HomeMy WebLinkAbout08-08-12 Planning & EDC Meeting AgendaMEETING NOTICE
City of Ithaca Planning & Economic Development Committee
Wednesday, August 8, 2012 – 6:00 p.m.
Common Council Chambers, City Hall, 108 East Green Street
A. Agenda Review
B. Special Order of Business
1. Public Hearing – Proposed Site Plan Review Ordi nance Changes
2. Public Hearing – Proposed Exterior Property Maintenance Ordinance Changes
C. Public Comment and Response from Committee Members (6:00 pm)
D. Announcements, Updates and Reports (6:10 pm)
1. Intermunicipal Planning Coordination
2. Dredging / Hydrilla
3. Emerson
4. Collegetown
5. Commons
6. Energy Action Plan
E. Action Items
1. Neighborhood Improvement Incentive Fund (NIIF) (6:15 pm)
(memo, application)
a. Family Sites Tenant Council National Night Out – Resolution
b. Titus Towers Tenant Council National Night Out – Resolution
2. Comprehensive Plan (6:20 pm)
(memo, resolution)
3. Site Plan Review Ordinance (6:30 pm)
(lead agency, determination of environmental significance, proposed ordinance )
4. Exterior Property Maintenance Ordinance (6:45 pm)
(Rental Housing Advisory Commission letter; other materials under separate cover)
F. Discussion Items (direction for development of possible future action items)
1. Planned Unit Development (7:00 pm) (memo, draft ordinance )
2. Zoning regarding establishing Community Garden sites (7:2 0 pm) (existing ordinance)
3. Agenda planning -- potential upcoming items (7:40 pm)
a. In development or circulation, expected back in September
Changes to the Community Investment Incentive Program (CIIP), Possible
Elimination of Minimum Parking Requirements (possibly October), Allowing Housing
in Industrial Districts
G. Approval of Minutes (7:45 pm) – Oct. 2010, Feb. 2012, Mar. 2012
H. Adjournment (7:50 pm)
Direct questions about the agenda to Jennifer Dotson, Chairperson, (jdotson@cityofithaca.org or 351-5458) or the
appropriate staff person at the Department of Planning & Development (274 -6550). Back -up material is available in
the office of the Department of Planning & Development. The agenda order is tentative and subject to change.
If you have a disability and require accommod ations in order to fully participate, please contact the City Clerk at
274-6570 by 12:00 noon on Tuesday , August 7, 2012.
TO: Planning & Economic Development Committee
From: Megan Wilson, Planner
RE: Neighborhood Improvement Incentive Fund
DATE: July 30, 2012
Attached are two applications for the Neighborhood Improvement Incentive Fund (NIIF)
and other materials pertaining to this year’s National Night Out (NNO) events, scheduled
for Tuesday, August 7th. The applicants, the Titus Towers Tenant Council and the
Family Sites Tenant Council, represent low-moderate income residents living in the
South of the Creek and Northside neighborhoods who spend considerable hours of
volunteer time organizing and conducting the NNO events. Both groups have sponsored
the annual NNO event in their respective neighborhoods for over 10 years.
In past years, the Neighborhood Improvement Incentive Fund has supported celebrations
in many city neighborhoods for this national occasion that focuses attention on
neighborhood safety and solidarity. Expenditures related to the event include food,
beverages, sound equipment, DJs, t-shirts, and give-aways for kids, all of which meet
criteria for reimbursement. Both of these groups have had success procuring donations
from local business in past years. Through this endeavor they are furthering aims of the
fund to support resident initiatives to strengthen city neighborhoods.
CITY OF ITHACA
108 East Green Street — 3rd Floor Ithaca, New York 14850-5690
DEPARTMENT OF PLANNING AND DEVELOPMENT
JOANN CORNISH, DIRECTOR OF PLANNING & DEVELOPMENT
PHYLLISA A. DeSARNO, DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT
Telephone: Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6559
Email: planning@cityofithaca.org Email: iura@cityofithaca.org
Fax: 607-274-6558 Fax: 607-274-6558
Proposed Resolution
Planning & Economic Development Committee
August 8, 2012
RESOLUTION: Request for Neighborhood Improvement Incentive Funds from the Family Sites
Tenant Council for National Night Out, August 2012
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 Council as eligible for the funding include but are not limited
to items such as neighborhood clean-ups, planting in public places, and organizing
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 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, the Family Sites Tenant Council has submitted a completed application for
reimbursement funds to off-set expenses that in past years have generally ranged from
$400 – $650 for the annual National Night Out event, held this year on Tuesday, August
7, 2012, and
WHEREAS, while this annual event is sponsored by the Family Sites Tenant Council at Conway Park,
notice is circulated throughout the neighborhood, and the event provides an opportunity
for socializing with diverse groups of Northside residents; now, therefore, be it
RESOLVED, that the Planning and Economic Development Committee approves the re quest from the
Family Sites Tenant Council in an amount up to $300.00 for reimbursement upon
presentation of original invoices and/or receipts.
Proposed Resolution
Planning & Economic Development Committee
August 8, 2012
RESOLUTION: Request for Neighborhood Improvement Incentive Funds from the Titus Towers
Tenant Council for National Night Out, August 2012
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 Council as eligible for the funding include but are not limited
to items such as neighborhood clean-ups, planting in public places, and organizing
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 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, the Titus Towers Tenant Council has submitted a completed application for
reimbursement funds to off-set expenses that in past years have generally ranged from
$400 – $650 for the annual National Night Out event, held this year on Tuesday, August
7, 2012, and
WHEREAS, while this annual event is sponsored by the Titus Towers Tenants Council, notice is
circulated throughout the neighborhood, and the event provides an opportunity for
socializing with diverse groups of South of the Creek residents, now, therefore, be it
RESOLVED, that the Planning and Economic Development Committee approves the request from the
Titus Towers Tenant Council in an amount up to $300.00 for reimbursement upon
presentation of original invoices and/or receipts.
CITY OF ITHACA
108 East Green Street — 3rd Floor Ithaca, New York 14850-5690
DEPARTMENT OF PLANNING AND DEVELOPMENT
JOANN CORNISH, DIRECTOR OF PLANNING & 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
TO: Planning & Economic Development Committee
FROM: Megan Wilson, Planner
DATE: August 2, 2012
RE: New Direction for Comprehensive Planning Process
As you know, the City has been working with Clarion Associates on the preliminary tasks of the preparation
of its new Comprehensive Plan. The City appreciates the work completed by Clarion to date but has decided
to move forward without the Clarion team. Work on the new Comprehensive Plan will continue, and the
project funding will now be spent locally. City staff and the Comprehensive Plan Committee will prepare the
new Comprehensive Plan with input from the community and the help of local consultants for specific tasks
as needed. The planning process will still include extensive public outreach, and we look forward to hearing
from the community as this exciting project continues.
The Comprehensive Plan Committee will meet on Monday, August 20th to finalize reports prepared by
Clarion and move on to the next step in the planning process. Staff will attend the August 8th Planning &
Economic Development Committee meeting to answer any questions that Committee members may have. If
you have any questions or comments prior to the meeting, please contact me at 274-6560 or
mwilson@cityofithaca.org.
