HomeMy WebLinkAbout03-09-16 Planning & Economic Development Meeting AgendaPEDC Meeting
Planning and Economic Development Committee
Ithaca Common Council
DATE: March 9th, 2016
TIME: 6pm
LOCATION: 3rd floor
City Hall Council Chambers
AGENDA ITEMS
Item Voting
Item?
Presenter(s) Time
Start
1) Call to Order/Agenda Review
2) Public Comment and Response from
Committee Members
3) Special Order of Business
a) Presentation: Chain Works Planned Unit
Development Zone
4) Announcements, Updates, Reports
a) IURA Consolidated Plan
5) Action Items (Voting to send on to Council)
a) Brindley Street Bridge Replacement: Lead
Agency Decision
b) Six‐Mile Creek Watershed Conservation
Easement
c) Proposed Small Revisions to PUD
Ordinance – sent under separate cover
6) Action items (Voting to Circulate)
a) (TM)PUD Application: Cherry Street Arts
Space
b) Incentive Zoning for Affordable Housing
c) Waterfowl Ordinance
7) Discussion
a) Community Investment Incentive Tax
Abatement Program (CIITAP) – next steps
b) Backyard Chickens
8) Review and Approval of Minutes
a) February 2016
9) Adjournment
No
No
No
No
Yes
Yes
Yes
Yes
Yes
Yes
No
No
Yes
Yes
Seph Murtagh, Chair
Lisa Nicholas, Planning Staff
Lynn Truame, IURA
Addisu Gebre, Bridge Engineer
Ari Lavine, City Attorney
JoAnn Cornish, Planning Director
Lisa Nicholas, Planning Staff
Lynn Truame, IURA
Josephine Martell, Common Council
Nels Bohn, IURA
Josephine Martell, Common Council
6:00
6:05
6:15
6:40
6:45
7:00
7:20
7:30
7:40
8:10
8:30
8:50
9:00
9:05
If you have a disability and require accommodations in order to fully participate, please contact the City Clerk at 274‐6570 by
12:00 noon on Tuesday, March 8th 2016.
Chain Works District Design Standards - 1
Applicant’s Note: The following draft Design Standards as well as the Planned Unit Development (PUD) and Planned
Development Zone (PDZ) Regulations are offered as part of the Draft Generic Environmental Impact Statement (DGEIS) for
adequacy and proposed by the Applicant to be considered by the City Common Council and Town Board when establishing
the PUD and PDZ to create the Chain Works District. The Design Standards, PUD and PDZ are to deemed DRAFT and
subject to revision under reviews by the City Common Council and Town Board, respectively.
Draft
Chain Works District Form and Use Regulations
SCHEDULE B: DESIGN STANDARDS
Town of Ithaca Planned Development Zone No. XX
City of Ithaca Planned Unit Development Zone No. 1
Draft Revision: February 29, 2016
2
This Page Left Intentionally Blank
Contents
A - Introduction 4
B - Applicability 4
C - Design Review and Approval Required 4
D - Definitions 5
E - Sub Areas 10
1 – Natural Area / CW1 10
2 – Neighborhood General Area / CW2 12
3 – Neighborhood Central Area / CW3 11
4 – Manufacturing Area / CW4 11
F - Parking 12
G - Public Lighting 13
H - Thoroughfare Assemblies 15
I - Signage 23
J - Building Precedents 27
4
TO WATERLOO
(42 MILES)
CAYUGA
LAKE UV34 UV34 UV VILLAGE OF
CAYUGA HEIGHTS
930F
V13
TO AUBURN
(37 MILES) TO CORTLAND
(32 MILES) UV 96 UV89 UV79 UV 13
TO WATKINS GLEN
(24 MILES) CORNELL
UNIVERSITY UV366
TOWN OF
DRYDEN
UV96B
UV96B UV79
UV13A
UV13
CHAIN WORKS
DISTRICT
ITHACA
COLLEGE
TO WHITNEY POINT
(32 MILES)
TO HORSEHEADS
(28 MILES) TO WAVERLY
(36 MILES)
PROJECT LOCATION:
CITY/TOWN OF ITHACA
TOMPKINS COUNTY
NEW YORK
A - Introduction
The following establishes the form and use regulations for the Chain Works District. “Figure 2 Chain Works District
Location Map” on page 4 depicts the Chain Works District boundary and its location within the Town and City of
Ithaca.
The purpose of this document is to describe design standards intended to create a vibrant and walkable mixed-use
district in a way that respects and enhances the form and character of the industrial heritage of this place.
Figure 2 Chain Works District Location Map
B - Applicability
a) No Building or part thereof within the Chain Works District shall be erected, moved, or altered on its exterior
unless in conformity with the regulations herein.
b) In the event that provisions of the Chain Works District Form and Use Regulations conflict with other sections
of the City Municipal Code or the Town Municipal Code, the Chain Works District Form and Use Regulations
shall prevail.
c) In cases of nonconforming uses, buildings, and lots, refer to Chapter 325 Zoning, Article VI for the City and
Chapter 270, Article XXV of the Town.
C - Design Review and Approval Required
No building permit shall be issued or structure or Building shall be erected, and no Building or structure shall be
enlarged or extended until site plan approval has been obtained. Site plan approval including the design review process
set forth in the appropriate municipal code where the work is being proposed is required in the following situations:
a) all new construction of Buildings or site infrastructure
b) renovation and/or rehabilitation of existing Buildings involving a change of use including initial conversion from
vacant industrial uses
c) use changes not reflected in the Conceptual Site Layout Plan
Chain Works District Design Standards - 5
Design review and site plan approval does not apply to interior work not visible from the Public Way, exterior paint
colors, changes to existing windows or doors, or the addition of windows or doors to existing buildings in a pattern
consistent with the existing windows and doors when deemed appropriate by the Director of Planning.
D - Definitions
The definitions of City of Ithaca Zoning Chapter §325-3 shall control in the portions of land lying within the City of
Ithaca, except where a definition is provided below.
The definitions of Town of Ithaca Zoning Chapter §270-5 shall control in the portions of land lying within the Town of
Ithaca, except where a definition is provided below or otherwise specified herein.
(1) Arcade
A private Frontage conventional for retail use wherein the Facade is a colonnade supporting habitable space that
overlaps the Sidewalk, while the Facade at Sidewalk level remains at the Frontage Line.
(2) Blank Wall
Length of Blank Wall area means a portion of the exterior Facade of the building that does not include: windows or
doors; columns or pilasters; other articulation greater than 12 inches in depth; or a substantial material change to the
Facade (paint color is not considered a substantial change).
Maximum length of Blank Wall applies in both a vertical and horizontal direction on street-facing Facades. The shortest
dimension of any rectangular area of Blank Wall shall not exceed the maximum length as indicated for each Sub Area.
(3) Buffer
An area of natural or maintained plantings and without primary Buildings, except as described below:
a) Accessory Buildings
b) Thoroughfares
(4) Building
A structure having a roof supported by columns or by walls and intended for shelter, housing, protection or enclosure
of persons, animals or property including porches and open air pavilions.
(5) Building Height
Building Height is regulated using number of Building Stories.
(6) Building Story
The vertical distance from top to top of two successive finished floor surfaces; and, for the topmost story, from the top
of the floor finish to the top of the ceiling joists or, where there is not a ceiling, to the top of the roof rafters.
Blank Wall
Blank
Wall
Blank Wall
6
(7) Building Projections
No part of any building shall encroach into any Setback, except as described below:
a) Overhanging eaves and bay windows may project up to 2 feet into any required Setback
b) Awnings and balconies may extend up to 5 feet into any required Setback provided that such extension is at
least 2 feet from the vertical plane of any edge of vehicular street.
c) Arcades may overlap Sidewalks.
(8) Design Speed
The velocity at which a Thoroughfare tends to be driven without the constraints of signage or enforcement. There are
four ranges of speed: Very Low: (below 20 MPH); Low: (20-25 MPH); Moderate: (25-35 MPH); High: (above 35 MPH).
Lane width is determined by desired Design Speed.
(9) Entry Door
A public door or entry providing both ingress and egress, operable to residents or customers, is required to meet the
street-facing entrance requirements. Additional entrances off another street, pedestrian area, parking area, or internal
parking area are permitted. The street-facing entrance spacing requirements must be met for each building.
(10) Facade
The exterior wall of a building that is set along a Frontage Line.
(11) Facade Length
A measurement of the distance along an uninterrupted Facade without any changes in direction greater than 2 feet
deep by 8 feet wide running continuously from the ground plane through the roof.
(12) Frontage
The area between a building Facade and the Thoroughfare, inclusive of its built and vegetated components.
(13) Frontage Line
An imaginary line bordering a public Thoroughfare. Facades facing Frontage Lines are visible from the Public Way and
are therefore more regulated than the Facades facing other directions.
(14) Front Porches
If used:
a Front Porch must be a minimum of 6 feet deep, not including steps.
a Front Porch must cover at least 25% of the street-level story facade width of the unit that it serves.
a Front Porch must be roofed and edged by balustrades (railings) or low walls, and posts that extend up to the roof. The
entire front porch must be of open air construction with all exterior faces being at least 50% open.
Chain Works District Design Standards - 7
(15) Front Stoops
6’
min
If used, a Front Stoop shall be a maximum of 6 feet deep, not including steps, and a maximum of 8 feet wide.
A Front Stoop may be roofed but not enclosed.
6’
max
5’
max
(16) Glazing
When required, Glazing is the minimum percentage of transparent windows and doors that must cover a street-level
story’s street-facing Facade.
(a) Glazing is considered transparent where it has a transparency higher than 80% and external reflectance of
less than 15%.
(b) Glazing is measured between 2 and 12 feet above the abutting sidewalk.
12’
2’
(17) Liner Building
A building specifically designed to mask a Parking Space, a Parking Lot or a Parking Structure from a Frontage.
(18) Mixed-Use
Multiple uses within the same building through superimposition or adjacency, or in multiple buildings by adjacency.
Min 33%
Gl
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a
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8
(19) Open Space
Land intended to remain undeveloped; it includes hardscapes within a Public Way such as Plazas and includes park
pavilions or maintenance sheds.
(20) Parking Area
Resident, employee, customer and/or public parking: all or part of a lot or structure devoted to the parking of motor
vehicles for occupants of or visitors to adjoining or nearby buildings.
(21) Parking Setback
A line which extends vertically and parallel to the street, in front of which parking on the site is not allowed.
All surface parking areas shall be located behind the parking setback line the distance indicated in each Sub Area.
The parking setback line does not apply to on-street parking or to Parking Structures.
(22) Parking Space
An area for the temporary parking of a motor vehicle 153 +/- square feet (SF) in size exclusive of Parking Area circulation.
“Table 1 Example Parking Space sizes” on page 8 shows typical minimum sizes for a Parking Space. Other sizes may
be allowed by the Planning Board.
Table 1 Example Parking Space sizes
45-90 degree Parking Space 8.5 ft x 18 ft 153 SF
Parallel Parking Space 7 ft x 22 ft 154 SF
(23) Parking Structure
A building or part thereof containing one or more Building Stories of Parking Spaces which is designed specifically for
vehicle parking
(24) Pedestrian Shed
An area that is centered on a common destination. Its size is determined by the average walking distance of 1/4 to 1/2
mile or approximately a 5 to 10 minute walk.
(25) Planning Board
Either the Town or City of Ithaca Planning Board with jurisdiction over the land being developed
(26) Plaza
An outdoor area with a combination of hardscape and softscape dedicated for public use.
(27) Public Way
A Thoroughfare that has been deeded, dedicated or otherwise permanently appropriated to the public for public use
and which has a clear width and height of not less than 10 feet.
(28) Recessed Entry
A functioning entry that is set back a minimum of 12 inches from the front Facade of the building.
(29) 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 at least one street-facing functional entry.
(30) Setback
The distance between a Thoroughfare and a Facade, or between a Facade and an imaginary line equidistant between
two Facades, or between a property line and a Facade, whichever is applicable.
Chain Works District Design Standards - 9
(31) Sidewalk
The portion of the Thoroughfare intended for the use of pedestrians. Unless the Thoroughfare has been designated
primarily for pedestrian use the Sidewalk is that part of a Thoroughfare on the side intended for the use of pedestrians,
improved by hard smooth surfacing.
(32) Sub Area
An area with a defined boundary line separating portions of the Chain Works District intended for differing intensities
of development and uses
(33) Thoroughfare
A way for use by vehicular and pedestrian traffic and to provide access to Buildings, Plazas, and Open Spaces, consisting
of vehicular lanes and the Frontage.
(34) Thoroughfare Length
The shortest length of Thoroughfare between two intersections measured at the Frontage Line.
10 – Chain Works District Design Standards
E – Sub Areas
1 – Natural Area / CW1
The following Sub Areas are defined with their permitted uses and applicable definitions to be as of right:
Figure 1 Sub Areas
NEIGHBORHOOD CENTER SUB AREA (CW3)
TOTAL ZONE AREA - 1,730,639 GSF / 39.73 ACRES +/-
INDUSTRIAL SUB AREA (CW4)
TOTAL ZONE AREA - 447,340 GSF / 10.27 ACRES +/-
(1) Natural Area / CW1
These areas consist of lands approximating or reverting to a wilderness condition, including lands unsuitable for
development due to topography, hydrology, or vegetation. The CW1 Sub Area is intended to permanently protect areas
from development that would damage the contiguity, quality, character, and ecological function of natural areas. These
are permanently preserved as natural, open space with the following permitted uses: passive recreation, stormwater
management facilities which may consist of constructed wetland or other water cleansing and stormwater practices,
gardens, walking trails / recreational trails that may provide pedestrian connectivity to other zones, and other alike or
corresponding non-intrusive uses. New structures are only allowed if they serve as auxiliary to a permitted use. Sheds,
park restrooms, pavilions, gazebos, visitor centers, or affiliated buildings needed to maintain this area, are examples
of permitted auxiliary structures allowed in the Natural Area / CW1.
I – Site
a. Building Coverage Rate
The total area of all Buildings within the Sub Area may not exceed 2% of the total size of the Sub Area
boundary. Individual buildings shall not exceed 2,000 sf.
b. Maximum Building Density
Maximum density is measured by the gross square footage of building floor area. The total area of all
Buildings within the Sub Area shall not exceed 20,000 sf.
c. Building Setbacks and Separations
The network of private Thoroughfares to be developed will define Frontages for the existing and proposed
buildings. Building design and placement will also be determined by Setback requirements set forth below:
CW2
CW1
CW3 CW4
CW1 NATURAL SUB AREA (CW1)
TOTAL ZONE AREA - 1,039,404 GSF / 23.86 ACRES +/-
NEIGHBORHOOD GENERAL SUB AREA (CW2)
TOTAL ZONE AREA - 922,274 GSF / 21.17 ACRES +/-
Chain Works District Design Standards - 11
Table ** Sub Area CW1 Building Setbacks
Front 5 ft. minimum
Side None
Rear None
d. Required Buffer Areas
Not applicable for this Sub Area.
e. Public Planting Areas
Not applicable for this Sub Area.
II – Buildings
a. Allowable Uses
Permitted Uses within the CW1 Sub Area include the following:
• Public Passive Recreation;
• Public and semi-Public Institution whose purpose is environmental education;
• Public Pavilions;
• Sheds related to the maintenance of the Sub Area.
b. Building Heights
No Building shall exceed one Building Story. Story height shall not exceed 15 feet in height.
c. Maximum Façade Length
Not applicable for this Sub Area.
d. Minimum Frontage Build Out
Not applicable for this Sub Area.
e. Functional Entries
Not applicable for this Sub Area.
f. Glazing Requirements
Not applicable for this Sub Area.
g. Maximum Blank Wall
Not applicable for this Sub Area.
12 – Chain Works District Design Standards
(2) Neighborhood General Area / CW2
These areas will consist of primarily residential buildings. They may have a wide range of building types including
detached single family, multi-family, and rowhouses. Setbacks and landscaping are variable. Streets with curbs and
sidewalks define medium-sized blocks. Development is limited to 4 stories in height along the NYS Route 96B corridor
to match existing adjacent residential zoning, an additional 1-2 stories are allowed on the downhill side west of NYS
Route 96B consistent with the adjacent CW3 zone. NYS building codes will dictate side yard setbacks to allow for
rowhouses (e.g. zero lot line ).
I – Site
a. Building Coverage Rate
The total area of all Buildings within the Sub Area may not exceed 60% of the total square footage of the Sub
Area boundary.
b. Maximum Building Density
Maximum density is measured by the gross square footage of building floor area including multiple stories.
The total area of all Buildings within the Sub Area shall not exceed 700,000 sf. The aggregate gross square
footage of all Sub Areas combined shall not exceed 1,706,150 sf.
c. Building Setbacks and Separations
The network of Thoroughfares to be developed will define Frontages for the existing and proposed
buildings. Building design and placement will also be determined by Setback requirements set forth below:
Table ** Sub Area CW2 Building Setbacks
Front 5 ft. minimum and 18 ft. maximum
Side NYS Building Codes for fire separation
Rear NYS Building Codes for fire separation
d. Required Buffer Areas
Not applicable for this Sub Area.
e. Public Planting Areas
Public Plantings including street trees and plantings within the Public Way should comply with the latest
publication entitled Recommended Urban Trees: Site Assessment and Tree Selection for Stress Tolerance by
the Urban Horticulture Institute Department of Horticulture Cornell University Ithaca, New York.
Provide street trees on both sides of at least 60% of new and existing streets within the project between
the vehicle travel way and walkway, at intervals averaging no more than 40 feet (excluding driveways and
utility vaults).
II – Buildings
a. Allowable Uses
Chain Works District Design Standards - 13
Permitted Uses within the CW2 Sub Area include the following:
• Any Residential use as defined by The Building Code of New York State;
• Nursery school, child day care center;
• Bed and Breakfast Homes and Inn;
• In-home occupations with no more than 2 employees;
• Neighborhood Scale Retail (< 2,500 sf);
• Adult uses are excluded.
b. Building Heights
The CW2 Sub Area shall allow Buildings of up to four Building Stories with up to 2 additional stories
allowed below the uphill grade’s 1st story. Story height of any new building shall not exceed 18 feet in
height.
c. Maximum Façade Length
The Maximum Façade Length is 120 feet.
d. Minimum Frontage Build Out
No Building including Parking Areas shall be constructed in such a way that it would prevent the future build
out of the Frontage of up to 50% of Thoroughfare length.
e. Functional Entries
Functional public Entry Doors to the Buildings must occur at an average of 85 feet or less along
nonresidential or Mixed-Use buildings or blocks.
f. Glazing Requirements
The minimum glazing requirements is 30%.
g. Maximum Blank Wall
The maximum length for blank walls is 8 feet.
(3) Neighborhood Center Area / CW3
These areas will consist of higher density mixed-use buildings that accommodate retail, office, and other commercial
uses, rowhouses, apartments, and industrial uses. Adult uses are excluded. It has a tight network of streets, with
sidewalks, and buildings set close to the sidewalks. Open spaces consist of Plazas in addition to green space. The CW3
Sub Area will limit development to 6 stories, and allow for an additional 1-2 stories on the downhill side. The NYS
building codes will dictate building separation distances.
