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cp,PPo.. .,0 00; DEPARTMENT OF PLANNING AND DEVELOPMENT
H. MATTHYS VAN CORT, DIRECTOR OF PLANNING AND DEVELOPMENT
DOUGLAS B. McDONALD, DIRECTOR OF ECONOMIC DEVELOPMENT
Telephone: Planning& Development-607/274-6550 Community DevelopmenvlURA-607x274-6559
Fax: 607/274-6558
To: Planning Committee
From: Jennifer Kusznir, Economic Development Planner -\L_
Date: Tuesday, April 03, 2001
SUBJECT: STREET-LEVEL RETAIL SPACE -- For Discussion Only
The following memo addresses the issue of street-level office space restrictions. The memo also
outlines a staff-recommended course of action that is consistent with the objectives of the "Downtown
Ithaca Development Strategy for 2000-2010” and which was extrapolated from an analysis of similar
regulations employed by other cities.
Recently, the Ithaca Downtown Partnership completed a document entitled the "Downtown Ithaca
Development Strategy for 2000-2010." This strategy outlines various goals for the City of Ithaca over
the next decade. One of the many suggestions of the strategy is to reserve street-level building space in
the primary and secondary Commons for retail activities.
OBJECTIVE
One of the goals of the City is to strengthen the downtown retail sector. Reserving street-level building
space for retail is an approach that aims to promote pedestrian activity and create streets that are
convenient, interesting and diverse. This is attainable by restricting professional offices from locating on
the ground floor of buildings. The goal of this legislation is not to turn away future business but rather
to encourage small-scale retail to locate in an active downtown region.
Many other cities have addressed this same issue and have found various solutions. Some cities, such
as San Francisco, choose to encourage retail to locate in the city by offering bonuses and other
incentives. San Francisco does not enforce any specific restrictions on office space. This method seems
to be most effective in larger cities where heavy new development is happening. Other cities like
Media, Pennsylvania and Bellevue, Washington, find it more effective to create legislation that
mandates that the ground floor must be reserved for retail purposes. Many other cities have had success
with similar legislation and have been able to revitalize their downtown sections.
SUGGESTIONS
Option 1 (Map 1):
One possible plan for the City of Ithaca to pursue is to create a zoning overlay district that would
designate streets by level of pedestrian activity. For example, The Ithaca Commons is an area that
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exhibits high pedestrian activity and therefore this area should reserve all street-level uses for retail.
The attached map has this area designated as "A". Periphery streets, designated as `B" on the map, are
streets with moderate pedestrian activity which contain a mix of retail and service offices.
All streets designated "A" on the attached map shall be restricted to retail uses on the ground floor
along the frontage of the building. Office space may only locate on the ground floor when it is found
behind a retail use. The frontage of all buildings shall have street-level activities restricted to the
following types of uses:
• Retail Stores; (Retail stores are defined as any shops or stores whose primary source of income
is from the sale of products not services. These uses include but are not limited to: clothing
and accessory stores,jewelry stores, furniture stores, hardware stores, locksmith, drug stores,
antique and second-hand stores,pet stores, florists, etc.)
• ice-cream stores (retail ice-cream only)
• restaurants, bars,bakeries, delicatessens
• wine centers
• art galleries
• visitor centers
• The only permitted service offices for the street-level frontages of buildings in this area are
banks and security offices such as police sub-stations.
All streets designated `B" on the attached map shall allow all of the permitted uses on "A" streets. In
addition to those uses, `B" streets also have the following permitted street-level uses:
• Customer service offices; (Customer service offices are defined as any offices that are geared
towards a walk in clientele and do not require appointments. These uses include: branch
banks, travel agencies, airline ticket offices, brokerage firms, real estate offices, and
government agencies,which provide direct services to clients.)
• Service-based shops; (Service-based shops are defined as any shops or stores whose primary
function is a service. These uses include but are not limited to: bicycle repair shops, repair
shops for household equipment, dressmakers, film exchange or developing, shoe repair shops,
tailors, interior decorating/upholstery,picture framing,print or publishing shops, etc.)
