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HomeMy WebLinkAboutMN-PLED-2014-04-09Minutes Approved at August 13, 2014 P&EDC Meeting City of Ithaca Planning & Economic Development Committee Wednesday, April 9, 2014 – 6:00 p.m. Common Council Chambers, City Hall, 108 East Green Street Minutes Committee Members Attending: Joseph (Seph) Murtagh, Chair; Graham Kerslick, Cynthia Brock, and Josephine Martell Committee Members Absent: Mayor Svante Myrick Other Elected Officials Attending: Alderpersons Fleming and Smith Staff Attending: JoAnn Cornish, Director, Department of Planning, Building, and Development; Phyllis Radke, Director of Zoning Administration; Nels Bohn, Director, Ithaca Urban Renewal Agency (IURA); and Debbie Grunder, Executive Assistant, Department of Planning and Development Others Attending: C.J. Randall and Nick Goldsmith Chair Seph Murtagh called the meeting to order at 6:00 p.m. 1. Call to Order/Agenda Review Item #6d will not be discussed tonight. It will be discussed at the May 14, 2014 meeting. 2. Special Order of Business a) Public Hearing – Elimination of Transition Regulations Alderperson McCollister moved to open the public hearing; seconded by Alderperson Kerslick. Motion passed unanimously. There was no one from the public to speak on this topic. Alderperson McCollister moved to close the public hearing; seconded by Alderperson Kerslick. Motion passed unanimously. b) Special Presentation – Unified Solar Ordinance C.J. Randall, Planning and Development Board Member, and Nick Goldsmith, Energy Sustainability Coordinator brought this forward. They distributed and reviewed the NYSERDA Unified Solar Permit Application process and the benefits of such a program. Although this is a good program, it won’t be needed as the City already has a similar and much simpler process spelled out in its own City Code. 3. Public Comment and Response from Committee Members Minutes Approved at August 13, 2014 P&EDC Meeting Bill Demo, 121 Heights Court, spoke regarding Cornell Heights and quoted the City Code regarding historic districts. He spoke in opposition of the Cornell Heights Rezoning Proposal. In addition, he provided a hard copy of his comments which have been added into record and provided along with these minutes. He is against the application for high- density student housing on Highland and Ridgewood Road. He suggests a moratorium on such developments in historic districts. If these are permanent residents instead of student housing he wouldn’t be here tonight. Sarah Demo, 121 Heights Court, is opposed to the new student housing development being proposed for the Cornell Heights area. Nearly four years ago they moved to the historic district. She stated that living in an historic district, certain changes to the property have to be approved by the Ithaca Landmarks Preservation Commission. A future sale of their property will be a lot less if the two student housing projects are approved and developed. She strongly urges the City to put a moratorium in place on any further student housing projects in historic districts. She also provided a hard copy of her comments which are provided along with these minutes. Walter Hang, 218 Wait Avenue, spoke against any Cornell Heights redevelopment. He provided a very detailed analysis and maps with a total of 979 signatures supporting his statement. His detailed analysis is provided with these minutes. Alex Susskind, 102 Triphammer Road, spoke against the Cornell Heights development. He echoes the previous speakers who spoke before him. He and his wife bought a house in this historic district and totally renovated it. It was used as tenant housing for ten years and fell to ill repair. Kim Weedon, 202 Fall Creek Drive, spoke against the Ridgewood Road project. There is a huge traffic and parking issue already. It is the fastest way for the police and fire to get to Cornell Heights. The increase in the substantial amount of individuals needs to be reassessed. Beautiful historic homes have been forced to turn to tenant housing. Keily Sturman, 110 Westbourne Lane, spoke against any Cornell Heights Zoning and Development changes to the Cornell Heights area. There is no comprehensive plan. Development should not be allowed without a solid comprehensive plan. Norman Turkolt, 302 Fall Creek Drive, reiterated previous speakers. The City is reverting to years ago practices. This area is not the area for students. There’s no grocery store. No parking. No restaurants. The City must consider why