Chain Works District Design Standards - 15
I – Site
a. Building Coverage Rate
The total area of all Buildings within the Sub Area may not exceed 80% of the total size of the Sub Area
boundary.
b. Maximum Building Density
Maximum density is measured by the gross square footage of building floor area including multiple stories.
The total area of all Buildings within the Sub Area shall not exceed 900,000 sf. The aggregate gross square
footage of all Sub Areas combined shall not exceed 1,706,150 sf.
c. Building Setbacks and Separations
The network of Thoroughfares to be developed will define Frontages for the existing and proposed
buildings. Building design and placement will also be determined by Setback requirements set forth below:
Table ** Sub Area CW3 Building Setbacks
Front 0 ft. minimum and 12 ft. maximum
Side NYS Building Codes for fire separation
Rear NYS Building Codes for fire separation
d. Required Buffer Areas
• A minimum 30 foot Buffer from the property line, as located prior to January 1, 2016, is required for all
primary structures adjacent to existing residential uses located outside the Chain Works District.
• Accessory structures can be located within the required Buffer but must conform to required front,
rear and side yard setbacks.
• Vegetation within the required Buffer must be permanently maintained in a healthy growing condition
at all times.
e. Public Planting Areas
Public Plantings including street trees and plantings within the Public Way should comply with the latest
publication entitled Recommended Urban Trees: Site Assessment and Tree Selection for Stress Tolerance by
the Urban Horticulture Institute Department of Horticulture Cornell University Ithaca, New York.
Provide street trees on both sides of at least 60% of new and existing streets within the project between
the vehicle travel way and walkway, at intervals averaging no more than 40 feet (excluding driveways and
utility vaults).
II – Buildings
a. Allowable Uses
Permitted Uses within the CW3 Sub Area include the same as CW2, excluding detached dwellings, and
including the following:
• Assembly use;
• Business use;
• Educational use;
• Factory use;
16
• Mercantile use;
• Utility or Storage;
• Adult uses are excluded.
All uses as defined by The Building Code of New York State.
b. Building Heights
The CW3 Sub Area shall allow Buildings of up to six Building Stories with up to 2 additional stories allowed
below the uphill grade’s 1st story except within 100 feet of NYS Route 96B. All buildings within a 100 foot
buffer of NYS Route 96B shall be limited to four Building Stories with up to 2 additional stories allowed
below the uphill grade’s 1st story. Story height of any new building shall not exceed 24 feet in height.
c. Maximum Façade Length
The Maximum Façade Length is 120 feet.
d. Minimum Frontage Build Out
No Building including Parking Areas shall be constructed in such a way that it would prevent the future build
out of the Frontage of up to 70% of Thoroughfare length.
e. Functional Entries
Functional public Entry Doors to the Buildings must occur at an average of 85 feet or less along
nonresidential or Mixed-Use buildings or blocks.
f. Glazing Requirements
The minimum glazing requirements is 30% for non-retail uses and 70% for retail uses.
g. Maximum Blank Wall
The maximum length for blank walls for new building construction within the CW3 Sub Area is 20 feet.
(4) Manufacturing Area / CW4
These areas will consist of industrial uses in 2-4 story buildings. Adult uses are excluded.
I – Site
a. Building Coverage Rate
The total area of all Buildings within the Sub Area may not exceed 90% of the total size of the Sub Area
boundary.
b. Maximum Building Density
Maximum density is measured by the gross square footage of building floor area including multiple stories.
The total area of all Buildings within the Sub Area shall not exceed 300,000 sf. The aggregate gross square
footage of all Sub Areas combined shall not exceed 1,706,150 sf.
c. Building Setbacks and Separations
Chain Works District Design Standards - 17
The network of private Thoroughfares to be developed will define Frontages for the existing and proposed
buildings. Building design and placement will also be determined by Setback requirements set forth below:
Table ** Sub Area CW4 Building Setbacks
Front In accordance with the NYS Building Code
Side NYS Building Codes for fire separation
Rear NYS Building Codes for fire separation
d. Required Buffer Areas
Not applicable for this Sub Area.
e. Public Planting Areas
Plantings within parking areas should comply with the latest publication entitled Recommended Urban
Trees: Site Assessment and Tree Selection for Stress Tolerance by the Urban Horticulture Institute
Department of Horticulture Cornell University Ithaca, New York.
Provide shade by planting one (1) tree per ten (10) parking spaces in islands within the parking area.
II – Buildings
a. Allowable Uses
Permitted Uses within the CW4 Sub Area are as follows:
• Assembly use;
• Factory use;
• Utility or Storage;
• Adult uses are excluded.
All uses as defined by The Building Code of New York State.
b. Building Heights
The CW4 Sub Area shall allow Buildings of up to four Building Stories with up to 2 additional stories
allowed below the uphill grade’s 1st story. Story height of any new building shall not exceed 30 feet in
height.
c. Maximum Façade Length
Not applicable for this Sub Area.
d. Minimum Frontage Build Out
Not applicable for this Sub Area.
e. Functional Entries
Not applicable for this Sub Area.
f. Glazing Requirements
18
The minimum glazing requirements is 70% for retail uses.
g. Maximum Blank Wall
Not applicable for this Sub Area.
Chain Works District Design Standards - 19
F - Parking
(1) General standards for all off-street Parking Areas, driveways and curb cuts.
a) All parking must occur in approved Parking Spaces, Parking Areas or Parking Structures meeting the general
standards herein. Parking is specifically not permitted on lawns, sidewalks, or other spaces not developed as
a Parking Space.
b) Clear boundaries. All Parking Areas, including associated driveways and vehicle maneuvering areas, shall
have clearly defined boundaries. A “clearly defined boundary” shall mean, at a minimum, the existence of a
distinct edge to the material used to pave the parking area, such that the yard area where parking is permitted
is clearly distinguished from the yard area where parking is not permitted. Where approved parking areas
are contiguous with sidewalks or other paved areas, there shall be a minimum four-inch-high curb or other
equivalent continuous permanent barrier separating the Parking Area from other paving, except as required
to allow for accessibility.
c) Physical character of Parking Spaces. Each Parking Space shall be even-surfaced and internally unobstructed by
structures, walls, landscape elements or other obstructing features, except that low curbs or wheel stops may
be located within or adjoining a space if they do not impede vehicular access to or egress from the Parking
Space. Acceptable surface materials include crushed stone, brick, concrete, asphalt, permeable pavement, or
similar materials.
d) Drainage. All newly constructed or enlarged Parking Areas, including associated driveways and vehicle
maneuvering areas, shall have adequate provisions to prevent surface or runoff water from draining to or
across adjoining properties, Sidewalks or streets during, at a minimum, a two-year storm event. Stormwater
runoff shall not be designed to flow across any public Sidewalk as a primary method of delivering the runoff to
a stormwater facility. All drainage systems in existing Parking Areas shall be maintained in good working order.
e) Access requirements. The portion of access driveways extending from the street to the Sidewalk, or to the
property line if no Sidewalk exists, must be hard-surfaced with concrete, brick, asphalt or other approved
material, as required by the municipal engineer.
f) Driveways. Where permitted, one-way driveways shall have a minimum width of 10 feet and a maximum width
of 12 feet. Two-way driveway aisles shall have a minimum width of 20 feet and a maximum width of 24 feet.
g) Parking Area aisles. All Parking Area aisles shall have a minimum width of 20 feet for both single and double
loaded parking.
(2) Parking Location
Parking Spaces must be generally located within one Pedestrian Shed from the intended use. Alternatively, public or
private transit may be provided to move people from Parking Areas to their destination.
Parking Spaces including attached and detached garages must be behind the Parking Setback line as described in
“Table 5 Required Parking Setback distance from street-facing Facades” on page 13.
Internal Parking Areas must be wrapped by Liner Buildings on street-facing Facades and may not be visible from a
20
Public Way, except as described below:
a) Entries/exits to Parking Areas
b) Parking in stories below grade plane as defined by the Building Code of New York State.
Table 5 Required Parking Setback distance from street-facing Facades
CW1 n/a
CW2 12 feet
CW3 12 feet
CW4 none
(3) Off-Street Parking
There is no minimum off-street parking requirement.
G - Public Lighting
Lighting varies in brightness and also in the character of the fixture according to the Sub Area. “Table 12 Lighting
Standards by Sub Area” shows three sizes of street light that are appropriate for different contexts and building
mounted light requirements. Maximum light levels measured at the building frontage line are described for each Sub
Area.
Chain Works District Design Standards - 21
Table 12 Lighting Standards by Sub Area
CW1 CW2 CW3 CW4 SPECIFICATIONS
Large
*
< 30’ and >20’ Tall - These lights should only be used
in auto oriented areas: Arterial streets, industrial
areas and large parking lots.
Must comply with Town of Ithaca Lighting Ordinance
Chapter 173.
* May be used in existing parking lots that are more
than 100’ from a building.
Post
< 20’ and >12’ Tall - Ideal for neighborhood streets
and plazas.
Eachfixturemusthaveabacklight-uplight-glare(BUG)
rating (as defined in IES TM-15-11, Addendum A) of
no more than B2-U2-G2.
Must comply with Town of Ithaca Lighting Ordinance
Chapter 173.
Bollard
< 12’ Tall - Focused on providing light for pedestrians.
This light type should have an apearance that is
interesting for pedestrians at close range.
Eachfixturemusthaveabacklight-uplight-glare(BUG)
rating (as defined in IES TM-15-11, Addendum A) of
no more than B2-U2-G2.
Must comply with Town of Ithaca Lighting Ordinance
Chapter 173.
Building
Mounted
Must comply with Town of Ithaca Lighting Ordinance
Chapter 173
By Right
Table 13 Light Standards by Task Area
By Planning Board Approval
Task Area Average Not to Exceed
Active Building Entrance 2 fc 5 fc
Active Building Approach 0.2 fc 5 fc
Sidewalks 0.2 fc 5 fc
Surface of Signs n/a 2 fc
Parking Lots (Uniformity ratio 20:1 / 4:1) 0.8 fc (0.2 fc min.) 2 fc
22
H - Thoroughfare Assemblies
The diagrams on the following pages define the public thoroughfares and their relationship to the public frontages.
“Table 14 Thoroughfare Assemblies” on each page gives the Thoroughfare type followed by the right-of-way width, the
pavement width, and other specialized transportation information.
Chain Works District Design Standards - 23
Table 14 Thoroughfare Assemblies
THOROUGHFARE ASSEMBLIES:
TYPE A
Perspective View
5'-0" 8'-0" 7'-0" 8'-0" 8'-0" 7'-0" 8'-0" 5'-0"
30'-0"
56'-0"
Thoroughfare Type
Sub Area Assignment
Right-of-Way Width
Pavement Width
Movement
Design Speed
Pedestrian Crossing Time
Traffic Lanes
Parking Lanes
Curb Radius
Walkway Type
Planter Type
Curb Type
Landscape Type.
Transportation Provision
Street
CW2, CW3
56 feet
30 feet
Slow
25 MPH
XX seconds
2 lanes
Two sides @ 7 feet marked both sides
10 feet
4 foot sidewalk minimum, 8 foot at mixed-use
7 foot planter bump outs
Granite curb
Trees at 30’ o.c. avg.
Bus route and Bikes share lane
24
THOROUGHFARE ASSEMBLIES: TYPE B
Perspective View
Thoroughfare Type
Sub Area Assignment
Right-of-Way Width
Pavement Width
Movement
Design Speed
Pedestrian Crossing Time
Traffic Lanes
Parking Lanes
Curb Radius
Walkway Type
Planter Type
Curb Type
Landscape Type.
Transportation Provision
Street
CW2, CW3
42 feet
16 feet
Slow
25 MPH
XX seconds
2 lanes
None
10 feet
4 foot minimum sidewalk
8 foot continuous tree lawn
Granite curb
Trees at 30’ o.c. avg.
Bikes share lane
4'-0" 8'-0" 8'-0" 8'-0" 4'-0" 8'-0"
16'-0"
42'-0"
Chain Works District Design Standards - 25
THOROUGHFARE ASSEMBLIES: TYPE C
Thoroughfare Type
Sub Area Assignment
Right-of-Way Width
Pavement Width
Movement
Design Speed
Pedestrian Crossing Time
Traffic Lanes
Parking Lanes
Curb Radius
Walkway Type
Planter Type
Curb Type
Landscape Type.
Transportation Provision
Street
CW2, CW3
36 feet minimum
15 feet
Slow
25 MPH
XX seconds
1 lane
One-side @ 7 feet minimum un-marked
10 feet
4 foot minimum sidewalk
8 foot continuous planter
Granite curb
Trees at 30’ o.c. avg.
Bikes share lane
Perspective View
5'-0" 4'-0" 7'-0" 8'-0" 8'-0" 4'-0"
15'-0"
36'-0"
26
THOROUGHFARE ASSEMBLIES: TYPE D
Thoroughfare Type
Sub Area Assignment
Right-of-Way Width
Pavement Width
Movement
Design Speed
Pedestrian Crossing Time
Traffic Lanes
Parking Lanes
Curb Radius
Walkway Type
Planter Type
Curb Type
Landscape Type.
Transportation Provision
Parking alley
CW2, CW3
N/A
36 feet
Slow
25 MPH
N/A
1 lane
Reverse angled
10 feet
4-8 foot sidewalk
8 foot continuous tree lawn
Granite curb
Trees at 30’ o.c. avg.
Bikes share lane
Perspective View
8'-0" 8'-0" 16'-0" 20'-0"
36'-0"
Chain Works District Design Standards - 27
THOROUGHFARE ASSEMBLIES: TYPE E
Perspective View
Thoroughfare Type
Sub Area Assignment
Right-of-Way Width
Pavement Width
Movement
Design Speed
Pedestrian Crossing Time
Traffic Lanes
Parking Lanes
Curb Radius
Walkway Type
Planter Type
Curb Type
Landscape Type
Transportation Provision
Through alley
CW2, CW3
N/A
21 feet +/-
Slow
25 MPH
N/A
1 lane
None
10 feet
4-8 foot flush sidewalk
None
flush in-ground lights, bollards,
or change of materials
None
Bikes share lane
21'-0" +/-
28
THOROUGHFARE ASSEMBLIES: TYPE F
Perspective View
Thoroughfare Type
Sub Area Assignment
Right-of-Way Width
Pavement Width
Movement
Design Speed
Pedestrian Crossing Time
Traffic Lanes
Parking Lanes
Curb Radius
Walkway Type
Planter Type
Curb Type
Landscape Type
Transportation Provision
Woonerf
CW3
20 feet +/-
20 feet +/-
Slow
25 MPH
N/A
2 lanes yield
None, 15 minute loading
10 feet
3 foot minimum flush sidewalk
7 foot flush planters
Flush granite curb
Small trees @ 30 feet o.c.
Bikes share lane
3'-0" 7'-0" 7'-0" 3'-0"
20'-0"
Chain Works District Design Standards - 29
THOROUGHFARE ASSEMBLIES: TYPE G
Thoroughfare Type
Sub Area Assignment
Right-of-Way Width
Pavement Width
Movement
Design Speed
Pedestrian Crossing Time
Traffic Lanes
Parking Lanes
Curb Radius
Walkway Type
Planter Type
Curb Type
Landscape Type.
Transportation Provision
Industrial Acces
CW4
N/A
20 feet w/ 4 foot shoulders
Slow
30 MPH
XX seconds
2 lanes
None
30 feet
3 foot minimum sidewalk at buildings only
8 foot continuous tree lawn
No curb
Large trees @ 30 feet o.c.
Bikes share lane
Perspective View
3'-0" 8'-0" 4'-0" 10'-0" 10'-0" 4'-0"
30
I - Signage
Signage is allowed by right in the general configurations and sizes according to the “Table 15 Signage Standards” on
page 25.
Monument signage at driveway entries and oversized building or pylon mounted signage may be appropriate as
determined by the Planning Board to enhance the overall identity and character of the Chain Works District.
Chain Works District Design Standards - 31
Table 15 Signage Standards
CW1 CW2 CW3 CW4 SPECIFICATIONS
Address Sign
a. Quantity (max)
b. Area
c. Width
d. Height
e. Depth / Projection
f. Clearance
g. Apex
h. Letter Height
1 per address
max 2 sf
max 24 in
max 12 in
max 3 in
min 4.5 ft
n/a
max 6"
Awning and Sign
a. Quantity (max)
b. Area
c. Width
d. Height
e. Depth / Projection
f. Clearance
g. Apex
h. Letter Height
i. Valance Height
j. Distance from Curb
1 per window
n/a
max equals width of Facade
n/a
min 4 ft
min 8 ft
n/a
min 5 in, max 10 in
max 12 in
min. 2 ft.
Band Sign
a. Quantity (max)
b. Area (max)
c. Width
d. Height
e. Depth / Projection
f. Clearance
g. Apex
h. Letter Height
1 (2 for corner buildings)
1.5 sf per linear ft Facade
max 90% width of Facade
max 3 ft
max 7 in
min 7 ft
n/a
max 18 in
Blade Sign
a. Quantity
b. Area (max)
c. Width
d. Height
f. Depth / Projection
g. Clearance
h. Apex
i. Letter Height
1 per Facade, 2 max
max 6 sf
max 4 ft
max 4 ft
max 4 ft
min 8 ft
n/a
max 8 in
Marquee and Sign
a. Quantity (max)
b. Area
c. Width (max)
d. Height
e. Depth / Projection
f. Clearance
g. Apex
h. Letter Height
i. Distance from Curb
1 per business
n/a
entrance plus 2' each side
max 50% Story height
min 4 ft, max 10 ft
min 10 ft
n/a
n/a
min 3 ft.