• gymnasiums, dance studios
• laundries, laundromats, dry cleaners
• theatres, cinemas, nightclubs and auditoriums
• museums and libraries
• public atriums
• barber shops/beauty parlors/nail salons/tattoo parlors
All other office types are permitted on the upper floors and rear of the buildings behind retail. Neither
of these sections shall permit professional law, medical, dental, or accounting offices on the ground
floor frontage of any building. Medical and Dental clinics and laboratories shall also only be permitted
on the upper levels in these sections.
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In addition, for the first 10 feet of height above the public sidewalk elevation the exterior building wall
shall contain windows and or doorways of transparent glass covering at least fifty percent of the wall
area in all buildings on"A" and"B" streets.
Option 2 (Map 2):
An alternative plan would be to prohibit offices from locating on the ground floor frontages of buildings
on The Commons only. This is a simpler solution and does not restrict any office space from locating
on side streets. The negative aspect of this plan is that while it preserves the areas that have retail, it
doesn't encourage new retail sections to grow.
CONCLUSION
Many other cities have considered this topic in great detail and have come to the conclusion that a
healthy looking city is one that is varied, exciting and lively with a large amount of pedestrian activity
(See Attachment for examples of other cities). The City of Ithaca has established some well-defined
goals for the next ten years. In order to achieve these goals it would be beneficial to create written code
that requires a pedestrian district. This can be achieved by establishing restrictions and plans regarding
the street-level uses of buildings.
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Attachment
Date: April 18, 2001
SUBJECT: STREET-LEVEL RETAIL SPACE
Recently, the Ithaca Downtown Partnership completed a document entitled the
"Downtown Ithaca Development Strategy for 2000-2010." This strategy outlines various
goals for the city over the next ten years. One of the many suggestions of the strategy is
that street level building space in the primary and secondary Commons be reserved for
retail activities. The following memo addresses this issue and provides examples of other
cities that have successfully addressed this concern.
The Downtown Development Strategy specifies that one of the goals of the city is to
strengthen the downtown retail sector thereby encouraging pedestrian activity. Reserving
street-level building space for retail is an approach that aims to promote pedestrian
activity and create streets that are convenient, interesting and diverse.
Many other cities have addressed this issue, and have found various methods of
encouraging street-level retail. Some cities have ordinances that prohibit any non- retail
uses on the ground-floor, others place heavy restrictions on the type of non-retail uses
that are allowed, while others offer bonuses to encourage retail, but do not prohibit any
specific uses. All of these cities seem to feel that their system does encourage retail uses,
which consequently increases pedestrian activity. The following are some examples of
cities that have enacted legislation on this issue:
Media, Pennsylvania
The city of Media, Pennsylvania has addressed this issue by passing an ordinance in
December of 1999, specifying uses in the zoning district entitled the Retail-Office-
Apartment Zone (ROA). The specific ordinance is as follows:
• Professional or business offices or studios, or financial institutions (other than banks)
are not permitted on the ground floor and/or first floor at front of store grade level and
are permitted by right only on higher floors in the ROA zone.
There has been some slight controversy over this ordinance. Some property owners have
expressed concern that they could rent at a higher rate to office space and that there is no
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call for retail space in the city. This ordinance is going to be reviewed in December to
evaluate whether or not it has been effective.
Pasadena, California
Another city that has successfully restored ground-floor retail and formed lively
pedestrian filled streets is Pasadena, California. The Municipal Code of Pasadena,
California specifies certain districts where retail use is required at street-level. The code
states the following:
• The ground floor of any building in the CD-2 district shall be limited to retail or
personal service uses for at least 50% of the building frontage
• Residential and commercial uses are not permitted unless retail sales are provided at
the street level of the same building in Area 2 of the Central District
• Residential and commercial uses are permitted with retail uses at the street level in
Area 3 in the Central District
• Non-retail commercial and residential uses are permitted only in conjunction with
retail sales at street level in Area 4 of the Central District.
• Residential and office uses shall be limited to lots with frontages on California Blvd.
And shall be above the ground floor in CD-12 of Area 7 in the Central District
Seattle, Washington
Seattle has a well-established pedestrian district and has therefore not found it necessary
to prohibit all ground-floor office use. Instead, the city defines specific types of office
uses that are prohibited at street-level and others that are only allowed on upper floors.
