HomeMy WebLinkAboutMN-PLED-2016-11-09
Approved at the
January 11, 2017 PEDC Meeting
City of Ithaca
Planning & Economic Development Committee
Wednesday, November 9, 2016 – 6:00 p.m.
Common Council Chambers, City Hall, 108 East Green Street
Minutes
Committee Members Attending: Joseph (Seph) Murtagh, Chair; Graham
Kerslick, Ducson Nguyen, Josephine Martell,
and Cynthia Brock
Committee Members Absent: None
Other Elected Officials Attending: Alderperson George McGonigal
Staff Attending: JoAnn Cornish, Director, Department of
Planning, Building, Zoning, and Economic
Development; Lisa Nicholas, Senior Planner;
Jennifer Kusznir, Senior Planner; Megan
Wilson, Senior Planner; Deborah Grunder,
Executive Assistant
Others Attending: Tom Knipe, Tourism Director; Mike
Niechwiadowicz; Form Ithaca
Chair Seph Murtagh called the meeting to order at 6:00 p.m.
1) Call to Order/Agenda Review
No changes were made to the agenda.
2) Public Comment and Response from Committee Members
David Gallahan, 511 Spencer Road, spoke on the exterior property maintenance
ordinance. His tenant had snow tires on the property. Gallahan was away when
the ticket was issued and the rates escalated while he was away. Many of his
friends have had similar situations happen to them.
Tessa Rudan, thanked the committee for the changes that have been made to
the Collegetown plan. She further stated that the Collegetown plan should be
used in other areas of the City.
Approved at the
January 11, 2017 PEDC Meeting
M. Blodgett, 549 Spencer Road, received fourteen tickets over 20 days. They
can give the same ticket every day, but the homeowner doesn’t receive the
tickets for two weeks or better.
Neil Golden, 208 College Avenue, spoke on the exterior property maintenance
ordinance. It needs to be reviewed and changes need to be made. T he fees
grow quickly.
JoAnn Cornish clarified that the Collegetown Area Form District Code is a City
Code; the Character Code was done by an outside group that received a grant to
do so.
Alderperson Brock stated she has received numerous calls regarding the odd
and even parking rules. She would like the committee to look into implementing
more residential parking permits and the odd/even parking rules.
JoAnn Cornish stated she would look into who the appropriate person is to work
on this.
Alderperson Kerslick stated that neighborhoods can ban together and request
the permit process for their neighborhood. It was further stated by Chair Murtagh
and confirmed by JoAnn Cornish that there are only certain areas in the City with
neighborhood parking permits.
3) Special Order of Business
a) Presentation: Tompkins County Tourism Program
Tom Knipe, Tompkins Country Tourism Director, provide a thorough presentation
on how tourism dollars help local municipalities especially the City of Ithaca. He
offered to send the presentation to anyone who is interested.
4) Updates, Announcements, Reports
a) Dredging Update
Lisa Nicholas, Senior Planner, came back with the answers to the questions
asked at October meeting. Ice jams was asked about as well as would dredging
six mile creek benefit the Titus Tower area? Nichols stated due to the dry year,
we don’t have the data to calculate. The projected time line is out to late 2017
and 2018.
Murtagh asked if there’s a lot of stuff in the creek; dredging the creek seems to
be the right thing to do.
Nichols stated there is more to it. There is lot more to look at such as velocity,
etc. and how the water levels are created from the lake.
Approved at the
January 11, 2017 PEDC Meeting
b) Exterior Property Maintenance Ordinance
Mike Niechwiadowicz and Robert Sarachan updated the group on this ordinance
as to how it is working and what still needs to be done to improve it.
A 24-hour waiting (warning) period is given without a ticket being issued. This is
not sent to the court but the homeowner is notified via an email n otification.
Sarachan stated the original accusatories have gone down because people are
responding to their emails.
Alderperson Brock stated that not all people are set up for the email notifications.
How do we get this information out to people?
Mike Niechwiadowicz stated they tried the “tag” system twelve plus years ago.
There were many issues – the inspectors have been threatened, chased off their
properties, etc. Tags do not work. The property owner may not get the tag
because it is a tenant property, etc.
The only violation not offered a 24-hour warning is snow removal.
There are 5,500 properties in the City of Ithaca. Everyone who sees Robert
Sarachan are advised by him to sign up for the email notifications program. He
feels the system is working so much better. He recommends that a warning for
shrubs and grass in the sidewalks be granted the 24-hour warning.
Alderperson Kerslick asked how we satisfy those that get all these tickets.
Alderperson Brock asked if there is a process in place to make sure the
boundary lines are noted correctly. The answer to that is the City's GIS system.