By Right
By Planning Board Approval
32
CW1 CW2 CW3 CW4 SPECIFICATIONS
Nameplate Sign
a. Quantity (max) 1
b. Area max 3 sf
c. Width max 18 in
d. Height max 2 ft
e. Depth / Projection max 3 in
f. Clearance min 4 ft
g. Apex max 7 ft
h. Letter Height n/a
Outdoor Display Case
a. Quantity 1
b. Area max 6 sf
c. Width max 3.5 ft
d. Height max 3.5 ft
f. Depth / Projection max 5 in
g. Clearance min 4 ft
h. Apex n/a
i. Letter Height n/a
Shingle Sign
a. Quantity 1 per facade, 2 max
b. Area 4 sf
c. Width max 2 ft
d. Height max 3 ft
f. Depth / Projection max 2 ft
g. Clearance min 7 ft
h. Apex n/a
i. Letter Height max 8 in
Sidewalk Sign
a. Quantity 1 per business
b. Area max 8 sf
c. Width max 26 in
d. Height max 42 in
f. Depth / Projection n/a
g. Clearance n/a
h. Apex max 42 in
i. Letter Height n/a
Window Sign
a. Quantity 1 per window
b. Area max 25% of glass
c. Width varies
d. Height varies
f. Depth / Projection n/a
g. Clearance 4 ft
h. Apex n/a
i. Letter Height max 8 in
32
CW1 CW2 CW3 CW4 Specifications
Yard Sign
a. Quantity
b. Area
c. Width
d. Height
e. Depth / Projection
f. Clearance
g. Apex
h. Letter Height
1 max per business
max 6 sf
max 3 ft (not counting post)
max 2 ft (not counting post)
n/a
min 3 ft to sign edge
max 6 ft to top of post
max 8 in
Chain Works District Design Standards - 33
J – Building Precedents
Bindley Street Bridge Rehabilitation Project Design Alternative and Environmental Review Lead Agency
Decision-Resolution
WHEREAS, the existing Brindley Street Bridge (“the Bridge”) is a single span, single-lane multiple steel girder
bridge carrying Brindley Street over the Cayuga Inlet, and
WHEREAS, Brindley Street Bridge Replacement Project (“the Project”) involves the replacement of the
Brindley Street Bridge with two lane structure with additional accommodations for bicyclists and pedestrians
including necessary approach and intersection improvement, and
WHEREAS, two possible alternatives for the replacement of this bridge are being considered: Bridge
Alternative 1,which includes replacement of the bridge in its existing alignment and Bridge Alternative
2,which would include the construction of new roadway and bridge on a relocated horizontal alignment that
would connect Taber Street with the West State Street/Taughnnock Boulevard intersection, and
WHEREAS, the alternatives for reconstruction of the Bridnley Street Bridge were presented to the City
Planning Board on September 23, 2014, and
WHEREAS, the Planning Board prepared a memo in support of Bridge Alternative 2, which would realign the
bridge with Taughannock Boulevard, stating that this would improve a problematic intersection, and
WHEREAS, the alternatives for reconstruction of the Bridnley Street Bridge were presented to the City Board
of Public Works on September 22, 2014, and
WHEREAS, on October 6,2014, the Board of Public Works voted on a resolution in support of Bridge
Alternative 2, which would realign the bridge with Taughannock Boulevard, and
WHEREAS, on February 8, 2016, the Board of Public Works voted on a resolution that notify the Board’s
intent to act as a lead agency for environmental review of the project focused on Alternative 2; now, therefore
be it
RESOLVED, that the Common Council hereby accepts the recommendation of both the Board of Public
Works and Planning Board to proceed with developing a detail design for Brindley Bridge Alternative 2;and ,be
it further
RESOLVED, that the Common Council hereby concur with Board of Public Works on its intention to act as a
lead agency for the environmental review of the project focused on Alternative 2 ;and, be it further
RESOLVED, that, contingent upon environmental review outcome, the Common Council here by authorizes
the Superintendent of Public Works to proceed with the design of Brindley Street Bridge replacement on
relocated horizontal alignment and new roadway construction (Bridge Alternative 2).
Six Mile Creek Watershed Conservation Easement
WHEREAS, the City of Ithaca has received an application from the Finger Lakes Land Trust (FLLT) to
support the acquisition of approximately 125 acres of land within the Six Mile Creek Watershed located
at 471 Midline Road in the Town of Dryden (“the Petkov Property”), and
WHEREAS, the application meets the four criteria established in the Common Council Resolution “City
Watershed Conservation Easements Processes” passed on March 4, 2015, and
WHEREAS, the Superintendent of Public Works and Assistant Superintendent of Public Works—Water
and Sewer have reviewed the application and believe that the property is of high value for protection of
the watershed, and
WHEREAS, the Board of Public Works passed a 2/22/16 resolution supporting the provision of $40,000
toward acquisition of the Petkov Property by the FLLT, now therefore be it
RESOLVED, that the Common Council authorizes the Mayor, on advice on the City attorney, to enter into
a funding agreement with the FLLT by which the City provides $40,000 to the FLLT and the FLLT
contractually commits to the preservation in perpetuity of the Petkov Property, thus protecting the
water quality of the watershed flowing into the City’s water filtration plant, and be it further
RESOLVED, that the Common Council authorizes funding in support of the same to be drawn from the
Water Fund, Water Shed Accounts; F8321‐5700 $20,000 (2015) and F8321‐5435 $20,000 (2016).
Six Mile Creek Watershed Conservation Easement—Resolution, as unanimously passed at 2/22/16 BPW
WHEREAS, the City of Ithaca has received an application from the Finger Lakes Land Trust to support the
acquisition of approximately 125 acres of land within the Six Mile Creek Watershed located at 471
Midline Road in the Town of Dryden (known as the Petkov Property), and
WHEREAS, the application meets the four criteria established in the Common Council Resolution “City
Watershed Conservation Easements Processes” passed on March 4, 2015, and
WHEREAS, the Superintendent of Public Works and Assistant Superintendent of Public Works—Water
and Sewer have reviewed the application and believe that the property is of high value for protection of
the watershed, now therefore be it
RESOLVED, that the Board of Public Works supports a grant of $40,000 toward acquisition of the Petkov
Property by the Finger Lakes Land Trust, and be it further
RESOLVED, that the Board of Public Works directs the Superintendent of Public Works to place the
application on the upcoming agenda of the Planning and Economic Development Committee.
OFFICIAL NOTICE OF MEETING
A Regular meeting of the Common Council will be held on Wednesday, March 4, 2015, at 6:00
p.m. in the Common Council Chambers at City Hall, 108 East Green Street, Ithaca, New York.
Your attendance is requested.
AGENDA
1. PLEDGE OF ALLEGIANCE:
2. ADDITIONS TO OR DELETIONS FROM THE AGENDA:
3. PROCLAMATIONS/AWARDS:
4. SPECIAL ORDER OF BUSINESS:
5. SPECIAL PRESENTATIONS BEFORE COUNCIL:
5.1 Presentation of Quarterly Employee Recognition Award
6. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
7. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
8. CONSENT AGENDA ITEMS:
City Administration Committee:
8.1 Attorney - Request to Change Retirement Tier for PBA Member - Resolution
8.2 DPW – Request to Establish Stewart Avenue Bridge Painting Capital Project -
Resolution
8.3 Chamberlain - Request to Waive Penalty on Taxes – Resolution
City Clerk-Department of Public Information & Technology:
8.4 Viva Taqueria & Cantina Alcohol Permit Request - Resolution
8.5 Woody’s Ladybugs, LLC – d/b/a Red’s Place Restaurant Alcohol Permit Request –
Resolution
9. CITY ADMINISTRATION COMMITTEE:
9.1 Declaration of Freedom from Domestic Violence as a Human Right –
Resolution
9.2 DPW - Authorization for additional funding for Ithaca Skate Park Expansion,
Capital Project #732 - Resolution
9.3 Mayor – Request for Contract with Tompkins County Soil and Water Conservation
District for coordination and implementation of the Cayuga Lake Watershed Hydrilla
Project in the Cayuga Inlet, Fall Creek and Southern Cayuga Lake for 2015 - Resolution
9.4 Attorney – Funding for Outreach Worker - Resolution
9.5 An Ordinance to Amend the City of Ithaca Municipal Code Chapter 170 entitled “Use of
City Real Property”
9.6 City Controller’s Report
10. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
10.1 An Ordinance to Amend Chapter 157 of the City of Ithaca Municipal Code entitled
Commons” to Repeal and Replace the Chapter in its Entirety
10.2 City Watershed Conservation Easements Processes – Resolution
Common Council Meeting Agenda
March 4, 2015
Page 2
11. REPORTS OF SPECIAL COMMITTEES:
12. NEW BUSINESS:
12.1 Motion to Enter Into Executive Session to Discuss Collective Negotiations
Pursuant to Article Fourteen of the Civil Service Law - Resolution
12.2 Approval and Authorization to Execute CSEA DPW Unit Contract - Resolution
13. INDIVIDUAL MEMBER – FILED RESOLUTIONS:
14. MAYOR’S APPOINTMENTS:
14.1 Appointments/Reappointments to Various City Boards and Committees – Resolution
15. REPORTS OF COMMON COUNCIL LIAISONS:
16. REPORT OF CITY CLERK:
17. REPORT OF CITY ATTORNEY:
18. MINUTES FROM PREVIOUS MEETINGS:
18.1 Approval of the February 4, 2015 Common Council Meeting Minutes – Resolution
19. ADJOURNMENT:
If you have a disability that will require special arrangements to be made in order for you to fully
participate in the meeting, please contact the City Clerk at 274-6570 at least 48 hours before the
meeting.
Julie Conley Holcomb, CMC
City Clerk
Date: February 26, 2015
10.2 City Watershed Conservation Easements Processes – Resolution
WHEREAS, a conservation easement is a set of legal restrictions that a property owner can
voluntarily place on her or his own land, limiting use and development of the land forevermore;
and
WHEREAS, the City is currently constructing at substantial expense a new water filtration plant
which is fed by a creek; and
WHEREAS, the quality of the water fed by said creek is substantially dependent on the quality
of water provided upstream of the plant by the creek’s watershed, predominantly outside City
limits; and
WHEREAS, overdevelopment of the watershed in the long term would increase the risk of water
quality issues that could prove costly to remedy at the plant itself; and
WHEREAS, the Common Council included in the Fiscal Year 2015 budget $20,000 in support of
the initiative detailed in this resolution; and
WHEREAS, the Common Council desires to establish via this resolution more specific
procedures and guidelines for the disbursement of these funds and any future funds similarly
budgeted for the purpose of watershed conservation easements; now, therefore be it
RESOLVED, That as part of the annual budget proposal of the Department of Public Works for
the Water and Sewer Division, the Superintendent of Public Works, on consultation with the
Director of Planning, Building, Zoning and Economic Development, make a recommendation as
to what amount, if any, is recommended for inclusion in their annual budget for purposes of this
program; and be it further
RESOLVED, That any funds so budgeted be evaluated for expenditure on transaction costs
necessary to the creation of conservation easements according to the procedures and
requirements set out in this resolution, and such other procedures and requirements not in
conflict with this resolution established by the Director of Planning, Building, Zoning and
Economic Development and the Superintendent of Public Works; and, be it further
RESOLVED, That applications for expenditure of these funds on particular conservation
easement projects may be submitted by any member of the public, though most commonly by
the Finger Lakes Land Trust, to the Director of Planning, Building, Zoning and Economic
Development or her/his designee; and, be it further
RESOLVED, That the Director of Planning, Building, Zoning and Economic Development or
her/his designee shall evaluate each application according to the minimum criteria specified in
this resolution, among others, and if said minimum criteria are satisfied, shall circulate the
application to the Superintendent of Public Works or his/her designee (expected generally to
include either or both of the City Watershed Coordinator and the City Environmental Engineer),
who in turn shall:
add the application to an upcoming agenda of the Board of Public Works occurring not
sooner than 30 days in the future, and
email or mail notice of the application to all members of the City’s Common Council and
to the Clerk of the Town or Village in which the contemplated conservation easement
would be created;
and, be it further
RESOLVED, That the Director of Planning, Building, Zoning and Economic Development, the
Superintendent of Public Works, and/or each of their designees make a recommendation to the
Board of Public Works as to their recommended action on the application under consideration;
and, be it further
RESOLVED, That the Board of Public Works deliberate upon, and thereafter approve or deny,
each application for funding of transaction costs of a conservation easement, and if approved
specify the dollar amount, not to exceed $15,000 per application, authorized for use on the
application-specific project to be drawn from the Council-budgeted funds available to this
program at that time, abiding the following minimum criteria, all of which must be satisfied in
support of any approved application:
1. The property owner(s) of the property impacted by the pending application is/are willing
participant(s) in the project;
2. An outside funding match to City's contribution to the application-specific project is
preferred, but not required;
3. Another party will be responsible for property management and stewardship of any
conservation easement created under this program;
4. The project is located in the watershed of Six Mile Creek upstream of the current
location of the sixty-foot dam, and the conservation of the project is deemed by the Board of
Public Works, on the advice of relevant City staff, to be beneficial to long-term water quality for
the City's water supply;
And, be it further
RESOLVED, That applications may be submitted seeking funding support of this program for
fee-title purchases (rather than easements) in support of conservation of the City watershed, but
that such applications shall, after being considered by the Board of Public Works as specified in
this resolution, require a vote of Common Council before any approval of the application shall
be effective.
SIX MILE CREEK CORRIDOR PROTECTION PROJECT
FINGER LAKES LAND TRUST
The Finger Lakes Land Trust seeks an allocation of $40,000 from the City of Ithaca’s Six Mile Creek
Watershed Protection Fund to support the acquisition of approximately 125 acres of environmentally
sensitive watershed lands located on Midline Road in the Town of Dryden.
The proposed acquisition features more than 900 feet of frontage on Six Mile Creek and more than two
miles of frontage on perennial tributaries to the creek. The tract also features 12 acres of wetlands that
filter runoff as well as several springs that contribute clean water to the creek. Due to these attributes, this
property plays an important role in helping to maintain the quality of Ithaca’s drinking water supply.
The proposed acquisition is also located within a growing network of conserved lands that includes the
Land Trust’s Roy H. Park Preserve, Cornell University’s Old 600 Natural Area, Hammond Hill State
Forest, and Yellow Barn State Forest.
The site encompasses the entirety of county Unique Natural Area #118 – the Dryden-Slaterville Fir Tree
Swamp as well as a portion of county Unique Natural Area #117 – the Slaterville Wildflower Preserve. It
is also located within a “Natural Resource Focus Area” identified in Tompkins County’s comprehensive
plan.
The Land Trust has negotiated an agreement to purchase 125 acres from the Petkov family for $250,000 –
leaving them with 15 acres along with their single family home. This is less than the proposed
acquisition’s appraised value of $288,000.
The Land Trust intends to retain the property as a nature preserve – to be managed in conjunction with its
nearby Roy H. Park Preserve. A $300,000 fundraising campaign has been launched to cover the purchase
price, associated transaction costs, and a contribution to the organization’s Stewardship Fund to provide
for long term management and monitoring.
While it is anticipated that the majority of funds for the project will come from private individuals, the
Land Trust is also seeking grants from the City of Ithaca and from Tompkins County’s Capital Reserve
Fund for Natural, Scenic and Recreational Resource Protection.
Acquisition of this land will and its management as a nature preserve will provide the highest degree of
protection for Six Mile Creek and the City of Ithaca’s drinking water supply. Completion of this project
will ensure that this pristine property will continue to provide clean water while filtering runoff and
retaining storm water during times of high runoff.
The purchase contract calls for a closing in mid-April. At this time, the Land Trust will need to provide
half of the total purchase price. The second half will be due in December 2016.
The Finger Lakes Land Trust is a non-profit conservation organization that works cooperatively with
landowners and local communities to conserve those lands that are vital to the integrity of the region.
Since it was established in 1989, the Land Trust has protected more than 18,000 acres of significant open
space, including more than 1,000 acres within the Six Mile Creek Watershed. The organization today
owns and manages 36 conservation areas that are open to the public and holds more than 100
conservation easements on land that remains in private ownership. Additional information may be found
at www.fllt.org.
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Midline Rd
[0 1,000500 Feet Map prepared by Karen Edelstein, Finger Lakes Land Trust 15 December 2015
Petkov, potential acquisition
Petkov property, excluded
Streams
Cornell Natural Area
FLLT preserves
tompkins_2012
Property of Marilyn and Theodore PetkovPortion of parcel #76.-1-24.114, 126 acres471 M idline RdTown of Dryden, Tompkins County, NYApril 2012 natural color aerial orthoimagery
£¤79
£¤38
£¤13£¤366
£¤392
Town ofDryden
Town ofCaroline
Town ofRichford
Town ofHarford
Town ofVirgil
[Map prepared by Karen Edelstein, Finger Lakes Land Trust 15 December 2015
Petkov property
tompkins_2012
Property of Marilyn and Theodore PetkovConservation context471 M idline RdTown of Dryden, Tompkins County, NY
Petkov, potential acquisition
Cornell Natural Area
FLLT preserves
FLLT CEs
State land
Six Mile Creek watershed
0 21 Miles
1 | Page
TO: Common Council, Board of Public Works
FROM: JoAnn Cornish, Director of Planning and Development
DATE: February 18, 2016
RE: Request to Contribute to the Purchase of 125-Acre Parcel in the Town of Dryden as
part of the City’s Six Mile Creek Watershed Protection Funding Commitment
The City has received a request from Andrew Zepp, Director of the Finger Lakes Land Trust (FLLT), to
contribute the existing balance of the City’s watershed protection funding, in the amount of $40,000, to help in
the purchase of a 125-acre parcel in the Town of Dryden as part of the City’s Six Mile Creek watershed
protection funding commitment. The FLLT is proposing to purchase the property and to manage the site in
perpetuity as a nature preserve and plans to launch a $300,000 fundraising campaign for the project. They
are also pursuing a grant of $40,000 from the County’s capital reserve fund in addition to seeking $220,000 in
private funding.
The 125-acre parcel borders existing protected land and encompasses more than 900 feet of frontage on Six
Mile Creek, more than two miles of frontage on tributaries to the creek, 12 acres of wetland, a county-
designated Unique Natural Area, and more than 100 acres of mature forest. It is adjacent to the Roy H. Park
Nature Preserve – Baldwin Tract, acquired by the Finger Lakes Land Trust, that together span 138 acres with
more than 4,000 feet of frontage on Six-Mile Creek (separated from the 125-acres by only one parcel). In
addition, the 125-acre parcel is adjacent to approximately 400 acres of a Cornell Natural Area.
Since the late 1980’s, the City has provided funding for purchasing specific parcels and/or easements along Six
Mile Creek that were chosen to complement the land already owned by the City. Parcels were identified
primarily to protect the City's water supply and as an added bonus, for their proximity to the South Hill
Recreation Way. Several of the desired parcels have frontage on major roads, (Route 79 and Coddington
Road). The thought was for the City to purchase parcels between these two roads (as they became available),
subdivide the parcels, sell the frontage piece, and maintain the rear parcels as part of the watershed
acquisitions. (Thus getting the biggest “bang for our buck”). The proceeds from the sale of the frontages
would cover some of the costs the City had incurred when it purchased the property or was to be put in
reserve to pay for other properties as they became available.
The 125-acre property proposed for purchase is nearly 8 miles from the City’s holdings in Six Mile Creek.
While it is part of the Six Mile Creek watershed, it is not a parcel we have identified for acquisition. In
addition, it is neither a fee title purchase nor a conservation easement, but a contribution to property that will
not be owned by the City but by the FLLT.
Additionally, since the land is a key tract bordering Six Mile Creek that has been identified by the County
Planning Department as one of the highest priority parcels for protection, and is adjacent to over 500 acres of
CITY OF ITHACA
108 E. Green Street — 3rd Floor Ithaca, New York 14850-5690
DEPARTMENT OF PLANNING, BUILDING, ZONING & ECONOMIC DEVELOPMENT
JoAnn Cornish, Director of Planning and Development
Phone: 607-274-6550 Fax: 607-274-6559 Email: dgrunder@cityofithaca.org
2 | Page
FLLT and Cornell Natural Areas lands, the likelihood of funding by outside sources seems promising while the
likelihood of development on the parcel does not.