The Downtown office Core street-level permitted uses are as follows:
• Retail sales and services, except lodging;
• Human service uses and child care centers;
• Customer service offices; (Customer service offices are defined as any offices that are
geared towards a walk in clientele and do not require appointments. These uses
include branch banks, travel agencies, airline ticket offices, brokerage firms, real
estate offices, and government agencies, which provide direct services to clients.)
• Entertainment uses; including cinemas and theaters;
• Museums and libraries; and
• Public atriums.
All other office types are permitted on the upper floors
In addition to the above restrictions, the city offers floor area bonuses to any retail uses
on the ground floor of buildings located in the zones that have street-level requirements.
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The city finds that since it has such a well-established pedestrian district the bonuses are
not necessary to encourage retail and have considered eliminating them.
San Francisco, California
San Francisco strives to keep strong its well-established pedestrian district by offering
bonuses for retail uses. Their intent is to encourage retail uses that create pedestrian
activity and interest. The city's code states that while a theater may generate pedestrian
traffic, it creates no pedestrian interest. Theaters are usually blank-walled and
inaccessible to the public without paying an entrance fee. Since most people don't visit
theaters as frequently or as spontaneously as retail sales shops, theaters do not service
convenience shopping and service needs. The city exempts from the definition of gross
floor area in the C-3 Districts, up to 75 percent or 5,000 square feet of ground floor space
devoted to personal services, restaurants, and retail sales of goods intended to meet the
convenience shopping and service needs of downtown workers and residents.
Glendale. California
The design guidelines of Glendale, California specify that ground floor uses should be the
most active uses within a building. The guidelines state that if the ground floor of a
building is active then the city is vibrant. It further states that major streets should have a
preponderance of retail activity, while secondary and other minor streets can have retail
activities at the corners or at important places at the middle of a block.
Minneapolis, Minnesota
Minneapolis has very specific ordinances that state that in certain districts only street-
level retail uses are permitted. Ordinance #551.940 of the Minneapolis Code mandates
that all buildings in the Nicollet Mall overlay district shall contain retail uses at the street
level. It also states that all buildings are required to have retail occupy at least 60% of the
gross floor area of the first floor and shall extend to at least 60% of the first floor facade
fronting on Nicollet Mall. Each retail use is encouraged to have at least one (1) separate
entrance from Nicollet Mall and are encouraged to include awnings and canopies to
provide protection to pedestrians and to emphasize individual uses and building
entrances. Permitted street-level retail and service uses are as follows (but not limited
to):
• Bakery
• Barber shop/beauty salon
• Clothing and accessories, jewelry store, dry cleaning pick-up station, shoe
repair/tailor
• Drug store, film developing
• Electronics, radio and television service and repair, bicycle sales and repair
• Furniture store, hardware store, interior decorating/upholstery, locksmith,
picture framing
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Santa Monica, California
In 1981, The City Council of Santa Monica, California amended the City Land Use
Ordinance to change the text for the C2 Neighborhood Commercial District. The text
was changed to eliminate office use as a permitted use unless the development is mixed
with community oriented commercial or residential uses and to make residential uses
only permitted above the ground floor. The only permitted uses on the ground floor
street frontage of buildings in the C2 district are as follows:
• Retail stores, antique and second-hand stores, pet stores, taxidermists, upholsters
shops, dressmakers, shoe repair shops, ice-cream stores (retail ice-cream only),
wholesale stores (where the public is invited) , print or publishing shops, feed and
fuel stores, drug stores, film exchange or developing, florists, flower and plant
nurseries;
• Barber shops/beauty parlors, bicycle shops, repair shops for household equipment,
plumbing shops;
• Banks;
• Bakeries, delicatessens, restaurants with fewer than 50 seats, restaurants with more
than 50 seats by conditional use permit;
• Gymnasiums, dance studios, theatres and auditoriums with fewer than 75 seats;
• Laundries, Laundromats, dry cleaners
• Medical and dental clinics or laboratories (laboratories only permitted above the 1st
floor only)
• Other uses that the zoning administrator may find to be similar to those listed above
and not more obnoxious to surrounding property
Bellevue, Washington
The City of Bellevue, Washington is a good example of a city that has successfully
implemented regulations on street-level building use. The city has adopted into their
code, design guidelines, which established a hierarchy of right of ways reflecting the
different levels of pedestrian activity. Each level of pedestrian activity is assigned a letter
that designates different street-level uses. For example, all streets in sections `A' must
have 100% retail use at the street-level, and all `B' sections must have at least 50% retail
and allow service or commercial uses at the street-level. Also specified in these
guidelines are requirements for windows, street walls, multiple entrances, differentiation
of ground level and canopies, awnings or arcades, seating and special paving treatments
for the sidewalks. The following are some of the city's design guidelines that address
retail uses:
• Right-of-ways designated `A' shall have the highest orientation to pedestrians.
