HomeMy WebLinkAbout01-22-20 Planning and Economic Development Committee Meeting Agenda Meetiong
Planning and Economic Development Committee
DATE:January 22, 2020
. � Ithaca Common Council TIME:6:00 pm
LOCATION:3`d floor City Hall
Council Chambers
AGENDA ITEMS
Item Voting Presenter(s) Time
Item? Start
) Call to Order/Agenda Review No Seph Murtagh, Chair 6:00
2) Public Comment No 6:05
3) Special Order of Business
a) Public Hearing: Community Gardens Zoning Amendment Yes 6:30
4) Announcements, Updates, Reports
a) Call for proposals: HUD Action Plan No 6:40
b) Green Building Policy No Nick Goldsmith, Planning 6:45
c) Tree Ordinance No Jeanne Grace, DPW 7:00
5) Action Items (voting to send on to council)
a) Lead Agency Concurrence for Planning Board Yes Lisa Nicholas, Planning 7:30
b) Community Gardens Zoning Amendment Yes Jennifer Kusznir, Planning 7:35
c) Accessory Dwelling Units Yes Jennifer Kusznir/Alex Phillips, 7:45
Planning
6) Discussion
a) Housing Strategy—Next Steps No 8:15
b) 2019 Accomplishments—220 Goals and Work Plan (sent No 8:40
under separate cover
7) Review and Approval of Minutes
a) November 2019 Yes 8:45
8) Adjournment Yes 8:50
If you have a disability and require accommodations in order to fully participate, please contact the City
Clerk at 7 - 70 by noon on Tuesday,January 21, 2020.
**Out of consideration for the health of other individuals,please try to refrain from using perfumelcologne and other
scented personal care products at City of Ithaca meetings. Thank you for your cooperation and understanding. **
LEGAL NOTICE
PLEASE TAKE NOTICE that the Common Council of the City of Ithaca, New York, will hold a
public hearing to consider a proposal to amend city code regulating Community Gardens.
The existing City code contains regulations which refer to Community and Neighborhood
Gardens. However, the City is proposing establishing separate regulations for neighborhood
gardens, which are smaller gardens located within a neighborhood, and community gardens,
which allows for a larger more permanent use that may contain structures related to the permitted
use. Minor changes are proposed to City Code Sections 325-3 Definitions, 325-9 Special
permits, and 325-10 Additional Conditions for Special Permits in order to change the existing
regulations to refer only to neighborhood gardens and to establish a new separate definition for
community gardens.
The hearing will be held in the Common Council Chambers, City Hall, 108 East Green Street, in
the City of Ithaca, New York, on Wednesday, January 22, 2020, at 6:00 p.m. A copy of the
proposed zoning amendment can be viewed in-house at the Department of Planning &
Development, 3 d Floor City Hall, 108 East Green Street, Ithaca, New York.
JoAnn Cornish
Director of Planning & Development
01/06/2020
ECONOMIC DEVELOPMENT, including: • IMPACT: Results that will be achieved to
• Job creation and/or retention, resulting address the identified need, including
CDBG & HOME PROJECTS from: number of persons to benefit from the
HUD regulations control the use of both CDBG - Loans to businesses project(both LMI and total number),or
and HOME funds. There is a two-tier test to - Micro-enterprise programs impact of the project on neighborhood
determine project eligibility: - Technical assistance to businesses stability.
• Brownfield remediation or blight removal • FEASIBILITY: Reasonableness of proposed
r�1 NATIONAL OBJECTIVES TEST PUBLIC SERVICES, including: budget and timeline,and extent to which
All projects must either eliminate slum/blight • Services for LMI persons,such as: applicant anticipates and proposes to
conditions or principally benefit low- and - Transportation services manage potential obstacles to completion.
moderate-income (LMI) persons in one of the - lob training&job placement • CAPACITY: Evidence applicant possesses
following ways: - Youth &senior programs sufficient resources to successfully
A. DIRECT BENEFIT:At least 51%of households Note: Public Services funding will be limited to approx. Implement the project.
benefiting from the project are LMI. For $100,200(15%of CDBG entitlement grant)for all projects.
o • MATCHING FUNDS: Proportion of
housing projects, 100%of assisted households
must be LMI. PUBLIC FACILITIES, including: CDBG/HOME funds used, in comparison to
• Streets; parks&playgrounds;sewer,water matching funding from other sources.
B.AREA BENEFIT: Project benefits all residents &drainage systems; pedestrian safety
of a particular neighborhood where 51%or • COORDINATION: Extent to which the project
improvements;and community centers implements or coordinates with other
more of the residents are LMI persons. Childcare centers p
initiatives, plans, or proposed projects.
LMI households are defined as follows: • Removal of architectural barriers to
facilities for elderly and disabled persons • PROMOTION OF FAIR HOUSING: Extent to
Household Maximum Income
which project addresses any of the factors
Size 80%of Area Median Income(AMI)
contributing("Contributing Factors")to fair
1 person $47,000
housing issues and problems in the City of
3 persons $60,400
2 persons $ , 00 To be considered for funding, each proposal Ithaca.
4 persons $67,100 must satisfy following two threshold criteria:
5 persons $72,500 • ELIGIBILITY ; .. . ,., .
6 persons $77,850
All projects must meet the HUD threshold Submission requirements are described in
NOTE:THESE LIMITS ARE EXPECTED TO BE UPDATED BY HUD IN JUNE 2020.
requirements. application forms and accompanying
® PROJECT ELIGIBILITYIPRIORITY TEST instructions. Application materials may be
• CONSISTENCY with CONSOLIDATED PLAN obtained as follows:
Eligible projects include: All projects must address Priorit Need s
identified in 2019-2023 Consolidated Plan, • Online: www.IthacaURA.org
AFFORDABLE HOUSING, including: available at:www.Ithaca URA.or . • Pick-Up: IURA, City Hall, 108 E. Green
• Rehabilitation of housing rd
St., 3 Floor, Ithaca, NY 14850
• Construction of new housing
Proposals that satisfy these threshold criteria
• Homeownership assistance • Call/E- ail: (607) 274-6565
will be prioritized for funding based on an cpyott
• Facilities for persons with special needs cityofithaca.org
(e.g., homeless shelters,group homes) evaluation of:
• Tenant-Based Rental Assistance(TBRA) • NEED: Documented extent and severity of "" i
the need the project will address. �,
For MORE INFORMATION and free TECHNICAL
ASSISTANCE, please contact:
nisa Mendizabal
Community Development Planner, Ithaca
amendizabal cit ofithaca,or Urban
(607) 274-6553 Ell 0 1 Renewal
al
Agency
Charles Pyott -
Contracts Monitor
cpyott@cityofithaca.org 2020 CALL FOR
(607) 274-6565 PROPOSALS
Ithaca Urban Renewal Agency
108 E. Green St. ( 3rd Floor Community Development
Ithaca, NY 14850 Block Grant
Office Hours: 8:30 a.m.-4:30 p.m., M-F HOME Investment Partnerships
Note: Offices CLOSED Monday,January 20,2020 for
Martin Luther King,Jr.Holiday and Monday,February 17, Program
2020 for Presidents Day Holiday.
On behalf of the City of Ithaca, the
Ithaca Urban Renewal Agency (IURA)
seeks proposals for projects to be
included in the City's draft 2020
PUBLIC INFORMATION INPUT MEETINGS Department of Housing & Urban
More information will be provided on the application Development (HUD) Entitlement Action
process at meetings below, which will also describe
regulatory requirements, process, best practices, Plan. Approximately $668,000 in CDBG
proposed schedule, and solicit public input for the City funds and $297,000 in HOME funds are
of Ithaca 2020 Action Plan. expected to be available.
Public Information&Input Meeting#1
Tuesday,January 14,2020,6:00-7:30 p.m. Community groups, businesses, non-
BorgWarner Community Room,Tompkins County Public profit organizations, and individuals are
Library,109 E.Green St.,Ithaca,NY 14850
invited to submit proposals for projects
Public Information&Input Meeting#2 to be funded through these programs.
Wednesday,January 22,2019,12:00-1:30 p.m.
Common Council Chambers(Third Floor),108 E.Green
St.(City Hall),Ithaca,NY 14850 C, APPLICATION DEADLINE:
NOON
n 00
MeeFebruary 28, 2020
ting locations are fully accessible. Persons needing special -0 v >
accommodation to participate should contact the IURA at 274-6553,at :� 6 z
least 72 hrs nrinr to the meeting if at all nnssihlp u
o 00 o
� q �
CITY OF IT ACA
108 E. Green St.—Third Floor Ithaca,NV 14 5 -569
JoAnn Cornish Director
DEPARTMENT OF PLANNING,BUILDING, ZONING, & ECONOMIC DEVELOPMENT
% Division of Planning& Economic Development
� Rp1 � Planning&Development—607-274-6550 Community Development/lU —607-274-6565
E-Mail: dgrunder a>cityofithaca.org
To: Planning and Economic Development Committee
From: Nick Goldsmith, Sustainability Coordinator
Date: January 16, 2020
Re: Ithaca Energy Code Supplement Update
The purpose of this memo is to provide an update on the development of the Ithaca Energy Code
Supplement (IECS). The last update of the IECS was presented to the PEDC in October 2019. Listed
below is a summary of the major activities that have taken place since then, an estimated timeline for
adopting the Code Supplement, and a selection of proposed changes to the IECS. For reference, the 08-
08-19 draft of the IECS is available for download at www.ithaca�reenbuilding corn.
Since October 2019
- Worked with consultants to respond to 250 public comments received on IECS draft dated
August 8, 2019. Comment responses are about 80% complete.
- Proposed changes informed by comments and/or additional research. A few specific changes
are discussed in this document, below the timeline.
- Vetted changes with Working Group (composed of Town and City Planning and Building
Codes staff; Elected officials).
January
- Deliver project update to PEDC 1/22.
- Finish responding to public comments. All comments and responses will be made public along
with the final draft IECS.
- Incorporate additional changes into IECS.
February
- Develop code language with City Attorneys and Building Division.
- Meet with Working Group 2/26 to approve final changes
March
- IECS draft to Town Codes and Ordinances Committee.
- IECS draft to PEDC 3/18, including public hearing.
April/May
- Common Council, Town Board consider adoption of final legislation.
Page 1 of 2
Changes
Several changes are being proposed to the Code Supplement, but it is still in alignment with the Green
Building Policy Report adopted by Council in 2018. Below is a selection of the proposed changes.
- Removed exemption for historic buildings. Several comments were received in favor of this
change, and none in opposition. There will be a clear appeals path in case historic buildings
cannot fully comply.
- Added Electric Vehicle Parking Spaces point, which offers up to two points for installing
electric vehicle chargers, parking spaces and related infrastructure. The number of EV chargers
required to earn the point is based on building size.
- Removed the prerequisite of no fossil fuels in the building for OP5, Custom energy
improvement.
- Changes to the off-site renewables regulations are being proposed to make compliance more
feasible. Some have been approved by the Working Group, others are still under discussion.
If you have any questions, please contact me at n ()Idsi-nit]iL�.cit�ofithac�a.org or 607-274-6562.
Page 2 of 2
To: Parks Recreation and Natural Areas Commission
From:Shade Tree Advisory Group
Date:9/9/2O19
Subject:Summary of residential tree removal ordinances
Background: Urban Trees are very important to city life.The trees in the City of Ithaca provide millions of dollars of benefits
per year and provide countless ecological services for urban communities; reducing erosion, reducing heating and cooling
costs, aiding in storm water mitigation, cleaning the air ofharmful particulate pollution, producing oxygen, acting as a
carbon sink and providing habitat for wildlife.Trees increase property values, enhance economic vitality ofbusiness areas
and beautify our communities. A community devoid of trees would barely be livable as connection with the natural
environment is key for human health and wellbeing. For these reasons,residents of the City of Ithaca have raised concerns
about removal of mature trees from private property for reasons ofinfi|| development or in preparation for |ar8esca|e
development of site prior to submittal of site plan review application.
While the City of Ithaca does have ordinances that protect the removal of trees on public property(street trees, park trees
and trees in City natural areas), there is currently no ordinance restricting the removal of trees from private property
outside of the Site Plan Review process. The 2nd Ward Common Council members, NyuRen and Murtagh, have requested
information from the Parks, Recreation and Natural Areas Committee on potential adoption of new City ordinance
regulating the removal of trees from private property with o summary report to be sent to Planning and Economic
Development Committee. That request was then passed on to the Shade Tree Advisory Group (STAG), the former Shade
Tree Advisory Committee.
Summary: Municipalities around the country try to protect all trees in their City, not just the street and park trees. The
STAG researched the tree preservation ordinances for 13 communities in the US and Canada with community populations
ranging from 56,000to 994,000. The attached spreadsheet contains our findings. A summary ofcommon themes is as
follows:
0 2 classes nf trees, "Significant"and "Historic" Significant trees begin~6'8" inDBH and Historic trees are very large
trees at least 24" inD8H
0 Trees growing near slopes, riparian, flood zones are taken into special consideration and cannot be removed if
they provide a benefit to protecting critical zones.
w Certain species are valued more than others. Large, unique, or certain species are taken into consideration more
than small weed trees or undesirable species (ie invasive trees).
0 Dead, dying, or diseased trees do not need a permit to remove if there is an imminent hazard or if the problem
cannot ba mitigated bypruning.