In the adopted resolution, the sixth Resolved states: “that the Board of Public Works deliberate upon, and
thereafter approve or deny, each application for funding of transaction costs of a conservation easement, and
if approved specify the dollar amount, not to exceed $15,000 per application, authorized for use on the
application-specific project to be drawn from the Council-budgeted funds available to this program at that
time, abiding the following minimum criteria, all of which must be satisfied in support of any approved
application:
1. The property owner(s) of the property impacted by the pending application is/are
willing participant(s) in the project.
The Land Trust has negotiated an agreement to purchase 125 acres from the Petkov
family for $250,000, leaving them with 15 acres along with their single family home.
This is less than the proposed acquisition’s appraised value of $288,000.
2. An outside funding match to City's contribution to the application-specific project is
preferred, but not required.
A $300,000 fundraising campaign has been launched by the FLLT to cover the
purchase price, associated transaction costs, and a contribution to the organization’s
Stewardship Fund to provide for long term management and monitoring.
While it is anticipated that the majority of the funds for the project will come from
private individuals, the Land Trust is also seeking grants from the City of Ithaca
($40,000 and from Tompkins County’s Capital Reserve Fund for Natural, Scenic and
Recreational Resource Protection ($40,000).
3. Another party will be responsible for property management and stewardship of any
conservation easement created under this program.
This is not a conservation easement nor a fee title purchase, but a donation to the FLLT,
who will own and retain the property as a nature preserve – to be managed in
conjunction with its nearby Roy H. Park Preserve.
4. The project is located in the City watershed and the conservation of the project is
deemed by the Board of Public Works, on the advice of relevant City staff, to be
beneficial to long-term water quality for the City's water supply.
The property is located in the Six Mile Creek Watershed and will be beneficial to long-
term water quality for the City’s water supply.
After evaluation of this request, and in accordance with the criteria specified above, it is my recommendation
that the City match the contribution of the County, recently approved, in the amount of $25,000 to contribute
to the sale price of the subject property. This will leave some funds in reserve should we have an opportunity
to purchase one of the parcels identified by the City as a priority acquisition.
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Below is a map showing the properties proposed for acquisition in both the City and the Town in order
of priority.
1
Aaron Lavine
From:Aaron Lavine
Sent:Friday, February 19, 2016 3:11 PM
To:Kathy Servoss; Board of Public Works
Cc:JoAnn Cornish
Subject:RE: Six Mile Creek Conservation Easement
Thank you, JoAnn, for this constructive input. For BPW’s reference, I want to add two minor clarifications:
1. As you note, the March 2015 authorizing resolution for this program ends by setting out a procedure for
considering “fee-title purchases (rather than easements)”. While the resolution could have been clearer, I
believe it was authorizing the sort of fee-title purchase now before us: a fee-title purchase by an entity (here,
the Land Trust) that will preserve the parcel of land in perpetuity, just as the City wouldn’t take title to
conservation easements purchased under this program either, but would also entrust those to titling in the Land
Trust’s name.
2. I can certainly see the logic in your suggestion that the City authorize $25,000 for this transaction rather than
$40,000, and I really don’t think there’s a right and a wrong answer. I will note that to the extent that our
motivation in picking a smaller number is to preserve funds for future watershed protection transactions, it’s
worth keeping in mind that (so far) Council has funded this program at $20,000 per year out of the water
fund. Thus, it’s a decent bet that some funding will be available to future transactions—which are in any event
not available to us at this time—even if we devote the full $40,000 to this project now. Either way, these sums
of money are a true drop in the proverbial bucket of $30+ million that we are spending on our new water plant,
which will do us little good without high quality water for many decades to come.
Thanks again, and have a good weekend.
Ari
Aaron (Ari) O. Lavine
City Attorney, City of Ithaca
108 E. Green St.
Ithaca, NY 14850
Tel: (607) 274-6504
Fax: (607) 274-6507
This e-mail contains information that may be privileged and confidential. If you are not the intended recipient, please
delete this e-mail and notify us immediately by reply email, or at (607) 274-6504.
From: Kathy Servoss
Sent: Friday, February 19, 2016 2:25 PM
To: Board of Public Works <BPW@cityofithaca.org>
Subject: FW: Six Mile Creek Conservation Easement
Additional information for the agenda.
- Kathy Servoss
Executive Assistant
Supt. of Public Works, Engineering, & Parking
City of Ithaca
108 E. Green St.
1
To: Planning and Economic Development Committee
From: Lynn C. Truame, IURA Community Development Planner
Date: 2/17/16
RE: Proposal to Circulate a Draft Incentive Zoning for Affordable Housing Ordinance
This memo provides information regarding a proposed Incentive Zoning Ordinance for the City
of Ithaca. The purpose of the proposal is to address the increasing shortage of lower-income
workforce housing in the city by providing incentives to induce the inclusion of affordable
housing units in new residential and mixed-use developments within the city. Incentive zoning
is authorized under GCL §81-d.
Background
At the May 2015 meeting of the Planning Committee the concept of inclusionary zoning as a
means of ameliorating the city’s housing affordability problem was discussed. The Committee
directed staff to research the idea and bring forward a proposal for consideration. Staff initially
developed a proposal for a mandatory inclusionary zoning ordinance, but in response to the
concern that a mandatory ordinance might depress overall development activity, and because a
California case questioning the legality of mandatory inclusionary zoning has been appealed to
the Supreme Court, staff were asked to develop a proposal for a voluntary, incentive-based
ordinance instead.
Summary of the proposed ordinance
In its current form, the draft Incentive Zoning for Affordable Housing Ordinance would:
Be available citywide, to all developments that include the required minimum number of
affordable units* and result in 1 or more residential units, including:
o New residential construction, regardless of the type of dwelling unit
o New mixed-use development with a residential component
o Renovation of a multiple-family residential structure that increases the number of
residential units from the number of units in the original structure
o Conversion of an existing single-family residential structure to a multiple-family
residential structure
o Change of use of an existing building from nonresidential to residential
o Change of use of a rental residential property to a condominium property.
Offer a variety of ways in which the incentive may be accessed, including:
o The inclusion of affordable units on-site in a new development
o Providing affordable units off-site (within a limited radius of the new units)
CITY OF ITHACA
108 E. Green Street — 3rd Floor Ithaca, NY 14850-5690
DEPARTMENT OF PLANNING, BUILDING, & ECONOMIC DEVELOPMENT
JOANN CORNISH, DIRECTOR OF PLANNING & ECONOMIC DEVELOPMENT
PHYLLISA A. DeSARNO, DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT
Telephone: Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6559
Email: dgrunder@cityofithaca.org Email: iura@cityofithaca.org
Fax: 607-274-6558 Fax: 607-274-6558
2
o Converting existing off-site market rate units to affordable units
o Paying a cash-in-lieu fee
o Any combination of the above
Offer the following incentives:
o Elimination of minimum parking requirements
o Density bonus of one additional floor in height in those areas identified in the
Comprehensive Plan as Waterfront Mixed Use, Urban Mixed Use, and Enterprise
o Exemption from Site Plan Review for projects in any zone for which Design
Standards have been published and the Director of Planning & Development, or
her designee, determines that the project is in compliance with those Design
Standards.
*To be eligible for the incentive, a development must include the following minimum
number of affordable units:
(1) for for-sale units, the greater of one unit or 15% of the total number of proposed
units in the development
(2) for for-rent units, either:
(a) the greater of one unit or 15% of the total number of proposed units in the
development, with rents set at levels that do not exceed rent levels that are
affordable to families earning 60% of the family median income, or
(b) the greater of one unit or 10% of the total number of proposed units in the
development, with rents set at levels that do not exceed rent levels that are
affordable to families earning 50% of the family median income
Current 50% and 60% income and rent limits:
Unit size: 0-bd 1-bd 2-bd 3-bd 4-bd 5-bd 6-bd
50% RENT LIMIT 690 739 887 1025 1143 1261 1379
60% RENT LIMIT 780 957 1146 1375 1515 1653 1791
Household size: 1 2 3 4 5 6 7 8
50% INCOME LIMITS 27050 30900 34750 38600 41700 44800 47900 51000
60% INCOME LIMITS 32460 37080 41700 46320 50040 53760 57480 61200
Funds derived from payment of the cash-in-lieu fee would be deposited to the City’s Affordable
Housing Fund, to be used solely to stimulate and support the development of affordable housing
in the city.
Next Steps
The document submitted tonight is a starting point for discussion. If Council is interested in
pursuing this approach there are important details that remain to be worked out, including an
administrative structure for the program and effective enforcement mechanisms. Staff requests
approval to circulate the proposal for review and comment.
1
DRAFT City of Ithaca Incentive Zoning for Affordable Housing Ordinance
Section 1. Intent
The intent of this ordinance is to encourage the construction of affordable housing, or payment of
fees-in-lieu to support such construction, as a portion of new residential development within the
community for the purpose of:
A. Implementing the affordable housing goals, policies, and objectives contained in the
City of Ithaca’s Comprehensive Plan and the Tompkins County Comprehensive Plan;
B. Ensuring the opportunity of affordable housing for employees of businesses that are
located in or will be located in the community;
C. Maintaining a balanced community that provides housing for people of all income levels.
Section 2. Definitions
A. Definitions of specific terms or words as used in this ordinance shall conform to the
definitions of the same terms in the Zoning Ordinance, Chapter 325, Section 325-3.
B. In addition to the definitions in Chapter 325, the following words and terms, when
used in this ordinance, shall have the following meanings:
Affordable Housing: In the case of dwelling units for sale, housing in which the principal,
interest, taxes, insurance, and condominium or association fees, if any, constitute no more
than 37 percent of gross annual family income for a household of the size that may occupy
the unit in question, assuming a down-payment of no more than 5%. In the case of dwelling
units for rent, housing for which combined rent and utility costs do not exceed the maximum
amount allowed under the U.S. Department of Housing and Urban Development’s HOME
program.
Affordable Housing Development Agreement: a written agreement between an applicant
to develop an Affordable Housing Development, as defined in this ordinance, and the City
of Ithaca, containing specific requirements to ensure the continuing affordability of housing
included in the development.
Affordable Housing Unit: any dwelling unit subject to covenants or restrictions
requiring such unit to be sold at prices preserving them as Affordable Housing for a
period of at least 15 years, or rented at prices preserving them as Affordable Housing for
a period of at least 50 years.
2
Affordable Housing Development: any housing subsidized by the federal or state
government, including Low Income Housing Tax Credit projects; or any housing or
mixed-use development in which Affordable Housing Units are included pursuant to this
ordinance.
Affordable Housing Development Plan: a plan prepared and submitted by an
applicant who proposes to develop an Affordable Housing Development, outlining and
specifying the proposed project’s compliance with the applicable requirements of this
ordinance.
Affordable Housing Trust Fund: the fund created by the City of Ithaca pursuant to Chapter
62 of the Municipal Code and referenced in Section 10 of this ordinance.
Certificate of Affordable Housing Compliance: the certificate issued by the Department
of Planning, Building, Zoning, and Economic Development that provides legal assurance
that a developer’s obligations under this ordinance are being satisfied.
High HOME Rent: as calculated and published annually by the U.S. Department of
Housing and Urban Development, the maximum cost of combined rent and utilities that
is affordable to a household earning 60% of the area median family income.
Low HOME Rent: as calculated and published annually by the U.S. Department of
Housing and Urban Development, the maximum cost of combined rent and utilities that
is affordable to a household earning 50% of the area median family income.
Median Family Income: the median family income level for the Ithaca Metropolitan
Statistical Area, as established and defined in the annual schedule published by the
Secretary of the U.S. Department of Housing and Urban Development, adjusted for
household size.
Renovation: physical improvement that adds to the value of real property, but that
excludes painting, ordinary repairs, and normal maintenance.
Section 3. Scope of Application; Density Bonus
A. Any of the following types of development that result in, or contain, one or more
Residential Dwelling Units and include sufficient numbers of Affordable Housing Units to
constitute an Affordable Housing Development as determined by the calculation in paragraph
3.B. of this ordinance may elect to pursue designation as an Affordable Housing
Development:
3
(1) New residential construction, regardless of the type of dwelling unit
(2) New mixed-use development with a residential component
(3) Renovation of a multiple-family residential structure that increases the number of
residential units from the number of units in the original structure
(4) Conversion of an existing single-family residential structure to a multiple-family
residential structure
(5) Change of use of an existing building from nonresidential to residential
(6) Change of use of a rental residential property to a condominium property.
B. The minimum number of Affordable Housing Units that must be included for any
development listed in Section 3.A. of this ordinance to qualify as an Affordable Housing
Development shall be calculated as follows:
(1) for for-sale units, the greater of one unit or 15% of the total number of proposed
Residential Dwelling Units. If this calculation results in a fraction, a fraction of 0.5 or more
shall be rounded up to the next higher whole number, and a fraction of less than 0.5 shall be
rounded down to the next lower whole number.
(2) for for-rent units, either:
(a) the greater of one unit or 15% of the total number of proposed Residential Dwelling
Units, rounded as indicated above, with rents set at levels that do not exceed the High
HOME Rent for the appropriate unit size, as published annually by the U.S. Department
of Housing and Urban Development, or
(b) the greater of one unit or 10% of the total number of proposed Residential Dwelling
Units, rounded as indicated above, with rents set at levels that do not exceed the Low
HOME Rent for the appropriate unit size, as published annually by the U.S. Department
of Housing and Urban Development.
C. Any Affordable Housing Development as defined in this ordinance shall be entitled to
receive the following incentives:
(1) Elimination of minimum parking requirements.
(2) For projects within the Waterfront Mixed Use, Urban Mixed Use, or Enterprise zones,
4
as identified on the Comprehensive Plan’s Future Land Use Map, a density bonus of one full
story in height. Any such increase will be granted as of right and will not require review by
the Board of Zoning Appeals of the Ithaca Landmarks Preservation Commission.
(3) Any Affordable Housing Development, as defined in this ordinance, that is located in a
zone for which Design Standards have been published by the City of Ithaca and that has
been determined by the Director of Planning and Development to be in compliance with
those Design Standards, shall be exempt from site plan review. Environmental review
requirements continue to apply.
Except as noted above, all aspects of any Affordable Housing Development remain subject to
the normal review and approval requirements of the BZA, the Ithaca Landmarks Preservation
Commission, the Planning Board, and of all other applicable City Boards, Commissions, and
Departments.
Section 4. Cash Payment in Lieu of Housing Units
A. The applicant may elect to make a cash payment in lieu of constructing some or all of the
Affordable Housing Units required for the project to constitute an Affordable Housing
Development.
B. The City of Ithaca Common Council shall establish the in-lieu per-unit cash payment on
written recommendation by the Director of Planning and Development and adopt it as part of
the City of Ithaca’s schedule of fees. The per-unit amount shall be based on an estimate of the
amount of local government subsidy required to create one new Affordable Housing Unit when
other public funding and/or Low Income Housing Tax Credits are leveraged. The initial
amount of this fee is $100,000 per unit. At least once every three years, the Common Council
shall, with the written recommendation of the Director of Planning and Development, review
the per-unit payment and amend the schedule of fees as needed to reflect changes in the cost of
construction within the City of Ithaca.
C. For the purposes of determining the total in-lieu payment, the per-unit amount established by
the Common Council pursuant to paragraph (1) above shall be multiplied by the greater of one
or 20 percent of the number of units proposed in the development. For the purposes of such
calculation, if 20 percent of the number of proposed units results in a fraction, the fraction shall
not be rounded up or down. If the cash payment is in lieu of providing less than the full number
of required Affordable Housing Units, the calculation shall be prorated.
D. The full in-lieu cash payment must be received by the City prior to issuance of a
building permit for the project.
5
E. All in-lieu cash payments received pursuant to this ordinance shall be deposited directly
into the Affordable Housing Trust Fund established pursuant to Section 10 below, and will be
used to support the construction of Affordable Housing Units within the City.
Section 5. Provision of Affordable Units Off-Site
A. Applicants may elect to provide all, or a portion of, the required number of
Affordable Housing Units off-site, provided the proposed location of the off-site units
is within one half mile of the Affordable Housing Development.
B. The provision of off-site units may be accomplished by the construction of new
units, or by the conversion of existing market-rate rental units to Affordable Housing
Units. In either case, the off-site units must be, or must be renovated to be,
comparable in size, type, and quality to the market-rate units in the Affordable
Housing Development.
C. If the applicant elects to provide the required Affordable Housing Units by the
conversion of existing market-rate rental units, the applicant will be required to
provide a third party Capital Needs Assessment, and to capitalize, and make annual
contributions to, an appropriate replacement reserve to ensure the long-term
availability and quality of the existing units.
D. No Certificate of Occupancy will be issued for the Affordable Housing
Development until the construction or renovation of all off-site units has been
completed and a Certificate of Affordable Housing Compliance has been issued.
Section 6. Criteria for Integration and Character of Affordable Housing Units
A. An Affordable Housing Development shall comply with the following criteria:
(1) In the case of on-site development of Affordable Housing Units in an Affordable
Housing Development, those units shall be mixed with, and not clustered together or
segregated in any way from, market-rate units.
(2) If the Affordable Housing Development Plan, described in Section 7 below, contains a
phasing plan, the phasing plan shall provide for the development of Affordable Housing
Units concurrently with the market-rate units. No phasing plan shall provide that the
Affordable Housing Units are the last units built in an Affordable Housing Development.
(3) The exterior appearance of Affordable Housing Units in an Affordable Housing
6
Development shall be made similar to market-rate units by the provision of building
materials and finishes substantially the same in type and quality.
(4) The floor area of a typical Affordable Housing Unit in an Affordable Housing
Development must be no less than 80% of the floor area of a typical market-rate unit
of the same type. The bedroom mix for Affordable Housing Units must be
comparable to the bedroom mix of market-rate units within the Affordable Housing
Development.
Section 7. Application and Affordable Housing Development Plan
A. Applicants to develop an Affordable Housing Development pursuant to this ordinance shall
complete and file an application on the prescribed form with the Department of Planning,
Building, Zoning, and Economic Development. The application shall require such information
on the nature and the scope of the development as the City of Ithaca may determine is
necessary to properly evaluate the proposal.