Street level edges of the entire project limit shall incorporate retail activities.
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• Right-of-ways designated `B' shall have moderate to heavy orientation to
pedestrians. Street level edges of the entire project limit shall incorporate retail and
service activities, with at least half of the frontage being in the retail category.
(Service activities being any retail activities, in addition to finance, insurance, and
real estate services and business services; Commercial activities being any retail or
service activities as well as professional services, general offices, libraries, museums,
recreation activities and hotels.)
Additionally, the city allows ground floor retail space that meets city guidelines to be
exempt from FAR calculations.
BONUSES
Two different ways that incentive programs can be implemented are with conditional
bonuses or with straight bonuses.
The conditional bonus is given at different amounts based on the level to which the
design meets the requirements. This allows the city to hold off on granting bonuses until
after they have signed off on the design. This offers less in the way of incentives to the
developer, in that they do not know what they will receive in the way of bonuses.
The straight bonus is simply a specific bonus that is offered once certain requirements are
met. One problem found with this method is that the city may find that they do not like
the design. Also the design may meet the standards given,but may not be developing the
site to its full potential.
While many of the cities seem to encourage the use of incentives to developers, this does
not seem to apply in places where heavy new development is not expected. Also some
cities have found the bonus system to not be entirely effective and are doing away with it.
San Francisco eliminated its bonus system in 1980 and replaced it with mandatory design
guidelines. The idea was that any amenities worth encouraging with bonuses should be
seen as essential to downtown development and should therefore be mandated rather than
encouraged.
CONCLUSION
Many other cities have considered this topic in great detail and have come to the
conclusion that a healthy looking city is one that is rich, exciting and lively with a large
amount of pedestrian activity. The City of Ithaca has established some well-defined
goals for the next ten years. In order to achieve these goals it would be beneficial to
create written code that requires a pedestrian district. This can be achieved by
establishing restrictions and plans regarding the street-level uses.
Q:\PLANNING\STAFFUennifer\Ground Floor Office Space\Ground Floor attachement.doc
e° CITY OF ITHACA
~r`'' • �''14 108 East Green Street Ithaca, New York 14850-5690
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•.r'' f DEPARTMENT OF PLAiNNING AND DEVELOPMENT
gPo/�7E0_' H. MATTHYS VAN CORT, DIRECTOR OF PLANNING AND DEVELOPMENT
DOUGLAS B. McDONALD, DIRECTOR OF ECONOMIC DEVELOPMENT
Telephone: Planning& Development-607/274.6550 Community Development/IURA- 607274-6559
Fax: 607/274-6558
To: Planning Committee
From: Jennifer Kusznir, Economic Development Planner>(
Date: Thursday, July 05, 2001
SUBJECT: STREET-LEVEL RETAIL SPACE
In April, 2001, The Planning Committee was asked to consider a proposal for a zoning
overlay district that would require retail space at street level in all buildings on The
Commons and, potentially, some of the surrounding streets. The goal of this proposal is
to maintain downtown's current vitality and to encourage the economic growth of the
downtown district. The Committee requested further information before acting on the
proposal. Enclosed are the requested items as follows:
Comments of the Downtown Partnership (memo enclosed in packet)
The Downtown Partnership expressed concern that enacting this ordinance without
obtaining additional information could have negative effects on the downtown. Although
the information recommended by the Downtown Partnership would be useful, it would be
impossible to gather without very expensive and time consuming research. The
information cited below regarding the experience of several other cities may help inform
your deliberations.
The city of Media, Pennsylvania enacted a similar street-level retail space ordinance on a
trial basis for a year with an agreement to re-evaluate in December of 2000. Although
the ordinance is still being reviewed, a member of the Media Planning Commission told
us that the ordinance had very positive effects and that businesses affected by the
ordinance have been expanding with little or no controversy.