0 Most municipalities require an arborist report,or a tree protection/removal plan to be submitted before any work
is done on the property, provided by the owner or developer 10 be reviewed by City Forester. Location, size,
health, species should all beincluded.
0 Site is then reviewed by City Forester Z-4 weeks from receiving the tree plan
0 Appeals can be made to remove additional trees after Forester's final decision
0 Significant or Historic trees that are approved for removal are required to be replaced either with multiple trees
that will take up the some crown area as a large tree at time of planting, or with similar species that will take up
the same space once they get old enough.
0 Payment in lieu of planting is possible and should take into account the cost of the trees,and cost of maintenance
for~2years
0 If property owner significantly dears trees from a property prior to submittal of site plan review or prior to
submittal of tree removal application, the developer will be forbidden from subrn|i1|nQ a site plan review for a
number ofyears.
Goals:The idea of this ordinance is not to create a prohibition of removing trees from private property.The goal is not to
requirethere1entionofevery1peeihotfeUsinbothe °regu|a1ed"coteKory.Th|apermi1processm/U| requ|reaconversadon
about each tree removal request. Possibilities for retention of high quality trees can be explored before removal
permission would be granted. If removal is granted requirements and guidance for tree re-planting would be provided to
the applicant. In this way tree canopy across the city can be conserved.
STAG sees the goals uf this ordinance aybeing:
1)To preserve tree canopy for the benefit all of the Ithaca community
2)Toaddress resident concerns with tree removal related to in-fill development
3) To close a loophole by which developers can currently clear-cut a property prior to submittal of site plan review
application and as a result, not have to deal with tree preservation for their development plans
4)To create an ordinance that is not overly burdensome to city staff or property owners
Proposal:To achieve these goals the following points are recommended to be included in a residential tree preservation
ordinance:
w Regulation of tree removal will apply to "regulated trees", being trees greater than 12" in DBH (truck diameter)
or greater than 6" DBH for trees located in an environmentally critical area (ie on slopes, in riparian zones or flood
zones)
• Some undesirable species would not be regulated, possibly including Tree of Heaven (Ailanthus), boxelder (Acer
:egundo), and ash (Fnzxinus).
• Tree removal permit approval would take into consideration; health of tree, structural condition of tree, future
utility conflicts, current utility casements, public safety concerns, potential significant burden to economic
development of the site.
• An approved certified Arbor|s1cou|d submit a short report to confirm tree species, tree health, and structural
condition which would exclude a tree from the "regulated tree"status.Alternatively,the City Forester or Forestry
Technician could confirm with a brief site visit that the tree is excluded from the "regulated tree" category.
• There would be a small fee for permit applications to prevent frivolous requests and offset the cost of staff time.
The City Forester would respond to permit applications within 2 weeks.
• Appeal of the Forester's decision would betn the Board of Public Works.
• Tree retention would be ideal in the majority of situations but if that was not deemed to be possible, replacement
of"regulated trees" by planting or payment in lieu of planting would be expected; details to be determined.
• Ordinance could be restricted to specific neighborhoods or zones of concern as a test before being expanded to
cover residential trees dty+vvide.
• It should not apply to the easements or rights-of-way of utility companies,to federal, state,or local governments.
• Property owners that knowingly remove a tree or trees from private property without a permit may be assessed
a fine or be restricted from submitting a site plan application for a number of years.
If this is a direction that the committee feels is appropriate, more time would be invested to develop additional details,
draft application forms and devise public communication strategies.
A few suggestions for next steps would be:
• To contact some of the municipalities we evaluated to see how the ordinance is working for staff and planners
there.This may enlighten us if we decide to proceed to drafting an ordinance.
• To poll a few of the local tree companies to gauge how much work they do in the city.This could help get an
idea of how many permit applications we would have to process. May only be able to use this ordinance in afew
neighborhoods with current staffing levels.
� To think about allocating city funds to help replant trees on residential property.A topic that was brought up
was the recent NPR reporting on heat islands and how low income neighborhoods generally have lower
percentages of tree canopy coverage and thus higher temperature. We could explore the idea of creating a
grant type program to help lower income property owners in the city replant residential trees that are removed,
or if the removal of a neighboring tree results in loss of shade for an adjacent neighbor. I think a big stumbling
block for people to successfully plant trees on their own property is lack of knowledge and the cost of
purchasing trees. Buying them wholesale as the City does makes tree planting much less expensive and advising
people on proper species selection would be very effective in increasing successful tree planting.
, r CITY OF IT ACA
108 E. Green St.—Third Floor Ithaca,NY 1485 -569
_ DEPARTMENT ENT F PLANNING AND DEVELOPMENT
# _ . JoAnn Cornish,Director
Planning& Development—607-274-6550 Community Development/IURA—607-274-6565
E-Mail: dgrunderocityofithaca.org
To: Common Council
From: Lisa Nicholas, Deputy Director of Planning
Date: January 16, 2020
Re: 2020 Annual Council Concurrence that the Planning Board be Lead Agency in Environmental Review
for Site Plan Review Projects for which the Common Council is an Involved Agency
Annually, Common Council passes a resolution concurring that the Planning Board will be Lead Agency in
environmental review for site plan review projects for which the Common Council is an involved agency.
Examples of such projects include the Chainworks District Project, 210 Hancock Street, Carpenter Circle and 320
W Buffalo (the Immaculate Conception Site). As per the previously adopted resolutions, this arrangement ends
on December 31 of each year and must be renewed annually. Please find enclosed a proposed resolution which
extends this arrangement to December 31, 2020.
The purpose of this arrangement is to make the environmental review process more efficient while, at the same
time, keeping Council informed of its potential role in the environmental review of site plan projects.
Environmental forms and project information would continue to be forwarded directly to Council members
without the need to coordinate with a monthly meeting schedule. This prevents the difficulty of the 30-day
deadline to establish Lead Agency but preserves Council ability to not concur should that be the preferred course
of action for any future project. As an involved agency, Council could, if desired, provide input to the Lead
Agency. All comments from involved agencies are addressed during the environmental review.
The Planning Board also has this arrangement with the Board of Zoning Appeals.
If you have any questions, please contact me at 274-6557
2020 Annual Common Council Concurrence that the City of Ithaca Planning and Development Board be
Lead Agency in Environmental Reviewfor Site Plan Review Projectsfor which the Common Council is an
Involved Agency Resolution
WHEREAS: 6 NY[RR Part 617 of the State Environmental [\ua||1y Review Law and Chapter 176.6 of the
City [ode, Environmental Quality Review, require that a lead agency be established for conducting
environmental review ofprojects 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, State Law also specifies that when an agency proposes to directly undertake,fund or approve
aType | or Unlisted Action undergoing coordinated review with other involved agencies, it must notify
them that a lead agency must be agreed upon within 30 calendar days of the date that the Environmental
Assessment Form (EAF) or draft EIS was transmitted to them, and
WHEREAS, Projects submitted to the Planning Board for Site Plan Review and Approval, at times involve
approvals or funding from Common Council, making Council an involved agency in environmental review,
and
WHEREAS, in accordance with the State Environmental Quality Review Law and the City of Ithaca
Environmental Quality Review Ordinance, involved agencies are provided with project information and
environmental forms for their review, as well as all environmental determinations, and
WHEREAS, Common Council did consent to the Planning & Development Board acting as Lead Agency in
environmental review for site plan review projects for which Common Council has been identified as an
Involved Agency since 2O15, and
WHEREAS, in order to avoid delays in establishing a Lead Agency and to make the environmental review
process more efficient, it is desirous to continue the agreement in which the Planning Board will assume
Lead Agency status for such projects; therefore be it
RESOLVED, that Common Council does hereby consent to the Planning & Development Board acting as
Lead Agency in environmental review for site plan review projects for which Common Council has been
identified as an Involved Agency through December 31, 2020; and, be it further
RESOLVED, that for any future project Common Council may withhold or withdraw its consent should it
so desire.
CITY OF IT. ACA
108 E. Green St.—Third Floor Ithaca,NY 1485 -569
DEPARTMENT OF PLANNING AND DEVELOPMENT
JoAnn Cornish,Director
Planning&Development—607-274-6550 Community DevelopmentlIURA—607-274-6565
E-Mail: dgrunderocityofithaca.org
To: Planning and Economic Development Committee
From: Jennifer Kusznir, Economic Development Planner
Date: January 17, 2020
RE: Proposal to Amend the Zoning Code Regarding Community Gardens
The purpose of this memo is to provide information regarding a proposal to make minor amendments
to the zoning code regarding community gardens.
At last month's meeting the Committee discussed a proposal to amend the City Code in order to
clarify the definition of community gardens, to add a new definition for neighborhood gardens, and
to amend the guidelines for special permit requirements for neighborhood gardens. The Committee
directed staff to circulate the proposal for comments. The proposed amendments were circulated
and also submitted to the Tompkins County Department of Planning and Sustainability for
review pursuant to§239-1-m of New York State General Municipal Law. The County's response
is enclosed. No other comments have been submitted to date. Also enclosed for your
consideration is the completed Short Environmental Assessment Form, and draft resolutions for
declaration of lead agency and determination of environmental significance.
If you have questions or require additional information, please feel free to contact me at
jenniferk(a)cityofithaca.org.
Draft Resolution
01/17/2020
A Proposal to Amend The Municipal Code Of The City Of Ithaca, Chapter
325, Entitled "Zoning" to Clarify the Definition of Community Gardens
and to Add a Definition for Neighborhood Gardens and to Establish
Guidelines for Special Permit Requirements for Neighborhood Gardens --
Declaration of Lead Agency
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 action is an "Unlisted" Action under the
City Environmental Quality Review Ordinance, which requires
environmental review; now, therefore, be it
RESOLVED, that the Common Council of the City of Ithaca does hereby
declare itself lead agency for the environmental review of the
proposal to amend The Municipal Code Of The City Of Ithaca, Chapter
325, Entitled "Zoning" to Clarify the Definition of Community
Gardens and to Add a Definition for Neighborhood Gardens and to
Establish Guidelines for Special Permit Requirements for
Neighborhood Gardens
Draft Resolution
01/17/2020
A Proposal to Amend The Municipal Code Of The City Of Ithaca,
Chapter 325, Entitled "Zoning," o Clarify the Definition of
Community Gardens and to Add a Definition for Neighborhood Gardens
and to Establish Guidelines for Special Permit Requirements for
Neighborhood Gardens --
Declaration of Environmental Significance
WHEREAS, the Common Council of the City of Ithaca is considering
a proposal Amend The Municipal Code Of The City Of Ithaca, Chapter
325, Entitled "Zoning" to Clarify the Definition of Community
Gardens and to Add a Definition for Neighborhood Gardens and to
Establish Guidelines for Special Permit Requirements, and
WHEREAS, the proposed action is an "Unlisted" Action under the
City Environmental Quality Review Ordinance, and
WHEREAS, the appropriate environmental review has been conducted,
including the preparation of a Short Environmental Assessment Form
(SEAF) , Parts 1 and 2, dated December 9, 2019, 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
December 9, 2019, 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.
08/07/19
An Ordinance Amending The Municipal Code Of The City Of Ithaca, Chapter
325, Entitled "Zoning" to Clarify the Definition of Community Gardens
and to Add a Definition for Neighborhood Gardens and to Establish
Guidelines for Special Permit Requirements for Neighborhood Gardens
The ordinance to be considered shall be as follows :
ORDINANCE NO.
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF ITHACA, CHAPTER
325, ENTITLED "ZONING" TO DEFINE NEIGHBORHOOD AND COMMUNITY GARDENS
BE IT NOW ORDAINED AND ENACTED by the Common Council of the City of
Ithaca that Chapter 325 (Zoning) of the Municipal Code of the City of
Ithaca is hereby amended as follows :
Section 1. Chapter 325, Section 325-3, Definitions, be amended to add a
new definition of Neighborhood Garden and to amend the existing
definition of Community Gardens, to read as follows :
§ 325-3 . Definitions and word usage.
GGMM4N44*-GR-NEIGHBORHOOD GARDEN. An area used by several
individuals or families, operating in association with
each other and under sponsorship by a nonprofit or
voluntary organization, primarily for seasonal production
of vegetables and other garden produce for home
consumption by the individuals or families directly
engaged in such production or for food donations . [Added
7-10-1985 by Ord. No. 85-61
COMMUNITY GARDEN. A lot that is specifically intended to
be gardened by a group of people, with membership open to
the public, operating in association with each other and
under sponsorship by a nonprofit or voluntary organization
utilizing either individual or shared plots on private or
public land. The land may produce fruit, vegetables, and
other garden produce; culinary, medicinal, or beneficial
plants; and/or ornamentals . It may also contain
structures intended to support year round gardening,
community events or education of the gardening process .
Section 2 . Chapter 325, Section 325-9, Special Permits, be amended to
remove Community Gardens from this section, to read as follows :
§ 325-9 Special Permits
B. Applicability.
(1 . ) The uses listed under the district regulations in
§325-8, District Regulations, which require a
Page 1 of 3
08/07/19
special permit from the Planning and Development
Board are as follows:
(m) Neighborhood
gardens in all districts .
F. Expiration and Renewals .
(1 . ) Special permits do not expire, with the following
exceptions :
(d) A neighborhood garden special
permit shall expire automatically if the site
is not used as a neighborhood
garden, as defined in §325-3, for one complete
garden season.
(1) If a eemmunity—e-r—neighborhood garden
special permit should expire, a new
application must be submitted pursuant to
§325-9C of this chapter.
