30] (b) Towers or structures for the transmission or receipt of electronic communications signals in connection with any commercial or business enterprise in any zone except towers or structures subject to Article V-A of this chapter, entitled "Telecommunications Facilities and Services:" [Amended 12-3-2003 by Ord. No. 2003-20] [1] Applicants must furnish information on the nature of the business requiring such means of communication, including reasons why such tower or structure must be located on the premises in question. Page 7 of 16 [2] Applicants shall furnish the Board of Zoning AppealsPlanning and Development Board with scale drawings of the proposal, including, as a minimum, a plot plan of the premises involved showing lot lines and the accurate locations of all buildings or structures on the premises and on each adjacent lot, as well as the locations of the proposed tower and all guy wires, poles or anchors, and a sketch elevation of the premises accurately depicting the proposed tower and its relationship to structures on the premises and to the nearest structures on adjacent lots. [3] Applicants shall provide sufficient information, including manufacturer's specifications or engineering data, to assure the Board that the proposed tower or structure will not unnecessarily obstruct the view from neighboring properties, that the tower support system meets manufacturer's specifications or engineering requirements and that the tower and its supports will be adequately safeguarded against structural damage by persons or vehicles and against unauthorized climbing. [4] The response of those notified by the appellant applicant as required in the procedures set forth in § 325-40, as well as that expressed at the public hearing, should be a principal factor in the Board's decision to grant the special permit. [Amended 8-5-1992 by Ord. No. 92-9; 12-2-1998 by Ord. No. 98-30] (c) Towers or structures for use in the generation of electricity for use on the premises where such tower or structure is located in any district: [Added 4-1-1981 by Ord. No. 81-2] [1] Same as Subsection C(4)(b)[2] for radio towers above. [2] Same as Subsection C(4)(b)[3] for radio towers above. [3] Applicants shall furnish the Planning and Development Board with sufficient information, including manufacturer's specifications or engineering data, on the mechanical devices and the materials in the generating structure to indicate that excessive or annoying noise will not be produced during prolonged operation of the generating machinery and that Page 8 of 16 failure of moving parts during operations will not present a safety hazard to adjoining properties due to flying debris. [4] Same as Subsection C(4)(b)[4] for radio towers. (d) Specific standards applicable to schools and related buildings in all residential districts [R-1 (R-1a and R-1b), R-2 (R-2a, R-2b and R-2c), R-3 (R-3a and R-3b) and R-U]. Notwithstanding the criteria set forth in Subsection C(3) above, which criteria shall not apply hereto, no special permit shall be granted by the Board of Appeals Planning and Development Board unless the proposed use or activity meets the following requirements: [Added 11-6-1985 by Ord. No. 85-11; amended 1-8-1990 by Ord. No. 90-2] [1] If the proposed use is the expansion of an educational use, then the applicant must show a need to expand into the residential area rather than into a less-restrictive area. No special permit shall be granted by the Board of Appeals Planning and Development Board unless the applicant can demonstrate that there is no reasonable alternative to location or expansion on the site proposed. [2] The location and size of the use, the size of the site in relation to it, the operations in connection with the use and the parking and traffic related to the operations shall not be such as to create a significant hazard to the safety or general welfare of the surrounding area. [3] The proposed use or operation shall not produce or present substantial danger of excessive noise, noxious odors, noxious or harmful discharge, fire or explosion, radiation, chemical or toxic release or other conditions injurious to the health or general welfare of occupants of nearby properties. [4] The size and use of the facility or the concentration with similar facilities in the neighborhood shall not be so substantially out of proportion to the character of the neighborhood as to jeopardize the continued use of the neighborhood for residential purposes. (e) Community or neighborhood gardens in all districts: [Added 7-10-1985 by Ord. No. 85-6] Page 9 of 16 [1] Applicants shall provide evidence of approval for such use from the owner of the property on which the gardens are to be located. [2] Applications shall provide evidence that the area to be used will at all times be operated in a responsible manner so as not to present a nuisance to or interfere with the use and enjoyment of neighboring private or public property. Such evidence shall designate at least one responsible adult, who shall be a participant in the gardening, a representative of the sponsoring organization or the owner of the subject property, to administer