5) Action Items (Voting to Circulate)
a) Adding Brewpubs/Microbreweries to Zoning
The purpose of this memo is to provide information regarding a proposal to
establish definitions for Brew Pub, Microbrewery and Tavern and to establish them
as permitted uses in specific zones.
The City recently received a proposal for a use that included on-site brewing and
serving of alcohol and food. Staff ultimately determined, that given the small scale
of the facility, it would be of no greater impact than that of a restaurant and should
be considered a tavern, which is an allowable use in the requested district.
However, in order to prevent confusion in the future, staff is proposing to amend
Approved at the
January 11, 2017 PEDC Meeting
Chapter 325 of the City Code, entitled “zoning”, to include the following definitions
for microbrewery, brew pub, and tavern:
Brew Pub - An establishment that produces ales, beers, meads, hard
ciders, and/or similar beverages to serve on ‐ site. Sale of beverages for
off‐ site consumption is also permitted in keeping with the regulations of
the New York State Liquor Authority. Service of brewed beverages must
be in conjunction with the service of food. Brew pubs may not produce
more than 5,000 barrels of beverage annually. May also include the
distribution of beverages for consumption at other sites. A brew bub, may
NOT contain external tanks for storage of raw materials or beverages.
Microbrewery - A limited production brewery that may produce no more
than 15,000 barrels annually. Microbreweries may sell to licensees,
however, they may NOT sell to the general public without a NYS brewer's
retail permit. A Microbrewery may have a restaurant in or adjacent to it,
only if it has obtained a NYS an on-premises retail license.
Tavern - an establishment for the sale of beer and other drinks to be
consumed on the premises, sometimes also serving food.
In addition, staff proposes to add brew pub as an allowable use in the B -2a district, and
microbrewery as an allowable use in the B -5 district. Enclosed for your consideration is
a draft ordinance containing the proposed amendments.
If the Committee is in agreement, staff will draft an environmental review of this action
and circulate it along with 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.
- The issue here is the scale of the establishment. If we make this an allowable use
in B2, it is also in the B-2a and B5 districts as well as the CDB districts.
- Chair Murtagh stated he visited a mini brewery in the middle of downtown Cortland.
He suggests reaching out to them for information on how they regulate it.
- It was suggested to identify this an urban brewery.
- Alderperson Kerslick moved to circulate; seconded by Alderperson Martell. Carried
unanimously.
Approved at the
January 11, 2017 PEDC Meeting
ORDINANCE NO. ____
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that
Chapter 325, Zoning, be amended as follows:
Section 1. Section 325-3B, entitled, “Definitions and Word Usage”, is hereby amended
to add the following definitions:
Brew Pub -An establishment that produces ales, beers, meads, hard
ciders, and/or similar beverages to serve on ‐ site. Sale of beverages for
off‐ site consumption is also permitted in keeping with the regulations of
the New York State Liquor Authority. Service of brewed beverages must
be in conjunction with the service of food. Brew pubs may not produce
more than 5,000 barrels of beverage annually. May also include the
distribution of beverages for consumption at other sites. A brew bub, may
NOT contain external tanks for storage of raw materials or beverages.
Microbrewery - A limited production brewery that may produce no more
than 15,000 barrels annually. Microbreweries may sell to licensees,
however, they may NOT sell to the general public without a NYS brewer's
retail permit. A Microbrewery may have a restaurant in or adjacent to it,
only if it has obtained a NYS 3 on-premises retail license.
Tavern- an establishment for the sale of beer and other drinks to be
consumed on the premises, sometimes also serving food.
Section 2. Section 325-8 of the Municipal Code of the City of Ithaca, entitled District
Regulations, is hereby amended in order to add Brew Pub as an allowable primary use
in the B2-a district and Microbreweries as an allowable use in the B-5 district.
Section 3. The City Planning and Development Board, the City Clerk and the Planning
Department shall amend the district regulations chart in accordance with the
amendments made herewith.
Section 4. Severability. Severability is intended throughout and within the provisions of
this local law. If any section, subsection, sentence, clause, phrase or portion of this
local law is held to be invalid or unconstitutional by a court of competent jurisdiction,
then that decision shall not affect the validity of the remaining portion.
Section 5. Effective date. This ordinance shall take effect immediately and in
accordance with law upon publication of notices as provided in the Ithaca City Charter.