Section 3. Chapter 325, Section 325-10, Additional Conditions for Special
Permits, be amended to remove Community Gardens from this section, to
read as follows :
325-10 Additional CondijiLoq_Albr Si'al Permi'ts
p ec
B. Applicability. All uses allowed by special permit shall be subject to the criteria set forth in
§325-9, Special Permits. In addition,accessory apartments,bed-and-breakfast homes,bed-
and-breakfast inns,eommunity--or-neighborhood gardens,and schools and related uses shall
be subject to additional conditions as set forth in§325-10C.
C. Additional Conditions.
(3) Community of nNeighborhood gardens. The following specific conditions shall be
applicable to all special permits for eoffunnnity-iw-ni1eighborhood gardens:
(n) Approved special permits for community-and-neighborhood gardens
shall be reviewed by the Director of Planning and Development or
designee at least annually for compliance with the above noted
conditions and other conditions specific to each permit's approval. 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
designated contact person,requiring that such violation be corrected
within 15 days. If satisfactory correction is not made,the special
permit may be revoked by the Director of Planning and Development
or designee.
(0) In consideration of the fact that such gardens may be of an 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
coramumly-of neighborhood gardens:
Page 2 of 3
08/07/19
Section 6. Severability. Severability is intended throughout and within
the provisions of this local law. If any section, subsection, sentence,
clause, phrase or portion of this local law is held to be invalid or
unconstitutional by a court of competent jurisdiction, then that decision
shall not affect the validity of the remaining portion.
Section 7. Effective date. This ordinance shall take affect
immediately and in accordance with law upon publication of notices as
provided in the Ithaca City Charter.
Page 3 of 3
Short Environmental Assessment Form
Part I -Project Information
Instructions for Completing
Part 1—Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the
application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on
information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as
thoroughly as possible based on current information.
Complete all items in Part 1.You may also provide any additional information which you believe will be needed by or useful to the
lead agency;attach additional pages as necessary to supplement any item.
Part 1—Project and Sponsor Information
City of Ithaca
Name of Action or Project:
Proposal to Amend the Zoning Code Regarding Community Gardens
Project Location(describe,and attach a location map):
City of Ithaca
Brief Description of Proposed Action:
An proposal to change the 325-3 Definitions,325-9 Special permits,and 325-10 Additional Conditions for Special Permits in order to amend the
existing regulations to refer to neighborhood gardens and to create a new definition for community gardens. Enclosed is a draft ordinance.
Name of Applicant or Sponsor:
Telephone: 607-274-6650
City of Ithaca E-Mail:
jenniferk@cityofithaca.org
Address:
108 East Green Street
City/PO: State: Zip Code:
Ithaca NY 14850
1. Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES
administrative rule,or regulation?
If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that ❑
may be affected in the municipality and proceed to Part 2. If no,continue to question 2.
2. Does the proposed action require a permit,approval or funding from any other government Agency? NO YES
If Yes,list agency(s)name and permit or approval: ❑
3. a. Total acreage of the site of the proposed action? NA acres
b. Total acreage to be physically disturbed? NA acres
c. Total acreage(project site and any contiguous properties)owned
or controlled by the applicant or project sponsor? BA acres
4. Check all land uses that occur on,are adjoining or near the proposed action:
5. ❑Urban ❑ Rural(non-agriculture) ❑ Industrial ❑ Commercial ❑ Residential(suburban)
❑ Forest ❑ Agriculture Aquatic ❑ Other(Specify):
❑Parkland
Page l of 3 SEAF 2019
5. Is the proposed action, NO YES N/A
a. A permitted use under the zoning regulations? ❑ ❑ ❑
b. Consistent with the adopted comprehensive plan? ❑ Z ❑
NO YES
6. Is the proposed action consistent with the predominant character of the existing built or natural landscape?
❑✓ ❑
7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES
If Yes,identify: ❑
NO YES
8. a. Will the proposed action result in a substantial increase in traffic above present levels?
b. Are public transportation services available at or near the site of the proposed action?
c. Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed ❑
action`?
9. Does the proposed action meet or exceed the state energy code requirements? NO YES
If the proposed action will exceed requirements,describe design features and technologies:
❑ ❑
10. Will the proposed action connect to an existing public/private water supply? NO YES
If No,describe method for providing potable water:
❑✓ ❑
11. Will the proposed action connect to existing wastewater utilities? NO YES
If No,describe method for providing wastewater treatment:
❑✓ ❑
12. a.Does the project site contain,or is it substantially contiguous to,a building,archaeological site,or district NO YES
which is listed on the National or State Register of Historic Places,or that has been determined by the
Commissioner of the NYS Office of Parks,Recreation and Historic Preservation to be eligible for listing on the
State Register of Historic Places?
b.Is the project site,or any portion of it,located in or adjacent to an area designated as sensitive for El
archaeological sites on the NY State Historic Preservation Office(SHPO)archaeological site inventory?
13. a. Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES
wetlands or other waterbodies regulated by a federal, state or local agency? ❑✓ ❑
b. Would the proposed action physically alter,or encroach into, any existing wetland or waterbody? ❑✓
If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres:
Page 2 of 3
14, Identify the typical habitat types that occur an,or are likely to be found on the project site.Check all that apply:
EJShorefinc Forest E]Agri cultural/grasslands ED Early mid-successional
OWedand EJ Urban El Suburban
15> boes the site of the proposed action contain any species of animal,or associated habitats,listed by the State or NO YES
Federal government as threatened or endangered?
16. Is the prqject site located in the 100-year flood plan? KO YES
IZI El
17. Will the proposed action create storm water discharge,either from point or non-point sources? NO YES
If Yes, [Z] Ej
a. Will storm water discharges flow to adjacent properties? W1 1:1
b. Will storm water discharges be directed to established conveyance systems�rt,moff and storm drains)? [21 El
If Yes,briefly describe:
18. Does the proposed action include construction or other activities that would result in the impoundment of water NO YES
or other liquids(e.g-retention pond,waste lagoon,dam)?
If Yes,explain the purpose and size of the impoundment:
19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste NO YES
management facility?
If Yes,describe;
—----------------—---------
20.1-1 s the site of the proposed action or an adjoining property been the subject of rernediation(ongoing or NO YES
completed) for hazardous waste?
If Yes,describe:
rL J
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF
MY KNOWLEDGE
Applicant/sponsor/name: City ofithaca Date: 12/19/2019
Signature: Title:Senior Planner
T�M� Page) CPI 3
Agency Use Only [If applicable]
Project: Proposal to Amend the Zoning Code R
-P
Date: 1 12/19/2019
Short Environmental Assessment Form
Part 2 -Impact Assessment
Part 2 is to be completed by the Lead Agency.
Answer all of the following questions in Part 2 using the information contained in Part I and other materials submitted by
the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by
the concept"Have my responses been reasonable considering the scale and context of the proposed action?"
No,or Moderate
small to large
impact impact
may may
occur occur
1. Will the proposed action create a material conflict with an adopted land use plan or zoning r❑
---71
regulations? WJ El
2. Will the proposed action result in a change in the use or intensity of use of land? Z El
=71
3. Will the proposed action impair the character or quality of the existing community? 2J
4. Will the proposed action have an impact on the environmental characteristics that caused the =71
establishment of a Critical Environmental Area(CEA)?
5. Will the proposed action result in an adverse change in the existing level of traffic or
affect existing infrastructure for mass transit,biking or walkway?
6. Will the proposed action cause an increase in the use of energy and it fails to incorporate
reasonably available energy conservation or renewable energy opportunities? Z
7. Will the proposed action impact existing:
a.public/private water supplies? Z El
=71
In.public/private wastewater treatment utilities? Lzi El
8. Will the proposed action impair the character or quality of important historic, archaeological, t
F-71
architectural or aesthetic resources? kd El
9. Will the proposed action result in an adverse change to natural resources(e.g., wetlands,
waterbodies,groundwater, air quality, flora and fauna)? Z
-
10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage
problems?
11. Will the proposed action create a hazard to environmental resources or human health? El
PRINT FORM I Pagel of SEAF 2019
Agency Use Only CIE applicable]
Project- Proposal to Amend the
Bate: 1 /201
Short Environmental AssessmentFor
Part 3 Determination of Significance
For every question in Part 2 that was answered"moderate to large impact may occlAr",or if there is a need to explain wily a
particular element of the proposed action may or will not result in a significant adverse environmental impact,please
complete Part 3.Pert 3 should,in sufficient detail,identify the impact,including any measures or design elements that
have been included by the project sponsor to avoid or reduce impacts, Part 3 should also explain how the lead agency
determined that the impact nay or will not be significant. Each potential impact should be assessed considering its setting,
probability of occurring,duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-
term,long;-term and cumulative impacts:
Check,this box if you have determined,based on the information and analysis above,and any supporting documentation,
than the proposed action may result in one or more potentially large or-si iificant adverse impacts and an
environmental impact statement is required.
Check this box if you have determined,based on the:information and analysis above,and any supporting documentation,
that the proposed action will not result its any significant adverse environmental impacts.
City of Ithaca
dame of Lead Agency Date
vante Myrick Mayor
_ __._--
Print or Type Name of Responsible Officer in lead agency Title of Responsible Officer
Signature of Responsible Officer to beadAgency i nature of Pre t�ret Itf ifferent from Responsible Officer)
t Page Page2 tat'
Tompkins County
DEPARTMENT OF PLANNING AND SUSTAINABILITY
121 East Court Street
Ithaca, Ne °'York 14850
Katherine B r ella,AICP Telephone tt` )274-5560
Commissioner of Planning and Sustainab lity
January 10, 2020
Jennifer Kusznir, Senior Planner
City of Ithaca
108 East Green St.
Ithaca,NY 14850
e- Review Pursuant to§239-1,-m and -n of the New York State General Municipal Law
Action: City of Ithaca Proposal to Amend the Zoning Code Regarding Community Gardens
Dear Ms.Iusznir:
This letter acknowledges your referral of the proposal identified above for review and comment by the
Tompkins County Department of Planning . Sustainability Pursuant to §2 9-1, -in and -n of the New
York State General Municipal Lavv.The Department has reviewed the proposal, as submitted,and has
determined that it has no negative inter-community or county-wide impacts.
Please inform us of your decision so that we can make it a part of the record,
Sincerely
Katherine Borgella,MCP
Commissioner of Planning and Sustainability
Inchision t rough i ersi�y
CITY OF IT. ACA
18 E. Green St.—Third Floor Ithaca,NY 1485 -569
DEPARTMENT ENT F PLANNING AND DEVELOPMENT
JoAnn Cornish,Director
Planning& Development—607-274-6550 Community Development/IURA—607-274-6565
E-Mail: dgrunderocityofithaca.org
To: Planning and Economic Development Committee
From: Jennifer Kusznir, Senior Planner
Alexander Phillips, Planner
Date: January 17, 2020
Re: Establishment of Regulations for Accessory Dwelling Units (ADUs)
The purpose of this memo is to provide information on a proposal to establish regulations for
developing ADUs in the R-1 and R-2 zoning districts.
Last month staff presented a draft ordinance to regulate accessory dwelling units in I and 2
family residential zoning districts. The proposal was postponed because the staff and the
Committee did not have adequate time to review County GML recommendations that were
received earlier that day. After reviewing the recommendations, staff drafted a memo to the
County in order to provide additional information on the proposal and to clarify some
information. On January 14, 2020, the County sent an updated GML review letter stating that
the proposal as written may result in negative inter-community or county-wide impacts. The
County is recommending three options that they would like the City to consider. If the City does
not include one of the options presented by the County, the proposed ADU legislation will
require a super majority vote of the Council in order to be adopted. The three recommendations
are listed below:
• Eliminate the restriction of only one primary structure on a lot in the identified districts;
or
• Allow additional primary structures by special permit, with specific guidelines to direct
the PB review; or
• Since your memo of January 9, 2020 indicates it is the City's intention that this ban be
"an interim step while developing specific legislation that would allow for the
development of pocket neighborhoods and other forms of multiple primary
development," enact a moratorium on development of more than one primary structure on
a lot. By establishing a formal moratorium for a succinct period, the City would officially
ensure it will act on this issue.
The draft ordinance is enclosed for your consideration. Also enclosed are draft resolutions for
lead agency and environmental significance. If you have any concerns or questions regarding
any of this information, feel free to contact us at 274-64 10.