or coordinate the operation and to act as a contact person therefor. [3] Applications shall be submitted in writing to the Department of Planning and Development and shall include: [Amended 6-5-2013 by Ord. No. 2013-15[7]] [a] The name, address and phone number(s) of the contact person. [b] A description of the refuse disposal procedure to be followed and of the intended use of organic materials, chemical fertilizers, herbicides and pesticides. [c] A site plan showing the proposed locations of all features of the site, including access point(s) and any of the required parking spaces that may be located on adjacent property. Applicants, or the administrator/coordinator of the garden area, shall ensure the following: [a] That the gardening activity on individual plots is confined to the hours of 7:00 a.m. to 10:00 p.m., except that power machinery shall not be operated before 8:00 a.m. or after 8:00 p.m. [b] All organic refuse and trash from the gardening operations is promptly and properly disposed of on at least a weekly basis and that, pending disposition, it is stored neatly in such a way that it does not produce offensive odors or attract dogs, raccoons or vermin. Page 10 of 16 [c] That power or motorized machinery used in preparing and maintaining individual plots is no larger than that normally used in connection with home gardening, e.g., a typical walk- behind rototiller. [d] That farm tractors or other heavy machinery is not employed on the site except for initial site development and for annual spring preparation and fall cleanup, if necessary; and in those instances it shall be operated only between 8:00 a.m. and 6:00 p.m. weekdays. [e] That mulch, compost or organic fertilizer employed in the gardening is confined to the site in a neat and orderly manner and that no fresh manure shall be used or composted. [f] That noxious fertilizers or noxious chemicals employed in the gardening are used only with the knowledge and consent of all gardeners using the site, all adjoining property owners and, in the event that adjoining properties are rental residential properties, with the knowledge and consent of the head of each tenant household. [g] That no flammable liquids will be stored on the site. [h] That noise and odors produced in connection with the gardening activity will be no greater than those normally associated with home gardening. [i] That City residents of the area nearest the site will be given an opportunity to obtain plots in the allocation of plots on a first priority basis. [j] Other City residents will be given an opportunity to obtain plots in the allocation of plots on a second priority basis. [k] That unused portions of the site will be maintained in a neat and orderly manner at all times. [l] Page 11 of 16 That, at the end of each gardening season or within 30 days of revocation of a permit, whichever occurs first, the entire site will be cleaned and left with a neat appearance. [5] In addition, the applicable portions of § 325-15A and C shall be observed. [6] In consideration of the fact that such gardens may be of an interim nature, may occupy only a portion of a parcel and may be located on property unsuited for other uses permitted under this chapter, the district regulations specified for permitted uses under § 325-8 of this chapter shall be superseded, where applicable, by the following regulations for community or neighborhood gardens: [a] Minimum lot size: none. [b] Width in feet at the street line: none required; however, sites lacking street frontage shall be accessible to vehicles and pedestrians via a right-of-way of at least eight feet in width. [c] Structures permitted: No structures for human habitation or occupancy shall be permitted except for a weather shelter for gardeners, which may have a maximum floor area of 64 square feet. A light accessory structure for storage of gardening equipment and materials for plant propagation, with a maximum floor area of 64 square feet, may be erected separately or attached to the weather shelter. If necessary, a well- housing structure for the production of water for garden use may be erected with permission of the owner of the site. [d] Parking and loading space: At least one off-street space on or immediately adjacent to the site shall be provided for the use of the gardeners for each 15 individual garden plots on the site or portion thereof. [e] Yard setbacks shall not be required, except that the provisions of §§ 325- 17B and C and 325-25 of this chapter shall apply to any plantings, fences or accessory structures on the site. [7] Page 12 of 16 The response of those notified by the appellant applicant as required in the procedures set forth in § 325-40, together with any other written comment received by the Planning and Development Board before the hearing, as well as that comment expressed at the public hearing, with primary consideration given the wishes of residents living within 200 feet of the property, should be a principal factor in the Planning and Development Board's decision to grant or deny the special permit. [Amended 8-5-1992 by Ord. No. 92-9; 12-2-1998 by Ord. No. 98-30] [8] In granting