Proposed Resolution
Planning & Economic Development Committee
August 8, 2012
Resolution of Support for the Comprehensive Planning Process
WHEREAS, the City of Ithaca’s existing comprehensive plan was completed in 1971 and has
since been amended fourteen times by various targeted neighborhood and strategic plans, and
WHEREAS, while some objectives of the 1971 plan are still applicable, many are not, and both
local conditions and broader national and world-wide trends that affect Ithaca have changed
dramatically since then, resulting in a need to update the comprehensive plan to address present-
day issues and anticipate future ones, and
WHEREAS, the City has decided to pursue a two-phased approach to its new Comprehensive
Plan where Phase I will entail the preparation of an “umbrella” plan that sets forth broad goals
and principles to guide future policies throughout the city and where Phase II will include the
preparation of specific neighborhood plans and other distinct thematically-based plans, and
WHEREAS, in February 2008, the Common Council approved a capital project in the amount
of $200,000 to prepare a comprehensive plan, and
WHEREAS, the City issued a Request for Qualifications for firms interested in assisting with
the preparation of Phase I of the Comprehensive Plan, and in early 2011, the Comprehensive
Plan Committee interviewed three consultant teams, and
WHEREAS, based on the unanimous recommendation of the Comprehensive Plan Committee,
the Planning and Development Board, the Common Council, and the Mayor selected Clarion
Associates as the project consultant for Phase I of the new Comprehensive Plan in May 2011,
and
WHEREAS, Clarion Associates began working on the project in September 2011 and
undertook a review of existing plans and studies and an analysis of existing conditions and
trends, and
WHEREAS, an extensive public input process was kicked-off by a Clarion-led community
workshop in November 2011, and that workshop was followed up with over 20 neighborhood
meetings and focus groups as well as individual surveys, and
WHEREAS, using all of this information, the consultant team has completed two reports and
initiated a third report, and these documents will inform the preparation of the new
Comprehensive Plan, and
WHEREAS, while the City appreciates the work completed by Clarion Associates, it has
decided to move forward without the Clarion team, and
1
WHEREAS, the project funding will now be spent locally as City staff and the Comprehensive
Plan Committee will prepare the new plan with input from the community and the assistance
from local consultants as needed, and
WHEREAS, the City remains committed to incorporating community input into the new
Comprehensive Plan, and the planning process will continue to include extensive public
outreach; now, therefore, be it
RESOLVED, that the Common Council appreciates the work completed by Clarion Associates
and fully supports the new direction for the preparation of the Comprehensive Plan.
2
J:\GROUPS\Planning and Econ Dev Committee\2012 Planning and Economic Development Committee\08
August\SPR Ordinance\E3a Lead Agency SPR Ord 8-8-12.doc
08/03/12
Proposed Resolution
Planning & Economic Development Committee
August 8, 2012
An Ordinance to Amend the Municipal Code of the City of Ithaca to Repeal and Replace
Chapter 276, “Site Plan Review” – Declaration of Lead Agency for Environmental Review
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 repeal and replacement of Chapter 276, “Site Plan Review”, 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 the proposed repeal and replacement of Chapter 276, “Site
Plan Review”.
Proposed Resolution
Planning Committee
August 8, 2012
An Ordinance to Amend the Municipal Code of the City of Ithaca Repeal and
Replace Chapter 276 “Site Plan Review” – Determination of Environmental
Significance
WHEREAS, the City of Ithaca is considering an amendment to the Municipal Code in
order to repeal and replace Chapter 276, “Site Plan Review,” and
WHEREAS, the proposed action is an “Unlisted” Action under the City Environmental
Quality Review Ordinance, and
WHEREAS, appropriate environmental review has been conducted including the
preparation of a Short Environmental Assessment Form (SEAF), dated July 23, 2012, and
WHEREAS, the proposed amendment has been reviewed by the Tompkins County
Planning Department pursuant to §239-l–m of the New York State General Municipal
Law, which requires that all actions within 500 feet of a county or state facility, including
county and state highways, be reviewed by the County Planning Department, and has
also been reviewed by the City of Ithaca Conservation Advisory Council and the City of
Ithaca Planning and Development Board, and
WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has
reviewed and accepted the SEAF prepared by planning staff; now, therefore, be it
RESOLVED, that this Common Council, as lead agency in this matter, hereby
determines that the proposed action will not have a significant effect on the environment,
and that further environmental review is unnecessary, and be it further
RESOLVED, that this resolution constitutes notice of this negative declaration and that
the City Clerk is hereby directed to file a copy of the same, together with any
attachments, in the City Clerk’s Office, and forward the same to any other parties as
required by law.
Proposed Amendments to the SPR Ordinance
Comments Received as of 8/3/2012
Comment #1
I read in your July 9, 2012 memorandum that the Planning and Development Board is
working with city staff to amend the Site Plan Review Ordinance. I haven't been able to
thoroughly review the proposed changes in the draft dated July 10 but I have one concern
regarding trees that would be installed as part of the landscape plan for new development
projects in the city.
Having served on the planning board at the inception of the ordinance and on Common
Council when previous ordinance revisions were made, I regret that stronger language
was not incorporated into the ordinance so that trees with larger caliper and greater height
were planted as part of new projects. Site plan review has certainly improved the built
environment in the city, but it has been disappointing in many instances to see the quality
of trees that have been installed. I'm sure you and board members have seen these young,
short and narrow trunked examples, or even taller scrawny trees, as you've traversed the
streets. These trees remain in this state and simply don't provide the aesthetic that was
intended when the ordinance was originally passed. A major goal was to have tall trees
that would provide large shaded areas around buildings and in parking lots.
Unless I've misunderstood the proposed draft, I would encourage the board to reconsider
maintaining the 2½-inch caliper requirement for deciduous trees. The required caliper
should be substantially increased and a height requirement for trees should be added to
the ordinance. I also think that language should be included so that tree species with a
broad and leafy canopy be a preferred selection.
Comment #2
Should the acronym BZA be used- or should it be spelled out?
Proposed Resolution
Planning Committee
August 8, 2012
An Ordinance Amending the Municipal Code of the City Of Ithaca to Repeal and
Replace Chapter 276, Entitled “Site Plan Review”
WHEREAS, Chapter 276 of the Municipal Code of the City of Ithaca, Site Plan Review,
was first enacted in 1989 and was repealed and replaced in 1999 , and
WHEREAS, amendments to Chapter 276 have been proposed, the purpose of which are
to correct and clarify language, resolve inconsistencies, and make substantive changes
regarding applicability thresholds, evaluation criteria, public notification requirements
and the rate and payment of fees, and
WHEREAS, given the extent of the changes proposed it would be impractical to
accomplish such revisions by amendment, now therefore
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, as
follows:
§ 276-1. Intent.
The intent of this chapter is to provide for the review of site plans for certain land uses in
the City of Ithaca for the purpose of:
A. Preserving and enhancing neighborhood character.
B. Achieving compatibility with adjacent development and uses.
C. Mitigating potentially negative impacts on traffic, parking, drainage, the landscape
and similar environmental concerns.
D. Improving the design, function, aesthetics and safety of development projects and the
overall visual and aesthetic quality of the city.
E. Promoting environmental sustainability in new development, redevelopment and long
term planning.