12/5/19
An Ordinance Amending the Munici]2al Code of the City Of Ithaca,
Chapter 325, Entitled "Zoning" To Establish Regulations for
Accessory Dwelling Units (ADUs) o Declaration of Lead Agency
WHEREAS, State Law and Section 176-6 of the City Code require
that a lead agency be established for conducting environmental
review of projects in accordance with local and state
environmental law, and
WHEREAS, State Law specifies that, for actions governed by local
environmental review, the lead agency shall be that local agency
which has primary responsibility for approving and funding or
carrying out the action, and
WHEREAS, the proposed zoning amendment is a "Unlisted" Action
pursuant to the City Environmental Quality Review (CEQR)
Ordinance, which requires environmental review; 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 establishment of regulations regarding accessory dwelling
units .
j:\planning\groups\planning and econ dev committee\2020 planning and economic development
committeeJanuary\adus\1 6-2019-adu-leadagencyres-12-05-Ldoc
Draft Resolution
12/5/19
An Ordinance Amending the Municipal Code of the City Of Ithaca,
Chapter 325, Entitled "Zoning" o Establish Regulations for
Accessory Dwelling Units (A.DUs) — Declaration of Environmental
Significance
1 . WHEREAS, demand for additional housing development has
resulted in an increase in residential infill development
within neighborhoods in the City, and
2 . WHEREAS, the City would like to allow for appropriate
levels of residential development of accessory dwelling
units, while also protecting neighborhoods from development
that is out of scale and character with the surrounding
neighborhoods, and
3 . WHEREAS, in August 2019, staff held a community
conversation on accessory dwelling units and solicited
comments from the public, and
4 . WHEREAS, staff evaluated all of the public feedback and
spent several months evaluating options to regulate
accessory dwelling units, while taking into consideration
public concerns, and
5 . WHEREAS, staff has drafted an ordinance that will establish
guidelines for developing accessory dwelling units in the
R-1 and R-2, CR-1, and CR-2 zoning districts, and
6 . WHEREAS, the appropriate environmental review has been
conducted, including the preparation of a Full
Environmental Assessment Form (FEAF) , dated November 22,
2019, and
7 . WHEREAS, the proposed action is a "unlisted" Action under
the City Environmental Quality Review Ordinance, and
8 . WHEREAS, the Common Council of the City of Ithaca, acting
as lead agency, has reviewed the FEAF prepared by planning
staff; now, therefore, be it
1 . RESOLVED, that this Common Council, as lead agency in this
matter, hereby adopts as its own the findings and
conclusions more fully set forth on the Full Environmental
Assessment Form, dated November 22, 2019, and be it further
2 . RESOLVED, that this Common Council, as lead agency in this
matter, hereby determines that the proposed action at issue
will not have a significant effect on the environment, and
that further environmental review is unnecessary, and be it
further
3. RESOLVED, that this resolution constitutes notice of this
negative declaration and that the City Clerk is hereby
directed to file a copy of the same, together with any
attachments, in the City Clerk' s Office, and forward the
same to any other parties as required by law.
1/17/2020
PLANNINGDRAFT
COMMITTEE: ID
An Ordinance Amendin2 the Munici2al Code of the City f Ithaca,
Chapter 325, Entitled ®'Zoning" In Order to Establish Regulations
for the Development of Accessory Dwelling Units
ORDINANCE O.
1 . WHEREAS, in 2017, the City established the South Hill Overlay
District (SHOD) in response to concerns that were raised by
the South Hill neighborhood rapid in-fill development of
multiple primary structures (in the neighborhood and the
impacts on both the aesthetic qualities and the character of
the neighborhood, and
WHEREAS,2 . the SHOD was intended to be a temporary measure to
prevent further development until the City could establish
regulations for this type of infill (ADUS) , and
WHEREAS,3 . in the interim, similar concerns about development
pressure were raised throughout the City, and
WHEREAS,4 . City staff were directed to research how
inf ill (ADUS) development is regulated in other municipalities,
and
5 . WHEREAS, Planning Staff spent several months researching other
communities and developing proposals to encourage the
development of accessory dwelling units (ADUS) that would
protect neighborhoods while allowing for housing options that
could provide property owners with additional income, and
WHEREAS,6. on August 29, 2019, a community meeting was held,
with approximately 70 people in attendance, who offered
opinions on options to allow the development of appropriate
ADUS, and
7 . WHEREAS, and staff has considered feedback from the public,
the Common Council, and other communities and has developed a
set of regulations allowing property owners to develop ADUS,
where appropriate, and the means to protect neighborhoods from
the negative impacts of over development, now therefore be i
ORDAINED AND ENACTED by the Common Council of the City of Ithaca
that Chapter 325, Zoning, be amended as follows :
1
1/17/2020
Section 1 . Chapter 325-3B of the Municipal Code of the City of
Ithaca, entitled "Definitions and Word Usage", is hereby amended
to add the following new definitions :
Accessory Dwelling Unit (ADU)— A second dwelling unit
located in the rear or side yard on a lot with any one-family
dwelling in R-1 and CR-1 zoning districts, or in any one-family
dwelling or two-family dwelling in R-2 and CR-2 zoning
districts (see Section 2 . -F. 3d) . The second unit is created
secondary to, and is always smaller than the primary one-family
dwelling. The unit includes its own independent habitable space
including provision for sleeping, cooking, and sanitation, and
is designed to be occupied by an individual or a family, plus
not more than one unrelated occupant, independent of the primary
dwelling unit .
1 . Attached Accessory Dwelling Unit (AADU) - A room or set of
rooms, basement, or any other space that is located within
a primary structure, but is established as a separate
dwelling unit . AADUs may be occupied by an individual or
a family, plus not more than one unrelated occupant .
2 . Detached Accessory Dwelling Unit (DADU) - A separate
dwelling unit that is constructed on a single family lot
that is not connected to the primary structure . DADUs may be
occupied by an individual or a family, plus not more than one
unrelated occupant .
3 . Out Building Conversion - A separate dwelling unit that is
converted from an existing garage, carriage house, or other
accessory structure . Out Building Conversion' s may be occupied
by an individual or a family, plus not more than one unrelated
occupant .
Contiguous Green Space - Green Space on a lot that is
uninterrupted by structures or paved surfaces . Contiguous green
space must be at least 15' in width.
Section 2 . Chapter 325-8 of the Municipal Code of the City of
Ithaca, entitled "District Regulations", is hereby amended to
add a new section F, entitled "Additional Restrictions in the R-
1, R-2, CR-1, and CR-2 Zoning Districts", to read as follows :
F. Additional Restrictions in the R-1, R-2, CR-1, and CR-2
Zoning Districts .
(1) Intent . This section authorizes the installation of
accessory dwelling units in the R-1, R-2, CR-1, and
2 1 P a g e
1/17/2020
CR-2 districts . The purpose and intent of permitting
accessory dwelling units is :
(a) To provide homeowners, especially those of low
and moderate income, with a means of obtaining
through rental income, companionship, security
and services and thereby to enable them to stay
more comfortably in homes and neighborhoods they
might be forced to leave .
(b) To add inexpensive rental units to the housing
stock to meet the needs of smaller households,
both young and old.
(c) To make housing units available to low- and
moderate- income households who might otherwise
have difficulty finding homes within the City.
(d) To develop housing units in family neighborhoods
that are appropriate for households at a variety
of stages in the lifecycle, thereby lessening
fluctuations in neighborhood demand for services .
(e) To preserve and allow more efficient use of the
City' s existing stock of dwellings while ensuring
healthy and safe living environments .
(f) To allow for the creation of additional housing,
while minimizing impacts to surrounding
properties .
(2) General Restrictions .
(a) In the R-1, R-2, CR-1, and CR-2 Zoning Districts,
only one primary structure is permitted as of
right .
(3) Additional Requirements for Accessory Dwelling Units
(a) All Accessory Dwelling Units that have any
exterior changes to existing structures or any
new ADUs that are new construction are subject to
site plan review.
(b) Number of Accessory Dwelling Units . Only one
accessory dwelling unit, attached or detached, is
permitted on a lot .
(c) Parking. No additional parking is required for
accessory dwelling units .
(d) Location. Accessory Dwelling Units may be located
on any lot in the CR-1 or R-1 zoning district
that contains a one-family dwelling and on any
lot in the CR-2 and R-2 zoning district that
31 Page
1/17/2020
contains a one- or two-family dwelling. ADUs are
permitted in any side or rear yard but not in the
required front yard. Corner Lots shall be
considered to have two front yards .
(e) Additional Requirements for Detached ADUs .
[1] Notwithstanding any other requirements of
this section, Setbacks for ADUs are
consistent with existing zoning setbacks for
primary structures
[2] A DADU may not be placed less than 5 feet
from the primary structure .
[3] ADUs are not subject to the maximum lot
coverage requirement, however, properties
with ADUs are required to maintain 350
contiguous green space .
Greet Spa e w0ha width
Contiguous Green spa thin15 ft Is not��-o—un—ted
reqIpres a r-niti veidth oliel Y
Space W'h"Al!hj as c0ntiquous Green spaoe
t coun
ted
n Is ft is no "ted
pa"�
us Contiguous Greep Space
.............
aN,
g""Z
ws
Gieen Sg se sei�afated by ail
etbackt,far ADUs ase
lmdewous surfxe is not
consistent with wring distk% 011
----------
------------------0'
(f) Number of Residents . Accessory Dwelling Units may
be occupied by an individual or a family, plus
not more than one unrelated occupant .
(g) Appearance of Accessory Dwelling Units . Accessory
Dwelling Units should not disrupt the overall
architectural character of the neighborhood. A
similar architectural style and roof pitch should
connect the primary structure to the accessory
dwelling unit .
[1] Location of Entrances . New or additional
front entrances are discouraged, but in any
event must be compatible with the
4 1 P a g e
1/17/2020
architectural style of the existing
structure . Detached accessory dwelling units
(DADU) are exempt from this standard.
(h) Size Allowances .
[1] Detached Accessory Dwelling Units- The
maximum size of a DADU may be no more than
750 of the habitable area of the primary
structure or 800 square feet, whichever is
less .
[2] Attached Accessory Dwelling Units- The
maximum size of an AADU that is added onto
the existing structure may be no more than
33 . 30 of the habitable area of the primary
structure . AADUs which do not change the
exterior appearance of the primary structure
have no maximum size limit .
[3] Out Building Conversion- Outbuilding
conversions are exempt from all area
requirements, including maximum lot coverage
requirements, minimum green space
requirements, and any setback requirements .
Section 3 . Chapter 325-10 of the Municipal Code of the City of
Ithaca, entitled "Accessory Apartments", is hereby deleted in
its entirety.
Section 4 . The City Planning and Development Board, the City
Clerk and the Planning Department shall amend the district
regulations chart in accordance with the amendments made
herewith.
Section 5 . Severability. Severability is intended throughout
and within the provisions of this local law. If any section,
subsection, sentence, clause, phrase or portion of this local
law is held to be invalid or unconstitutional by a court of
competent jurisdiction, then that decision shall not affect the
validity of the remaining portion.
Section 6 . Effective date . This ordinance shall take effect
immediately and in accordance with law upon publication of
notices as provided in the Ithaca City Charter.
5 1 P a g e
Tompkins County
DEPARTMENT OF PLANNING AND SUSTAINABILITY
121 Bast Court Street
Ithaca,New York 14850
Katherine llor ell ,AICP Tt-°Ieph ne 07 274-5560
Commissioner off'Janning and Srrsttainal iltty www.tompkinscountyny.gov/l)lanning
January 14, 2020
Jennifer 1 trszn r, Senior Planner
City of Ithaca Department of Planning, Building,Zoning, &Economic Development
10 lr,. Green S t
Ithaca,NY 14850
Re: Revd,Pursuant to§239-1,-tat and-n of the New York State General Municipal a Law
Action: City of Ithaca Proposed Updated Legislation to Regulate Accessory Dwelling Merits
Dear Ms. l trs nir;
This letter acknowledges es your referral on January 10,2020 of the proposal identified above for review and
comment by the Tompkins County Department of Planning Satstaina ility pursuant to §2 -1,-in and -n of the,
New York State General Municipal Law. The Department has reviewed the proposal,as submitted,and has
determined that:it may have negative inter-corrrrnutiity, or county-wide impacts as described below, We
recommend modification of the proposal. If the Board does not incorporate the recommendations, such approval
will require a vote of a supermajority(meaning a majority plus care)of all members of the decision-inaking body.
Overall, we support the C ity's efforts to allow for accessoiy dwelling tarots for the reasons errtrrarerared in the
proposed Ordinance's stated intent [Section?, Dart 1], We do, hoNvever,have one recommendation and two
comments on the proposal,
Recommended Modification
To achieve the vision of the Tompkins County Comprehensive Plan to locate housing nea{jabs and services,and
the specific policy of Tompkins Comity to"Fincoura e a variety of housing options in development focus areas,,°
we recornm end the following modification:
Number qf r°ixramy rructures
We believe the limitation to only one primary structure on a [Marcel in certain zones would unnecessarily
hinder the development of infill housing in the City,of Ithaca.. Allowing both ADUs and additional primary
structures would allow flexibility in creating appropriate infili housing development, We`have identified three
possible options to address this concern:
aY Eliminate to the restriction ofonly one primary structure on a lot in the identified districts; or
b1 A]low additional primary strtrcttrres'by special leer-rant,with specific guidelines to direct the planning
Board review;or
c) Since your memo of larmary 9,2020 indicates it is the City's intention that this bare be"are n1ter°irr Step
while developing specific legislation that would allow for the development of pocket neighborhoods arrd
rather forms of multiple primary,de eloper ent,",en act a moratorium on development of more than one
primary structure on a last. By establishing a formal moratorium for a Succinct period the City would
officially ensure it wiII act on this issue.
it crusion through.0iverrsrryr
Comments
The Department offers the following comments regarding the proposed law,which are not formal
recommendations under General Municipal Law §239-1, -m and -n-
* Section 2, Part 3(e)lcl—DetaehedADUs, lot coverage
We suggest that the City address the potential need for minor incursions in contiguous green spaces. For
example,the regulations should not preclude the ability to provide a paved pathway between buildings or
between the street and buildings for people to safely access the ADIJ. One wa-
y- would be to include language
that would allow contiguous green spaces to be interrupted by paved surfaces no more than six feet in width
to allow for accessible pathways to all structures.
