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HomeMy WebLinkAboutMN-PEDC-2020-02-12 Approved at the June 10, 2020 PEDC Meeting City of Ithaca Planning & Economic Development Committee Wednesday, February 12, 2020 – 6:00 p.m. Common Council Chambers, City Hall, 108 East Green Street Minutes Committee Members Attending: Joseph (Seph) Murtagh, Chair; Cynthia Brock, Stephen Smith, Donna Fleming, and Laura Lewis Committee Members Absent: None Other Elected Officials Attending: Alderpersons McGonigal and Nguyen Staff Attending: JoAnn Cornish, Director, Planning and Development Department; Jennifer Kusznir, Senior Planner; Alex Phillips, Planner; Nels Bohn, Ithaca Urban Renewal Agency; and Deborah Grunder, Executive Assistant Others Attending: Ari Lavine, City Attorney Chair Seph Murtagh called the meeting to order at 6:00 p.m. 1) Call to Order/Agenda Review Item # 5b, Waterfront Area and Stepback Requirements, was moved from Action Items to Approval to Circulate, Item # 6b 2) Public Comment Theresa Alt, 206 Eddy Street, is impressed how quickly the Planning Department they turned around the ADU ordinance. Now PEDC needs to send it onto Council. She further stated the R1 and R2 zones requirement for no more than one unrelated individual would certainly make those zones pretty unsuitable for mass housing in small spaces. Now, attention needs to be directed to code enforcement. Ellie Pfeffer, 1667 Clara Dickson Hall, reiterated Alt’s comments. She thanked the City for all the hard work the City has done with the ADU ordinance. She further stated that short-term rentals must come out of the equation. It should be dealt with separately. Right now it is possible in all zones for developers to buy up all these Approved at the June 10, 2020 PEDC Meeting tenant housing. Owner-occupancy requirements would kill the ADU ordinance. She urged the committee to pass this ordinance. Tom Shelley, 118 E. Court Street, supports the proposed ADU legislation, the green space requirement, and the tree ordinance that is being worked on. The county recently passed the ban of Styrofoam. The Governor will soon pass it. He encourages Council to pass this ban as well. He also encourages the City to ban the use of all plastics, i.e., plastic water bottles, food service carry out containers, etc. Steph Rutknowksik, as student, 218 Sheldon Court. Thanked the committee for all the work being done on the ADU changes. Student goals are the same as other members of the community. He also expressed support in the new Green New Deal initiatives. Sheryl Swink, 321 N. Albany Street, served on the Waterfront Committee . She stated the resolution and the letter regarding length don’t match. They should. She further commented on the proposed stepback recommendations. She doesn’t find that the 20 feet stepback that is specified from the Market and Newman Districts to be very generous. Response from Council: Alderperson Lewis pointed out that ADUs is for discussion only tonight. She recommended it be tabled until we receive further information, but it will be discussed tonight. We need more guidance and recommendations. 3) Special Presentation a) Cayuga Street Bridge Project The presentation will take place at the March 2020 meeting. 4) Announcements, Updates, Reports The deadline for the sustainability director has passed. More than 20 applications have been submitted. They will be reviewed this Friday. It is a real robust response for a City job. 5) Action Items (Voting to Send on to Council) a) Contingent Purchase Agreement – East Section of Green Street Urban Renewal Project Site Approved at the June 10, 2020 PEDC Meeting Nels Bohn, IURA Director, provided information on the contingent purchase agreement. Alderperson Lewis had some questions. She thanked Nels for all the work done on this project. Attorney Lavine further clarified that there are two things happening here. There is an agreement of the sale of the property and the n the building of the project. Each step will be voted on separately. Alderperson Brock asked for clarification as to parking. Will parking be two individual parking systems? Bohn stated that the parking will be handled by two different developers. Alderperson Brock further asked if the number of parking spaces will be equivalent to what is there now. She raised concern regarding the lack of redundancy of elevators so that all floors are handicapped accessible. She further asked about the lease agreement for the parking. Bohn stated it will be a flat fee payment each year for a 30-year agreement. Alderperson Brock asked what the debt service total is. Bohn answered $9.5 million. Alderperson Nguyen joined the meeting at 6:35 p.m . Chair Murtagh asked for clarification of the displacement of Sunny Days and Home Green Home. Will they be able to move back? Bohn stated that the IURA made it firm that any displacement will be remedied prior to any agreement. Proposed Ordinance ____- 2020 Planning & Economic Development Committee February 12, 2020 Contingent Purchase Agreement – East Section of Green Street Urban Renewal Project Site Moved by Alderperson Smith; seconded by Alderperson Lewis. Carried unanimously . WHEREAS, Ithaca Properties, LLC proposes