§ 276-2. Definitions.
A. Definitions of specific terms or words as used in this chapter shall conform to the
definitions of the same terms in the Zoning Ordinance, Chapter 325, § 325-3.
B. In addition to the definitions in Chapter 325, the following terms shall be used in this
chapter as they are defined in this section:
AFFECTED SITE AREA -- Any area (including new and modified gross floor space)
that is physically changed as a result of the proposed development. Such changes do
not have to be permanent or irreversible for the area to be considered affected. For
example, a construction staging area will be considered an affected area if tree
damage or significant soil compaction is likely to result.
BOARD -- The Planning and Development Board, unless otherwise specified.
COMMISSIONER -- The Building Commissioner for the City of Ithaca, New York.
DEVELOPMENT -- Any land use activity or project which requires a permit from
the Building Department and will result in changes to the physical condition,
appearance or type of use, or intensity of use, of property.
(1) Development projects include but are not limited to:
(a) New construction, reconstruction, modification or expansion of existing
structures or site improvements.
(b) Landfilling, excavation, grading, parking lot construction or any other
disturbances to the natural or existing topography or vegetation of the site.
(c) Demolition of structures or site improvements.
(2) A project shall not be considered a development if it is one or a combination of
the following:
(a) Replacement in kind only; or
(b) Interior construction only; or
(c) Infrastructure maintenance only.
DIRECTOR -- The Director of Planning and Development for the City of Ithaca,
New York or his/her designee.
EXPANSION -- An enlargement of, or addition to, an existing structure or a paved
area, including driveways, parking areas and sidewalks.
MODIFICATION -- Rearrangement of site layout or an exterior alteration to an
existing structure (including any changes to a building facade, except replacement in
kind).
PERFORMANCE GUARANTY -- Any security that may be accepted by the city as a
guarantee that the improvements required as part of site plan approval will be
satisfactorily completed.
RECONSTRUCTION -- Construction of buildings or site plan improvements
following total demolition of a previous development.
REPLACEMENT IN KIND -- Replacement of materials (for maintenance purposes)
which does not have an effect on the appearance of the existing building and site.
SITE IMPROVEMENT -- Features including but not limited to planting, paving,
retaining walls, drainage culverts and swales, fences and gates, lighting, site furniture,
fountains, pools, bridges, dams, decks, boardwalks, pergolas, signs and any other
accessory structures, devices or landscape materials on the site.
SITE PLAN -- The development plan showing the existing and proposed conditions,
including but not limited to topography, vegetation, drainage, floodplains, marshes
and waterways; open spaces, walkways, means of ingress and egress, utility services,
landscaping, structures and signs, lighting and screening devices; submitted along
with building plans, elevations and building materials; and any other information that
may be reasonably required to allow an informed decision to be made by the Board
or the Director.
STORM WATER POLLLUTION PREVENTION PLAN (SWPPP) –A plan to
identify and mitigate stormwater impacts as defined in Chapter 282.
§ 276-3. Applicability; exceptions.
A. General applicability.
(1) Site plan review (SPR) applies to all new construction and reconstruction of both
residential and non residential development (except that excluded by §276-3C),
including parking areas of three or more spaces in residential zoning districts.
(2) Site plan review (SPR) applies to construction of landscape and infrastructure
improvements which do not normally require a building permit, but nervertheless
have an extensive public use, prominent visibility, or a potentially large
environmental impact, such as construction of trails or trailheads, development of,
or improvements to, existing parks; construction or reconstruction of bridges; and
rebuilding of public or private streets that involve streetscape improvements.
B. Projects of limited scope.
(1) The Director shall have the authority to review and act on a development
proposal if the proposed project meets the description in § 276-3A but is below
the thresholds described below. For such projects of limited scope, reviewed by
the Director, a public hearing is not required. The Planning and Development
Department shall be the lead agency in the environmental review of such
projects. There shall be no requisite review of the environmental assessment
forms (EAF) by the Conservation Advisory Council (CAC) in these cases. See §
276-5C for situations when projects of limited scope will be referred to the
Board for a full review. The upper thresholds for projects of limited scope are:
(a) All new construction and reconstruction of single-lot residential development
of a single-family detached or semidetached dwelling or a two-family
dwelling.
(b) Modification and expansion of residential development involving 4,000
square feet (sf) or more of total affected site area.
(c) New construction, reconstruction, modification or expansion of
nonresidential development in residential zones involving 3,000 sf of total
affected site area.
(d) Modification and expansion of nonresidential development in nonresidential
zones, involving 10,000 sf of total affected site area.
(e) Construction of landscape and infrastructure improvements as described in §
276-3A(2).
(2) When an application is received for site plan review under the provisions for
projects of limited scope as noted above, the Director shall, within 10 working
days of the date of the submission of the application, notify the Council members
in whose ward the project is to be located.
C. Exemption:
(1) Existing uses and developments which in their present configuration and use are
legally authorized as of the date of this legislation shall not be subject to SPR.
(2) Exterior modifications to an existing single-lot residential development of a
single-family detached or semidetached dwelling or a two-family dwelling,
including additions, porches, façade changes, landscaping and site improvements,
excluding the development of parking areas for 3 or more cars as required under
§325-20.
D. City and other government projects. For city and other government projects, the
threshold of applicability, the review procedure and the review criteria shall be the
same as for all SPR applicants unless the Common Council decides that any
particular government project shall be reviewed on an advisory basis only. However,
even if a project is subject to advisory review only, no construction shall begin until
the Board or the Director has completed the review, including the issuance of any
findings and recommendations that the Board or the Director determines to be
appropriate. Projects subject to advisory SPR only shall be presented to the Board for
review beginning as early as possible, and in any case no later than when the
environmental review is started. The Board may or may not be the Lead Agency of
the environmental review of projects subject to advisory SPR only.
§ 276-4. Other permits and approvals.
An approved site plan shall be binding on all further permits and approvals needed for the
project. The Board or the Director's decision to approve a site plan does not excuse an
applicant from complying with all other permits and approvals that may be needed,
including but not limited to street and sidewalk permits, utility permits and tree permits.
A. Permits from Building Department. For projects subject to SPR, a permit from the
Building Department shall be issued only after SPR approval has been granted. In a
case where a conditional SPR approval has been given, no certificate of occupancy or
completion shall be issued until final SPR approval has been given and all conditions
of such final approval have been met. See also § 276-9.
B. Variances.
(1) Any required variance must be obtained from the Board of Zoning Appeals
before the Planning Board will issue preliminary or final site plan approval.
(2) For projects that require both a variance and site plan approval, the Planning
Board will act as Lead Agency in the environmental review for both actions.
The BZA cannot grant a variance until the the Planning Board has completed
the environmental review.
C. Storm Water Pollution Prevention Plans (SWPPP). All Storm Water Pollution
Prevention Plans must be approved by the Stormwater Management Officer (SMO) in
accordance with §282 before final site plan approval is granted.
§ 276-5. Authorization to review site plans.
A. The Planning and Development Board is authorized to conduct SPR according to the
procedures described in § 276-6.
B. The Director is authorized to conduct SPR of projects of limited scope as defined in §
276-3B.