Approved at the
January 11, 2017 PEDC Meeting
6) Action Items (Voting to Send onto Council)
a) Minor Amendments to Collegetown Area Form Districts
An Ordinance to Amend The Municipal Code Of The City Of Ithaca, Chapter 325,
Entitled “Zoning” To Make Minor Revisions to §325-45, Collegetown Area Form
Districts
WHEREAS, there has been confusion over the application of the façade length
requirement of the Collegetown Area Form Districts, as adopted in 2014, and
WHEREAS, the proposed revisions would clarify the intent and application of various
regulations; now, therefore,
ORDINANCE NO. ____
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that
Chapter 325 of the Municipal Code of the City of Ithaca be amended as follows:
Section 1. The CR-3 Activation Table shown in Chapter 325, Section 325-45.2E(3) of
the Municipal Code of the City of Ithaca is hereby amended to read as follows:
ACTIVATION
STREET FAÇADE
A) Building façade length, primary street, max 45’
Section 2. The CR-4 Activation Table shown in Chapter 325, Section 325 -45.2F(1) of
the Municipal Code of the City of Ithaca is hereby amended to read as follows:
ACTIVATION
STREET FAÇADE
A) Building façade length, primary street, max
1. Row house 100’
2. All other structures 45’
Section 3. The MU-1 Activation Table shown in Chapter 325, Section 325-45.2G(1) of
the Municipal Code of the City of Ithaca is hereby amended to read as follows:
ACTIVATION
STREET FAÇADE
B) Building façade length, primary street, max
3. Row house 150’
4. All other structures 75’
Approved at the
January 11, 2017 PEDC Meeting
Section 4. Chapter 325, Section 325-45.2B(10) of the Municipal Code of the City of
Ithaca is hereby amended to read as follows:
(10) Recessed Entry
(a) Definition: A functioning entry that is set back a minimum of 12” 5’ from
the front façade of the building.
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.
The action being considered is whether to approve the ordinance provided in the packet
for approval or the updated version of 11/9/16 provided at the meeting for circulation.
Alderperson Brock motioned to circulate; seconded by Alderperson Kerslick.
Carried Unanimously.
JoAnn Cornish stated that it is the goal that the Collegetown Form Based Code be used
throughout the City. The Character Code is a good body of work, but is different that
the direction that the City has been focused on.
She further stated this character code document came to the City as a surprise. The
City did work with this group on the State Street corridor, but the character code was not
under the City’s directive.
Chair Murtagh stated that there is a lot of overlap of the two plans.
Alderperson Brock stated that there seems to a bit of confusion within the community
that this was something requested by the City which is not the case.
b) Form Ithaca Character Code Resolution
Moved by Alderperson Martell; seconded by Alderperson Kerslick. Carried
unanimously.
Alderperson Kerslick made a friendly amendment to replace Planning and Economic
Development Committee with Common Council.
He further stated that supporting this doesn’t mean we are supporting it in its entirety
but used as a reference.
WHEREAS, Mayor Svante Myrick co-signed a letter of support in August of 2013 with
then-Town Supervisor Herb Engman on behalf of the City and Town designating Better
Cities & Towns of the Form Ithaca project team as the lead applicant for a NYSERDA’s
Cleaner Greener Communities grant to jointly update our zoning ordinances, and
WHEREAS, the Common Council is committed to dense urban development in the core
of downtown, as is expressed in Plan Ithaca, Phase I of the City’s Comprehensive Plan
which was adopted by Common Council in September of 2015, and
Approved at the
January 11, 2017 PEDC Meeting
WHEREAS, the City of Ithaca’s successful adoption of a hybrid form-based code in
Collegetown has resulted in higher quality development that has had a positive impact
on the character of the neighborhood, and
WHEREAS, the Form Ithaca project is led by the nonprofit Better Cities & Towns,
dedicated to promoting sustainable, walkable communities; architects and landscape
architects STREAM Collaborative; and urban planners Randall+West; and the team
brought in leading urban design, development, transportation, and form-based code
consultants who offered their valuable expertise to the City, and
WHEREAS, the Form Ithaca project team has worked with City Staff, civic leaders,
developers, State and County Agencies, and other stakeholders, completed four
reports, and organized a four-day charrette in the City of Ithaca, June 3rd through 6th,
2015, and these documents and the public process informed the development of the
draft City of Ithaca Character Code and Regulating Plan, and
WHEREAS, the draft City of Ithaca Character Code was circulated to Planning and
IURA staff in August of 2016, and a new draft, dated October 11, 2016, was prepared
that incorporates many of the submitted comments, and
WHEREAS, City staff recognizes the importance of maintaining a human scale along
the street, especially in transitional areas where commercial zones are located near
residential districts, and supporting development of a substantial amount of
underutilized land, particularly in the W. State St. / MLK Jr. Corridor; now, therefore, be
it
RESOLVED, that the Planning and Economic Development Committee Common
Council accepts the City of Ithaca Character Code and Regulating Plan for review and
consideration of adoption.
7) Review and Approval of Minutes
a) October 2016
Moved by Alderperson Kerslick; seconded by Alderperson Brock. Passed
unanimously with suggested changes.
8) Adjournment
Moved by Alderperson Kerslick; seconded by Alderperson Martel. Passed
unanimously. The meeting was adjourned at 8 :05p.m.