* Section 2, Part 3(g)—Appearances
Us
We suggest removing reference to ADUs matching the architectural style and roof pitch of the primary
structure as it is quite common for accessory buildings like garages and carriage houses to be simpler in style
than the primary structure,.Including that these buildings"should not disrupt the overall architectural
character of the neighborhood"seems to be a sufficient guideline for appearance of DUs.
Please inform us of your decision so that we can make it a pail of the record.
Sincerely,
M. Megan McDonald
Deputy Commissioner of Planning and ustainability
cc: Leslyn MeBean-Clairbonie,Tompkins County Legislator, District No. I
Anna KellesJorapkins County Legislator,District No, 2
Heruly Granison, Tompkins County Legislator, District No. 3
Rich John,Tompkins County Legislator,District No. 4
I.nclusion through 0i'versity
, rCITY OF ITHACA
Green108 E. . —Third Floor Ithaca, NY 14850-5690
JoAnn Cornish, it c
DEPARTMENT F PLANNING
IDivision Planning c is Development
Planning & Development—607-274-6550 Community Development/IURA—607-274-6565
- ail: dgrunder@cityofithaca.or
219 Planning& Economic Development Division Accomplishments
Italicized items are those that were not on the 2019 Work Plan
Top AccoMplishments
1. Coordinated; the approval of 14 development projects equaling $184 million in investment;
329 rental housing units of which 120 are affordable; 9 for-sale housing units for which 8 are
affordable; and 117,100 Sq. Ft. of new and refurbished commercial space.
2. IURA- Disbursed $1.84 million in grant funds for affordable housing,job training and placement,
job creation activities, prevention of homelessness, and public facilities to strengthen
neighborhoods.
3. Advanced Sustainability Goals
a. Completed final draft of Ithaca Energy Code Supplement for new construction
b. Began implementation of Green New Deal
4. Public Art—Improved online resources and streamlined approval Process
5. Partnered with TC3 to establish a Small Business Development Council Office offering pro-
bono business advising service in the City.
6. Advanced Chainworks Redevelopment Project- Completion of EIS, Final Site Plan Approval for Phase
1 and Adoption of the PUD & Design Guidelines.
7. Phase II Comprehensive Planning
a. Adoption of Greater Southside Neighborhood Plan
b. Adoption of the Waterfront Plan and Design Guidelines
8. Awarded $100,000 in State Funding to Advance the Climate Action Plan
9. Awarded $5 million in State Funding to Construct a Downtown Conference Center
10. Planned Unit Development
a. Adoption of 320 W Buffalo PUD
b. Draft and Development of Carpenter Circle PUD
11. Developed and Produced the "Doing Business in Ithaca Guide".
12. Negotiated and approved a Disposition and Development Agreement with Vecino Group
New York, LLC to convey and redevelop the western section of the Green Street Garage site
for an urban renewal project that includes 217 affordable rental housing units, 350 new and
refurbished parking spaces, and a 49,000-SF conference center.
13. Executed the Grant Disbursal Agreement for a 2 Million Dollar NYS Capital Works Grant for the
Dredging of Cascadilla Creek
1
Planning iiion Accomplishments
Planning Projects, Plans&Studies
Downtown Plan
• Held 3 Design Charrettes
• Convened the Advisory Group (met 4 times)
• Developed & Distributed Business & Community Surveys
• Gave multiple presentations for community input
Waterfront Study Area Plan
• Worked with a 17 member working group to develop a comprehensive plan for the
waterfront area.
• Held public outreach forums on the waterfront to introduce the plan to the public
• Coordinated Plan Adoption by Common Council
Coordinated Adoption of the Greater Southside NeighborhoodPlan
Strategic Plan for City Facilities
• Worked with IFD to develop a plan for the relocation of the East Hill Fire Station including
evaluation of five potential sites.
• Facilitated Relocation Study for the Ithaca Police Department.
o Worked with a consultant to complete an assessment of the existing police facility
and to develop a comprehensive space needs assessment.
o Completed a special study far consideration of a joint Tompkins County Sheriff/ithaca
Police Department facility in the City of Ithaca.
o Identified and evaluated potential sites for relocation of IPD.
• Worked with consultant to develop the Water and Sewer and Streets and facilities space
needs assessments and develop conceptual plans for possible future consolidated facilities.
• Worked with consultant to develop conceptual plans for a central campus that would house
City Hall, IPD, and Central Fire.
Cayuga Street Improvements
• Jointly managed, with Engineering Department and Streets and Facilities, the planning and
installation of new pedestrian scaled lighting and pavement on 200-300 blocks of N. Cayuga
Street.
Capital Projects
• Coordinated Capital Budget Process for 59 Requests totaling over 26 million dollars, 32 of
which were recommended for funding at a total of approximately 7 million dollars, with $1.6
million in reimbursable funds.
Page 2 of
2019
Planning Division Accomplishments
Collegetown Streetscape Plan (Support)
Inlet Dredging (Support)
• Worked with Superintendent of Public Works, the DEC, and a consultant team to further the
construction of the Sediment Management Facility in the southwest area.
Cascadilla Creek Dredging
• Completed paperwork and Execution of a Grant Dispersal Agreement for $2 million.
• Worked with Public Works and TG Miller to review bid documents (support role).
• Worked with Attorney's office to develop and execute a Temporary Easement with adjacent
property owners.
Intercity Busses
• Organized meeting with intercity service providers, business and property owners, and
County agencies to relocate the bus station to Green Street.
• Worked with intercity service providers to coordinate schedules.
• Worked with the Parking Division and Engineering to install new signage and relocate
parking to allow for a "Busses Only"lone and "No Parking Passenger Drop Off and Pick Up
Only"on Green Street.
• Coordinated and participated in on street assistance for providers and riders during the
school breaks and heavy travel days.
• Worked with the City Attorney's office and outside council to prepare and testify in a lawsuit
filed by OurBus for which the city was successful in winning.
Homeless Housing Task Force
• Attended meetings and provided support and information for the Homeless Housing Task
Force.
Housing
• Studied Infill Housing-Accessory Apartments in the R Zones
o Studied laws regulating accessory apartments and identified areas for potential
change.
o Held Community Conversation to get feedback on potential changes and issues.
o Drafted legislating for regulation of Accessory Dwelling Units.
• Short Term Rentals
o Prepared a draft White Paper and FAQ for STR.
o Investigated third party monitoring companies,
o Researched NYS Building Standards and Codes as they pertain to STRs.
o Compiled data on number of STR currently in the City of Ithaca.
Page 3 of 9
1
Planning iiion Accomplishments
Green New Deal J Sustainability
Green New Deall le enttio
• Worked with Mayor's Office to develop Green New Deal proposal.
• Formed and convened a GND Transition Team to draft a Sustainability Manger Job
description and related documents in preparation for an April 1, 2020 start date.
• Formed and convened an Interim Advisor Committee of outside stakeholders.
• Performed outreach to educate and build support for GND.
• Crafted initial communications including webpage and GND summary document.
Ithaca Energy Code Supplement
• Drafted Ithaca Energy Code Supplement language based on Green Building Policy report.
• Convened and facilitated regular meetings with Working Group.
• Gathered feedback through public outreach, including 13 presentations.
Emissions Reductions for Existing Buildings
• Secured a $62,850 Park Foundation grant to study potential legislation.
• Worked with Cornell professors and classes to conduct early research.
• Worked with Town of Bedford and City of Saratoga Springs to develop related project.
Cher
• Administered and applied for grants.
• Oversaw dissolution of the Sustainability Center and subsequent establishment of the
Sustainability Initiative of the History Center in Tompkins County.
• Published Ithaca Sustainability Newsletter.
• Coordinated special events such as NYSERDA Clean Energy Communities video shoot and
Center for Performance and Civic Practice preliminary visit.
• Represented City for local, state, and national initiatives and organizations, such as Tompkins
County Energy Task Force, Ithaca 2030 District, and Urban Sustainability Directors Network.
Legislation
• Revisions to and Adoption of the Special Permit Ordinance.
• Drafted Legislation Amending Zoning on the West State Street Corridor.
• Coordinated PUD approval process for 320 West Buffalo Street- PUD Approved.
• Coordinated PUD Approval Process for 620 South Aurora Street- PUD Approved.
Economic Development Projects&Activities
Business Development
• Created a 2,000-record City business database with the GIS division.
• Partnered with TC3 to establish a Small Business Development Council Office offering pro-
bono business advising service in the City.
Page 4 of
2019
Planning Division Accomplishments
w Provided business development and location assistance for two dozen+ City businesses.
• Convened partners (Alternatives, SBDC, IURA) and established preliminary funding for a new
local character-based lending program supporting loan-income entrepreneurs.
• Supported Tompkins County, The History Center, and partners, in establishing the Tompkins
Center for History and Culture on Bank Alley.
CmU|egetowVn Beautification Program
• Established short-term beautification priorities in partnership with the COUegetDvvn Srn8||
Business Alliance, Tompkins County Chamber of Commerce, and Tompkins County
Beautification Program.
w In collaboration with Cornell, held a competition for graphics to be used on banners in
CQUegetDvvn.
• Secured partner funding (City, Cornell, and the Chamber) for Co||egetovvn banners and
short-term improvements.
• Worked with DPW and City Electrician to install banners and benches in Co|leQetovvn.
Community Investment Incentive Tax Abatement Program (CU|TAP)
• Coordinated the City approval process for 3O5 North Cayuga Street- Library Place -
Abatement Approved.
• Coordinated the City approval process for 327 Seneca Street Abatement Approved.
Downtown Conference Center (Get updated from Tom & PJels)
• Worked with the DIA and Tompkins County Tourism Program on developing a Phase Two
Feasibility Study for G Downtown Conference Center.
• Worked with the D|Ato successfully secure aREDC grant for$5 million for the conference
center project.
• Analyzed and recommended two financing models for the Conference Center.
Downtown Transportation Demand Management Program
• Worked with the D|Ato support roll out and implementation Of Phase | Vf the TDM program.
• Contracted with NYS DEC and D|Ato study the feasibility of Downtown Ithaca
Transportation Management Authority.
Ithaca Commons Management
• Worked with CityAttorney's office to develop claims resulting from inadequate completion
of contractual obligations for the Commons reconstruction project andsuccessfu|lyreach
settlement agreements against multiple firms.
• Coordinated with the D|A and City DPW staff for ongoing management of the Commons,
including maintenance, repairs, upgrades, permits, events, and addressing property and
business owner concerns.
• Managed outstanding items to be completed as part of the rebuild of the |thGC@ CQnnno0nS.
• Orchestrated the relocation of electrical controls for the fountain from the vault to Baby
Bank Alley.
Page 5 of 9
1
Planning iiion Accomplishments
• Coordinated work in the fountain vault to make it code compliant.
• Worked with the Attorney's Office, consultants and contractors to repair the Commons.
kiosks (coordination with FLTG, MDKS, and DIA), which is ongoing.
• Worked with the Attorney's Office to settle claims with Commons consultants Sasaki,
Labella, Vacri, and Power and Construction.
• Worked with the DIA, the City, and the project team to purchase items for a temporary
playground on the Commons during construction of the Harold's Square project.
ajar`Development Projects—Support&Approvals
City Centre—Opened in August 2019
Hilton Canopy—Opened in October 2019
Library Place— Foundations Complete
GreenStar—On schedule to open in spring 2020
Harold Square-on schedule to open late summer 2020
North Campus Residential Expansion (NCRE)— Under Construction
ArtHaus—Approved— Demolition Complete - Construction Pending
West End Heights (Lakeview Mental Health) —Construction Pending
320 W Buffalo Street Housing (INNS)—Approved —Construction Pending
Chainworks Redevelopment Project
• Completed Environmental Impact Statement
• Final Approval for Phase 1 of the Project
• PUD Adoption
Carpenter Business Park/Cayuga Medical Center/Community Gardens
• Biweekly progress meetings
• Coordinated PUD/ PB approval schedule and meetings
• Coordinated joint PB/CC Meetings
City Harbor
• Biweekly progress meetings
• Submitted two grants for proposed promenade
Ithaca Urban en alency-1
Disbursed $1.84 million in grant funds for affordable housing,job training and placement,job creation
activities, prevention of homelessness, and public facilities to strengthen neighborhoods.
Housing
• Delivered loan assistance to Ithaca Neighborhood Housing Services (IHS) to rehabilitate and
reconstruct 29 affordable rental housing units at scattered sites.
• Assisted 84 low-income households with security deposit assistance or Tenant-Based Rental
Page 6 of
2019
Planning Division Accomplishments
Assistance (TBRA).
• Delivered funding assistance to Tompkins Community Action to complete a major
rehabilitation of Chartwell House, a 12-bed permanent supportive housing projectserving
chronically homeless men with disabilities.
• Provided funding to rehabilitate or make repairs to housing units for 49 low-income
homeowners.
Public Facilities
• Completed construction of 1,200 linear-foot sidewalk extension on South Aurora Street
from Hi||vievx Place tothe City boundary.
• Completed acquisition of a 9,000—Sq. Ft. gymnasium building at the former Immaculate
Conception Elementary School site. The gym will be utilized by Greater Ithaca Activities
[enter (G|AC) for youth recreation programming.
• Completed installation Of upgrades at3 bus shelters at high-traffic transit locations.
• Completed final phase of heating/roofing renovation project at Downtown Ithaca Chi|dren's
Center /D|CC\, a childcare facility serving low-to-moderate income (LM|) children.