C. In projects of limited scope the Board shall conduct SPR according to the procedures
described below in § 276-6, when the following conditions arise:
(1) There is public controversy concerning the proposed development, as
determined by the Board or the Director.
(2) The application is referred to the Board by the Director.
(3) The applicant appeals to the Board after decision by the Director is made.
§ 276-6. Site plan review (SPR) procedures.
A. Process initiation.
(1) The Building Commissioner shall determine whether SPR is required when an
application for a building permit, a demolition permit, or a fill permit is filed.
Such determinations may be appealed to the Planning and Development Board
within 30 days of the written notification that SPR is required.
(2) Projects which do not require a building permit, as described in §276-3A (2)
shall be submitted to the Planning Director for sketch plan. The Director shall.
in accordance with 276-5 C, determine if the project requires review by the
Board.
B. The following procedures are required for both full site plan review and projects of
limited scope:
(1) Sketch plan conference with planning staff, or when appropriate, with the Board
as a whole. This step may occur before the application for a building permit if it
can be reasonably assumed that SPR would be required, in order to inform the
applicant of the SPR process and to explain the standards for approval, before
substantial time and effort are invested in the preparation of plans. The Director
should determine at this stage whether the proposal is a project of limited scope
as defined in § 276-3B.
(2) Submission of application materials.
(a) Applicants must submit a complete site plan review application, including all
applicable materials as described in the Site Plan Review Checklist, which
may be obtained from the Department of Plannign and Development.
(b) Additional application materials may be required by the Board. Depending
on the scope and complexity of the project, the Board has the discretion to
require applicants to engage the services of licensed design professionals and
other experts such as architects, landscape architects, engineers, ecologists or
surveyors.
(c) For all new construction and reconstruction of single-lot residential
development of a single-family detached or semidetached or a two-family
dwelling, applicants must complete the Residential Infill Neighborhood
Compatibility Review Application, which may be obtained from the
Department of Planning and Development
(3) Environmental review. An environmental review of the proposed development
shall be conducted prior to SPR approval in accordance with § 176 of the City
Code.
C. The following procedures are required for full Site Plan Review and not required for
projects of limited scope:
(1) Public notice
(a) By mail. At least 20 days before the first meeting at which the Planning and
Development Board considers either a determination of environmental
significance or preliminary site plan approval, the applicant shall notify the
record owners by mail of all properties within 200 feet of the project site.
Such notice shall be in the form approved by the Board, briefly state essential
facts about the proposal, include the proposed site plan, and inform recipients
of the date, time and place of the meeting and the place where further
information about the proposal and the review process may be obtained.
Applicant shall provide the Board with certification of compliance for notice
procedures.
(b) By posting. At least 20 days before the first meeting at which the Planning
and Development Board considers either a determination of environmental
significance or preliminary site plan approval, the applicant shall post a sign
at the center of each property line of the project site which fronts on a public
or private roadway or public right-of-way. Such signs shall be continuously
maintained and displayed facing the roadway until final action has been
taken by the Board to approve or deny the site plan. The required signs shall
be obtained from the Department of Planning and Development, and a
nonrefundable fee shall be paid for each sign or replacement obtained. At the
time such signs are obtained, the applicant or the applicant's representative
shall indicate, in writing, the date on which the signs are to be erected.
(c) By newspaper. The hearing on the preliminary site plan shall be advertised in
a newspaper of general circulation in the city at least five days before the
hearing.
(2) Coordination and consultation. SPR projects requiring the review and approval of
the Board may also be reviewed by the Building Department, the Engineering
Office, the Fire Department, the City Forester and any other city officials or non-
city consultants deemed appropriate by the Planning Board or the Director. Any
comments from these reviewers shall be summarized and forwarded to the Board
to aid its decision on the proposal.
(3) Planning and Development Board meeting. Following timely receipt of a
complete application for site plan approval, the Board shall schedule
consideration of the application at its earliest possible scheduled meeting. The
Board may establish its procedures and requirements, within the framework
provided by this chapter, for conducting site plan review.
(4) Public hearing. Prior to rendering any decision on a SPR application, the Board
shall first hold a public hearing on the proposed development. This may begin
concurrently with any required public hearing for the purpose of environmental
review of the same project and may continue after any such environmental review
public hearing is closed. Public hearings are not required for projects of limited
scope as defined in § 276-3B, unless the project is referred to the Board for SPR
(5) Action on application for site plan approval.
(a) Within 65 days after completion of environmental review on a complete
SPR application, the Board (or the Director if it is a project of limited scope
as defined in § 276-3B) shall render one of the following decisions:
[1] Preliminary approval only.
[2] Preliminary approval with conditions.
[3] Preliminary and final approval.
[4] Preliminary and final approval with conditions.
[5] Disapproval of the site plan.
(b) In the case where a Board's action is required and where preliminary
approval only is granted, final approval shall be considered at the earliest
scheduled Board meeting subsequent to the applicant's submittal of an
adequately revised site plan, whereupon the Board shall render one of the
following decisions:
[1] Final approval.
[2] Final approval with conditions.
[3] Disapproval of the site plan.
(6) Communication of decision. The Building Commissioner and the applicant shall
be notified, in writing, of a site plan review decision no later than 10 working
days after the date of decision. When a site plan is approved, a stamped copy of
the approved site plan, including any conditions of approval, shall accompany the
notification to the Building Commissioner.
D. Changes to approved site plan. Proposed changes (whether before or after
construction) to approved site plans must be submitted to the Commissioner for
review to determine whether the effect of the proposed changes warrants
reconsideration of the project's approval status. The Commissioner in consultation
with the Director shall make one of the following determinations:
(1) That the proposed changes do not affect the approval status of the site plan.
(2) That the changes are significant and shall require a reopening of the review.
(3) That the proposed changes are likely to have such an extensive or significant
effect on the project that a new SPR application is required.
E. Extension of deadlines. All deadlines for decisions on an SPR application may be
extended upon mutual agreement by the Board and the applicant.
§ 276-7. Project review criteria.
A. General criteria:
(1) Avoidance or mitigation of any negative impacts. The following shall be
emphasized in particular:
(a) Erosion, sedimentation and siltation control in accordance with §282 of the
City Code.
(b) Protection of significant natural features and areas, including but not limited
to trees, views, watercourses or bodies of water and land forms, on or near
the site. The protection of existing mature vegetation, especially trees over
eight inches DBH (diameter-breast-height) may be required unless a
justification for their removal can be made by the applicant.
(c) Protection of, and compatibility with, other nearby features and areas of
importance to the community, including but not limited to parks, landmarks,
neighborhoods, commercial areas, and historic districts.
(2) Compliance with all other regulations applicable to the development. These
include, but are not limited to, the Zoning Ordinance, Sign Ordinance,
Subdivision Regulations, Storm Water Regulations Ordinance, Landmarks
Preservation Ordinance, Exterior Property Maintenance Ordinance and
Environmental Quality Review Ordinance of the City of Ithaca,i EN and the State
Environmental Quality Review Act.ii [Amended 6-13-2001 by Ord. No. 2001-8]
(3) Improvement of the visual quality of the site and its vicinity through:
(a) The presence of a perceivable form and order in the basic layout of the major
architectural and landscape elements.