The Planning Department in Portland, Oregon informed us that their street-level retail
space ordinance has helped the city to achieve and maintain active pedestrian-friendly
urban development.
Comments of the Commons Advisory Board (minutes enclosed in packet)
These comments address concerns regarding the boundaries of the proposed ordinance—a
subject which merits further discussion in the future.
Opticians are allowed in the A zone because their primary focus is on the sale of glasses.
For other uses regulation would depend upon whether or not at least fifty percent of sales
or floor area were devoted to the sale of products rather than services.
"An Equal Opportunity Employer with a commitment to workforce diversification." �,
Map of Present Day Compliance with the Proposed Ordinance(Map enclosed)
Although there were only three businesses that did not comply with A Zone regulations,
all three would be permitted on the side streets in a B Zone under the proposed ordinance.
In addition to reviewing the enclosed information, the planning staff requests that the
committee determine whether or not it feels that this is a topic worth pursuing. We have
received many suggestions on how to determine the boundaries of the zoning overlay
district. If the committee feels that this is a topic worth pursuing it may be useful to
create a subcommittee that could evaluate this proposal.
A PROPOSED GROUND FLOOR RETAIL ONLY ORDINANCE FOR DOWNTOWN
COMMUNICATION FROM THE ITHACA DOWNTOWN PARTNERSHIP
BOARD OF DIRECTORS
Approved June 12, 2001
The Board of Directors of the Ithaca Downtown Partnership today approved the
following statement for communication to the City of Ithaca Planning and Development
Department and Common Council members:
"It is the opinion of the Ithaca Downtown Partnership Board of Directors, speaking on
behalf of its constituent members, that it is premature for the City to consider a proposed
ordinance mandating ground floor retail only use in downtown. Partnership members
have raised a number of important questions about the impact of this proposed ordinance.
These questions need to be researched and clarified before we will be able to make an
informed judgement on this issue. We contend that the City will likewise be ill-equipped
to make an informed decision on this question without research and analysis of the
following questions:
(1) What has been the impact and the effectiveness of this type of ordinance in other
communities? Specifically,
(a) How effective have these types of ordinances been in small communities?
(b) What happens to the quality and type of retail under these ordinances?
(c) What is the impact of these ordinances on rents and rent structure?
(2) During what phase of economic cycles are these ordinances applied?What impact
do these ordinances have in communities with robust downtown economies,mid-
level economies or declining economies?
(3) What appears to be the impact of these ordinances on office occupancy,
particularly in markets like downtown Ithaca where there is limited availability of
office space?
(4) When retail only ordinances are applied to a commercial district,non-retail uses
must go somewhere. What has been the impact of code compliance issues on
upper floor development in older downtown buildings?How have communities
r .
that have adopted these ordinances been able to deal with the siting of non-retail
uses?
(5) What has been the effect of such ordinances on other nearby competing
commercial districts? Does non-retail business shift to other parts of the City?
How have downtowns with ground level retail only policies been able to retain
non-retail office and service sector uses?
(6) Other communities have made use of incentive-based programs for achieving
street level retail. What types of programs have been offered?How successful are
these programs? What are the characteristics of the downtown economies of cities
adopting these programs?
The Ithaca Downtown Partnership wants to be clear about its commitment to ground
floor retail. The Board of Directors reaffirms its support for the goal of a strong retail
marketplace characterized by street level retail. The Partnership will continue to dedicate
its resources and staff time to achieving the best possible mix of retail and commercial
businesses for downtown. We are unable, however, to support or endorse a position on a
ground floor retail only ordinance without more definitive information on the impact of
such an ordinance on the health of downtown. Absent this key data, it would be unwise
for us and premature for the City to endorse a proposed ordinance."
Non Compliance with Proposed Zoning Overlay District
(See enclosed Map)
Commons --A zone
Quicktex Photo (would comply in B zone)
Mailboxes etc. (would comply in B zone)
Nail Salon(would comply in B zone)
West State Street—B zone
Ithaca Journal
Human Rights Office
The Ithaca Agency
Cayuga Street—B zone
Ithaca Times
Aurora Street—B zone
Office Colonize.com
Bank of the Finger Lakes
**All of the above uses would be grandfathered and would only become unacceptable if left
vacant for a period of 6 months.
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