this neighborhood was made into an historic district before changing it. Mike Decatur, 125 Heights Court, also agrees with the others who have spoke on the Cornell Heights area development. The current problems have been generated over time. The beauty of the neighborhood should be considered and restored. He asked what the City is thinking of doing. A moratorium is needed. We need to set up a dialogue. We need to be able to pause and reevaluate this area. Max Weisbrod, 207 Fall Creek Drive, a Cornell student who rides the TCAT bus. He reaffirms that this area is not a student-housing location. It should remain a residential historical area. Chair Murtagh stated that the committee doesn’t generally engage in back and forth dialogue during these meetings, but we are more than willing to meet the residents of this area at a later date to discuss their concerns. Minutes Approved at August 13, 2014 P&EDC Meeting Alderperson McCollister stated she has lived for 30 years in the Bryant Park Area that butts up to Collegetown. She is very familiar with the neighborhood concerns voiced here tonight. She further stated she will need time to review Walter Hang’s statement. Alderperson Kerslick commented representing Collegetown and living in Collegetown I know some of the challenges particularly with blocked driveways and having to fault people. He responded to Kelly Sturman’s comment stating that he doesn’t know where you got the phrase “blow back” because I certainly don’t feel that my colleagues on the committee nor myself respond to “blow back” very well. We are aware of the legitimate concerns of the neighborhood and as Ellen mentioned, we would have to look through in much more detail to try to find some kind of better pause in terms of this area. There are definitely inconsistencies between historic districts and zoning. We have addressed those in other areas of the City. As Ellen mentioned, she and I were on the Collegetown Working Group. It took a very long time to come up with a plan that hopefully will address some of the issues in that neighborhood. Hopefully we will see some good development there as a result of that. Alderperson Brock asked if our discussion to take place on Cornell Heights be moved up on the agenda since many of the people in the audience are here for the discussion in regard to this area. The Committee agreed to this. Chair Murtagh explained to the group that our thinking is of the changes in zoning. We had heard the concerns of the neighborhood so it was looked at further. One proposal was to decrease the height in this area RU zoning four stories to three stories. That would provide a little bit more protection in that neighborhood. There was a consensus of the committee for that. He further stated that tonight he was going to propose 1) do we want to move forward with that making those amendments to the RU zoning, and 2) there’s the question of the moratorium which has come up. He agrees with both Alderpersons McCollister and Kerslick that we need to look at that and study it further. He proposed that the committee visit the Cornell Heights neighborhood and do a site visit tour. 4. Announcements, Updates, and Reports A public meeting will be held on April 10, 2014 at Cinemapolis regarding the Chain Works Project (formerly the Emerson site). Noise Ordinance – the Consultant has provided a working draft which is being reviewed by relevant City staff and brought back to this committee in May 2014 for approval to circulate. 5. Action Items – Voting to Send on to Council a) Elimination of Transition Regulations An Ordinance Amending the Municipal Code of the City Of Ithaca, Chapter 325, Entitled “Zoning” To Remove §325-19A Transition Regulations, Lots in Two Districts – Declaration of Lead Agency for Environmental Review Moved by Alderperson Brock; seconded by Alderperson McCollister. Passed 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 Minutes Approved at August 13, 2014 P&EDC Meeting 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 an “Unlisted” Action pursuant to the City Environmental Quality Review (CEQR) Ordinance, which requires environmental review under CEQR; now, therefore, be it RESOLVED, that the Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the adoption of an ordinance to amend the Municipal Code of the City of Ithaca, Chapter 325, Entitled “Zoning” to remove §325-19A Transition Regulations, Lots in Two Districts. An Ordinance Amending the Municipal Code of the City of Ithaca, Chapter 