(b) The proper and effective use of landscape architectural elements such as
plantings, land forms, water features, paving and lighting, including the
location and appearance of proposed signage. [Amended 3-5-2003 by Ord.
No. 2003-8]
(c) An appropriate arrangement, form, scale, proportion, color, pattern and
texture of buildings and other site improvements.
(d) An appropriate relationship between the proposed development and the
nearby streetscape, landscape, and the built environment.
(e) The integration of works of art on the site where appropriate and possible.
[Added 3-5-2003 by Ord. No. 2003-8]
(f) The appropriate arrangement of landscape and architectural elements to
preserve existing views both to, from and through the site.
(4) Adequate wastewater and sewage disposal facilities. Calculations of the existing
and estimated increased loads on the system may be required.
(5) Adequacy of fire lanes and fire and emergency access and the availability of fire
hydrants.
(6) Safe arrangement of vehicular access, circulation, intersections and traffic
controls. Analysis of the project's impact on parking and traffic may be required,
including sight lines at curb cuts.
(7) Handicap accessibility of buildings, pathways and parking in accordance with
ADA standards.
(8) Safe and convenient pedestrian and bicycle access and circulation, including
provision of sidewalks along public streets, unless applicant demonstrates that a
sidewalk is not feasible due to site constraints.
(9) Open space for play areas and informal recreation in the case of a residential
development.
(10) Provisions for energy efficiency, renewable energy, and green design as
determined by the Board
(11) Conformance to any endorsed or adopted urban design plan or comprehensive
plan relevant to the proposed site.
(12) For new construction of multiple dwellings, commercial buildings and office
buildings, adequate and appropriately located facilities for the storage and
collection of solid waste and recyclable materials shall be required. Developers of
new commercial and mixed-occupancy buildings must design a waste
management system that can support the needs of any allowable use in the
building, including those uses that could result in maximum garbage generation.
Screening of these facilities, as well as other actions relating to the appearance of
the facilities, may be required in accordance with the Exterior Property
Maintenance Ordinance, Chapter 178 of the City of Ithaca Municipal Code.
[Amended 6-13-2001 by Ord. No. 2001-8; 3-5-2003 by Ord. No. 2003-8]
(13) Shielding or reduction of noise from mechanical equipment and other sources to
the extent reasonably practicable.
(14) Screening or architectural integration of a building’s or structure’s exterior
mechanical equipment.
(15) The scope and definition of the proposed development shall include all previous
development on the property occurring within the past two years within 200 feet
of the proposed development which, when considered together, may have a
substantial aggregate effect on the surrounding properties. (See definitions of
"development" and "affected site area" in § 276-2B.)
B. Criteria for plant materials and maintenance. All projects shall provide for adequate
types and arrangements of landscaping, both to enhance the site and to complement
the architectural components of the development and to screen or buffer adjacent uses
in public ways. Use of invasive species should be avoided. Where possible and
reasonable, trees shall be planted in an 8’ tree lawn adjacent to the road. The City
Forester shall, when appropriate, be consulted regarding specifications governing tree
species, size, spacing and method and location of planting. Appropriate guaranties for
tree health may be required. Where possible and reasonable, any trees greater than 8
inches in diameter at breast height of desirable species and in good health and sound
structure, as determined by the City Forester, should be retained on the site and
protected during development per the requirements of § 306-7B of Chapter 306,
Trees and Shrubs.
(1) Deciduous trees shall have a caliper of at least 2 1/2 inches at the time of planting.
Size of evergreen trees and shrubs may vary depending on location and species.
(2) All plant materials shall be installed to the following standards:
(a) All planting beds to be excavated to a minimum depth of two feet.
(b) Tree pits in lawn to be excavated to depth of root ball plus 6” and shall be 3X
the width of the root ball.
(c) All trees in lawn areas to receive 5’ diameter mulch rings.
(d) Only nursery-grown plant materials shall be acceptable. All trees, shrubs and
ground cover shall comply with applicable requirements of ANSI Z60.1
“American Standard for Nursery Stock”.
(e) No plants or trees shall be located beneath building overhangs.
(f) Depending on site design and soil conditions, structural soil may be required
under sidewalks and in planting beds contiguous to paved areas. The City
Forester and/or the Director shall work with the applicant to determine the
need for structural soil and the extent of its use.
(3) Dead, dying and/or seriously damaged plant materials of the approved site plan
shall be replaced, by the owner, within a reasonable time period during the current
(or immediate next) planting season. Any other damaged or missing elements,
including but not limited to fences, bollards, signs, shrubs, street furniture, etc., of
the approved plan must be similarly replaced by the owner. This will assure that
landscaping remains in compliance with the final site plan as approved by the
Planning and Development Board.
(4) For projects on City property, the City Forester and the Shade Tree Advisory
Committee shall be consulted in plant species selection and planting soil
specification.
(5) Notwithstanding any provision in this chapter or any other City ordinance or
regulation to the contrary, an approved site plan may not be modified without
express written approval of the Planning and Development Board except as
approved by the Building Commissioner upon consultation with the Director as
specified herein above.
C. Criteria for automobile parking areas. All parking areas shall be designed in
conformance with §325.20 of the City Ordinance. The Board may make such
additional reasonable stipulations as it deems appropriate to carry out the intention of
this chapter.
(1) Parking areas in Residential Zoning Districts. In order to protect the
character of residential areas, plans for parking areas with the capacity of
three or more cars within residential zoning districts must conform to
either the setback compliance method or, at the discretion of the Planning
Board, the landscaping compliance method described respectively in
§ 325-20E(5)(a) and (b). Such plans must also comply with all other
general and specific standards of § 325-20. Where turnarounds, or other
maneuvering spaces not required for access to parking spaces, are
provided that meet minimum size for a parking space, they shall be
counted as a parking space for the purposes of this subsection.
(2) Applicants are encouraged to design parking areas with pervious paving
when feasible.
D. Criteria for bicycle parking facilities. Bicycle parking shall be required for all uses
requiring site plan review as per Sec. 276-3(A)(2) except as may be determined by
the Board or the Transportation Engineer. Covered bicycle parking is strongly
recommended.
§ 276-8. Fees.
A. Application fees. The application fees shall be based on the total construction, site
work, and landscaping cost and shall be charged in accordance with the following
schedule.
Type of Approval Project Cost Application Fee
Less and $10,000 $75
$10,000 to
$50,000
$150
$50,000 to
$100,000
$300
Full Site Plan Review
Over $100,000 $1.50 per $1,000
Less than $50,000 $150 *Modified Site Plan
Review $50,000 or more $250
Limited Site Plan
Review
Any Amount $50
*The Fee Schedule for Modified Site Plan Review applies only to modifications
to the approved site plan that do not trigger reconsideration of the determination
of environmental significance. Modifications that require additional
environmental review shall follow the fee schedule for Full Site Plan Review.
B. Payment of Fees. For site plan review projects that require a use or area variance
from the BZA, 50% of the fee is due at the time of application and 50% is due
after the Planning Board completes environmental review. For all other projects,
the full fee is due at the time of application.
§ 276-9. Performance guaranty.