B. As part of the application required above, the applicant shall provide to the City of Ithaca an
Affordable Housing Development Plan. This plan shall be subject to approval by the City of
Ithaca and shall be incorporated into the Affordable Housing Development Agreement pursuant
to Section 8 below. An Affordable Housing Development Plan is not required for
developments in which the affordable housing obligation is satisfied by a cash payment in lieu
of construction of Affordable Housing Units. The Affordable Housing Development Plan shall
contain, at a minimum, the following information concerning the development:
(1) A general description of the development, including whether the development will
contain units for rent or for sale
(2) The total number of market-rate units and Affordable Housing Units
(3) The number of bedrooms in each market-rate unit and each Affordable Housing Unit
(4) The square footage of each market-rate unit and of each Affordable Housing Unit
measured from the interior walls of the unit and including heated and unheated areas
(5) The location in the development of each market-rate and Affordable Housing Unit, or the
proposed off-site location of the Affordable Housing Units if the off-site option is selected
(6) If construction of dwelling units is to be phased, a phasing plan stating the number of
market-rate and Affordable Housing Units in each phase
7
(7) The estimated monthly rent of each market-rate unit and each Affordable Housing Unit
(8) Documentation and plans regarding the exterior appearance, materials, and finishes of
the Affordable Housing Development and each of its individual units, including a third
party Capital Needs Assessment for any off-site market-rate rental units proposed for
conversion to Affordable Housing Units
(9) The marketing plan that the applicant proposes to implement to promote the sale or
rental of the Affordable Housing Units to eligible households
(10) If the applicant intends to partner with another agency or organization for the
management of the Affordable Housing Units, a letter of intent from this partnering
organization must be attached
Section 8. Affordable Housing Development Agreement
A. Prior to the issuance of a building permit for any units in an Affordable Housing
Development, the applicant shall enter into an Affordable Housing Development Agreement
with the City of Ithaca. The development agreement shall set forth the commitments and
obligations of the City and the applicant, including, as necessary, cash in-lieu payments and
replacement reserve requirements for any off-site conversion units, and shall incorporate,
among other things, the approved Affordable Housing Plan.
B. The applicant shall execute any and all documents deemed necessary by the City in a
form to be established by the City Attorney, including, without limitation, restrictive
covenants, deed restrictions, and related instruments (including income qualification
requirements for tenants of for-rent units) to ensure the continued affordability of the
Affordable Housing Units in accordance with this ordinance.
C. Restrictive covenants or deed restrictions required for Affordable Housing Units shall
specify that the title to the subject property may be transferred only with the written approval
of the Director of Planning and Development, which approval may not be withheld unless the
proposed transfer would result in a violation of the affordability requirements of this
ordinance.
Section 9. Enforcement of Affordable Housing Development Agreement; Affordability
Controls
A. The Director of Planning and Development shall promulgate rules as necessary to
8
implement this ordinance.
B. No Certificate of Occupancy or Certificate of Compliance for any unit in an Affordable
Housing Development shall be granted unless and until a Certificate of Affordable Housing
Compliance has been issued by the Department of Planning, Building, Zoning, and Economic
Development.
C. On an annual basis, the Director of Planning and Development shall publish or make
available copies of the U.S. Department of Housing and Urban Development family income
limits and HOME rental limits applicable to affordable housing within the local government’s
jurisdiction.
D. For all sales of for-sale Affordable Housing Units, the parties to the transaction shall
execute and record such documentation as required by the Affordable Housing Development
Agreement. Such documentation shall include the provisions of this ordinance and shall
provide, at a minimum, each of the following:
(1) That the affordable housing unit be sold to and occupied by eligible households for a
period of 15 years from the date of conveyance of the property. Eligible households must
have gross incomes that do not exceed 80 percent of the Median Family Income for
households of the same size within the Ithaca Metropolitan Statistical Area.
(2) That the Affordable Housing Unit must be conveyed subject to restrictions that shall
maintain the affordability of such Affordable Housing Units for eligible households.
(3) That should the property be sold prior to completion of the 15-year affordability period,
the affordability period shall re-set and a new 15-year term, also subject to this same re-set
provision, shall commence.
(4) That during the period of affordability, the maximum resale price of any for-sale
affordable unit shall be calculated using the worksheet below. The unit must be sold to an
income-qualified household.
1. Homeowner's Purchase Price $
2. Initial Appraised Value $
3. Percentage of Homeowner's Purchase Price to initial
Appraised Value (Divide line 1 by line 2)
4. Homebuyer's Initial Ownership Interest:
(multiply line 2 by line 3)
$
9
5. Appraised Value at time of resale $
6. Homeowner's Ownership Interest at Resale: (multiply line 5 by
line 3)
$
7. Preliminary increase in homeowner's ownership interest : (subtract
line 4 from line 6)
$
8. Capital Improvement Credit (see below) $
9. Final increase in homeowner's ownership interest: (subtract line 8 from
line 7; if negative, enter 0)
$
10. Maximum annual amount of homeowner's ownership interest: (multiply
line 4 by .02 or 2%)
$
11. Homeowner's Maximum Share of Increase in
Ownership Interest: (Multiply line 10 by the number of years that the
homeowner owned the home, using the decimal .08 to represent each full
month of an incomplete year)
$
12. Maximum Resale Price:
(add lines 1, 8, and the lesser of lines 9 and 11)
$
13 Homeowner's Share of Appreciation at Sale: (subtract line 4 from
line 12)
$
(a) The Capital Improvement Credit shall be capped at the lesser of the difference
between the pre-construction appraised value and the post-construction appraised value
of the dwelling, and the maximum amount that can be added to the chart above while
allowing the resale to remain affordable to an eligible purchaser, in compliance with
the affordability requirements of this ordinance.
E. In the case of for-rent Affordable Housing Units, the owner of the Affordable Housing
Development shall execute and record such documents as required by the Affordable Housing
Development Agreement. Such documents shall include the provisions of this ordinance and
shall provide, at a minimum, each of the following:
(1) The Affordable Housing Units shall be leased to and occupied by eligible households.
Eligible households must have gross incomes that do not exceed either 60 percent or 50
percent (as specified in the Affordable Housing Development Agreement) of the Median
Family Income for households of the same size within the Ithaca Metropolitan Statistical
Area.
(2) Households comprised solely of full-time students do not qualify as eligible households
with the following exceptions: at least one member of the household receives assistance
under Title IV of the Social Security Act; or at least one member is enrolled in a job training
program receiving assistance under the Work Force Investment Act or another similar
10
federal, state, or local program; or the household includes at least one single parent with
minor children; or all adult members of the household are married and can file joint tax
returns; or at least one member of the household has exited the foster care system.
(3) The Affordable Housing Units shall be leased at a rate such that the combined cost of
rent and utilities does not exceed either the High HOME Rent or the Low HOME Rent (as
specified in the Affordable Housing Development Agreement) for a period of 50 years
from the date of the initial Certificate of Occupancy.
(4) Subleasing of Affordable Housing Units shall be prohibited without the express
written consent of the Director of Planning and Development, which consent may not be
withheld unless the proposed sub-lease would result in a violation of the affordability
requirements of this ordinance.
F. The applicant or his or her agent shall manage and operate the Affordable Housing
Development and shall submit an annual report to the City of Ithaca identifying which units in
the Affordable Housing Development are Affordable Housing Units, the combined monthly
rent and utilities cost, or sales cost, for each unit in the development, vacancy information for
the prior year, monthly income for tenants of each for-rent Affordable Housing Unit, and other
information as may be required by the City of Ithaca while ensuring the privacy of the tenants.
The annual report shall contain information sufficient to determine whether tenants of for-rent
units qualify as eligible households and whether for-sale units are affordable to, have been sold
to, and are occupied by, eligible households.
Section 10. Penalties for Non-compliance
A. The City of Ithaca or its designee will audit each Affordable Housing Development
annually for compliance with the approved Affordable Housing Development Agreement.
B. Should the annual audit reveal non-compliance with the approved Affordable Housing
Development Agreement, the applicant will immediately remedy the non-compliance as follows:
(1) In the case of for-rent housing units, the project owner shall convert to an
Affordable Housing Unit the first market-rate unit in the Affordable Housing Development
that becomes vacant after discovery of the non-compliance. Should the property owner
repeatedly be found in non-compliance, the City of Ithaca may require, at its sole option, that
the property owner pay the applicable cash in-lieu payment that would have been required for
the project, plus interest at the current federal short term interest rate plus 3%, accruing from
the date of initial non-compliance.
11
(2) In the case of for-sale housing that is initially sold to an ineligible buyer, the applicant
will pay the applicable cash in-lieu payment that would have been required for the project,
plus interest at a rate of the current federal short term interest rate plus 3%, accruing from the
date of approval of the Affordable Housing Development Plan.
(3) In the case of for-sale housing that is sold by an income eligible owner to an ineligible
buyer, the seller will pay to the City of Ithaca the difference between the net proceeds of the
sale, as evidenced by the closing statement, and the Maximum Resale Price calculated using
the worksheet in Section 9.D.(4) above. These funds will be deposited into the Affordable
Housing Trust Fund created pursuant to Section 10 of this ordinance.
(4) In the case of for-sale housing that is leased to another household in the absence of an
approved Hardship Exemption pursuant to Section 10.C. below, or is otherwise utilized in a
manner not consistent with the requirements of this ordinance, the violation shall be deemed
an offense and shall be punishable as provided in Chapter 1 of the Municipal Code, General
Provisions, Article 1. Each day’s continued breach shall constitute a separate additional
violation. In addition, the City shall have such other remedies as are provided by law to
enforce the provisions of this ordinance.
C. Hardship Exemption for For-sale Units
The income-eligible purchaser of an affordable for-sale unit must occupy the property as their
principal residence. A one-time per owner exemption to this requirement, allowing the unit to be
leased, under certain circumstances, to another household whose income does not exceed 80% of
the Area Median Family Income, and at a rate such that combined rent and utility costs will not
exceed 30% of the gross family income. These circumstances include:
(1) Job or military transfer more than sixty (60) miles outside Ithaca city limits
(2) Divorce resulting in an inability to pay the mortgage
(3) Job loss as a result of firing or layoff
(4) Major illness within the household resulting in financial hardship
(5) Relocation to obtain medical care outside the Ithaca area
(6) Inability to sell after good faith marketing effort
All hardship exemption requests must be supported by appropriate documentation and will be
granted solely at the discretion of the Director of Planning and Development.
Section 10. Affordable Housing Trust Fund
12
All funds generated as a result of activities under this ordinance will be deposited into the
Affordable Housing Trust Fund created pursuant to Chapter 62 of the Municipal Code and will
be used to stimulate and support the development of affordable housing in the City of Ithaca.
TO: Common Council
FROM: Josephine Martell
DATE: March 3, 2016
RE: No Feeding Geese Ordinance
As part of a city-wide effort to better manage the Canada goose population and protect
our wildlife, the City of Ithaca has been working to come up with a humane management
plan that addresses the needs of our residents. Ithaca has increasingly struggled with a
burgeoning geese population on all habitable lands, which has led to considerable
human-wildlife conflict, especially around goose poop on playing fields and parklands
where people like to recreate. Geese prefer wide-open, grassy spaces near water and
Ithaca has these locations in abundance. Not only relegated to Ithaca, this has become
a widespread problem in many states across the U.S.
In the summer of 2015, a small working group was convened, as a sub group of the
Ithaca City Parks Commission, to come up with a set of recommendations for how to
address the issue of Canada Geese on city lands. Membership of the group included
Josephine Martell, Common Council and Chair; Rick Manning, Friends of Stewart Park;
Jim D’Alterio, Director of Cass Park; and Larry Fabbroni, Parks Commission member.
The group met two times and had a series of e-mail discussions. After reviewing the
literature on Canada Goose management, considering public opinion in Ithaca, reaching
out to wildlife and management experts, and examining how other communities have
dealt with this issue, the group proposed a 3-5 year pilot program.
The proposed program consists of a three-prong approach that includes egg oiling,
hazing and implementing a no feeding ordinance, as these are the three main
components of any successful, non-lethal management program. This approach is
supported by NY DEC, US FWS, and even The Humane Society of the Unites States.
The primary goal of the program is to deter the geese from staying on City lands by
making it unappealing for them and forcing them to go elsewhere. Ithaca cannot address
the increasing geese population as a whole across the US, or even NYS, so this strategy
focuses on keeping them off the City lands where they are causing the most human-
wildlife conflict. Other management options are still being considered but this is the
approach we are currently trying as information is gathered over the next few years.
The group also held an initial stakeholder meeting in early January, 2016 with a variety
of local stakeholders including NY DEC, Cornell Department of Natural Resources,
Friends of Stewart Park, Ithaca College, Ithaca High School, the State Parks, Cornell
Plantations, the Parks Commission, the City Forrester (who serves on the Parks
Commission and has been very active in the discussion all along), the Ithaca Youth
Bureau and the Director of a national program, Geese Peace. Other local stakeholders
including the Lab of Ornithology and the Cayuga Bird Club were also invited, and are
part of the discussion, but could not attend the meeting.
As a result of that meeting, the following activities were identified for the first year:
1. Create and populate a GIS map of geese nests through volunteer partnerships
2. Draft a geese management plan for the City based on the agreed outcomes
3. Draft and propose a no feeding ordinance City wide. Install signs along our waterways
and launch a PR campaign to educate public about the new rule. Parks staff to help
educate public.
4. Work with DEC in summer 2016 to band and collar geese within the City to better
determine their movements and population
5. Explore the possibility of a student intern for summer 2016 to test some hazing
methods and identify key conflict areas, and work with DEC
The No Feeding ordinance (#3) is currently before us for review. DEC strongly
encourages communities to implement a no feeding ordinance as part of a Canada
Geese management plan for a variety of reasons including that feeding water fowl leads
to poor nutrition for the birds, encourages unnatural behavior (no fear of humans),
causes over crowding, leads to costly management strategies and more. We hope to
bring this ordinance before the May Council meeting as, due to goose biology, the bulk
of goslings will hatch during the end of April and early May. If we can have signs
installed, staff ready and some well framed media and social media placement on the
issue prior to hatching, then we will be in a good position to change public- and goose-
behavior on this issue. We hope to communicate to the public how feeding is currently
hurting the geese by encouraging them to stay and providing them with poor nutrition,
which causes a series of impacts and human conflict. We intend to emphasize that by
not feeding geese, and discouraging them from public lands, the public can help us
manage the geese population and hopefully decrease it over time. The City Forester,
Jeanne Grace, feels that her staff can handle the majority of public education in the
parks around this issue.
3/3/16
Page 1 of 2
An Ordinance to Amend The Municipal Code Of The City Of Ithaca,
Chapter 164, Entitled “Dogs and Other Animals” To Prohibit the Feeding
of Waterfowl on City Property
WHEREAS, the City has been struggling with considerable human-wildlife
conflict resulting from a burgeoning geese population on habitable
lands, and
WHEREAS, the conflict between people and waterfowl is particularly
pronounced on the City’s playing fields and parklands where people
like to recreate, and
WHEREAS, feeding of waterfowl contributes to the concentration of such
birds in areas frequented by the public by encouraging birds to
congregate for food, and
WHEREAS, feeding of waterfowl can be detrimental to their health as
waterfowl can suffer from nutritional disorders, such as calcium
deficiencies and bone disease, as a result of the poor quality of food
like bread and corn that is typically fed to geese in public settings,
and
WHEREAS, feeding of waterfowl causes behavioral changes in the geese
by decreasing their fear of humans and encouraging to remain in
locations where public feeding is taking place, and
WHEREAS, the concentration of waterfowl can be destructive to lawns
and can interfere with the planned use of parklands, and the resultant
quantities of feces can create public health concerns and reduce the
aesthetic and recreational value of parks and other public property;
now, therefore,
ORDINANCE NO. ____
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca
that Chapter 164 of the Municipal Code of the City of Ithaca be
amended as follows:
Section 1. Chapter 164 of the Municipal Code is hereby amended to add
a new Article to be inserted as Article III, Waterfowl.
Section 2. Chapter 164, Article III is hereby amended to read as
follows:
Article 3: Waterfowl
§164-21 Applicability.
This article shall apply to all areas of the City of Ithaca.
§164-22 Definitions.
As used in this article, the following words shall have the
meanings indicated:
3/3/16
Page 2 of 2
WATERFOWL
Members of any and all species of wild and domestic aquatic
birds, including but not limited to ducks, geese, and swan.
§164-23 Feeding prohibited.
It shall be unlawful to provide feed, including, but not limited
to, bread, corn, and other grains, to any waterfowl on public
property. It shall be unlawful to provide feed, including, but
not limited to, bread, corn, and other grains, to any waterfowl
on private property without the prior approval of the owner of
such property.
§164-24 Enforcement; appearance ticket.
All police officers in the City shall administer and enforce the
provisions of this article and for such purpose shall have the
authority to issue appearance tickets.
§164-25 Penalties for offenses.
Except as provided in the Agriculture and Markets Law, a
violation of this article constitutes a civil offense punishable
in accordance with §1-1 of the City of Ithaca Municipal Code.
These penalties shall be in addition to any other penalties
provided by law.
Section 3. Effective date. This ordinance shall take effect
immediately and in accordance with law upon publication of notices as
provided in the Ithaca City Charter.
To: Planning & Development Committee of Common Council
From: Nels Bohn, Director of Community Development
RE: CIITAP Reform – Status Report
Date: March 3, 2016
In February, the IDA adopted the City’s revised local labor policy that requires solicitation of bids from local
construction trades and tracking of local labor participation on all new CIITAP projects.
It may be helpful to review the remaining issues that need to be resolved to finalize reforms to the CIITAP
policy. Based on PEDC comments on the CIITAP Reform Committee’s proposal, it appears that the following
issues should be addressed:
1. Incorporate and calibrate the CIITAP Community Benefit Fund in the standard incentive package
(See separate memo)
2. Finalize the number and length of incentive packages
(Reform Committee’s proposal contains a 7-year, a 10-year, and a 12-year tax abatement incentive
package)
3. Decide if achieving at least one “enhanced” benefit is voluntary or mandatory
(Enhanced benefits are voluntary in the Reform Committee’s proposal)
4. Confirm CIITAP Reform Committee’s recommendation regarding approaches to (a) energy
sustainability, (b) diversity & inclusion and (c) living wages
(Several written comments were submitted on these topics)
5. Determine if demonstration of financial need should be required for all CIITAP projects
(Reform Committee required financial need for incentive packages exceeding 7 years)
6. Consider if certain types of projects should be exempted from certain CIITAP obligations
(Very small projects or projects in locally-designated historic districts)
Ithaca
Urban
Renewal
Agency
Mayor’s Charge to CIITAP Reform Committee
Deliver recommended reforms to the CIITAP to the Common Council that will:
1. Retain the program as an effective tool to incentivize smart growth and
discourage sprawl
2. Improve the program’s ability to deliver broad community benefits that
may including:
• An increased use of local labor
• An increase in living wage job creation
• More environmentally friendly building
• Increased economic opportunities for people of all backgrounds
Page 1 of 3
To: Seph Murtagh, Chairperson
Planning & Economic Development Committee of Common Council
From: Nels Bohn, Director of Community Development
Jennifer Kusznir, Economic Development Planner
RE: CIITAP Community Benefit Fund
Date: March 4, 2016
At the January PEDC meeting, strong support was expressed to include a requirement that CIITAP
projects contribute funding into a locally-controlled community benefit fund. Funds received would be
competitively awarded as grants for a variety of community development activities, including childcare,
transportation demand management, job readiness and skill development, affordable housing, and
diversity & inclusion initiatives.
The City Attorney has indicated that inclusion of a funding requirement into a community benefit fund is
legally defensible as a component of the voluntary CIITAP program.
Analysis
Staff recommends that the contribution amount be pegged to a percentage of the project value, so that
the contribution amount increases as the project value increases. Staff has analyzed contributions at
1% and 2% of project value in the tables below. The 2% level yields a substantially higher contribution,
to address community needs, but a large upfront contribution may reduce financial feasibility of the
project.