a special permit for community or neighborhood gardens, the Planning and Development Board may prescribe any conditions that it deems necessary or desirable, including but not limited to additional off-street parking spaces, so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done. [9] Special permits for neighborhood and community gardens shall be reviewed by the Director of Planning and Development or designee at least annually for compliance with this section and with any conditions established by the Planning and Development Board. If, following such review or investigation of any complaint, the Director of Planning and Development or designee determines that a substantial violation exists, notice of such violation shall be mailed to the contact person designated in accordance with Subsection C(4)(e)[2] above, requiring that such violation be corrected within 15 days. If satisfactory correction is not made, the permit may be revoked by the Director of Planning and Development or designee. Appeals to such revocation shall be made to the Planning and Development Board as provided in § 325-41 of this chapter. [Amended 6-5-2013 by Ord. No. 2013-15[8]] [10] Special permits for neighborhood and community gardens shall be revoked automatically if the site is not used as a community or neighborhood garden, as that term is defined in § 325-3, for one complete garden season. (f) Group adult day-care facilities in R-2 Districts: Applicants shall furnish information sufficient to describe the scope of the proposed activity, including the size of the building, the number of clientele, the operating hours, off-street parking availability, the number of employees and the proximity to other group adult day-care facilities in the neighborhood. Prior to granting any special permit for such use, the Board of Zoning Appeals Planning and Development Board must find that the activity is compatible with the character and quality of the neighborhood in which it is to be located. [Added 5-6-1987 by Ord. No. 87-13] Page 13 of 16 (g) Bed-and-breakfast homes and bed-and-breakfast inns: [Added 9-6-1995 by Ord. No. 95-10] [1] The Board of Zoning Appeals Planning and Development Board shall only grant a special permit for a bed-and-breakfast home or a bed-and-breakfast inn (in those districts allowing such uses) if the following special conditions are met and adhered to during the period the bed-and-breakfast use is in operation: [a] Each such use before it commences must obtain a certificate of occupancy from the Director of Planning and Development or designee. [Amended 6-5-2013 by Ord. No. 2013-15[9]] [b] A bed-and-breakfast home must be owner-occupied and owner-managed. A bed-and- breakfast inn must be owner-managed. [i] An owner-occupant is an individual who owns at least a 1/2 interest in the real estate on which the bed-and-breakfast home is located and also owns at least a 1/2 interest in the business of running the bed-and-breakfast home and who primarily resides in and lives in the bed-and-breakfast home for at least 80% of the days (in each calendar year) when the bed-and-breakfast home is open for business as a bed-and-breakfast home. [ii] An owner-manager is an individual who owns at least a 1/2 ownership interest in the real estate on which the bed-and-breakfast home or bed-and-breakfast inn is located and also owns at least a 1/2 interest in the business of the bed-and-breakfast home or bed-and- breakfast inn and who is primarily responsible for the management of the bed-and- breakfast home or bed-and-breakfast inn and is physically present in the bed-and- breakfast home or bed-and breakfast inn at least once per day for 80% of the days (in each calendar year) when the bed-and-breakfast home or bed-and-breakfast inn is open for business. [c] Bed-and-breakfast homes or inns in residential zones must be compatible with the surrounding residential neighborhood. No alterations to the exterior of the house for the purpose of establishing or expanding bed-and-breakfast operations shall be permitted except for routine maintenance, alterations not requiring a building permit, restoration or requirements related to safety or handicapped accessibility. There shall be Page 14 of 16 no exterior indication of a business, except the one permitted sign as indicated below and required parking. Drawings illustrating any proposed exterior modifications must be submitted with the special permit application. [d] Drawings illustrating any major proposed interior modifications (excluding plumbing, wiring or other utility work) directly related to establishing or continuing the bed-and- breakfast use must be submitted with the special permit application. Examples of major interior modifications are the removal, replacement or installation of staircases or partitioning walls. [e] No cooking facilities are permitted in the individual guest rooms. [f] Food service shall only be provided to guests taking lodging in the bed-and-breakfast home or inn. [g] In R-2 Zones, no bed-and-breakfast home may be located on a lot closer than 500 feet to any other lot containing a bed-and-breakfast home, with only one such