No certificate of occupancy or certificate of completion shall be issued until all
improvements required by site plan approval are installed, and including any conditions
placed on such approval are fulfilled, or until a sufficient guaranty, in the form of a
performance bond, letter of credit or other security, is in place. The Building
Commissioner shall be responsible for the overall inspection of site improvements.
§ 276-10. Expiration of approval; extension of approval. [Amended 12-12-2001 by
Ord. No. 2001-12]
If the construction of a development has not commenced within two years of the date of
the site plan approval, such approval shall expire, unless an extension has been granted
by the Board following a written request by the applicant. An application for an extension
of SPR approval shall not be considered a new SPR application.
§ 276-11. Enforcement; inspections; penalties for offenses.
Development projects may be periodically inspected for conformance to the approved
site plan, including the maintenance of the viability of the planting required as part of the
site plan approval. If there is nonconformance, or if any conditions of SPR approval are
not fulfilled, no certificate of occupancy or certificate of completion shall be issued.
Where a development reverts to nonconformance after the issuance of a certificate of
occupancy or certificate of completion, current owners of the development shall be
notified, in writing, and given the opportunity to correct the situation. If the Director
determines that the corrective measures are inadequate, the city shall implement any
necessary changes to the site to bring it into conformance, the cost of which shall be
charged to the property owner. In addition, a fine of $50/day may be imposed for any
violations of the provisions of this chapter or of any conditions imposed by a permit
issued pursuant to site plan approval. Development projects shall be inspected at least
once two years after the issuance of a certificate of occupancy or certificate of
completion.
§ 276-12. Appeals.
A. The determination (by the Building Commissioner) of whether a development
proposal is subject to SPR may be appealed to the Board within 30 days of the written
notification that SPR is required.
B. Any person aggrieved by any decision of the Director may appeal to the Board.
C. Any person aggrieved by any decision of the Board, or any officer or agency of the
city, regarding SPR, may apply to the Supreme Court for review by a proceeding
under Article 78 of the Civil Practice Law and Rules.
§ 276-13. Severability.
If any section, paragraph or provision of this chapter shall be determined to be invalid,
such invalidity shall apply only to the section, paragraph or provision adjudged invalid,
and the rest of this chapter shall remain valid and effective.
To: Planning & Economic Development Committee
From: Rental Housing Advisory Commission
Re: Exterior Property Maintenance Ordinance
Date: 25 July 2012
After a thorough review and discussion of the proposed changes to the Exterior Property Maintenance
Ordinance, the Rental Housing Advisory Commission submits the following thoughts and
recommendations. The rental-housing sector represents 70% of the City’s dwelling units, and is a
substantial small business sector. The RHAC appreciates the Council examining the city charter for
issues that affect the rental-housing sector. Because the RHAC is made up of both landlords, renters and
non-profit housing providers, we have tried to represent all sides of the issue.
1) Establish a fine range. Given the variety of offenses that a fine under this ordinance might entail from
a trash can lid askew to piles of scrap, the RHAC suggests that establishing a fine range from $25 - 300
would be a more fair process. This would allow the discretion of the City prosecutor and Court to
acknowledge the severity of a citation, while still providing for a clean and sanitary environment.
2) Revise the increasing fine levels. If the PEDC and/or the Common Council find it inappropriate to
establish a fine range, the RHAC recommends that smaller fines would be more equitable.
3) Reset fine clock for new tenants. Because turnover is high among some populations of the rental
housing sector, the Commission recommends that the escalating fine structure, if the Council opts to
maintain it, should reset with new tenants instead of after 12 months. The RHAC is concerned about the
fairness of a new tenant being saddled with the highest fine because of actions resulting from the
previous tenant. The current charter language states that the fine escalation shall reset after 12 months.
The RHAC suggests having a reset after new tenants move in OR 12 months with the same tenant.
4) Establish notification requirements for landlords/agents. Even though responsibility of resolving fines
may be established in leases, the property owners still receive the fines accrued and passes them on to
the tenant in some fashion. Unfortunately, notification can take time and the tenant thus can be saddled
with further tickets if the problem is not resolved. A requirement of a time frame of 30 days past the
ticket issuance for notice of tickets should be set in place.
5) Establish an “opportunity to cure.” Since the fines that result from the EPMO are meant as a deterrent
for unsightly properties, the Commission recommends that Common Council create an opportunity to
cure the problem for first-time offenders.
Thank you for your consideration.
Rental Housing Advisory Commission
Larry Beck, co-chair
Mitch Paine, co-chair
CITY OF ITHACA
108 East Green Street — 3rd Floor Ithaca, New York 14850-5690
DEPARTMENT OF PLANNING AND DEVELOPMENT
JOANN CORNISH, DIRECTOR OF PLANNING & 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
To: Planning and Economic Development Committee
FROM: Jennifer Kusznir, Economic Development Planner
DATE: July 18, 2012
RE: Proposed Planned Unit Development Floating Zoning District
The purpose of this memo is to provide information regarding a proposal to establish a Planned
Unit Development (PUD) floating zoning district in the City.
A PUD is a special zoning district that is initially created by Common Council as a floating zone,
which is a district that is established in the code, but is not placed on the official zoning map.
The PUD is intended to provide the City and a developer with flexibility in site and building
design, economies of scale in site development, and greater protection of valued open spaces or
environmentally sensitive areas. Often used by suburban or rural communities to create planned
unit neighborhood, PUDs can be effective in urban settings by allowing the flexibility needed to
redevelop difficult or complex sites or by allowing a mix of uses that will make the
redevelopment economically feasible.
The advantage of having an established PUD district is that it eliminates the need for variances
from zoning while allowing the City to retain a measure of control for the type of development
that is desired for any given site, since the use of the PUD would require Council approval.
This legislation was considered several years ago, but was not adopted. Recent development
interest in the City (Emerson, Ithaca Gun, Carpenter Business Park) has offered the opportunity
to once again explore this type of flexible zoning. Attached is the draft ordinance that was
previously considered.
If the committee is in agreement, staff will draft circulate the draft ordinance and return next
month with any comments that are received. If you have any questions, feel free to contact me at
274-6410.
BE IT NOW ORDAINED AND ENACTED by the Common Council of the City of Ithaca
that Chapter 325 (Zoning) of the Municipal Code of the City of Ithaca is hereby
amended as follows:
Section 1. Chapter 325, Section 325-3(B) of the Municipal Code of the City of Ithaca is
hereby amended to add the following definition of a Planned Unit Development:
Planned Unit Development - One or more lots, tracts, or parcels of land to be developed
as a single entity, the plan for which may propose density or intensity transfers, density
or intensity increase, mixing of land uses, or any combination thereof, and which may
not correspond in lot size, bulk, or type of dwelling or building, use, density, intensity, lot
coverage, parking, required common open space, or other standards to zoning use
district requirements that are otherwise applicable to the area in which it is located.
Section 2. Section 325-4 of the Municipal Code of the City of Ithaca entitled
“Establishment of Districts” is hereby amended to insert the new PUD zoning district as
follows:
PUD Planned Unit Development
Section 3. A new section 325-27 is inserted as follows:
Ҥ325-27. Planned Unit Development.