325, Entitled “Zoning” to Remove §325-19A Transition Regulations, Lots in Two Districts – Determination of Environmental Significance Moved by Alderperson Brock; seconded by Alderperson McCollister. Passed unanimously. WHEREAS, the City of Ithaca is considering an amendment to Chapter 325 of the Municipal Code in order to remove §325-19A, Transition Regulations, Lots in Two Districts, and WHEREAS, appropriate environmental review has been conducted including the preparation of a Short Environmental Assessment Form (SEAF), dated February 24, 2014, and WHEREAS, the zoning amendment has been reviewed by the Tompkins County Planning Department Pursuant to §239-l–m of the New York State General Municipal Law, which requires that all actions within 500 feet of a county or state facility, including county and state highways, be reviewed by the County Planning Department, and has also been reviewed by the City of Ithaca Conservation Advisory Council and the City of Ithaca Planning and Development Board, and WHEREAS, the proposed action is an “Unlisted” Action under the City Environmental Quality Review Ordinance, and WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has reviewed the SEAF prepared by planning staff; now, therefore, be it RESOLVED, that this Common Council, as lead agency in this matter, hereby adopts as its own the findings and conclusions more fully set forth in the Short Environmental Assessment Form, dated February 24, 2014, 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. Minutes Approved at August 13, 2014 P&EDC Meeting Moved by Alderperson Kerslick; seconded by Alderperson McCollister. Passed Unanimously. Minutes Approved at August 13, 2014 P&EDC Meeting Minutes Approved at August 13, 2014 P&EDC Meeting b) Ordinance Regarding the Termination of Covenants Applicable to 222 South Cayuga Street ORDINANCE __-2014 An Ordinance Regarding the Termination of Covenants Applicable to 222 S. Cayuga St Moved by Alderperson Kerslick; seconded by Alderperson McCollister. Passed unanimously. WHEREAS, on June 1, 1983, Common Council passed an Ordinance modifying the zoning district applicable to the property commonly known as 222 South Cayuga St. (the “Property”), on which a Holiday Inn Hotel is presently located; and WHEREAS, the re-zoning of the Property was contingent on the then-owners entering into a Declaration of Covenants (the “Declaration”) that restricted development on terms agreeable to the City, and such Declaration was recorded in the Tompkins County Clerk’s Office in Liber 595 of Deeds at Page 348; WHEREAS, a potential lender to the present owner of the Property, Lenroc, L.P. (“Lenroc”), requested that Lenroc review the restrictions and covenants as contained in the Declaration to determine whether the same are applicable in light of the passage of time and changed circumstances, in an effort to streamline and simplify the title to the Property; and WHEREAS, City staff and Lenroc agree that the restrictions and covenants contained in the Declaration are no longer applicable or the requirements imposed therein are imposed by other codes and ordinances to which the Property is subject; in particular, the requirements dealing with the size and dimensions for any construction and procedures to follow for obtaining requisite municipal consent for any construction which may have been initially satisfied are now outdated and imposed by other applicable city codes and ordinances; and provisions for the rental of parking spaces in an adjacent municipal parking lot are no longer applicable in that the surface lot has been replaced by a parking ramp to which patrons of the hotel have had access; and WHEREAS, the City will not incur any costs in terminating the restrictions contained in the Declaration; now therefore BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Findings of Fact. The Common Council finds that the restrictions contained in the Declaration are either no longer applicable or are imposed on the Property by other codes and/or ordinances, and the City’s interests thus no longer require the application of the restrictions in the Declaration to the Property. Section 2. Authorization for Mayor to Sign. The Common Council hereby authorizes the Mayor, upon the advice of the City Attorney, to execute all documents necessary to terminate the restrictions contained in the Declaration. Section 3. Effective Date. This ordinance shall take effect immediately. 