to purchase an approximately 192’ x 119’ property at the eastern section of the Green Street parking garage site located at 120 East Green Street, Ithaca, NY (Premises) to undertake an urban renewal project, subject to Common Council approval, and WHEREAS, the Premises consists of air rights above a privately-owned ground floor commercial use and contains two elevated public parking decks constructed in 1974, and Approved at the June 10, 2020 PEDC Meeting WHEREAS, Ithaca Properties, LLC is the owner of a commercial buildin g located at 215 East State Street that extends immediately under and is thereby connected to the Premises, and WHEREAS, on June 27, 2019, the Ithaca Urban Renewal Agency (IURA) designated Ithaca Properties, LLC as a “qualified and eligible sponsor” to po tentially acquire the Premises to undertake an urban renewal project, and WHEREAS, on December 23, 2019, the IURA endorsed a definition for a proposed urban renewal project at the Premises that includes reconstruction of two public parking decks to be leased back to the City for operation, and WHEREAS, the Premises is encumbered by a 2014 purchase option held by Hotel Ithaca, LLC, the owners of the downtown Marriott Hotel, to acquire the Premises for $1 in the event the City of Ithaca proposes to decommission or convey the Premises, and WHEREAS, Hotel Ithaca, LLC has 12 months from the date of notice to exercise their option to acquire the Premises, and WHEREAS, a 2016 structural study of the Green Street parking garage conducted by Stantec revealed that significant structural deficiencies exist in the east section that will require a sizable capital investment to address, and WHEREAS, the Stantec study estimated the cost to the City to demolish the east section at more than $2,030,000 in 2019 dollars, and WHEREAS, a 2019 appraisal by Midland Appraisal Associates, Inc. concluded the market value of the Premises is $2,380,000, assuming a structural platform is in place to support construction of a building utilizing the 140 ft. zoning envelop, and WHEREAS, the existing structural system supporting the two parking decks does not support high-rise development, and WHEREAS, the negotiated purchase price of $350,000 represents a reasonable fair market value of the Premises after the avoided demolition cost is considered, and WHEREAS, on February 18, 2020, the Board of Public Works considered whether retention of ownership of the Premises is necessary for municipal purposes, and WHEREAS, the purchase agreement is contingent on City of Ithaca Common Council approval of an IURA-proposed disposition and development agreement with Ithaca Properties, LLC to implement an urban renewal project, and WHEREAS, the City Charter requires approval by three-fourths of the Common Council to authorize sale of real property; Approved at the June 10, 2020 PEDC Meeting WHEREAS, the City Charter further requires notice of a proposed sale to be published no less than once each week for three weeks, the first such notice being published no less than 30 days prior to the approval vote, and such notices have been published; now, therefore, BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Authorization for Disposition. a. City ownership of the above-described Premises is surplus for municipal purposes. b. The Common Council for the City of Ithaca hereby authorizes the contingent sale of approximately 22,800 square feet of air rights property located at the eastern section of the Green Street parking garage site (part of tax parcel #70.-4-5.2) to Ithaca Properties, LLC at a purchase price of $350,000. The closing of the sale is contingent upon Common Council approval of an Ithaca Urban Renewal Agency proposed disposition and development agreement to implement an urban renewal project. c. The Mayor, subject to advice of the City Attorney, is hereby authorized to execute a contingent purchase agreement substantially similar to the “Purchase Agreement, Eastern Section of Green Street Garage Urban Renewal Project Site” document, dated 2/7/20, to implement this resolution. Section 2. Effective Date. This ordinance shall take effect immediately. 6) Approval to Circulate a) Special Permits – Alderperson Smith; seconded by Alderperson Lewis. Carried unanimously. Alderperson Fleming would like to see something more similar to a PUD with additional language that specifies some kind of public benefit such as affordable housing must be a part of the project. She further stated the proposal offers two different sets of rules for multiple primaries and for ADUs. Chair Murtagh stated he sees them as very different types of development. A multiple primary is a new one-family house or duplex on a larger lot. An ADU is converting a small space in a house or garage into an apartment. To: Planning & Economic Development Committee From: Jennifer Kusznir, Senior Planner Date: February 6, 2020 RE: Proposed Amendments to Establish Criteria for Granting Special Permits for Multiple Primary Structures Approved at the June 10, 2020 PEDC Meeting The City is currently considering a proposal to establish guidelines for accessory dwelling units. The proposal includes a restriction for multiple primary structures to only be allowed by a special permit. In order to provide guidance to the Planning Board when determining whether or not to grant a special permit, staff is proposing the following amendments to the special permits sections of the City Code, sections 325-9 and 325-10. • Section 325-9B.