A. Declaration of Legislative Authority and Purpose. This ordinance is enacted pursuant
to the authority and provisions of the New York State General City Law to promote
public health, safety and welfare and the most desirable use of land, to conserve the
value of buildings, and to enhance the value and appearance of land throughout the
city. This ordinance is also enacted pursuant to the authority and provisions of New
York State General City Law §81-f, Planned Unit Development Zoning Districts,
which was enacted by the State Legislature on July 29, 2003. The Common Council
intends that this Ordinance:
1. Will permit flexibility in the application of land development regulations that
will encourage innovative development and redevelopment for residential and
nonresidential purposes so that a growing demand for housing and other
development and land use may be met by variety in type, design, and layout
of dwellings and other buildings and structures, including traditional
neighborhood development and appropriate mixed-use.
2. Will permit flexibility in architectural design, placement, and clustering of
buildings, provision of open space and circulation facilities, including
pedestrian and bicycle facilities and parking, and related site and design
considerations.
3. Will encourage the conservation of natural features, preservation of open
space and critical and sensitive areas, and protection from natural hazards.
4. Will provide for efficient use of public facilities.
5. Will encourage and preserve opportunities for energy-efficient development
and redevelopment.
6. Will promote attractive and functional environments for residential and
nonresidential areas that are compatible with surrounding land use.
B. The application of the Planned Unit Development ordinance to a proposed
development:
1. Shall be sought by the owner of the property or properties, or shall be sought
with the approval of the owner or owners of the property or properties, as
demonstrated by submission to the City of Ithaca of a signed “Owner’s
Authorization” by the applicant;
2. Shall be limited to sites that are:
a) Equal to or greater in land area than 60,000 square feet for sites without
structures or
b) Equal to or greater in land area than 20,000 square feet for sites with
existing structures or for vacant sites that were previously developed.
3. Shall be consistent with and work towards the implementation of the City of
Ithaca Comprehensive Plan, as amended from time to time.
C. Application procedure; review by City staff and the Planning and Development
Board.
Whenever any Planned Unit Development is proposed, before any permit for the
erection of a permanent building in such Planned Unit Development shall be granted,
the developer or the developer’s authorized agent shall apply for and secure approval of
such Planned Unit Development in accordance with the following procedures:
1. Application for sketch plan approval.
a) A pre-submission conference between the applicant and staff of the
Department of Planning and Development may be held to discuss the
proposal, outline the review procedure and required submissions and
inform the applicant of minimum standards and potential city concerns of
the conceptual project.
b) The developer shall submit a sketch plan of the proposal to the Planning
and Development Board. The sketch plan shall be approximately to scale,
though it need not be to the precision of a finished engineering drawing,
and it shall clearly show the following information:
i) The boundaries and included tax parcels in the proposed Planned Unit
Development.
ii) The location of the various uses and their areas in square feet.
iii) The general outlines of the interior roadway system, including parking
and service/delivery areas, and all existing rights-of-way and
easements, whether public or private.
iv) Delineation of the various residential areas indicating for each such
area its general extent, size and composition in terms of total number
of dwelling units, approximate percentage allocation by dwelling unit
type (e.g., single-family detached, duplex, townhouse, garden
apartments, etc.); and general description of the intended market
structure (e.g. luxury, middle income, low and moderate income,
elderly, family, student, etc.) plus a calculation of the residential density
in dwelling units per gross acre (total area including roadways) for
each such area.
v) The interior open space system.
vi) The overall drainage system.
vii) If grades exceed 3% or portions of the site have a moderate to high
susceptibility to erosion, flooding and/or ponding, a topographic map
showing contour intervals of not more than five feet of elevation, or as
may be reasonably required by the Planning & Development Board,
along with an overlay outlining the above susceptible soil areas, if any.
viii)Principal ties to the community at large with respect to transportation,
water supply and sewage disposal.
ix) General description of the provision of fire protection services.
x) A map showing general location within the City of Ithaca (e.g., a City-
wide map or a USGS quadrangle map highlighting the proposed
development site would be acceptable).
xi) A context map showing building footprints, uses and ownership of all
properties within 200 feet of the boundaries of the proposed PUD site.
2. In addition, the following documentation shall accompany the sketch plan at
the request of the Planning and Development Board:
a) Evidence that the proposal is compatible with the goals of the City
Comprehensive plan, as amended from time to time.
b) A general statement as to how common open space is to be owned and
maintained.
c) If the development is to be staged, a general indication of how the staging
is to proceed. Whether or not the development is to be staged, the sketch
plan shall show the intended total project.
d) Other plans, drawings or specifications as may be required for an
understanding of the proposed development.
3. The Planning and Development Board shall hold a public hearing on the
proposal within thirty-five (35) days of receipt of an application for sketch plan
approval. Notice of the hearing shall be served by the city to the public at
least ten (10) days before the date of such hearing, by means of a legal
notice in the official newspaper of the City of Ithaca, and by the applicant to
each owner of real estate within a distance of two hundred (200) feet from the
exterior boundaries of the proposed PUD district by means of a letter
addressed to the owner of record of such real estate delivered by first class
mail. The applicant shall also post a public notice of the PUD proposal at the
project site for a minimum of 10 days before the public hearing. This notice
must remain in place at least until the Planning and Development Board has
rendered its report on the application or until the 65 day period of review has
expired (see #5 below). The notice shall specify the type and size of the
development project; the time and place of the public hearing; and to whom
and by when any public comments are to be communicated. The notice must
be placed at or near the property line in the front yard so that it will be plainly
visible from the street, and, in cases where a property has frontage on more
than one street, an additional sign must be placed at or near the property line
on any additional street frontage so that the sign will be plainly visible from
the street on which it has such additional frontage. The costs of notification,
including but not limited to publishing, posting and mailing costs, shall be paid
by the applicant prior to the issuance of any building permit.
4. The Planning and Development Board shall review the sketch plan and its
related documents and shall render either a favorable report to the Common
Council or an unfavorable report to the applicant.
a) A favorable report shall be based on the following findings which shall be
included as part of the report:
i) the proposal conforms to the Comprehensive Plan, as amended from
time to time, and
ii) the proposal meets the intent and objectives of a Planned Unit
Development as expressed in Section 3(A) above and is a desirable
way to regulate the development of the site, and
iii) the proposal is conceptually sound in that it conforms to accepted
design principles in the proposed functional roadway and pedestrian
system, land use configurations, neighborhood context, open space
system, drainage system and scale of the elements both absolutely
and in relation to one another, and
iv) there are adequate services and utilities available or proposed to be
made available for the development.
b) An unfavorable report shall state clearly the reasons therefore and, if
appropriate, point out to the applicant what might be accomplished in
order to receive a favorable report. The applicant may, within 10 days after
receiving an unfavorable report, file an application for PUD districting (an
appeal) with the City Clerk, who shall notify the Mayor to bring the matter
to the next Common Council meeting.
5. The Planning and Development Board shall submit its report within sixty-five
(65) days of a submittal of a sketch plan application to the Department of
Planning and Development. If no report has been rendered after sixty-five
(65) days, the applicant may proceed as if a favorable report were given to
Common Council.