To retain CIITAP as an effective incentive, the abatement schedule should be revised to increase the
savings to the developer to offset the new cash contribution required in year #1. Therefore, the
incentive package for a 2% contribution should provide a deeper subsidy than the package for a 1%
contribution. Listed below are various alternative abatement schedule formulas examined. The tables
below summarize the impact of each formula at a contribution level of 1% and 2%, respectively. Right-
hand columns identify whether the upfront cash contribution will be recouped over the duration of the
abatement and how the net financial incentive package compares to the standard 10-year declining
abatement schedule. If the “Change in Net Present Value” column is negative, then the developer will
not recoup the cash contribution via the enhanced abatement schedule.
Alternative Abatement Schedule Formulas
Option A: Status Quo, 10-Year Declining Abatement schedule – No Community Benefit Funding
Option B: Community funding/10-Year Declining Abatement Schedule
Option C: Community funding/2 Years @ 100% Abatement, then declining equally over 8 years
Option D: Community funding/3 Years @ 100% abatement, then declining equally over 7 years
Option E: Community funding/3 Years @ 100% abatement, then decline equally starting at 70% in
year #4
Page 2 of 3
CIITAP Community Benefit Fund: 1% of Project Value
Abatement
Formula
Cash Contribution Based on Project
Value
Years to Recoup Cash
Contribution
Change in Net Present
Value of Inducement vs.
Status Quo 10-Year
Abatement $5MM $10MM $20MM
A $0 $0 $0 NA 0
B $50,000 $100,000 $200,000 NO (6%)
C $50,000 $100,000 $200,000 5 3%
D $50,000 $100,000 $200,000 3 12%
E $50,000 $100,000 $200,000 3 0%
At a 1% contribution level, Option “E” is optimum as it allows the developer to recoup the contribution
expense while yielding an equivalent financial benefit to a the current 10-year abatement without a cash
contribution.
CIITAP Community Benefit Fund: 2% of Project Value
Abatement
Formula
Cash Contribution Based on Project
Value (2-year pay out)
Years to Recoup Cash
Contribution
% Change in Net
Present Value of
Developer Savings vs.
Status Quo 10-Year
Abatement
$5MM $10MM $20MM
A $0 $0 $0 NA 0
B $100,000 $200,000 $400,000 NO (11%)
C $100,000 $200,000 $400,000 NO (2%)
D $100,000 $200,000 $400,000 5 6%
E $100,000 $200,000 $400,000 NO (5%)
At a 2% contribution level, Option “C” best achieves the objective to recoup the contribution through an
enhanced abatement schedule without increasing the developer’s savings. It should be noted, that
applying the Option “C” formula with a 2% cash contribution, the developer never recoups the full value
of their cash contribution and the tax savings in the first year is reduced by the size of the cash
contribution, just at the time when a typical project is leasing up and at greatest risk of experience a
cash flow problem. For this reason, it would make sense to allow a 2% cash contribution to be paid out
over two years instead of a full payment in year #1.
Recommendation
Staff recommends that the developer be required to make a contribution equal to 1% of project value to
the CIITAP Community Benefit Fund and the tax abatement schedule be enhanced to offset the upfront
project expense to ensure that the program continues to act as an effective tool to incentivize smart
growth. We recommend the abatement schedule be revised to provide 100% abatement on new value
for the first 3 years, reset to a 70% abatement level in year #4 then declining in equal increments for the
remainder of the abatement term.
Page 3 of 3
A $10 million CIITAP project would generate a $100,000 contribution from the developer under this
recommendation.
Following is the recommended 10-year abatement schedule (Option “E”) for a 1% contribution:
Year 1 2 3 4 5 6 7 8 9 10
% Taxes Abated 100% 100% 100% 70% 60% 50% 40% 30% 20% 10%
A 2% contribution level would yield twice as much funding to support community needs, but a large
upfront cash contribution may also decrease economic feasibility of the project. This would be
especially problematic if new additional costly requirements are required on the project beyond what
has been recommended by the CIITAP Reform Committee. Should no further significant project
expenses be imposed, then it may be appropriate to increase the contribution level to 2% of project
value (and adopt the Option “C” abatement schedule).
END
Attachments: detailed scenario comparisons
CIITAP Community Benefit Fund = 1% of Project Value
Duration: 10 years
Community Funding: none Net Present
Formula: decline equally over duration Value
Year 12345678910Total(5% discount rate)
% Taxes Abated 100%90%80%70%60%50%40%30%20%10%
Total New Taxes Paid ‐$ 18,289$ 36,577$ 54,866$ 73,155$ 91,444$ 109,732$ 128,021$ 146,310$ 164,599$ 822,994$
City New Taxes Paid ‐$ 6,445$ 12,890$ 19,335$ 25,780$ 32,225$ 38,670$ 45,115$ 51,560$ 58,005$ 290,025$
CIITAP Community Benefit
Fund (none) ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$
Savings to Applicant 182,887$ 164,599$ 146,310$ 128,021$ 109,732$ 91,444$ 73,155$ 54,866$ 36,577$ 18,289$ 1,005,881$ $833,332
Duration: 10 years
Community Funding: yes Net Present
Formula: decline equally over duration Value
Year 12345678910Total(5% discount rate)
% Taxes Abated 100%90%80%70%60%50%40%30%20%10%
Total New Taxes Paid ‐$ 18,289$ 36,577$ 54,866$ 73,155$ 91,444$ 109,732$ 128,021$ 146,310$ 164,599$ 822,994$
City New Taxes Paid ‐$ 6,445$ 12,890$ 19,335$ 25,780$ 32,225$ 38,670$ 45,115$ 51,560$ 58,005$ 290,025$
CIITAP Community Benefit
Fund (1% of project value) 50,000$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ 50,000$
Savings to Applicant 132,887$ 164,599$ 146,310$ 128,021$ 109,732$ 91,444$ 73,155$ 54,866$ 36,577$ 18,289$ 955,881$ $785,713
Years to Recoup CIITAP Community Benefit Fund Payment: NO
Duration: 10 years
Community Funding: yes Net Present
Formula: 2 Years at 100%, then decline equally over 8 years Value
Year 12345678910Total(5% discount rate)
% Taxes Abated 100%100%89%78%67%56%44%33%22%11%
Total New Taxes Paid ‐$ ‐$ 20,118$ 40,235$ 60,353$ 80,470$ 102,417$ 122,535$ 142,652$ 162,770$ 731,550$
City Taxes Paid ‐$ ‐$ 7,090$ 14,179$ 21,269$ 28,358$ 36,092$ 43,182$ 50,271$ 57,361$ 257,800$
CIITAP Community Benefit
Fund (1% of project value) 50,000$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ 50,000$
Savings to Applicant 132,887$ 182,887$ 162,770$ 142,652$ 122,535$ 102,417$ 80,470$ 60,353$ 40,235$ 20,118$ 1,047,325$ $859,170
Change from Status Quo (50,000)$ 18,289$ 16,460$ 14,631$ 12,802$ 10,973$ 7,315$ 5,487$ 3,658$ 1,829$ 41,444$
Years to Recoup CIITAP Community Benefit Fund Payment: 5
Duration: 10 years
Community Funding: yes Net Present
Formula: 3 Years at 100%, then decline equally over 7 years Value
Year 12345678910Total(5% discount rate)
% Taxes Abated 100%100%100%88%75%63%50%38%25%13%
Total New Taxes Paid ‐$ ‐$ ‐$ 21,946$ 45,722$ 67,668$ 91,444$ 113,390$ 137,166$ 159,112$ 636,448$
City New Taxes Paid ‐$ ‐$ ‐$ 7,734$ 16,113$ 23,847$ 32,225$ 39,959$ 48,338$ 56,072$ 224,286$
CIITAP Community Benefit
Fund (1% of project value) 50,000$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ 50,000$
Savings to Applicant 132,887$ 182,887$ 182,887$ 160,941$ 137,166$ 115,219$ 91,444$ 69,497$ 45,722$ 23,775$ 1,142,426$ $932,381
Change from Status Quo (50,000)$ 18,289$ 36,577$ 32,920$ 27,433$ 23,775$ 18,289$ 14,631$ 9,144$ 5,487$ 136,545$
Years to Recoup CIITAP Community Benefit Fund Payment: 3
Duration: 10 years
Community Funding: yes Net Present
Formula: 3 Years at 100%, then decline equally starting at 70% in year #4 Value
Year 12345678910Total(5% discount rate)
% Taxes Abated 100%100%100%70%60%50%40%30%20%10%
Total New Taxes Paid ‐$ ‐$ ‐$ 54,866$ 73,155$ 91,444$ 109,732$ 128,021$ 146,310$ 164,599$ 768,127$
City New Taxes Paid ‐$ ‐$ ‐$ 19,335$ 25,780$ 32,225$ 38,670$ 45,115$ 51,560$ 58,005$ 270,690$
CIITAP Community Benefit
Fund (1% of project value) 50,000$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ 50,000$
Savings to Applicant 132,887$ 182,887$ 182,887$ 128,021$ 109,732$ 91,444$ 73,155$ 54,866$ 36,577$ 18,289$ 1,010,747$ $833,899
Change from Status Quo (50,000)$ 18,289$ 36,577$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ 4,866$
Years to Recoup CIITAP Community Benefit Fund Payment: 3
Prepared by N. Bohn, 2/29/16
Option E ‐ 3 Years @ 100% Abatement plus Community Funding
Alternative 10‐Year Abatement Formulas to Incorporate a CIITAP Community Benefit Fund
5 Million Dollar Project
Option A ‐ Status Quo, 10‐Year Declining Abatement
Option B ‐ Status Quo plus Community Funding
Option C ‐ 2 Years @ 100% Abatement plus Community Funding
Option D ‐ 3 Years @ 100% Abatement plus Community Funding
Backyard Chickens
The city of Ithaca is considering a two-year pilot program that would allow 20 City of
Ithaca residences to keep backyard chickens.
Regulation Summary
Maximum of four hens per 3,000 square foot lot
Roosters and Guinea Fowl are prohibited
Chickens must always be contained within a coop or enclosure
Chickens are not allowed to run at large
Chicken coops must be at least 20 feet from the primary lot structure and at least 5
feet from any abutting residential property line
Applicants must complete a seminar regarding the care of backyard chickens from
the Cornell Cooperative Extension Office
Applicants must sign an affidavit through the City Clerk’s office as part of the
registration
If at any time a permit is revoked, or the owner is unable to care for their hens, the
Cornell Cooperative Extension Office will work with the owners to rehome the
hens.
Additional information for residences in the pilot program:
Permit Process:
There is a one-time $35 registration fee, paid to the Ithaca City Clerk’s office
It is recommended to work with Cornell Cooperative Extension Office staff for
any questions or guidance related to coop construction and general chicken
keeping.
City of Ithaca
Chicken Keeping Registration Formz
108 E Green Street, Ithaca, NY 14850
607-274-6570
Owner’s Name________________________________________________________Phone ______________________
(Owner must be 18 years of age or over)
Address _______________________________________________________City__________________Zip__________
Date of completion of chicken keeping seminar:
(Attach copy of certificate)
[ ] Chicken Keeping Registration Fee: $35.00
Make checks payable to: City of Ithaca
Affidavit
1. I agree that I will only keep 4 hens per 3,000 square foot lot.
2. I understand that this registration is valid for the duration of the two year pilot program and no
longer.
3. I understand that any violations of the City’s chicken keeping legislation constitutes a civil offense
enforceable by the Ithaca Police Department.
4. I understand that 3 or more complaints can result in a revocation of my registration, as determined
by Cornell Cooperative Extension staff who will notify me, and informt the City Clerk, and may be in
consultation with Cornell Cooperative Extension staff and the Ithaca Police Department. of the
revocation.
5. I understand that the Cornell Cooperative Extension can assist me in re-homing my chickens if
necessary to do so for any reason.
6. I certify that I have completed the chicken keeping seminar conducted by the Cornell Cooperative
Extension.
7. I understand that any complaints resulting from my chicken keeping will be referred to the Ithaca
Police Department.
8. I understand that any questions I may have or my neighbors may have about general chicken
keeping and management will be directed to the Cornell Cooperative Extension.
9. If spayed or neutered, a veterinarian’s certificate is required. If you have acquired an older dog
and have no records, a veterinarian can examine the animal and sign an affidavit as to whether it
was spayed or neutered.
10.9. Chickens can be registered in person during regular office hours: 8:30 am – 4:30 pm, Monday -
Friday, or by mail with a copy of the chicken keeping seminar certificate and a check in the amount
of $35. If registering by mail, please make checks payable to the City of Ithaca, include a self-
addressed, stamped envelope, and mail to the City Clerk’s Office, 108 E. Green Street, Ithaca, NY
14850.
Owners Signature:_____________________________________________________________ Date:_______________
ORDINANCE __-2015
An Ordinance Amending Chapter 164 of the City of Ithaca Municipal Code
WHEREAS, Chapter 164 of the City of Ithaca Municipal Code prohibits the keeping of
chickens in the City, and;
WHEREAS, the City has received requests from citizens to allow chickens in backyard
coops and there is an active backyard chicken movement within the City, and;
WHEREAS, chicken keeping is part of a larger sustainability trend to allow citizens to
grow their own foods – including fruits, vegetables and honey production – by reducing
barriers, which restrict local food production. These sustainability trends are congruent
with the City’s Comprehensive Plan goals, such as support for our community gardens
and active living initiatives, and;
WHEREAS, the Common Council desires to enable the keeping of backyard chickens in
the City; 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 backyard chickens, if
properly maintained, can prove a positive initiative for the City, promoting food
sustainability, increasing animal welfare and providing fresh eggs free from pesticides
and chemicals, without presenting a nuisance to neighboring residents or properties.
Section 2. Amendments to Section 164-2(B).
Section 164-2(B) shall be amended to read as follows:
Exception. This section shall not apply to the keeping of chickens to the extent
authorized by Article III of this Chapter, nor to any educational, scientific or research
institution maintaining, with adequate safeguards as to public health, safety, comfort and
convenience, any animals or other creatures for scientific, medical or other research
purposes.
Section 3. Amendments to Section 164-4
Section 164-4 shall be amended to read as follows:
Except as provided in the Agriculture and Markets Law, a violation of this article
constitutes a civil offense punishable in accordance with § 1-1 of the City of Ithaca
Municipal Code except that the unlawful keeping of chickens in the City shall be
punishable as follows:
(a) $250 for the first violation:
(b) $500 for the second violation: and
(c) $750 for the third or subsequent violation.
These penalties shall be in addition to any other penalties provided by law.
Section 4. Creation of Article III to Chapter 164
An Article III of Chapter 164 is hereby created as follows:
Article III: Backyard Chickens
164-21: Definitions
Lot: As defined in section C-73(C)(1) of the City Charter.
Lot Square Footage: As defined in section C-73(C)(1) of the City Charter.
Property Class Code: As defined in section C-73(C)(1) of the City Charter.
Rear Yard: As defined in section 325-3 of the City Code.
164-22 Backyard Chickens
The prohibition against keeping chickens in this Chapter shall, during a two-year pilot
program that shall expire on May 1, 2018, not apply to up to twenty pilot applicants
approved for the keeping of up to four female chickens (hens) per 3,000 Square Foot Lot
while the animals are kept in such a manner that all requirements of this Article are
satisfied.
164-23: Requirements for Keeping Chickens
A. Chickens may only be kept on those Lots with a Property Class Code of 210, 215,
220, 240, 250, or substantially identical successor designations.
B. Chickens may only be kept on those Lots possessing a Lot Square Footage of not
less than 3,000 square feet.
C. No chicken facility or any structure that houses chickens or any fenced pen area,
either temporarily or permanently, shall be located within any of the following
prohibited areas:
1. Within the setback requirements of the zone in which it is located;
2. Within twenty feet of any adjacent Lot’s residential principal structure or
accessory structure that contains a residential unit, or within five feet of
any principal structure on the Lot housing the chickens; and
3. Within five feet from any abutting residential property line, unless the
adjacent owner agrees in writing to a lesser setback.
D. Chickens may only be kept by a domiciliary of a dwelling unit located on the Lot
on which the chickens are kept.
E. Chickens must be kept in and confined in a properly designed and constructed
coop or chickenhouse, or a fenced and covered enclosure, that is at least 4 square
feet per chicken in size, which additionally includes a run. Each covered coop
Commented [AL1]: Using PCC's here will be very exact‐
‐which is good‐‐but recognize that various PCC‐classified
single‐ and two‐family homes do house 3+ families (and
perfectly legally so).
Commented [AL2]: Using PCC's here will be very exact‐
‐which is good‐‐but recognize that note that various PCC‐
classified single‐ and two‐family homes do house
3+multiple families (and perfectly legally so).
Commented [AL3]: For definitions, see
http://www.tax.ny.gov/research/property/assess/manu
als/prclas.htm#residential.
Commented [AL4]: This means it must be their primary
residence…
and run combined shall be located in, and shall not cover more than 50% of, the
Rear Yard of the Lot.
F. It shall be unlawful for any person to allow hens to run at large upon the streets,
alleys or other public places of the City, or upon the property of any other person.
G. During daylight hours the adult chickens shall have access to the chicken coop
and, weather permitting, shall have access to an outdoor enclosure on the subject
property, adequately fenced to contain the chickens and to prevent access to the
chickens by dogs and other predators.
H. Chicken feed must be in rodent resistant and weather proof containers.
I. A chicken coop, and the premises where the chicken coop is located, shall be
maintained in a condition such that the facility or chickens do not produce noise
or odor that creates a nuisance for adjoining Lots and the responsible domiciliary
and the owner shall remove any odorous or unsanitary condition. The Lot owner
shall be responsible for the repair on any adjoining Lot of any damage caused by
the chickens, including but not limited to damage to dwellings, structures and
yards, and shall be responsible for any unsafe condition.
J. The person keeping the chickens shall abide by all Solid Waste Storage and
Collection standards of the City's Exterior Property Maintenance Code, §331-7.
K. Roosters and Guinea Fowl are expressly prohibited, regardless of the age or
maturity of the bird.
L. Pilot registration pursuant to Section 164-24 is required for the keeping of
chickens.
M. Approved pilot registrants must complete a seminar regarding the care of
chickens in an urban environment from the Cornell Cooperative Extension Office,
or similarly qualified organization acceptable to the Clerks Office.
164-24: Pilot Registration Process and Parameters.
A. No more than twenty pilot registrations for the keeping of chickens shall be
approved under this Article III.
B. Registration shall take place at the City of Ithaca Clerk’s Office upon submission
of a $35 registration fee, and verification of a completed chicken-keeping
seminar.
C. The City Clerk may revoke registration for a specific site via written notice to the
property owner when the City Clerk or designee finds, at his or her sole
discretion, that any requirements of this Article are not met, a rebuttable
presumption of which shall be created by (a) a record of three or more complaints
to the Ithaca Police Department about a specific site’s chickens, (b) on the
recommendation of Cornell Cooperative Extension, or (c) on the recommendation
of the Ithaca Police Department. Upon revocation, the City Clerk shall notify the
owner in writing of the same, in compliance with sub-section 164-25, and if the
revocation stands, the owner must remove the hens from the property in
coordination with such assistance as may be available from the Cornell
Cooperative Extension Office, who may assist with rehoming them.