Economic Development
• Negotiated and approved Disposition and Development Agreement with Vecino Group New
York, LLC to convey and redevelop the western section of the Green Street Garage site for an
urban renewal project thatindudes217 affordable rental housing units, 35O new and
refurbished parking spaces, and a49,OOO-SFconference center.
• Delivered loan assistance toGreen5tar Cooperative Market, Inc. 10 relocate and expand its
flagship grocery store Lo77OCascadi||a Street, resulting in creation of24 jobs "living wage"
jobs.
• Delivered loan assistance to Finger Lakes ReU3etO acquire its facility On Old Elmira Rd,
thereby retaining over 2O jobs.
• Funded three workforce development programs, resulting in 36 job placements of
unemployed 0r underemployed persons.
General
• Developed 5-year City ofIthaca Consolidated Plan to guide use oF HUD Entitlement funds.
w Submitted funding applications for community development initiatives:
� BUILD discretionary U.S. DOT for Rte. 13 redesign; U.S. EPA Brownfields Community
Assessment; NYS Consolidated Funding Application for Green Street Garage parking
reconstruction; and Enterprise Anti-Displacement Learning Network
• Serve as Co-Chair of Ithaca/Tompkins County Continuum of Care (CoC), coordinating regional
efforts to address homelessness.
• Administered disbursement ofOty's annual contribution tothe Community Housing
Development Fund /[HDF\ tDconstruct affordable housing.
• Oversight and coordination with [DP| on management ofthe Cayuga Street Parking Garage.
Page 7 of 9
1
Planning iiion Accomplishments
Grant Awards&Applications
Awards
• $23,000 From NYS for construction of a Paddle Park on Cascadilla Creek (City Harbor
project).
• $100,000 NYS to advance the Climate Action Plan.
• $5,000,000 From NYS for construction of a Downtown Conference Center.
Applications
• ARC funding to establish a new character-based business lending program in partnership
with the SBDC and AFCU. Application approved at the regional level; under review in DC.
• URI in Coordination with DIA for a Downtown Conference Center and the Green Garage
replacement projects.
Quasi-Judicial Boards and Committees
Planning Development Board
• Staffed 12 meetings and 2 Special Meetings
• Coordinated the review of 14 development projects equaling $184 million in investment,
329 rental housing units of which 120 are affordable, 9 for-sale housing units of which 8 are
affordable, and SF of 117,100 of new and refurbished commercial space.
• Completed staff level approval for 10 projects totaling 8.4 Million for renovations to existing
commercial & institutional space.
Board of Zoning Appeals ( ) (update)
• Staffed 10 meetings
• Reviewed and deliberated 30 Zoning Appeals and granted 29 variances
Ithaca Landmark Preservation Commission
• Staffed 10 meetings, 1 special meeting and a commission training
• Coordinated Commission review of 19 applications for Certificates of Appropriateness
• Completed 78 staff level approvals (a 37% increase from 2018)
Planning and Economic Development Committee
• Staffed 12 meetings and prepared materials for the Planning Committee
• Coordinated 15 Public Hearings.
• Drafted 54 Memos & Supporting Information.
• Prepared 49 Resolutions, 10 Environmental Reviews, and 1 Findings Statement.
• Drafted 8 Ordinances
• Passed two PUDs.
Page 8 of
2019
Planning Division Accomplishments
Public Art Approvals
• Received funding and coordinated installation of the Southside Community Center Mural.
• Worked with CAP on the approval of the "Tompkins Giant" sculpture, sought public
comments, and analyzed various locations.
• Worked with 2 artists on a privately funded sculpture "Anthropocene", took through the
approval process, and recommended a location for the piece (Baker Park).
• Prepared an RFP for a grant funded sculpture "Ithaca Moves", envisioned as a community-
build, kinetic sculpture or series of sculptures utilizing re-used materials and selected a
jury to review proposals.
• In collaboration with the DIA, prepared an RFP for Round 2 of the sculptural bike racks,
reviewed submissions, and determined locations.
Supported Commissions as assigned
Internal Organization and Proiects
Public Art
• Developed and Launched of New Public Art Webpage
• Geocoded Inventory of City Public Art Collection
• Streamlined Mural Approval Process
• Worked with CAP on the Tompkins Giant Sculpture
Assumed responsibility for processing sign permits
Developed Use Tables for all Zones
Continued work on the property management database
• Resolved remote access issues that will allow applicants to fill out and submit forms on line.
• Created templates for automation of repetitive tasks currently being done by hand.
Personnel
Retired one Senior Code Inspector.
Retired one Senior Plan Examiner.
Promoted one Senior Code Inspector to Senior Plan Examiner.
Promoted one Code Inspector to Senior Code Inspector.
Advertised for 2 Code Inspectors, will interview six applicants in 2020.
Retired one Housing Inspector.
Promoted one Housing Inspector to Code Inspector.
Interviewed 3 Housing Inspector applicants, resulting in two hires.
Hired one Plumbing Inspector.
Promoted one Office Assistant to Permit Clerk.
Interviewed (2) Office Assistant applicants resulting in one hire.
Advertised for a new entry level planner. Conducted 14 phone interviews and 5 face to face
interviews. Search is ongoing.
Page 9 of 9
City of Ithaca
Planning & Economic Development Committee
Wednesday, November 13, 2019 — 6:00 p.m.
Common Council Chambers, City all, 108 East Green Street
Minutes
Committee Members Attending: Joseph (Seph) Murtagh, Chair; Cynthia
Brock, Stephen Smith, Donna Fleming, and
Laura Lewis
Committee Members Absent: Alderpersons Nguyen and McGonigal
Other Elected Officials Attending: None
to Attending: JoAnn Cornish, Director, Planning and
Development Department; Jennifer Kusznir,
Senior Planner; Alex Phillips, Planner; Nels
Bohn, Director, IURA; and Deborah Grunder,
Executive Assistant
Others Attending: None
Chair Seph Murtagh called the meeting to order at 6:00 p.m.
1) all to Order/Agenda Review
Item #7b was moved up after Item #4a.
2) Public Comment
Martha Frommelt, 308 Elmwood Avenue, spoke on infill guidelines. She encourages
the City to include owner occupancy. She has seen the difference in which
dwellings are owner occupied and those that are rental. Neighbors start to become
enforcers. Code enforcement is very difficult in the City.
Dan Hoffman, 415 Elm Street, spoke on infill. One size fits all is not the right
approach. "As of right" won't work here. The impact to allow "as of right" will be very
unequal. Those with larger yards will benefit since they can have the additional
dwelling. The neighbors feel the impact particularly if not owner occupied.
John Graves, 319 Pleasant Street, spoke on infill. The number of landlord owned
parcels exceed the owner-occupied parcels. This is damaging to the area. Back
yard parking lots were put in which affected storm water drainage. One size fits all
will not work. Owner-occupied dwellings is a must.
Howard Erlich, 105 Oxford Place since 1980. Owner occupancy is a necessity.
Homeowners take pride in their neighborhoods far more than landlord-owned. A
one size fits all will not work. This is too complicating.
Sally Lockwood, 641 Hudson Street, spoke on infill. She would like to reiterate the
need for owner occupancy. With South Hill elementary school within in the vicinity, it
will bring more owner occupancy needs.
Ashley Miller, 126 Sears Street, there is no mention of owner occupancy in the
proposed plans. Ithaca shouldn't be compared to Portland and Seattle. We are not
the same. Many have said that banks will not fund an ADU. Local banks in Ithaca
will fund them through home equity loans.
Michael Rizweak, 306 Ithaca Road, also spoke on infill and the need for owner
occupancy. Passing this as written will ruin the Bell Sherman neighborhood.
Theresa Lyezko, 316 Ithaca Road, stated the owner occupancy requirement is
crucial to remain in place.
Theresa Alt, 206 Eddy Street, spoke on the CIITAP. Heather McDaniel, TCAD, will
not provide the 20% incentive.
Elizabeth Martyn, 306 Ithaca Road, spoke on ADUs. We're seeing more people
being crammed into homes that have zoning guidelines that are not being followed.
We cannot be compared to Portland. We are not similar.
Jeff ushe, 205 Ithaca Road, spoke on ADU owner-occupancy requirement. She
reiterated Rizweak's comments. We shouldn't be taken single family homes out of
the market.
Sheryl Swink, 321 N. Albany Street, spoke on infill housing. There should be a
requirement of subdivision rather than the addition of an ADU.
Deborah Justice, 106 2nd Street, spoke on owner-occupancy infill. I own a home and
have a shed on my property which I would love to make it an ADU, but I can't
financially afford to do so. There are a number of people who do take good care of
their homes regardless of renting or owning. It's really hard for a middle income
individual to afford owner-occupancy infill.
Cynthia Brock responded to comments made. She doesn't agree that you have to
be rich to live in Ithaca.
Donna Fleming voted for owner-occupancy. We need to be very careful when
making comments about those people who rent.
Laura Lewis thanked all who came out on such a cold evening. She agrees with
Donna Fleming's comments regarding renters. Renters have a huge positive
impact on the City.
Chair Murtagh also thanked all who came to speak. He agrees that we do need to
be careful with the comments made about rental units. What we are trying to do with
the AU legislation is to limit the large developers take over single family homes and
creating rental units. We want to make it easier for those who may not be on the
wealthy side.
3) Special Order of Business
a) Public Hearing —Waterfront Plan
Alderperson Lewis moved to open the public hearing; seconded by Alderperson
Smith. Carried unanimously.
Sheryl Swink, 321 N. Albany Street, served on the Waterfront Plan committee
and thanks other committee members and City staff.
John Graves, 319 Pleasant Street, stated that he would like to see the Green
New Deal be incorporated in this plan.
Alderperson moved Brock to close the public hearing Fleming; seconded by
Alderperson, Carried unanimously.
b) Public Hearing —Vecino Disposition and Development Agreement
Alderperson Lewis moved to open the public hearing; seconded by Alderperson
Smith. Carried unanimously.
No one spoke on this project.
Alderperson Brock moved to close the public hearing; seconded by
Alderperson Lewis. Carried unanimously.
4) Discussion
a) CIITAP Affordable Housing Policy
Heather McDaniel, Director, TCAD (Tompkins County Area Development),
provided her background and stated she realizes the need and understands the
affordable housing crisis here in Ithaca.
20% of affordable housing is a recommendation for 30 years.
As a planner, she stated that planning takes a lot of time.
Questions one should ask:
• Is the subsidy amount correct?
• Are we foregoing tax benefits for too long?
• Is this the best use of tax dollars?
McDaniel and TCAD expressed reservations with whether the 30% subsidy
amount was appropriate. They also shared concerns of potential compliance
issues the IDA might have with monitoring affordable housing. The IDA is
currently working on its own version of the policy for review and comment in
January.
The IDA has requested me (TCAD) to develop a policy. We are looking to see
what the compliance and monitoring would look like. There is also a second
option, there could be a payment to be set aside into a fund that would be able
to provide dedicated funding to support city-wide or county-wide affordable
housing. The IDA will look at projects on a case-by-case basis.
5) Announcements, Updates, Reports
There we no announcements to share.
6) Action Items (Voting to Send on to Council)
a) Waterfront Plan
November 7,2019
Adoption of the Waterfront Area Plan as Part of Phase 11 of the City of Ithaca Comprehensive Plan —
Declaration of Lead Agency for Environmental Review
Moved by Alderperson Smith; seconded by Alderperson Fleming. Carried unanimously.
WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency be established for
conducting environmental review of projects in accordance with local and state environmental law,and
WHEREAS, State Law specifies that, for actions governed by local environmental review, the lead agency shall
be that local agency which has primary responsibility for approving and funding or carrying out the action,and
WHEREAS, the proposed adoption of an amendment to the comprehensive plan is a "Type I" Action under the
City of Ithaca Environmental Quality Review Ordinance, and the State Environmental Quality Review Act and is
subject to environmental review;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 the Waterfront Area Plan as part of Phase I1 of the City of Ithaca
Comprehensive Plan.
Proposed Resolution
Planning&Economic Development Committee
November 7,2019
Adoption of the Waterfront Area Plan as Part of Phase H of the City of Ithaca Comprehensive Plan —
Determination of Environmental Significance
Moved by Alderperson Brock; seconded by Alderperson Smith. Carried unanimously.
WHEREAS, the City of Ithaca is considering the adoption of the Waterfront Area Plan as part of Phase 11 of the
City's Comprehensive Plan,and
WHEREAS, appropriate environmental review has been conducted including the preparation of a Full
Environmental Assessment Form(FEAF),dated September 23,2019,and
WHEREAS, the proposed plan has been reviewed by the Tompkins County Department of Planning and
Sustainability pursuant to §239-1-m of 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 distributed for review by City staff,the City Advisory Commissions, the
City Board of Public Works,and the City of Ithaca Planning and Development Board,and
WHEREAS, the proposed action is a "Type I" Action under the City Environmental Quality Review Ordinance
and the State Environmental Quality Review Act, and
WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has reviewed the FEAF prepared
by planning staff;now,therefore,be it
RESOLVED,that this Common Council,as lead agency in this matter,hereby adopts as its own the findings and
conclusions more fully set forth in the Full Environmental Assessment Form, dated September 23, 2019,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.
Proposed Resolution
Planning&Economic Development Committee
November 7,2019
Adoption of the Waterfront Area Plan as Part of Phase II of the City of Ithaca Comprehensive Plan —
Resolution
Moved by Alderperson Smith; seconded by Alderperson Brock. Carried unanimously.