6. Actions Items – Approval to Circulate a) Establishment of New Waterfront District Chair Murtagh stated that this has been discussed before. The Committee discussed the proposal to expand the waterfront zoning districts around the time that the Community Gardens lease was discussed. The purpose of this rezoning would be to encourage denser mixed use development along the waterfront and extending out to Route 13. This land is currently zoned industrial. Given the limited areas in the City that allow industrial uses, it is important to retain areas where some industrial uses that do not heavily impact Minutes Approved at August 13, 2014 P&EDC Meeting surrounding areas are possible. This would extend the waterfront zone by creating a new WF-3 zone. This zone would have all of the same area restrictions as the WF-2 zone. However, it would also allow for light industrial uses. Light industrial is not currently a defined use in our code. The draft ordinance contains a definition for light industrial listed that would require all of the processing, fabricating, or assembly to take place within an enclosed building, and would also restrict any external effects of the manufacturing process from impacting surrounding properties. The committee could not reach consensus on this proposal, and so it was not circulated for review. Some committee members wished to preserve space for industrial uses, and there was concern about quality of life impacts should residential housing be built in these areas. Planning Director JoAnn Cornish said staff would continue to think of ideas for this part of the City. ORDINANCE NO. AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF ITHACA, CHAPTER 325, ENTITLED “ZONING” TO AMEND THE WATERFRONT ZONING DISTRICT. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 325, be amended as follows: Section 1. Declaration of Legislative Findings and Purpose The Common Council would like to establish a third waterfront district (WF-3) that will have all of the space requirements associated with the WF-2 district, however, will allow for a greater mix of primary uses. Specifically, the WF-3 is expected to do the following: 1. Expand the waterfront district and encourage dense mixed-use multi- story development along the waterfront area. 2. Encourage development that incorporates a variety of uses, including light industrial uses that do not have large environmental impacts on surrounding commercial or residential uses. Section 2. Chapter 325, Section 325-3, entitled Definitions and Word Usage”, is hereby amended to add the following definition of Light Industrial Use:: Light Industrial Use - Light industrial uses are defined as having all processing, fabricating, assembly, or disassembly of items taking place wholly within an enclosed building. Industries locating in this district are characterized as being lower in intensity, cleaner, and generally more compatible when located adjacent to commercial areas than are heavy manufacturing uses. Light industrial uses will comply with provisions set forth in section 325-23 of this code, General Standards Applying to all Minutes Approved at August 13, 2014 P&EDC Meeting Land Uses, and will not generate unreasonable noise, as defined by section 240-4, Unreasonable Noise Prohibited, or excessive levels of particulate matter, vibration, smoke, dust, gas, fumes, odors, radiation and other nuisance characteristics and should be capable of operation in such a manner as to control the external effects of the manufacturing process. Typical items for processing, fabricating, assembly, or disassembly under this use include but are not limited to apparel, food, drapes, clothing accessories, bedspreads, decorations, artificial plants, jewelry, instruments, computers, and electronic devices. Section 3. Chapter 325, Section 325-4 of the Municipal Code of the City of Ithaca, entitled Establishment of Districts, is hereby amended to add the WF-2 and the WF-3 districts. In addition corrections have been made in order to accurately list all of the existing zones in the City, in the order that they appear on the Official City District Regulations Chart, and should read as follows: For the purposes specified in Article I of this chapter, the City is hereby divided into the following districts: R-1a Residential R-1b Residential R-2a Residential R-2b Residential R-2c Residential R-3a Residential R-3aa Residential R-3b Residential R-U Residential B-1a Restricted Business B-1b Restricted Business B-2a General Business B-2b General Business B-2c General Business B-2d General