D. The City Clerk and Police Department shall, at least three months prior to the
expiration of the pilot program, report to a Committee of the Common Council on
the status of the pilot program.
E. Should the pilot program not be extended after the two-year period, Cornell
Cooperative Extension Office may help rehome the hens in the program.
164-25: Remedies Not Exclusive.
The remedies provided by this Article are cumulative and not mutually exclusive and are
in addition to any other rights, remedies, and penalties available to the City under any
other provision of law.
A. Any chickens that are not kept as required in this Article shall be deemed a public
nuisance and the owner or custodian shall be given thirty days to rectify the
conditions creating the public nuisance. In any case in which the City intends to
correct a violation of this chapter, including removing and confiscating any chickens
present, and then bill the property owner for the correction of the violation, the City
Clerk or his/her designee shall notify the owner of the property and, where relevant,
the registered agent who has assumed responsibility as outlined in § 178-5 of this
Code, in writing, of any violation of this chapter.
B. Any notice required by this section shall be served in person or by mail to the address
appearing on the City tax roll, requiring such person, within a time specified in such
notice but in no event less than thirty days from the service or mailing thereof, to
comply with this chapter and to abate the nuisance and, as appropriate, to remove the
chickens. Such notice shall also state that the property owner may contest the finding
of the City Clerk by making a written request to have a hearing on the matter held at
the next regularly scheduled meeting of the Board of Public Works.
C. Any request for such a hearing must be mailed and postmarked or personally
delivered to the City Clerk within fourteen days of the service or mailing of notice,
and any such written request for a hearing shall automatically stay further
enforcement concerning the alleged violation pending such hearing. The decision of
the Board of Public Works, by majority vote, shall be binding, subject to any further
judicial review available to either the City or the property owner.
D. Upon the failure of a property owner to comply with the notice of violation of this
chapter (or, alternatively, to request a hearing as aforesaid within the time limit stated
in such notice, or upon a Board of Public Works’ determination, after such a hearing,
that a violation exists), the City Clerk shall refer the matter, by memorandum, to the
Superintendent of Public Works, who shall cause such premises to be put in such
condition as will comply and shall charge the cost thereof to the owner of said
premises, including a charge of 50% for supervision and administration. The
minimum charge to the property owner for such work shall be $50.
E. The City Chamberlain shall promptly present to the owner of any parcel so corrected
a bill rendered for such services, as certified by the Superintendent of Public Works.
If not paid within 30 days, the cost thereof shall be assessed against the property,
added to its tax and become a lien thereon, collectible in the same manner as
delinquent City taxes. Appeals from this section shall only be permitted if written
notice of appeal is received by the Ithaca City Clerk within 45 days after the mailing
of the bill from the Chamberlain, and such appeals shall be taken to the Board of
Public Works.
Section 5. 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 portions of this Ordinance.
Section 6. Effective Date. This ordinance shall take effect immediately upon publication
as provided for in the City Charter.
City of Ithaca
Planning & Economic Development Committee
Wednesday, February 10, 2016 – 6:00 p.m.
Common Council Chambers, City Hall, 108 East Green Street
Minutes
Committee Members Attending: Joseph (Seph) Murtagh, Chair; Graham
Kerslick, Ducson Nguyen, Cynthia Brock, and
Josephine Martell
Committee Members Absent: None
Other Elected Officials Attending: Mayor Svante Myrick (arrived at 6:15 p.m.)
Staff Attending: JoAnn Cornish, Director, Department of
Planning, Building, Zoning, and Economic
Development; Jennifer Kusznir, Senior
Planner; Megan Wilson, Senior Planner;
Addisu Gebre, City Bridge Engineer; Mike
Thorne, Superintendent of Public Works;
Debbie Grunder, Executive Assistant
Others Attending: Delta Engineers
Chair Seph Murtagh called the meeting to order at 6:00 p.m.
1) Call to Order/Agenda Review
There were no changes made to the agenda.
2) Public Comment and Response from Committee Members
Tom Schelley, 118 East Court Street, is a CAC member. Their group supports
Alternative 2 for the Brindley Street Project. He also stated again his support of the
backyard chicken pilot program. He also encouraged the City to allow those who
are already raising chickens in the City be allowed to keep doing so.
Alderperson Brock reported on a public meeting where the City will reveal results of
a traffic study on Spencer Road and surrounding streets that will take place on
Thursday, February 11, 2016 at 6:00 p.m. at the Oasis Fellowship Church at 808
East Meadow Street Extension. The City’s Engineering Office will present a
number of sketches and ideas developed from findings of a public meeting a year
ago.
3) Special Order of Business
a) Public Hearing – Temporary Mandatory Planned Unit Development for
the Waterfront
Alderperson Brock moved to open the public hearing; Alderperson Kerslick
seconded it. Passed unanimously.
No one from the public spoke during the public hearing.
Alderperson Brock moved to close the public hearing; Alderperson Kerslick
seconded it. Passed unanimously.
b) Public Hearing – Changes to Cell Tower Ordinance
Alderperson Brock moved to open the public hearing; Alderperson Martell
seconded it. Passed unanimously.
Chair Murtagh read into the record a letter submitted by David Lubin also
attached to these minutes.
Alderperson Brock moved to close the public hearing; Alderperson Martell
seconded it. Passed unanimously.
c) Presentation – Brindley Street Bridge
Delta Engineers and the City Engineering Office presented the Brindley Street
Bridge project. The current bridge will be converted to a two-lane bridge with
sidewalks. The old bridge will remain for bicycles and walkers.
Two alternative approaches to the project were suggested in December 2015.
Alternative 1 uses the current route with a $2.43M price tag; Alternative 2
plans to extend Taughannock Boulevard and bypass Brindley Street entirely
and carries a price tag of $2.59M. This Alternative would require a longer
bridge with structured support and improvements to the intersection.
Alternative 2 will be carried forward for site-plan review. The environmental
review will be completed at the end of summer 2016. Construction will take
place in 2018.
Alderperson Kerslick recalled an Alternative III which is not being considered
this go round. The two alternatives are the two shortest in span of completion.
Alderperson Brock stated that Alternative 1 is $2.4M and Alternative 2 is
$2.6M. She asked whether any utilities, etc. will be replaced during this
project. Alternative 2 is highway-like which is not a favorite of many people.
The fear is this may be used as a buy pass to get around Buffalo St.
There is a change in funding source since the last time the project was
reviewed. 80% federal, some state money not yet determined, and some
from the City.
The current Brindley bridge will be changed to just a pedestrian bridge.
4) Announcements, Updates, and Reports
CIITAP will be coming back to this committee next month.
Inclusionary zoning will also be brought forward next month.
There are a few vacancies on the Natural Areas Commission.
A community meeting for the Western MLK project will be coming soon as well
as a community meeting for the pedestrian walk way.
5) Action Items (Voting to Send onto Council)
a) Request for Neighborhood Improvement Incentive Funds – South Hall
Civic Association Website
Moved by Alderperson Martell; seconded by Alderperson Kerslick.
Failed 5-0.
This is no longer a ‘funded’ program as in the past. The program is funded now
from the Planning Development Department.
This request is not a typical funding request since in the past, funding was
provided for community events, etc., not hiring a consultant to design website.
Alderperson Brock stated that websites take a time commitment to keep up-to-
date and maintained. When neighborhoods change over time, this may not
remain active.
It was suggested that a social media page would provide exactly what a website
can without the cost involved.
RESOLUTION: Request for Neighborhood Improvement Incentive Funds for the South Hill
Civic Association Website
WHEREAS, the City of Ithaca Common Council established the Neighborhood Improvement
Incentive Fund in 1995 to provide financial assistance to city residents seeking to
improve the quality of life in their neighborhoods, and
WHEREAS, the fund is intended to support residents' interest in community improvement and to
encourage, not replace volunteerism, and
WHEREAS, the funds are intended to be used for projects or events that provide a general
neighborhood benefit and not for the limited benefit of individuals or a select few
residents, and
WHEREAS, activities specified by the Common Council as eligible for the funding include but are
not limited to neighborhood clean ups, plantings in public places, and neighborhood
events like neighborhood block parties or meetings, and
WHEREAS, neighborhood groups are required to submit a completed application specifying other
project donations, estimated volunteer hours, estimated costs to be covered by the fund
and signatures of residents in the immediate neighborhood, and
WHEREAS, to streamline the process the Common Council has delegated authority to approve
applications to the Planning & Economic Development Committee, and
WHEREAS, each neighborhood group is eligible to receive up to $300 per year as a reimbursement
award payable on the submission of original receipts or invoices for approved activities,
and
WHEREAS, the City cannot reimburse residents for sales tax expenses, and
WHEREAS, on behalf of the South Hill Civic Association (SHCA), John Graves has submitted an
application for reimbursement funds to offset $300.00 in expenses from the creation of
the SHCA’s website, and
WHEREAS, the creation of the SHCA website will further the group’s efforts to communicate with
diverse groups of residents and encourage their involvement in neighborhood activities;
now, therefore, be it
RESOLVED, that the Planning and Economic Development Committee approves the funding request
from John Graves in the amount of $300.00 for reimbursement upon presentation of
original invoices and/or receipts.
b) Temporary Mandatory Planned Unit Development for the Waterfront
An Ordinance to Amend the Municipal Code of the City of Ithaca,
Chapter 325, Entitled “Zoning” to Create a Temporary Mandatory
Planned Unit Development (TMPUD) Zone in the Waterfront Study
Area – Declaration of Lead Agency
Moved by Alderperson Brock; seconded by Alderperson Kerslick.
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
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 proposal to Create a Temporary Mandatory Planned Unit
Development (TMPUD) Zone in the Waterfront Study Area.
Draft Resolution
1/28/16
An Ordinance to Amend the Municipal Code of the City of Ithaca,
Chapter 325, Entitled “Zoning” to Create a Temporary Mandatory
Planned Unit Development (TMPUD) Zone in the Waterfront Study
Area – Declaration of Environmental Significance
Moved by Alderperson Brock; seconded by Alderperson Kerslick.
Passed unanimously.
1. WHEREAS, The Common Council is considering a proposal to
create a Temporary Mandatory Planned Unit Development
(TMPUD) Zone in the Waterfront Study Area, and
2. WHEREAS, the appropriate environmental review has been
conducted, including the preparation of a Full
Environmental Assessment Form (FEAF), dated January 26,
2016, and
3. WHEREAS, the proposed action is a “Unlisted” Action under
the City Environmental Quality Review Ordinance, and
4. 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 January 26, 2016, 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.
ORDINANCE NO.
Moved by Alderperson Martell; seconded by Alderperson Kerslick. Passed
Unanimously.
Any project first comes to the Planning Committee for approval of the concept.
Then the Planning Board will handle the site-plan view process with Common
Council having the final say.
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca
that the City does hereby establish a Temporary Mandatory Planned Unit
Development (TMPUD) District for the Waterfront Study Area as follows:
Section 1. Chapter 325 of the City of Ithaca Municipal Code is hereby amended to
add the following section:
§ 325-13. Temporary Mandatory Planned Unit Development (TMPUD) District
7) Declaration of Legislative Authority. This Planned Unit Development
(PUD) Ordinance is being enacted pursuant to the authority established in the
New York State General City Law § 81-f.
8) Purpose and Intent.A Temporary Mandatory Planned Unit Development
District (TMPUD) is hereby established, for a period up to 18 months from
the effective date of this ordinance, it being the intent of the Common Council
that during that time the City will adopt land use regulations to implement a
waterfront plan, the adoption of which regulations shall repeal this ordinance,
or shall amend this ordinance to render the TMPUD non-mandatory.
The purpose of this TMPUD is to provide the Common Council with transitional
oversight for potential development projects in order to ensure that development
in the waterfront study area supports the goals of the City’s Comprehensive Plan,
which may differ from the pre-existing zoning in this area. This is intended to
allow the Common Council a reasonable period of time in which to establish a plan
for the waterfront study area and to adopt compatible zoning standards.
Under this ordinance, the Common Council intends to employ the recommendations
established in the Comprehensive Plan when determining whether to approve a
proposed development in the waterfront study area. The TMPUD will mandatorily
apply to proposals for new construction or for development proposals that will
change an existing building footprint by more than 50%, but shall not apply to any
other construction or development, which shall remain subject to otherwise-applicable
zoning ordinance.
9) Background.
1. In September of 2015, the Common Council adopted Plan Ithaca, as
Phase I of the City of Ithaca’s Comprehensive Plan. This plan identifies
the desired future land uses in the City, as well as areas where
development is anticipated and encouraged, identifying community
goals and recommendations for achieving these goals.
2. On August 17, 2015, the City of Ithaca Comprehensive Plan Committee
submitted a written recommendation to the City that included
developing a plan for the waterfront as a priority for the next phase of
the City’s Comprehensive Plan.
3. In November of 2015, the Planning and Economic Development
Committee of the Common Council directed Planning Staff to begin
working on a waterfront development plan as a part of the next phase
for the Comprehensive Plan. The existing developable land along the
City’s waterfront is currently zoned WF-1, WF-2, SW-2, P-1, and I-1.
The City Comprehensive Plan identifies the goals for the Waterfront Mixed Use
area as the creation of a mixed use district, including commercial, and housing,
with an emphasis on uses that create an active waterfront environment.
The City Comprehensive Plan further notes that “new development should protect
view sheds and allow public access to the waterfront. Pedestrian and bicycle
connections should be improved, particularly to adjacent mixed use areas.
Developable space in the waterfront area is at a premium and reducing the impacts of
parking in new development should be carefully considered.”
The City Comprehensive Plan also identifies the adjacent areas that are
currently zoned industrial as having potential for additional development and
employment opportunities. The waterfront study is intended to guide the City’s
decisions as to where and what type of development is appropriate, which will be
determined by the Waterfront Development Plan currently being undertaken.
4. In 2014, the City adopted a floating PUD that could be used in any I-1 Zoning
District. A PUD allows for flexibility in planning and design, while through the
process of review and discussion, ensures efficient investment in
development that, among others, forwards a City’s comprehensive plan.
Because the zoning in this area is in transition, the temporary mandatory
PUD will enable development to continue during the crafting of new land use
regulations, subject to Common Council’s oversight.
10) Effective Period
This TMPUD shall be in effect, within the boundaries described in Subsection E,
herein, for a period of eighteen (18) months from the effective date of this
ordinance, as described in Section 4, herein.
11) Affected Properties and Boundaries of the TMPUD
1. All new construction and any construction that enlarges the footprint or
total floor space of an existing building by 50% or more will be subject to
the TMPUD under this ordinance, and—absent compliance with the
TMPUD—shall not be entitled to proceed in reliance on pre-existing land
use regulations, which absent the TMPUD might or would have enabled
their construction. Any changes to existing structures that do not enlarge
the footprint or total floor space of an existing building by 50% are not
subject to the TMPUD and remain subject to the pre-existing underlying
zoning.
2. The TMPUD shall be located in the waterfront study area, whose
boundaries can be seen on the map entitled Proposed Waterfront Study
Area-dated 12/9/2015.
12) Permitted Principal and Accessory Uses.
In the TMPUD, buildings and land may be for uses which the Common Council
may pursuant to TMPUD application authorize, including Council’s consideration and
potential authorization of development restrictions such as yard size, height
restriction, building coverage, and lot size,. In addition, the Common Council may
impose any conditions or limitations that are determined to be necessary or
desirable to ensure that the development conforms with the City Comprehensive
Plan, including limiting the permitted uses, location and size of buildings and
structures, providing for open space and recreational areas, requiring acoustical or
visual screening, construction sequencing, and requiring bonds or other
assurances of completion of any infrastructure to be built as part of the
development.
13) Site Plan Approval.
No structure shall be erected or placed within the TMPUD, no building permit
shall be issued for a building or structure within the TMPUD, and no existing building,
structure, or use in the TMPUD shall be changed, unless the proposed building
and/or use is in accordance with a site plan approved pursuant to the provisions of
Chapter 276 of the City of Ithaca Code.
14) Criteria.
Common Council will consider an application for any development within the
TMPUD on the following criteria, among others:
1. Is the project in accordance with the City Comprehensive Plan, which
specifically lists the following:
i. Promoting mixed use development, including commercial
and housing
ii. Emphasizing waterfront activities
iii. Reducing impacts of parking
iv. Providing for additional employment opportunities
v. Promoting public access to the waterfront
vi. Enhancing and preserving any environmentally sensitive
areas
15) Application Process.
Any applicant seeking approval of a TMPUD, will be subject to the application
process established in Subsection 12(G) of this Chapter, without regard therein to
any references to underlying zoning or alternate processes.
16) Additional Requirements.
For any new construction in the TMPUD, the Common Council may impose
such conditions or limitations that the Council, in its legislative discretion, may
determine to be necessary or desirable to ensure that the
development conforms with the City Comprehensive Plan, including limiting the
permitted uses, location and size of buildings and structures, providing for open space
and recreational areas, and requiring bonds or other assurances of completion of any
infrastructure to be built as part of the development.
17) Expiration.
A developer who receives PUD approval will have 24 months to begin construction of
their project. If construction on the property has not been developed in accordance with
the approved plan after 24 months, the PUD will automatically be revoked, unless
otherwise stated by the Common Council. In the case of extenuating circumstances the
developer may apply to the Common Council for an extension of PUD approval. If the
site plan changes significantly, said significance as determined by the Director of
Planning and Development, it may require re-consideration by the Common Council. The
Director of Planning and Development may determine that the changes are minor and do
not require re-approval.
18) Exemptions.
Construction, alterations or demolition authorized by building permits which were issued on
or before the effective date of this Section shall be exempt from the provisions of this
TMPUD.
Section 2.
Supersession.
This Section 325-13 is intended to supersede any provision of the City Code insofar as
said provision is inconsistent with Subsection 325-13(E)(1) herein.
Section 3.
Severability.
If any section, subsection, sentence, clause, phrase or portion of this Section 325-13 is held
to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall
not affect the validity of the remaining portions of this ordinance.
Section 4.
Effective Date.
This Ordinance shall take effect immediately and in accordance with law upon publication of
notice as provided in the Ithaca City Charter, and shall expire 18 months after the effective
date, except as to any application for any development within the TMPUD that is filed under
this ordinance prior to its expiration and not thereafter withdrawn by the applicant.
The Mayor left the meeting at 7:05 before this vote.
c) Street Level Active Uses
Chair Murtagh read into record the comments made by the Downtown Ithaca
Alliance which is also attached to these minutes.
JoAnn Cornish stated that the Commons and Collegetown should be handled in the
same way.
It was the consensus of the group to give examples that are considered a non-active
use such as residential use.
Moved by Alderperson Kerslick; seconded by Alderperson Nguyen.
Passed Unanimously.