establishment permitted per block face. [h] There shall be no more than one sign. Such sign shall not be self-illuminated and shall not exceed five square feet in area. Additional requirements described in Chapter 272, entitled "Signs," of this Code shall be met. [2] The response of those notified by the appellant as required in the procedures set forth in § 325-40, as well as that expressed at the public hearing, should be a principal factor in the Planning and Development Board's decision to grant or deny the special permit. [Amended 12-2-1998 by Ord. No. 98-30] [3] A special permit granted for a bed-and-breakfast home located in an R-2 Zone shall expire after a period of five years. All the requirements pertaining to the application for and granting of a first-time special permit for a bed-and-breakfast home shall also apply to the application for and granting of a renewed special permit for a bed-and-breakfast home located in an R-2 Zone, including the notification procedures set forth in § 325- 40 and the expiration of such renewed special permit after five years. [Amended 12-2-1998 by Ord. No. 98-30] Page 15 of 16 (h) Temporary special permits for home occupations. [Added 12-2-1998 by Ord. No. 98-30] [1] Spaces in which home occupations are conducted must comply with the New York State Uniform Fire Prevention and Building Code. [2] A home occupation temporary special permit shall be issued for a three-year period. [3] The response of those notified by the appellant as required in the procedures set forth in § 325-40, as well as that expressed at the public hearing, should be a principal factor in the Planning and Development Board's decision to grant the temporary home occupation special permit. [4] Renewals. The renewal of temporary home occupation special permits for additional three-year periods shall be granted by the Director of Planning and Development or designee following inspection of the premises by the Department of Planning, Building and Development, submission of a renewal application form issued by the Department of Planning and Development and an affidavit stating that the conditions as originally set forth to the Board of Zoning Appeals Planning and Development Board have not changed in any way. It is the responsibility of permit holders to renew their temporary special permits. The Director of Planning and Development or designee shall determine that the premises still meet the standards of the New York State Uniform Fire Prevention and Building Code and that the original qualifying conditions still exist. The Director of Planning and Development or designee is authorized to charge a fee of $30 for each renewal inspection conducted. [Amended 6-5-2013 by Ord. No. 2013-15[10]] [5] Revocation. The Building Commissioner Director of Planning and Development or designee shall revoke any special permit issued hereunder, should the applicant or the applicant's tenant violate any provision of this chapter or any condition imposed upon the issuance of the special permit. [6] Periodic review. The Department of Planning and Development shall review the effects of this section at least every five years to determine the long-term effect on the residential character of the neighborhoods. Page 16 of 16 [Amended 6-5-2013 by Ord. No. 2013-15[11]] [11] Editor's Note: This ordinance provided for an effective date of 1-1-2014. (i) Parking in the Waterfront Zone. Parking areas will be permitted as a primary use in the Waterfront Zone WF-1 and WF-2 districts by special permit and only if they are open to the public or if they are intended to serve the needs of multiple businesses. [Added 10-5-2011 by Ord. No. 2011-13] (5) In the I-1 Zone and the Cherry District, uses other than those permitted under § 325- 8 may be permitted by special permit upon a finding by the Board of Zoning Appeals Planning and Development Board and concurrence by the Common Council that such use shall 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. [Added 11-14-1989 by Ord. No. 89-16] D. The Board shall deny a special permit in all instances where it finds that a proposed use would have a significant negative impact on traffic, congestion, property values, municipal services, character of the surrounding neighborhood, or the general plan for the development of the community. The granting of a special permit may be conditioned on the effect the use would have on traffic, congestion, property values, municipal services or the general plan for the development of the community. The applicant may be required by the Planning and Development Board to submit plans for the site and for parking facilities and to disclose other features of the applicant's proposed use so as to afford the Planning and Development Board an opportunity to weigh the proposed use in relation to neighboring land uses and to cushion any adverse effects by imposing conditions designed to mitigate them. If the Planning and Development Board finds that the adverse effects cannot be sufficiently mitigated, then the Planning and Development Board shall deny the special permit. [Added 7-8-1987 by Ord. No. 87-16; amended 7-1-1998 by Ord. No. 98-11]