Business B-4 Service Business B-5 Service Business CBD Central Business CBD-50 Central Business CBD-60 Central Business CBD-85 Central Business CBD-100 Central Business CBD-120 Central Business CBD-140 Central Business Minutes Approved at August 13, 2014 P&EDC Meeting C-SU Courthouse Special Use I-1 Industrial M-1 Marine Commercial P-1 Public and Institutional U-1 University MH-1 Residential-Mobile Home WEDZ-1a West End Development WEDZ-1b West End Development SW-1 Southwest SW-2 Southwest SW-3 Southwest C-SU Courthouse Special Use U-1 WF-1 Waterfront WF-2 Waterfront WF-3 Waterfront WEDZ-1 West End Development GPOZ Gorge Protection Overlay Zone Historic Districts CPOZ Collegetown Parking Overlay Zone SW-1 Southwest Adult Uses Section 4. Chapter 325, Section 325-8 of the Municipal Code of the City of Ithaca, entitled District Regulations, is amended to update the District Regulations Chart and establish the WF-3 district as follows: Permitted Primary Uses 1. Any use permitted in B-2 except establishments where food or beverages are intended to be served or consumed by persons in automobiles. 2. Recreational or cultural facility such as a park, playground, art museum, fishing pier or yacht club. 3. Public Recreation. 4. Boatel. 5. Sale, rental, repair or storage of marine related recreation equipment such as boats, marine engines, sails, cabin equipment. 6. Light manufacture of marine recreation related products involving substantial hand fabrication such as sails, boat hulls, cabin fittings. By Special Permit of the Board of Appeals 7. Parking Lot 8. Parking Garage Minutes Approved at August 13, 2014 P&EDC Meeting 9. Light Industrial Uses Permitted Accessory Uses - Same as WF-2 Off-Street Parking Requirements – None Off-Street Loading Requirements – None Minimum Lot Size - Area in Square Feet – same as WF-2 Minimum lot width at street line – same as WF-2 Maximum Building Heights: Maximum Percent Lot Coverage Front Yard Setback Side Yard Setbacks Rear Yard Setbacks Minimum Building Height Section 5. Chapter 325, Section 325-9C.(4)(i) of the Municipal Code of the City of Ithaca, is hereby amended to read as follows: “Parking in the Waterfront Zone. Parking areas will be permitted as a primary use in the Waterfront Zone WF-1, WF-2, and the WF-3 districts by special permit and only if they are open to the public or if they are intended to serve the needs of multiple businesses.” Section 6. Chapter 325, Section 325-16E. of the Municipal Code of the City of Ithaca, is hereby amended to add the WF-3 and to delete subsections 325-16E. (2),(3)and(4), which refer to zones that no longer exist and to renumber subsequent sections accordingly, and should read as follows: “Notwithstanding anything to the contrary contained herein, in the WF-1, WF-2, and the WF-3 Districts: (1) All buildings erected in the WF-1, WF-2, and WF-3 zoning districts shall have a maximum building height of 63 feet with a minimum of 12 feet and a maximum of 15 for the first story measured from finished grade, and a minimum of 10 feet and a maximum of 12 feet for each additional story measured from floor to floor, with an additional five feet for cornice. All new construction is subject to a mandatory design review process. (Refer to Code of the City of Ithaca, Chapter 325, Zoning, § 325-3, Definitions and word usage, Subsection B, definition of "height of building.") [Amended 11-7-2012 by Ord. No. 2012-15] (2) No building shall be erected that is greater than one-story tall in any of the areas designated "WF-1b" on the Official City of Ithaca Zoning Map, a copy of which is on file in the Ithaca City Clerk's office. (3) No building shall be erected that is less than two stories or greater than three stories for at least 75% of the building area, in any of the areas designated "WF-1c" on the Official City of Ithaca Zoning Map, a copy of which is on file in the Ithaca City Clerk's office. Minutes Approved at August 13, 2014 P&EDC Meeting (4) No building shall be erected that is less than three stories or greater than five stories for at least 75% of the building area in any of the areas designated "WF-1d" on the Official City of Ithaca Zoning Map, a copy of which is on file in the Ithaca City Clerk's office. (52) The restrictions contained in this section shall not apply to buildings less than 15 feet (maximum) in height, which are intended, designed and maintained as amenities for adjacent trails, such as gazebos and restrooms. (63) The restrictions contained in this section shall not apply to existing buildings within the designated areas. Such existing buildings may be maintained and repaired, provided their height and footprint are not altered so as to make the buildings noncompliant with the restrictions of this subsection. Section 7. Chapter 325, Section 325-20 of the Municipal Code of the City of Ithaca entitled “Off-Street Parking” is hereby amended to add the WF-3 District to Section 325-20D.