1. WHEREAS, in September of 2015, the Common Council adopted Plan Ithaca as Phase 1 of
the City Comprehensive Plan, and
2. WHEREAS, the Comprehensive Plan outlines a vision for the city's future and serves as a
guide for future decision-making,policies, and funding, and
3. WHEREAS, Plan Ithaca-Phase I, sets forth broad goals and principles to guide future
policies throughout the city while Phase 11 of the plan is intended to consist of a series of
specific neighborhood and thematic plans, and
4. WHEREAS,EREAS, in November of 2015 staff was directed to begin working on a waterfront
development plan as a part of the next phase for the Comprehensive Plan, and
5. WHEREAS, a waterfront working group made up of 17 members of the public and City
Planning Staff was established in the fall of 2016 to conduct public outreach and prepare the
draft plan, and
6. WHEREAS, the group commenced meeting regularly in September of 2016 and began by
drafting a land use chapter and developing a recommendation for new zoning for the area,
which was adopted by the Common Council in August of 2017, and
7. WHEREAS, the Waterfront Working Group continued meeting regularly in order to draft the
Plan Ithaca Phase Il-Waterfront Area Plan, and
8. WHEREAS, the recommendations of the plan were introduced to the public at two open house
sessions that were held at the Ithaca Farmer's Market on July H, 2019, and
9. WHEREAS, following these events, the Waterfront Working Group revised the draft plan to
incorporate comments from the community, and
10. WHEREAS, the draft plan was presented to the Planning & Economic Development
Committee on September 11, 2019, and following that meeting, was circulated for additional
comments, and
11. WHEREAS, the adoption of the Waterfront Area Plan as part of Phase lI of the
Comprehensive Plan is a Type I action, and the Common Council, as lead agency, has
completed environmental review and determined that the action will not have a significant
impact on the environment, and
12. WHEREAS, a public hearing for the adoption of the plan was held on.November 13,2019, and
13. WHEREAS, the draft Waterfront Area Plan that was recommended by the Waterfront
Working Group has been circulated, revised accordingly and considered by the Common
Council, and
14. WHEREAS, the plan includes the goals that are were established in Plan Ithaca, to address the
topics of land use, economic vitality, community livability, mobility and transportation, natural
and cultural resources, and sustainability, energy and water resources, with more specific
recommendations and action steps specifically for the waterfront area, therefore be it
1. RESOLVED, that the Common Council hereby adopts the Waterfront Area Plan,
dated November 1, 2019, as part of Phase II of the Comprehensive Plan, and be it
further
2. RESOLVED, that this Comprehensive Plan shall serve as a guide for future decisions
made by Common Council, City boards and commissions, and City staff, and be it
further
3. RESOLVED, that Common Council shall establish regular reviews and updates of the
Comprehensive Plan every five years.
Alderperson McGonigal gave a huge thank you to Jennifer Kusznir as well as Sheryl
Swink.
Chair Murtagh commented that the flood study being done in this area will be included
as an appendix.
Alderperson McGonigal asked when the zoning concerns will be acted on. Director
Cornish stated that will take roughly two months.
lb) Vecino Disposition and Development Agreement
The project cannot get started without approval from Common Council.
Proposed Resolution
Planning& Economic Development Committee
November 13, 2019
Nonbinding Determination of Intent to Approve the Disposition & Development
Agreement-West & Center Sections of Green Street Garage Mixed-Use Urban
Renewal Project
Moved by Alderperson Lewis; seconded by Alderperson Brock. Carried
unanimously.
WHEREAS, on October 4, 2017, the City of Ithaca Common Council authorized
transfer of the Green Street Parking Garage property located at 120 E. Green Street
(Tax Parcel #70.-4-5.2) to the Ithaca Urban Renewal Agency (IURA), via an option
agreement, for the purpose of structuring a proposed property sale and
development agreement with a preferred developer to undertake an urban renewal
project subject to approval by the Common Council, and
WHEREAS, on December 13, 2018, the Ithaca Urban Renewal Agency designated
Vecino Group New York, LLC (Vecino) as the preferred developer, and qualified and
eligible sponsor pursuant to Section 507 of General Municipal Law, to potentially
acquire a portion of Tax Parcel #70.-4-5.2, located at 120 E. Green Street, Ithaca, NY,
for the purpose of undertaking an urban renewal project, and
WHEREAS, implementation of the urban renewal project will be governed by a
Disposition and Development Agreement (DDA) that defines the terms for
conveyance of the project site to Vecino, required elements included in the
redevelopment project and obligations of Vecino, the IURA and other stakeholders,
and
WHEREAS, on August 29, 2019, the IURA conditionally approved the 8/28/19 DDA
for the West and Center Sections of the Green Street Garage Mixed-Use Urban
Renewal Project subject to Environmental Review and Common Council approval,
and
WHEREAS, the DDA establishes binding terms for the development transaction and
the final project including:
1. Seller: Ithaca Urban Renewal Agency
2. Purchaser: Vedno Group New York, LUC
3. Project Site: West and Center sections of Green Street Garage Site at 120 E.
Green Street
4 Sales Price:� . � �
5. Major Project Elements:
� 2l8 units of affordable housing
� 49,QOOsfconference center
� 351 public parking spaces
� Retention of existing 5-screen cinema
� Conversion Vf City Hall surface parking to City Hall Park
6. Parking Lease: 30-year City lease of parking at approximately$2,000-
$2,250/space/year, with City option to re-acquire parking at end of the lease
term, and
WHEREAS, ifthe conference center project iSdeternninednotto be financially
feasible for inclusion in the project, it will be replaced with ground floor retail use
and an additional 55 units Of affordable housing, and
WHEREAS, On September 5, 2Ol9, VednO executed the DDA, and
WHEREAS, IURA execution of the DDA is subject to completion of environmental
review Of the project ond Common Council; and
WHEREAS, to induce Vecino to invest resources to complete environmental and
site plan review of the project, the |URArequeststheCornrnonCOund| tornake@
preliminary, non-binding determination, subject to future completion of
environmental review, whether it intends to approve, modify, orreject theDDA;
now, therefore, beit
RESOLVED, that the Common Council for the City of Ithaca hereby makes a
pre|irninary, nonbinding determination that it intends to approve the 0/2A/19
Disposition and Development Agreement between the IURA and Vecino governing
the redevelopment transaction for the West and Center Sections of the Green
Street Garage Mixed-Use Urban Renewal Project, and be it further
RESOLVED, that the urban renewal project sha|| cornebacktoCornnnonCounci| for
final decision making following completion of environmental and site plan review
and an additional public hearing.
7\ Action Items (Approval to Circulate)
a) Accessory Dwellingnits
DRAFT
PLANNING COMMITTEE:
An Ordinance Amending the Munici2al Code of the City Of Ithaca, Cha ter 325,
Entitled "Zoning" In Order to Establish Regulations for the Development of
Accessory Dwelling Units
Moved to circulate by AlderpersonSmith; seconded by Alderperson Lewis.
Carried unanimously.
ORDINANCE
1. WHEREAS in 2017, the City established the South Hill Overlay
District (SHOD) in response to concerns that were raised by the
South Hill neighborhood rapid in-fill (ADU' s) of development in the
neighborhood and the impacts on both the aesthetic qualities and the
character of the neighborhood, and
2. WHEREAS, the SHOD was intended to be a temporary measure to prevent
further development until the City could establish regulations for
this type of infill (ADU' s) , and
3. WHEREAS in the interim, similar concerns about development pressure
were raised throughout the City, and
4. WHEREAS, City staff were directed to research how
infill (ADU'S)development was regulated in other municipalities, and
5. WHEREAS, Planning Staff spent several months researching other
communities and developing proposals to encourage the development of
accessory dwelling units (ADU'S) that would protect neighborhoods
while allowing for housing options that could provide property
owners with additional income, and
6. WHEREAS, on August 29, 2019, a community meeting was held, with
approximately 70 people in attendance, who offered opinions on
options to allow the development of appropriate ADU's, and
7. WHEREAS, and staff has considered feedback from the public, the
Common Council, and other communities and has developed a set of
regulations allowing property owners to develop ADU' s, where
appropriate, and the means to protect neighborhoods from the
negative impacts of over development, now therefore be it
ORDAINED AND ENACTED by the Common Council of the City of Ithaca that
Chapter 325, Zoning, be amended as follows:
Section 1. Chapter 325-3B of the Municipal Code of the City of Ithaca,
entitled "Definitions and Word Usage", is hereby amended to add the
following new definitions:
Accessory Dwelling Unit (ADU) A second dwelling unit located
in the rear or side yard on a lot with any one-family dwelling.
The second unit is created secondary to, and is always smaller
than the primary one-family dwelling. The unit includes its own
independent habitable space including provision for sleeping,
cooking, and sanitation, and is designed to be occupied by an
individual or a family, plus not more than one unrelated
occupant, independent of the primary dwelling units.
1 . Attached Accessory Dwelling Unit (AADU) - A room or
set of rooms, basement, or any other space that is located
within a primary structure, but is established as a
separate dwelling unit. AADU' s may be occupied by an
individual or a family, plus not more than one unrelated
occupant.
2. Detached Accessory Dwelling Unit (DADU) - A separate
dwelling unit that is constructed on a single family lot
that is not connected to the primary structure. DADU' s
may be occupied by an individual or a family, plus not
more than one unrelated occupant.
3. Out Building Conversion - A separate dwelling unit
that is converted from an existing garage, carriage house,
or other accessory structure.
Contiguous Green Space - Green Space on a lot that is
uninterrupted by structures or paved surfaces .
Section 2. Chapter 325-8 of the Municipal Code of the City of Ithaca,
entitled "District Regulations", is hereby amended to add a new section F,
entitled "Additional Restrictions in the R-1, R-2, CR-1, and CR-2 Zoning
Districts", to read as follows:
F. Additional Restrictions in the R-1, R-2, CR-1, and CR-2 Zoning
Districts.
(1) Intent. This section authorizes the installation of accessory
dwelling units in the R-1, R-2, CR-1, and CR-2 districts. The
purpose and intent of permitting accessory dwelling units is:
(a) To provide homeowners, especially those of low and
moderate income, with a means of obtaining through rental
income, companionship, security and services and thereby
to enable them to stay more comfortably in homes and
neighborhoods they might be forced to leave.
(b) To add inexpensive rental units to the housing stock to
meet the needs of smaller households, both young and old.
(c) To make housing units available to low- and moderate-
income households who might otherwise have difficulty
finding homes within the City.
1 t iti'
(d) To develop housing units in family neighborhoods that
the
lifecycle, thereby lessening fluctuations in neighborhood
demand for services.
(e) To preserve and allow more efficient use of the City' s
existing stock of dwelling while ensuring healthy and safe
living environments.
(2) General Restrictions.
(a) In the R-1, R-2, CR-1, and CR-2 Zoning Districts, only one
primary structure is permitted as of right. Multiple
primary structures are only permissible by a special
permit. See Section 325-10
(3) Additional Requirements for Accessory Dwelling Units
(b) Number of Accessory Dwelling Units. Only one accessory
dwelling unit, attached or detached, is permitted on a
lot.
(c); Parking. No additional parking is required for the
accessory dwelling unit. Existing required parking for the
primary structure must be maintained or replaced on site.
(d) Location. Accessory Dwelling Units may be located on one
family dwelling properties in any R-1,;R-2, CR-1, CR-2
zoning districts. ' ADUs 'are permitted in any side or rear
yard but not in the required front yard. Corner Lots shall''
be considered to have two front yards.
(e) Additional Requirements for Detached ADUs.
[a] Notwithstanding any other requirements of this
section, a'minimum side and rear yard setback
of five feet shall be required, except that,
where light, air, and open space requirements
of the City Building ,and Housing Code can be
met.
[b] A DADU may not be placed less than 5 feet from
the primary structure.
[c] A requirement that a minimum of 35% of a!
lot be contiguous green space.
r Tat Ce 35%
, Con
Con
ti
1,.
(f) Number of Residents. Accessory Dwelling Units may be have
an occupancy of an individual or a family, plus not more
than one unrelated occupant:
IN 1
r IRS`,
3
Q
44
� t, ititititititt�itt
(g) Appearance of Accessory Dwelling Units. Accessory Dwelling
Units should not disrupt the overall architectural
character of the neighborhood. A similar architectural
style and roof pitch should connect the primary structure
to the accessory dwelling unit.
[1] Location of Entrances. New or additional front
entrances are discouraged, but in any event must be
compatible with the architectural style of the
existing structure. Detached accessory dwelling
units are exempt from this standard.
(h) Size Allowances.
[1!] Detached Accessory Dwelling Units- The maximum size
of a DADU may be no more than 75'n of the WINN
area of the primary structure or 800 square feet,,
whichever is Less.
[2;] Attached Accessory Dwelling Units- The maximum size
of an AADU may be no more than 33.3% of the
[3] Out Building Conversion- Outbuilding conversions are
exempt from all area requirements, including maximum
lot coverage requirements, minimum green space
requirements, and any setback requirements.
(i) Accessory dwelling units, with the exception of
outbuilding conversion, shall meet all applicable codes,
including the area requirements of � c
Section 3. Chapter 325-9C of the Municipal Code of the City of Ithaca,
entitled "Special Permits", is hereby amended, to add a new section "s.
Multiple Primary Structures in R-1, R-2, CR-1, and CR-2 Zoning Districts."