An Ordinance Amending The Municipal Code Of The City Of Ithaca,
Chapter 325, Entitled “Zoning,” To Create a Requirement for Street
Level Active Uses on the Primary Commons
ORDINANCE NO. ____
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 (“Zoning”), Section 325-8D.(“Zoning
Regulations-Additional Restriction in the CBD Districts”) of the
Municipal Code of the City of Ithaca is hereby amended to add a new
subsection 325-8D(3), that will establish a requirement for active
street level uses for any establishment that opens on to the
Primary Commons. Section 325-8D(3), shall read as follows:
325-8 D.
(3) All properties located in the CBD district that
contain a storefront that fronts on the Primary
Commons, must contain an active use on the street
level, for that portion of the building that fronts
onto the Primary Commons. Active uses are defined
as uses that encourage high levels of pedestrian
activity and enliven the streetscape, and create
well-lit spaces with ample visibility into the
storefront area. Active uses include, but are not
limited to the following:
Retail Store or Service Commercial Facility
Restaurant, Fast Food Establishment, or Tavern
Theater, Bowling Alley, Auditorium, or Other
Similar Public Place of Assembly
Hotel
Bank or Monetary Institution
Confectionary, millinery, dressmaking and
other activities involving light hand
fabrication as well as sales.
Additional uses may be permitted if the Planning
and Development Board determines them to be an
active use and grants special approval for the
use. The Planning Board may also grant a
special approval of a non-active use if a
property owner is able to show that the physical
structure is not easily adaptable to be used as
one of the above listed active uses.
Section 3. The City Planning and Development Board, the City Clerk,
and the Planning and Economic Development Division shall amend the
District Regulations Chart to add street level active uses as a
requirement under the permitted primary uses, in accordance with
the amendments made by this ordinance.
Section 4. 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 5. Effective date. This ordinance shall take effect
immediately and in accordance with law upon publication of notices
as provided in the Ithaca City Charter.
6) Action Items (Voting to Circulate)
a) Backyard Chickens – Pilot Program
Backyard Chickens
The City of Ithaca is considering a two-year pilot program that would allow 20 City of Ithaca
residences to keep backyard chickens.
Regulation Summary
Maximum of four hens
Roosters prohibited
Slaughtering of chickens prohibited
Chickens must always be contained within a coop or enclosure
Chickens are not allowed to run at large
Chicken coops must be at least 20 feet from the primary lot structure and at least 5 feet from
any abutting residential property line
Applicants must complete a seminar regarding the care of backyard chickens from the
Cornell Cooperative Extension Office
A building permit must be obtained prior to constructing a chicken coop or enclosure
If at any time a permit is revoked, or the owner is unable to care for their hens, the Cornell
Cooperative Extension Office will work with the owners to rehome the hens.
Additional information for residences in the pilot program:
Permit Process:
There is a one-time $70 permit application fee, paid at the time that the permit is issued to the
Building Department.
It is recommended to work with Cornell Cooperative Extension Office staff and the Building
Department to make sure ones’ property meets the minimum requirements. Owners are also
required to submit plans for their coop and enclosure construction.
Alderperson Martell requested that Guinea Hens be added as not prohibited. Those that
are already raising chickens would be able to be the first to apply for the permits.
Alderperson Brock stated that nuisance complaints are difficult to enforce because the
homeowner has the right not to allow access. Once a resident applies for a permit, it will
allow building inspectors to investigate any of these complaints.
Moved by Alderperson Martell; seconded by Alderperson Kerslick. Passed
unanimously to circulate.
ORDINANCE __-2015
An Ordinance Amending Chapter 164 of the City of Ithaca Municipal Code
WHEREAS, Chapter 164 of the City of Ithaca Municipal Code prohibits the keeping of chickens in
the City, and;
WHEREAS, the City has received requests from citizens to allow chickens in backyard coops and
there is an active backyard chicken movement within the City, and;
WHEREAS, chicken keeping is part of a larger sustainability trend to allow citizens to grow their
own foods – including fruits, vegetables and honey production – by reducing barriers, which restrict
local food production. These sustainability trends are congruent with the City’s Comprehensive Plan
goals, such as support for our community gardens and active living initiatives, and;
WHEREAS, the Common Council desires to enable the keeping of backyard chickens in the City;
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 backyard chickens, if properly
maintained, can prove a positive initiative for the City, promoting food sustainability, increasing
animal welfare and providing fresh eggs free from pesticides and chemicals, without presenting a
nuisance to neighboring residents or properties.
Section 2. Amendments to Section 164-2(B).
Section 164-2(B) shall be amended to read as follows:
Exception. This section shall not apply to the keeping of chickens to the extent authorized by
Article III of this Chapter, nor to any educational, scientific or research institution maintaining,
with adequate safeguards as to public health, safety, comfort and convenience, any animals or other
creatures for scientific, medical or other research purposes.
Section 3. Amendments to Section 164-4
Section 164-4 shall be amended to read as follows:
Except as provided in the Agriculture and Markets Law, a violation of this article constitutes a civil
offense punishable in accordance with § 1-1 of the City of Ithaca Municipal Code except that the
unlawful keeping of chickens in the City shall be punishable as follows:
(a) $250 for the first violation:
(b) $500 for the second violation: and
(c) $750 for the third or subsequent violation.
These penalties shall be in addition to any other penalties provided by law.
Section 4. Creation of Article III to Chapter 164
An Article III of Chapter 164 is hereby created as follows:
Article III: Backyard Chickens
164-21: Definitions
Lot: As defined in section C-73(C)(1) of the City Charter.
Lot Square Footage: As defined in section C-73(C)(1) of the City Charter.
Property Class Code: As defined in section C-73(C)(1) of the City Charter.
Rear Yard: As defined in section 325-3 of the City Code.
164-22 Backyard Chickens
The prohibition against keeping chickens in this Chapter shall, during a two-year pilot program that
shall expire on May 1, 2018, not apply to up to twenty pilot applicants approved for the keeping of
up to four female chickens (hens) per Lot while the animals are kept in such a manner that all
requirements of this Article are satisfied.
164-23: Requirements for Keeping Chickens
A. Chickens may only be kept on those Lots with a Property Class Code of 210, 215, 220, 240,
250, or substantially identical successor designations.
B. Chickens may only be kept on those Lots possessing a Lot Square Footage of not less than
3,000 square feet.
C. No chicken facility or any structure that houses chickens or any fenced pen area, either
temporarily or permanently, shall be located within any of the following prohibited areas:
1. Within the setback requirements of the zone in which it is located;
2. Within twenty feet of any adjacent Lot’s residential principal structure or accessory
structure that contains a residential unit,, or within five feet of any principal structure
on the Lot housing the chickens; and
3. Within five feet from any abutting residential property line, unless the adjacent owner
agrees in writing to a lesser setback.
D. Chickens may only be kept by a domiciliary of a dwelling unit located on the Lot on which
the chickens are kept.
E. Chickens must be kept in and confined in a properly designed and constructed coop or
chickenhouse, or a fenced and covered enclosure that is at least 4 square feet per chicken in
size, which additionally includes a run. Each covered coop and run combined shall be
located in, and shall not cover more than 50% of, the Rear Yard of the Lot.
F. It shall be unlawful for any person to allow hens to run at large upon the streets, alleys or
other public places of the City, or upon the property of any other person.
G. During daylight hours the adult chickens shall have access to the chicken coop and, weather
permitting, shall have access to an outdoor enclosure on the subject property, adequately
fenced to contain the chickens and to prevent access to the chickens by dogs and other
predators.
H. Chicken feed must be in rodent resistant and weather proof containers.
I. Chickens may not be butchered, slaughtered, or otherwise killed, for any reason or any
purpose, on any real property on which chickens are kept pursuant to this Article.
J. A chicken coop, and the premises where the chicken coop is located, shall be maintained in a
condition such that the facility or chickens do not produce noise or odor that creates a
nuisance for adjoining Lots and the responsible domiciliary and the owner shall remove any
odorous or unsanitary condition. The Lot owner shall be responsible for the repair on any
adjoining Lot of any damage caused by the chickens, including but not limited to damage to
dwellings, structures and yards, and shall be responsible for any unsafe condition.
K. The person keeping the chickens shall abide by all Solid Waste Storage and Collection
standards of the City's Exterior Property Maintenance Code, §331-7.
L. Roosters are expressly prohibited, regardless of the age or maturity of the bird.
M. Pilot application approval pursuant to Section 164-24 is required for the keeping of chickens.
N. Approved pilot applicants must complete a seminar regarding the care of chickens in an
urban environment from the Cornell Cooperative Extension Office, or similarly qualified
organization acceptable to the Planning Department.
164-24: Pilot Application Process and Parameters.
A. No more than twenty pilot applications for the keeping of chickens shall be approved under
this Article III.
B. Applications shall be made to, and approved or rejected by, the City of Ithaca Planning
Department upon submission of a $70 application fee, an application, site survey, verification
of a completed chicken keeping seminar and preliminary plans for a covered coop.
C. If electricity is provided to the coop, a separate electrical permit will be required.
D. A Planning Department representative will perform a site visit, review the application and
interview the applicant prior to Planning Department approval.
E. The Planning Department may revoke application approval for a specific site via written
notice to the property owner when the Director of Planning or designee finds, at his or her
sole discretion, that any requirements of this Article are not met. Upon revocation, the owner
must remove the hens from the property in coordination with the Cornell Cooperative
Extension Office who will assist with rehoming them.
F. The Planning Department shall, at least three months prior to the expiration of the pilot
program, report to a Committee of the Common Council on the status of the pilot program.
164-25: Remedies Not Exclusive.
The remedies provided by this Article are cumulative and not mutually exclusive and are in addition
to any other rights, remedies, and penalties available to the City under any other provision of law.
A. Any chickens that are not kept as required in this Article shall be deemed a public nuisance and
the owner or custodian shall be given thirty days to rectify the conditions creating the public
nuisance. In any case in which the City intends to correct a violation of this chapter, including
removing and confiscating any chickens present, and then bill the property owner for the
correction of the violation, the Director of Planning and Development or his/her designee shall
notify the owner of the property and, where relevant, the registered agent who has assumed
responsibility as outlined in § 178-5 of this Code, in writing, of any violation of this chapter.
B. Any notice required by this section shall be served in person or by mail to the address appearing
on the City tax roll, requiring such person, within a time specified in such notice but in no event
less than thirty days from the service or mailing thereof, to comply with this chapter and to abate
the nuisance and, as appropriate, to remove the chickens. Such notice shall also state that the
property owner may contest the finding of the Director of Planning and Development or
designee by making a written request to have a hearing on the matter held at the next regularly
scheduled meeting of the Board of Public Works.
C. Any request for such a hearing must be mailed and postmarked or personally delivered to the
Director of Planning and Development or designee within fourteen days of the service or mailing
of notice, and any such written request for a hearing shall automatically stay further enforcement
concerning the alleged violation pending such hearing. The decision of the Board of Public
Works, by majority vote, shall be binding, subject to any further judicial review available to
either the City or the property owner.
D. Upon the failure of a property owner to comply with the notice of violation of this chapter (or,
alternatively, to request a hearing as aforesaid within the time limit stated in such notice, or upon
a Board of Public Works’ determination, after such a hearing, that a violation exists), the
Director of Planning and Development or designee shall refer the matter, by memorandum, to
the Superintendent of Public Works, who shall cause such premises to be put in such condition
as will comply and shall charge the cost thereof to the owner of said premises, including a
charge of 50% for supervision and administration. The minimum charge to the property owner
for such work shall be $50.
E. The City Chamberlain shall promptly present to the owner of any parcel so corrected a bill
rendered for such services, as certified by the Superintendent of Public Works. If not paid within
30 days, the cost thereof shall be assessed against the property, added to its tax and become a
lien thereon, collectible in the same manner as delinquent City taxes. Appeals from this section
shall only be permitted if written notice of appeal is received by the Ithaca City Clerk within 45
days after the mailing of the bill from the Chamberlain, and such appeals shall be taken to the
Board of Public Works.
Section 5. 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 portions of this Ordinance.
Section 6. Effective Date. This ordinance shall take effect immediately upon publication as
provided for in the City Charter.
b) Proposed Small Revisions to PUD Ordinance
Moved by Alderperson Kerslick; seconded by Alderperson Nguyen.
Passed Unanimously.
An Ordinance to Amend the City of Ithaca Municipal Code,
Chapter 325, Entitled “Zoning,” Article IV, Section 325-12, in
Order to Amend the Approval Process for the Planned Unit
Development (PUD)
ORDINANCE NO. 2016-____
The way the PUD process is written now, the developer would
come back to the Planning Board throughout the different phases of
the project. The proposed changes include allowing Common Council
Common Council to approve a PUD for a multi phased project based on
the final site plan approval of the first phase of the project and
preliminary site plan approval of subsequent phases of the project.
Alderperson Brock moved to circulate; seconded by Alderperson
Nguyen. Passed unanimously. Since this a minor change, an
environmental review is not necessary.
BE IT ORDAINED AND ENACTED by the Common Council of the City
of Ithaca that Chapter 325, Article IV, Section 325-12G.(12) be
amended as follows:
Section 1. Chapter 325 (“Zoning”), Article IV, section 325-
12G.(12) is hereby amended to change the approval process for a
Planned Unit Development Zone to allow the Common Council to
approve a PUD for a multi phased project based on the final site
plan approval of the first phase of the project and preliminary
site plan approval of subsequent phases of the project, and shall
read as follows:
§325-12. G.(12)
“Common Council consideration of the PUD. When and if
the Planning Board has completed its environmental
review of the project to the extent required under
SEQRA and CEQRO and has issued a contingent site plan
approval or in the case of a multi-phase project has
issued a preliminary contingent site plan approval of
multiple phases along with a final contingent site
plan approval of at least one phase, the project will
return to the Common Council for final consideration
of the adoption of the PUD, which in Council’s
discretion may be authorized for one or all phases of
a multi-phase project. Final Council approval, if
any, shall be granted via ordinance.”
Section 2. Severability. If any section, subsection, sentence,
clause, phrase or portion of this ordinance is held to be invalid
or unconstitutional by a court of competent jurisdiction, then that
decision shall not affect the validity of the remaining portions of
this ordinance.
Section 3. Effective date. This ordinance shall take effect
immediately and in accordance with law upon publication of notices
as provided in the Ithaca City Charter.
7) Discussion
a) Changes to Cell Tower Ordinance
Alderperson Kerslick agrees with Phyllis Radke’s and Lisa Nicholas’ comments
that this cell tower be replaced with a new less intrusive tower.
The group agreed to research on how to move forward with this. It will be brought
back to this committee in April.
b) Cayuga Watershed Restoration and Protection Plan
Alderperson Brock is asking the committee and municipalities for their input on this
project. Her hope is to get all the input back by March 15th to consolidate into one
report to be submitted.
8) Review and Approval of Minutes
a) January 2016
Moved by Alderperson Kerslick; seconded by Alderperson Brock. Passed
unanimously.
9) Adjournment
Moved by Alderperson Kerslick; seconded by Alderperson Brock. All agreed to
adjourn at 8:15 p.m.
February 5, 2016
TO: Seph Murtagh, Joann Cornish, Jennifer Kusznir, Phyllisa DeSarno
FROM: Gary Ferguson
RE: STREET –LEVEL ACTIVE USE PROPOSAL FOR THE PRIMARY COMMONS: SUGGESTIONS
AND FEEDBACK FROM THE BUSINESS RETENTION & DEVELOPMENT COMMITTEE
The city of Ithaca’s proposal to require street-level active uses on the primary Commons was addressed at a recent
meeting of the Business Retention & Development Committee of the Downtown Ithaca Alliance (DIA). This standing
committee of the DIA consists of downtown landlords, developers, and businesses, along with a representative from the
City.
This DIA Committee offered the following observations and suggestions to the City’s Planning and Economic
Development Committee:
(1) The Committee argued that the proposal was too broad in scope and would not successfully address the
concerns about preserving active street‐level use.
(2) The retail landscape is changing nationally, regionally, and locally. This proposal does not reflect or
adequately consider these changes to the retail marketplace that landlords must navigate as they seek
to fill vacancies.
(3) Further restricting use was deemed problematic. The proposal has too many contradictions, among
them:
a. Bars— They now open at 5:00 pm; They generally closed all day. They qualify as active use but
are detriments to active use during peak shopping hours.
b. Churches‐ They are allowed in the proposal, but again are only open 1‐2 days a week for very
limited times. Otherwise, they are detriments to active use.
c. The current IC art gallery is an example of a qualifying use that is only open 1‐2 days/month and
otherwise is a detriment to active street‐level use.
d. What constitutes active use? How many people need to go in and out a doorway? Some stores
may only get 1 customer a day.
e. A leasing office/mgt. office for a housing project would have much more traffic but is not
permitted.
The Committee worried that there were so many inconsistencies that the proposal would not be
effective and would only create hardship and confusion for property owners and the City.
(4) The Committee suggested that office tenants will tend to self‐select to other upper level or off‐
Commons spaces, due to cost and other practical concerns.
(5) The Committee worried that the Planning Board is best constituted to deal with design and site planning
issues, not economic and business issues raised by this proposal. Any question about eligibility or any
request for variance is to be adjudicated by the Planning Board.
(6) The Committee further worried that leasing decisions cannot be stretched over extended periods of
time and often need to be made quickly. By referring requests to the Planning Board, this will put
Commons property owners at a competitive disadvantage in negotiating with and leasing to prospective
tenants.
(7) The Committee also wanted to understand the underlying need for the ordinance. The principal reasons
for the proposal relate to preserving ground floor space for active uses that are compatible with retail
pedestrian traffic. In particular the proposal would help by
a. Prohibiting residential on ground floor.
b. Prohibit window shades that block seeing in or seeing out.
c. Promote night time lights from storefronts that would illuminate the pedestrian way
(8) Suggestions from the Committee:
a. The market should accomplish the desired result without regulation.
b. If revisions are desired, they should directly address the reasons listed in (5).
‐ Mandate that residential use on the ground floor is prohibited;
‐ Mandate that businesses cannot have window shades that block seeing in and seeing out.
‐ Fix broken street light around the Commons that are already deterring pedestrian traffic,
particularly the broken lights on the 100 South Cayuga Street block.
‐ Ask business tenants to voluntarily leave lights on overnight to create more light for the
streetscape. Recognize that leaving lights on overnight is a cost borne by the tenant and not
the building owner or the City.
Cc: Chris Hyde, Business Retention & Development Committee Chair
February 3, 2016
JoAnn Cornish
Dir. Of Planning and Development
City of Ithaca
Ms. Cornish,
Please consider this a letter of support for revising the City Zoning Ordinance Article VA, Telecommunication
Facilities to lower the required fall zone.
I believe that restricting development around a cell tower limits the property development rights of the
owners and decreases their property value as well as the City’s tax revenues.
I believe that cell towers are a reality of today’s world. I may agree that they do not improve the landscape,
but they do offer public services and are depended on by the public at large.
I believe that the size of these towers will be reduced in the future as innovation continues to increase the
range while minimizing the size of these towers. In the near future I believe that cellular towers will be
hidden in flag poles and street lights and will not be as noticeable as they are today.
I support the revision of the required fall zone to 120% of its height.
David Lubin
Managing Member
Unchained Properties, LLC