(1)(a).Special Permits-Applicability • Replace (a) “Accessory Apartments” with “Multiple Primaries” • Section 325-9D(1)(b)- Special Permits-Permit Review Criteria, shall be amended as follows: • The Planning and Development Board shall deny a special permit where it finds that a proposed use would have a significant negative impact on traffic, parking, congestion, environment, property values, municipal services, character of the surrounding neighborhood, stormwater runoff, or if the use is not in line with the City Comprehensive Plan, including considerations of occupant load, night operation, and the use of chemical, biological, or radioactive agents expected in connection with the proposed activity, as well as failure to meet any additional conditions in Section 325-10. • Section 325-10C. Additional Conditions for Special Permits-(1.) “Accessory Apartments” be replaced in its entirety with the following: • Multiple Primary Structures. The following specific conditions shall be applicable to all special permits for multiple primary structures: (a) Additional primary structures should not result in a significant loss of green space. (b) Additional primary structures should not result in the removal of significant trees. (c) Property Owners applying for a special permit should have separate utilities for multiple primary structures. If you have any concerns or questions regarding any of this information, feel free to contact us at 274-6410. b) Waterfront Area and Stepback Requirement Approval to Circulate – Alderperson Smith moved to circulate; seconded by Alderperson Lewis. Carried unanimously. Alderperson Smith questioned whether the stepback requirement is necessary. He doesn’t think that there is any canyon effect. Approved at the June 10, 2020 PEDC Meeting Alderperson Lewis stated there are residents who live across the inlet that have stated their concerns. Alderperson McGonigal also served on the Waterfront Committee. The setbacks were closely focused on the narrow walkway in the inlet island area. He suggested keeping the step back along Inlet Island. If it needs tweaking, the building height could be reduced to a four-story maximum. PLANNING COMMITTEE: An Ordinance Amending the Municipal Code of the City Of Ithaca, Chapter 325, Entitled “Zoning” To Establish New Zoning for the Waterfront Area ORDINANCE NO. ____ BE IT NOW ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 325 of the City Code 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 definition: ROW HOUSE A residential structure composed of three or more attached modules with shared sidewalls, the facade of each module measuring no more than 25 feet in length. Modules within a row house may consist of a single dwelling unit or may contain multiple vertically stacked dwelling units. Each module must have one street-facing entry. Section 2. Chapter 325-45.2B, Definitions for Collegetown Districts, is hereby amended to remove the definition of “Row House”. Section 3. Section 325-8, District Regulations, is hereby amended to change the permitted primary uses in the Cherry, West End/Waterfront, the Market, and the Newman Districts in order to replace townhouse with row houses in each of these districts. Section 4. Section 325-8, District Regulations, is hereby amended to change the minimum front yard setback in the Cherry Street, West End/Waterfront, the Market, and the Newman Districts to only read 5’ minimum required front yard setback measured from the inside edge of the sidewalk. Section 5. Section 325-8C. Additional Restrictions in the West End/ Waterfront, the Cherry Street District, the Market District, and the Newman Districts, is hereby amended to add new subsections (5) and (6), to read as follows: Approved at the June 10, 2020 PEDC Meeting (5) Sidewalk and Tree Lawn Requirements. All new construction located in the Cherry Street, the West End/Waterfront, the Market, or the Newman Districts must provide a 8’ tree lawn and 5’ sidewalk along the street frontage of the property. The Planning Board may amend this requirement based on site conditions. (6) Maximum Building Length. All new structures located within the Cherry Street District and the West End/Waterfront District shall be constructed to be no more than 100’ in length. Exceptions to maximum building length may be granted by the Planning Board. Section 6. Section 325-8C.(3), “Stepback Requirements” is hereby amended to remove the stepback requirements in the Newman and Market Districts. Section 7. 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 8. 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 9. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. 