Section 4. Chapter 325-10 of the Municipal Code of the City of Ithaca,
entitled "Accessory Apartments", is hereby deleted in its entirety, and
replaced with a new section 325-10 "Multiple Primary Structures", to read as
follows:
325-10 Multiple Primary Structures in -1, -2, C -1, and C -2 Zones
A. Issuance of a special permit
(1. ) Application for a Multiple Primary Structure in R-1, R-2, CR-
1, and CR-2 zones shall be made to the Planning Board in
accordance with the procedures of §325-40. Application
shall also be made for a recommendation from the City of
Ithaca Planning & Development Board. Applications should
include the following:
(a.) A multiple primary structure application form,
(b.) A site plan,
(C.) Floor Plans, existing and proposed with dimensions
specified,
(d) Facade (Elevation) drawings,
(e.) Proof of notification of property owners within 200 feet,
(f.) A building permit application
(2. ) Requirements. In order to be granted a special permit, the
following criteria and requirements must be met:
(a.) Location. Multiple primary structures may be located in R-
1, R-2, CR-1, and CR-2 Zoning Districts with a special
permit. All primary structures must meet the requirements
of the City of Ithaca Building Code.
(b.) Size Requirements. Multiple primary structures are
subject to all lot size, area, and building size
requirements established within the zoning district that
the structure is located.
(C.) Exterior Appearance. Multiple Primary Structures on a lot
should be architecturally compatible and should contain at
least one structure that fronts on the street.
(d.) Off-Street Parking. Off-street parking requirements shall
be met, except that, in cases of practical difficulty, the
Planning Board may waive the parking requirement if there
is adequate parking in the neighborhood.
(3. ) Multiple primary structures must comply with New York State
Uniform Fire Prevention & Building Code.
B. Inspections. Multiple Primary Structures containing rental units are
subject to § 210-42 Inspections.
Section 5 . The City Planning and Development Board, the City
Clerk and the Planning Department shall amend the district
regulations chart in accordance with the amendments made
herewith.
Section 6. Severability. Severability is intended throughout and within the
provisions of this local law. If any section, subsection, sentence, clause,
phrase or portion of this local law is held to be invalid or
unconstitutional by a court of competent jurisdiction, then that decision
shall not affect the validity of the remaining portion.
Section 7. Effective date. This ordinance shall take effect immediately and
in accordance with law upon publication of notices as provided in the Ithaca
City Charter.
b) Carpenter Business Park PUD
The Cayuga Medical Association Representative stated the different services
that will be available in this project. All are needed in the down town. The
number of jobs will vary from 90 to 160.
This is a unique project. There are many technical issues. There are a lot of
community benefits in this project. Affordable housing is an important
collaborative effort between the developer and the community. We are ready to
do whatever it takes for this project to move forward. We are prepared to ride
this out and see it through.
Chair Murtagh is very much in favor of this project with the affordable housing
and the medical services available,
Alderperson Brock asked about their plan if this isn't funded. She also asked
for clarification as to the term of the U . They do not have to complete the
project within two years, but the project must be started within two years.
Alderperson Fleming moved to circulate; seconded by Alderperson Smith.
Carried unanimously. This will come back to this committee next month.
Draft Resolution
Planning & Economic Development Committee
-S-e 3-0November 12, 2019
An Ordinance to Establish the Carpenter
Development District
ORDINANCE NO.
BE IT NOW ORDAINED AND ENACTED by the Common Council of the
City of Ithaca that Chapter 325-13 of the City Code be amended
as follows :
WHEREAS, on April 4, 2018, the Common Council adopted
legislation creating a Planned Unit Development Overlay
District (PUDOD) , and
WHEREAS, on February 19, 2019, Whitham Planning and Design
submitted an application on behalf of Park Grove Realty and
Cayuga Medical Center for consideration to establish a Planned
Unit Development district at Carpenter Circle, parcel numbers
36 . -1-3 . 3 and 36-1-3 . 5, and
WHEREAS, the applicant is proposing the development of a new
urban neighborhood, comprised of a medical facility, one 4-
story residential building, and two 6-story buildings
containing ground floor commercial space, parking, and 4
stories of apartments, and
WHEREAS, the applicant will further develop neighborhood
streets, pedestrian and transit connections, shared parking,
and green space, and will work with Project Growing Hope, Inc .
reconfigure and improve the Ithaca Co unityu Gardens, —, and
support its establishment as a permanent site f-& ' T �
1 and
WHEREAS, the total proposed development contains approximately
64, 000 SF of medical office space, 215 new housing units, 42 of
which will be designated as affordable units, 349 surface
parking spaces, and 183 garage spaces, and
WHEREAS, the project is intended to provide the following
benefits to the community
1 _ permanent and improved : space for
Gcommun ty Ggardens open to the public;
2 . Generation of approximately 150 jobs;
3 . Construction of approximately 40 units of housing that
would be priced to be affordable to those earning 50-600
of AMI;
4 . High-quality public amenities, including improved
pedestrian, transit, and bicycle access throughout the
site, and public spaces including open green space, plazas
for events and/or outdoor dining, a playground, and storm
water management gardens featuring native plantings;
5 . An improved gateway into the City of Ithaca on Route 13;
6 . Alignment with the City' s Comprehensive Plan and ongoing
planning related to the Route 13 corridor and the
Waterfront Zone; and
WHEREAS, the applicant has stated that the project could not
proceed under the existing zoning due to setback and height
requirements, and
WHEREAS, a public information session, hosted by the applicant,
was held on April 8, 2019 and the meeting was advertised in the
Ithaca Journal, the property was posted with signs and property
owners within 500 feet of the property were notified by mail of
the meeting, and now therefore
BE IT NOW ORDAINED AND ENACTED by the Common Council of the
City of Ithaca that the City of Ithaca Establish the Carpenter
Circle Planned Unit Development District as follows :
Section 1 . Carpenter Circle Planned Unit Development District
is hereby established as follows :
Ca� ente� Circle District
Table of Contents
A. Legislative Intent
B . Community Benefits
E.C . Sub Areas
SOW ......._Permitted Uses
1 . Primary
2 . Accessory
P__;_E . Parking/Loading Requirements
E-,-F. Area Requirements
1 . Minimum Lot Size (SF)
2 . Minimum Width in Feet at Street Line
3 . Maximum Building Height
4 Maximum Percentage of Lot Coverage by Buildings
5 . Yard Dimensions .
a . Required Minimum Front Yard
b . Required Minimum Side Yard
c . Required Minimum Other Side Yard
d. Required Minimum Rear Yard.
6 . Minimum Building Height
ARTICLE IVB
Carpenter Business Circle Planned Unit Development
Part 1
Zoning Code
A. Legislative Intent
1 . On February 19, 2019, Whitham Planning and Design
submitted a an application on behalf of Park Grove
Realty and Cayuga Medical Center for consideration to
establish a Planned Unit Development district at
Carpenter Circle, parcel numbers 36 . -1-3 . 3 and 36-1-
3 . 5 . The applicant is proposing the development of a
new urban neighborhood, comprised of a medical
facility, one 4-story residential building, and two 6-
story buildings containing ground floor commercial
space, parking, and 4 stories of apartments . The
completed project is intended to provide the following
benefits to the community:
a. permanent and improved space for
cGommunity Ggardens .
b . Generation of approximately 150 jobs;
c . Construction of approximately 40 units of housing
that would be priced to be affordable to those
earning 50-600 of AMI;
d. High-quality public amenities, including improver]
pedestrian, transit, and bicycle access
throughout the site, and public spaces including
open green space, plazas for events and/or
outdoor dining, a playground, and storm water
management gardens featuring native plantings;
e . An improved gateway into the City of Ithaca on
Route 13;and
f . Alignment with the City' s Comprehensive Plan and
ongoing planning related to the Route 13 corridor
and the Waterfront Zone .
B. Community Benefits
1 . Benefits . The project is intended to provide the
following benefits to the community:
a. A permanent and mproved spade f c for ommunity'
gardens open to the public _ - W _
b. Generation of approximately 150 jobs;
c . Construction of approximately 40 units of housing
that would be priced to be affordable to those
earning 50-600 of AMI;
d. High-quality public amenities, including improved
pedestrian, transit, and bicycle access
throughout the site, and public spaces including
open green space, plazas for events and/or
outdoor dining, a playground, and storm water
management gardens featuring native plantings;
e . An improved gateway into the City of Ithaca on
Route 13Pand
f. Alignment with the City` s Comprehensive Plan and
ongoing planning related to the Route 13 corridor
and the Waterfront Zone .
2 . In the event that the applicant is not able to provide
all of the listed community benefits, the applicant
will be required to return to the Common Council to
renogiate the terms of the Planned Unit Development,
which may include providing alternative benefits, or a
direct payment in lieu of stated benefits . Failure to
provide adequate community benefits may result in the
City not issuing a certificate of occupancy, or
issuing a Temporary Certificate of Occupancy subject
to revocation if the required affordable housing has
not been delivered within 24 months .
P-:CC ® Sub Areas . The Carpenter Circle Planned Unit
Development District shall consist of 3 PUD-Sub Areas
1 . CCPUD-A-This sub area is intended to be predominantly
used for community gardens and may contain ti a-
structures and parking areas that support the gardens .
2 . CCPUD-B-This is a residential sub area.
3 . CCPUD-C-This sub area is a mixed used district
allowing for medical office, residential and small
scale commercial uses .
Nj
CCPUD .-..__
Community Gardens
t CCPUCI C
Mixed Use
a
e
x
4
D. Permitted Uses .
1 . Primary Uses
a. CCPUD-a
1) Community Gardens
b. CCPUD-b
1) Multiple Family dwelling (See § 325-3) .
c. CCPUD-c
1) Multiple Family dwelling (See § 325-3) .
2) Mixed-Use building.
3) Medical Facility.
4) Nursery school, child day care center, group
Adult Day Care .
5) Nursing, convalescent or rest home .
6) Public park or playground.
7) Library.
8) Business or professional Office .
9) Bank or Monetary Institution.
10) Office of Government .
11) Public, private or parochial school .
12) Neighborhood commercial facility.
13) Retail store or Service Commercial Facility.
14) Restaurants, Fast Food Establishment, Tavern,
with the exception of establishments where food
or drink is intended to be served to or consumed
by persons in automobiles .
14+-�1 I__5) __Club, Lodge or Private Social Center.
4-, -)-1 6) Theater, Bowling Alley, Auditorium or Other
Similar Place of Public Assembly.
1-64--17)--Hotel/Motel .
4-4+1_8) Recreational or Cultural Facilities such as
a Park, Playground, Art Museum.
4_9+1 9) Community gardens .
2 . Permitted Accessory Uses
a. CCPUD-a
1) Structure to support
garden use
b. CCPUD-b and CCPUD-c
1) A
ny accessory use permitted in the ND Zone
2) D
rive-Thru Banking Services
3) P
arking Garages
4) Dock
*-E . Parking/Loading Requirements
,al . Parking Requirement-None
e2 . Off Street Loading Requirement-None
*-F. Area Requirements
-&l . Minimum Lot Size (SF)
-&2 . Minimum Width in Feet at Street Line
-&3 . Maximum Building Height
-a. CCPUD-a
*-J) Maximum building height of 2 stories and
301
-b. CCPUD-b
*�1) Maximum building height of 4 stories and
601
-c. CCPUD-c
*�1) Maximum building height of 6 stories and
801
e4 . Maximum Percentage of Lot Coverage by Buildings-100o,
Except for Required Setbacks
e5 .
and Dimensions . CCPUD-a is xemt from all lob
area r irexents'.
a.
equired Minimum Front Yard for CCPUD-b and
CPU - - No front yard setback is required,
except as necessary to provide a minimum 5 '
sidewalk and an 8 ' tree lawn
b. Req
uired Minimum Side Yard for CCPUD-b and CCPUD-c.
If the side yard faces a street, no side yard
setback is required, except as necessary to
provide a sidewalk and tree lawn. No other
setback required.
C. Req
uired Minimum Other Side Yard. for CP and
CPU - . If the side yard faces a street, no side
yard setback is required, except as necessary to
provide a sidewalk and tree lawn . No other
setback required.
d. Req
uired Minimum Rear Yard—for CCPUD-b and CCPUD- .
If the rear yard faces a street, no side yard
setback is required, except as necessary to
provide a sidewalk and tree lawn . No other
setback required.
e6 .
inimum Building Height. There is no minimum
builin hei ht in the CPU -a district.; For
CCPUD-b and CCPUD-c, New construction must be a
minimum of 25' in height and 2 stories . Accessory
structures of less than 250 SF may be 1 story.
Section 2 . The City Planning and Development Board, the City
Clerk and the Planning Department shall amend the district
regulations chart in accordance with the amendments made
herewith.
Section 3. Severability. Severability is intended throughout
and within the provisions of this local law. If any section,
subsection, sentence, clause, phrase or portion of this local
law is held to be invalid or unconstitutional by a court of
competent jurisdiction, then that decision shall not affect the
validity of the remaining portion.
Section 4 . Effective date . This ordinance shall take effect
immediately and in accordance with law upon publication of
notices as provided in the Ithaca City Charter.
b) Waterfront Design Guidelines
Move by Alderperson Smith; Alderperson Fleming seconded. Carried
unanimously.
8) Review and Approval of Minutes
a) September 2019
Moved by Alderperson Smith; seconded by Alderperson Fleming. Carried
unanimously.
9) Adjournment
Moved by Alderperson Smith; seconded by Alderperson Fleming. Carried
unanimously. The meeting was adjourned at 9:38 p.m.