(3)(a) to read as follows: “(1) Notwithstanding anything contained herein to the contrary, there are no requirements as to the minimum number of off-street parking spaces in the following zoning districts: WEDZ-1a, CBD-60, CBD-85, CBD-100, CBD- 120, B-1b, and B-2c, WF-1 ,WF-2, and WF-3.” Section 8. The City Planning and Development Board, the City Clerk and the Planning Department shall amend the zoning map and the district regulations chart in accordance with the amendments made herewith. Section 9. Effective date. This ordinance shall take affect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. b) Accessory Parking The committee heard from Director of Zoning Administration Phyllis Radke about a proposal to amend the city’s regulations about parking as an accessory use. Radke explained that Planning board members were concerned when they learned that our zoning ordinance allows a property owner to develop a parcel of land solely for customer parking as an accessory use, when the primary use is on another lot and in a different zone. Radke asked the committee’s permission to work on some amendments to fix this problem, and the committee agreed that it was worthwhile that she should do so. c) City Prohibition on Outdoor Wood-Burning Furnaces Moved by Alderperson Brock; seconded by Alderperson Martell; carried unanimously. Minutes Approved at August 13, 2014 P&EDC Meeting An Ordinance to Amend The City of Ithaca Municipal Code Chapter 178 In Order to Impose a Total Ban of Outdoor Wood-Burning Furnaces Within the City WHEREAS, the Common Council finds that outdoor wood-burning furnaces can provide an alternative to conventional heating systems, generating hot water heat through the use of onsite wood fires rather than coal or gas, and WHEREAS, the Common Council also finds that smoke from these outdoor furnaces often contains unhealthy levels of particulate matter, dioxins, carbon monoxide, nitrogen dioxide, sulfur dioxide, hydrochloric acid, formaldehyde, and other toxic pollutants, and WHEREAS, the Common Council finds that exposure to smoke from these furnaces can cause adverse effects to respiratory and cardiovascular systems and exacerbate existing asthmatic sensitivity and lung illness, especially among children and the elderly, and WHEREAS, the Common Council finds that outdoor furnaces are intended to burn only natural wood, but homeowners sometimes add other materials, which when burned can produce toxic air pollutants, and WHEREAS, the Common Council has determined that the most effective way to ensure the health, safety, and general welfare of the citizens of the City in this instance is to prevent the construction and operation of outdoor wood-burning furnaces, therefore BE IT ORDAINED AND ENACTED by the Common Council as follows: Section 1. Chapter 178-2, entitled “Definitions,” of the City of Ithaca Code, is hereby amended to include an additional definition: “Outdoor Wood-Burning Furnace: an exterior device or structure, designed or intended, through the burning of wood, for the purpose of heating the principal structure, or any other structure on the premises.” Section 2. Chapter 178-4, entitled “Standards for exterior structures,” of the City Code is hereby amended through the addition of a new subsection E, to be read as follows: “E. No outdoor wood-burning burning furnace be installed, constructed, maintained or operated on the exterior property of premises within the City.” Section 3. Severability. Severability is intended throughout and within the provisions of this ordinance. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portion. Section 4. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notice as provided in the Ithaca City Charter. Minutes Approved at August 13, 2014 P&EDC Meeting 7. Review and Approval of Minutes a) January 2014 With Alderperson Brock’s suggested revisions, Alderperson McCollister moved to approve the minutes; seconded by Alderperson Brock. Passed unanimously. 8. Adjournment Moved by Alderperson Martell; seconded by Chair Murtagh. The meeting was adjourned at 8:30 p.m.