7) Discussion a) Accessory Dwelling Units Chair Murtagh’s voiced his concerns are with short-term rentals. Director Cornish stated that short-term rentals are difficult legislation. Alderperson McGonigal stated that in Watkins Glen they’re facing extreme problems with young people not finding a place to rent or buy because it’s bought up quickly by developers who rent it by the week. That may happen to Ithaca. Alderperson Brock’s concern is with storm water runoff. Too many a dditional dwellings are the cause of more storm water runoff. Director Cornish stated that South Hill has a serious problem with storm water because of its geology and topography. Approved at the June 10, 2020 PEDC Meeting Planner Phillips stated that short-term rentals are subject to three-year inspections. Alderperson Lewis stated that the Bell Sherman neighborhood is very similar to South Hill. Alderperson Fleming stated her concern of having two separate rules for the very same thing in different neighborhoods. Chair Murtagh asked whether we should send this on before short-term rentals legislation is enforced. He further stated that there are so many AirBnBs in the City which aren’t regulated. Should we tackle short-term rentals first? He asked how long it will take to set up the regulations. Director Cornish stated that it won’t be easy. The Town of Ithaca and Cayuga Heights have just passed short-term rental legislation. The City should review their legislation. Alderperson Smith stated the majority of the committee agrees that owner occupancy should be a requirement for short-term rentals and ADUs. Director Cornish stated it was suggested that this should be reviewed by the Committee of the Whole. There is a possible February date. To: Planning and Economic Development Committee From: Jennifer Kusznir, Senior Planner Alexander Phillips, Planner Date: December 6, 2019 Re: Establishment of Regulations for Accessory Dwelling Units (ADUs) The purpose of this memo is to provide information on a proposal to e stablish regulations for developing ADUs in the R-1 and R-2 zoning districts. This proposal was last discussed at the February Common Council meeting. At that meeting the Common Council discussed the following: • Council voted to amend the proposed ordinance to include a whereas statement that explains that the South hill Overlay District will remain in place until after a South Hill neighborhood can be completed. The enclosed draft ordinance reflects this change. • The proposed Council discussed an option to include a maximum size for attached accessory dwelling units (AADU). The draft that was presented to Council stated that AADU that do not change the exterior of the house do not have a maximum size. Approved at the June 10, 2020 PEDC Meeting However, several council members Council requested that a maximum size of 40% of the primary structure be added. • Council also discussed the possibility of developing incentive zoning to encourage owner occupancy. In order to encourage owner occupancy the City could waive some of the ADU requirements in owner occupied properties, such as allowing multiple primaries as of right without a special permit, removing the size cap for AADUs, or eliminating the contiguous green space requirement. If you have any concerns or questions regarding any of this information, feel free to contact us at 274-6410. PLANNING COMMITTEE: An Ordinance Amending the Municipal Code of the City Of Ithaca, Chapter 325, Entitled “Zoning” In Order to Establish Regulations for the Development of Accessory Dwelling Units ORDINANCE NO. ____ 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 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 (ADUs), 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 (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 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 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 Approved at the June 10, 2020 PEDC Meeting means to protect neighborhoods from the negative impacts of over development, and 8. WHEREAS, this ordinance does not repeal the South Hill Overlay District, which shall remain in place until the South Hill Plan is completed, 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 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. Approved at the June 10, 2020 PEDC Meeting (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. (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, the Planning Board may grant multiple primary structures by special permit. (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 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 Approved at the June 10, 2020 PEDC Meeting [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 35% contiguous green space. . (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 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 75% 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 33.3% 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 Approved at the June 10, 2020 PEDC Meeting 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. a) 2020 Planning Department Work Program Director Cornish asked that the work program be reviewed and let staff know which neighborhood plan to work on next. 8) Review and Approval of Minutes a) December 2019 – minutes were not ready to be acted on 9) Adjournment Moved by Alderperson Smith; seconded by Alderperson Lewis. Carried unanimously. The meeting was adjourned at 8:50 p.m.