D. Application procedure; PUD zoning approval
1. Common Council shall receive a PUD report from the Planning and
Development Board or an applicant’s appeal at a duly convened Common
Council meeting. Upon receipt of a favorable report from the Planning and
Development Board, or upon an appeal from an unfavorable report, Common
Council shall conduct a public hearing for the purpose of considering PUD
districting for the applicant’s plan, said public hearing to be held within 35
days of the receipt of a favorable report or an appeal from an unfavorable
report. Notice of this hearing shall be served by the city to the public at least
fifteen (15) days before the date of such hearing, by means of a legal notice
in the official newspaper of the City of Ithaca. The public hearing shall be held
by the Common Council in accordance with its own rules and General City
Law §83.
2. Common Council shall refer the application to the Tompkins County Planning
Department for its analysis and recommendation pursuant to the provisions of
§239-l and §239-m of the General Municipal Law, if applicable. Common
Council shall give the Tompkins County Planning Department 30 days to
render its report.
3. In considering an application for a Planned Unit Development district,
Common Council shall comply with the provisions of the New York State
Environmental Quality Review Act and the City of Ithaca Environmental
Quality Review Ordinance.
4. In considering an application for a Planned Unit Development district,
particularly as regards the intensity of land use, Common Council shall
consider the following questions:
a) What are the proposed land uses in the proposed location?
b) Is the PUD a desirable way to regulate the development of the proposed
site?
c) What are the heights of buildings? How do building masses and locations
compare to each other and to other structures in the vicinity?
d) Are there available and adequate transportation systems within the PUD
for pedestrians, bicycles, and motor vehicles, including transit? What is
the impact on the external transportation network?
e) What is the character of the neighborhood in which the PUD is being
proposed? Are there safeguards provided to minimize possible detrimental
effects of the proposed use on adjacent properties and the neighborhood
in general?
f) How do the proposed open space and recreational systems function within
the PUD and in relation to the City’s overall open space and recreational
systems?
g) What is the general ability of the land to support the development,
including such factors as slope, depth to bedrock, depth to water table and
soil type?
h) What potential impacts are there on environmental, historical, and
architectural resources? Does the proposed PUD serve to protect these
resources?
i) What potential impacts are there on local government services?
j) Is there available and adequate water service?
k) Is there available and adequate sewer service?
l) Other questions as may be deemed appropriate by the Common Council.
5. Within 45 days of the public hearing, Common Council shall render its
decision on the application. Common Council shall state at this time its
findings with respect to the questions listed in Section D (4) above and the
land use intensity and/or dwelling unit density. Common Council may, if it
feels it necessary in order to fully protect the public health, safety and welfare
of the community, attach to its zoning resolution any additional conditions or
requirements for the applicant to meet. Such requirements may include, but
are not limited to:
a) visual and acoustical screening
b) land use combinations
c) sequence of construction and/or occupancy
d) circulation systems (vehicular, bicycle, and pedestrian), including parking
and service/delivery areas
e) the amount, location, and proposed use of common open space;
f) the location and physical characteristics of the proposed Planned Unit
Development;
g) the location, design, type, height, and use of structures proposed;
h) traditional neighborhood development provisions intended to ensure:
i) The creation of compact neighborhoods oriented toward pedestrian
activity and including an identifiable neighborhood center, commons or
square;
ii) a variety of housing types, jobs, shopping, services, and public
facilities;
iii) residences, shops, workplaces, and public buildings interwoven within
the neighborhood, all within close proximity;
iv) a pattern of interconnecting streets and blocks that encourages
multiple routes from origins and destinations;
v) a coordinated transportation system with appropriately designed
facilities for pedestrians, bicyclists, public transit, and automotive
vehicles;
vi) preservation, restoration, and maintenance of historic buildings that
physically express the history of the City of Ithaca unless it is shown
that the building’s condition prohibits preservation, restoration,
renovation, or reuse;
vii) natural features and undisturbed areas are incorporated into the open
space of the neighborhood;
viii)well-configured squares, greens, landscaped streets, and parks are
woven into the pattern of the neighborhood;
ix) public buildings, open spaces, and other visual features act as
landmarks, symbols, and focal points for community identity;
x) compatibility of buildings and other improvements as determined by
their arrangement, bulk, form, character, and landscaping to establish
a livable, harmonious, and diverse environment; and
xi) public and private buildings that form a consistent, distinct edge, are
oriented towards streets, and define the border between the public
street space and the private block interior.
E. Zoning for Planned Unit Development. If Common Council grants the PUD
districting, by an ordinance duly adopted, the Zoning Map shall designate the
proposed area as “Planned Unit Development (PUD) District Number___.” The
Common Council ordinance shall stand as the zoning requirements for the PUD
district.
F. Site Plan Review. Site plan approval for all Planned Unit Developments shall be
obtained in accordance with Chapter 276 of the City Code, Site Plan Review.
G. Regulation after PUD or Site Plan Approval. For the purposes of regulating
development and use of property after PUD or Site Plan Approval, the approved final
site plan shall serve in lieu of other provisions of this chapter as the use, space and
bulk, yard, parking and other land use regulations applicable to the Planned Unit
Development district. Any changes, other than use changes (see below), shall be
processed as a change to an approved site plan, in accordance with §276-6 (C). In
addition to the three possible determinations listed in §276-6, the Building
Commissioner, in consultation with the Director of Planning and Development, may
determine that the proposed changes are substantially different from the Planned
Unit Development district approved by Common Council and that a new PUD
application is required. Use changes shall also be in the form of a change to an
approved site plan except that the Planning and Development Board shall have the
opportunity to make a recommendation to Common Council and that Common
Council approval shall be required. It shall be noted, however, that properties lying in
Planned Unit Development districts are unique and shall be so considered by the
Planning and Development Board or Common Council when evaluating these
requests; maintenance of the intent and function of the planned unit shall be of
primary importance.
H. Expiration of permit. All permits shall become null and void, and the Zoning Map
amendment revoked and restored to the zoning designation to which the district had
been prior to the PUD application, if construction has not started within three (3)
years of the date of final site plan approval. However, the applicant may petition the
Planning and Development Board before the expiration date for an extension of no
more than two (2) years. If the applicant can demonstrate substantial investment or
reasonable progress towards construction to the Planning and Development Board,
the extension shall not be unreasonably denied. Additional extensions may also be
granted by the Planning & Development Board.”
Section 4. Severability. Severability is intended throughout and within the provisions of
the 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 5. Effective Date. This Ordinance shall take effect in accordance with law
upon publication of notices as provided in the Ithaca City Charter.
Section 3. The Official Zoning Map of the City of Ithaca is hereby amended to change
the designation from R-3a to R-2c for the following tax parcels: 57.-3-1, 57.-3-2.2, 57.-3-
3, 57.-3-4, 74.-3-1, 74.-3-2, 74.-3-3, 74.-3-4, 74.-3-5, 74.-3-6, 74.-3-7, 74.-3-8, 74.-3-9,
74.-3-11, 74.-3-10, 74.-3-12, 74.-3-13,74.-3-14, 74.-3-15, and 77.-2-3.
The boundaries of this amendment are shown on the map entitled “Proposed R-3aa, R-
2c, R-2b Zoning Amendment-July 2010,” a copy of which shall be on file in the City
Clerk’s office.
Section 4. 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 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.
Publish Date: September 17, 2010