HomeMy WebLinkAbout05-10-17 Planning and Economic Development Committee Meeting AgendaPEDC Meeting
Planning and Economic Development Committee
Ithaca Common Council
DATE: May 10, 2017
TIME: 6:00 p.m.
LOCATION: 3rd floor City Hall
Council Chambers
AGENDA ITEMS
Item Voting
Item?
Presenter(s) Time
Start
1) Call to Order/Agenda Review
2) Special Order of Business
a) Public Hearing – Waterfront Zoning
b) Public Hearing – Site‐Plan Review
Revisions Pertaining to Trees
c) Public Hearing – 2017 Action Plan: HUD
Entitlement Program
3) Public Comment and Response from
Committee Members
4) Updates, Announcements, Reports
5) Action Items (Voting to send on to Council)
a) 2017 Action Plan: HUD Entitlement
Program
b) Waterfront Zoning
c) Site‐Plan Review Revisions Pertaining to
Trees
6) Discussion
a) Certificate of Compliance Legislation
b) Brewpub Legislation
7) Review and Approval of Minutes
a) April 2017
8) Adjournment
No
Yes
Yes
Yes
No
No
Yes
Yes
Yes
No
Yes
Yes
Seph Murtagh, Chair
JoAnn Cornish, Planning Director
Nels Bohn, IURA
Jennifer Kusznir, Senior Planner
JoAnn Cornish, Planning Director
Josephine Martell, City Alderperson
Jennifer Kusznir, Senior Planner
6:00
6:05
6:20
6:30
6:35
6:45
6:50
7:00
7:30
7:45
8:00
8:15
8:20
If you have a disability and require accommodations in order to fully participate, please contact the City Clerk
at 274‐6570 by 12:00 noon on Tuesday, May 9th, 2017.
LEGAL NOTICE
PLEASE TAKE NOTICE that the Common Council of the City of Ithaca, New York, will hold a
public hearing to consider a proposal to amend Chapter 325, Entitled “Zoning” in order to rezone
the waterfront zoning district and portions of the industrial zones in the waterfront area. The
proposed zoning ordinance includes the addition of new zoning definitions for light and heavy
industrial uses, food production facilities, and health care facilities, as well as the addition of four
new zoning districts.
The hearing will be held in the Common Council Chambers, City Hall, 108 East Green Street, in
the City of Ithaca, New York, on Wednesday, May 10, 2017, at 6:00 p.m. A copy of the
proposed ordinance can be viewed in-house at the Department of Planning, 3rd Floor City Hall,
108 East Green Street, Ithaca, New York.
JoAnn Cornish
Director of Planning & Development
4/21/17
LEGAL NOTICE
PLEASE TAKE NOTICE that the Planning and Economic Development Committee of Common
Council of the City of Ithaca, New York, will hold a public hearing to consider a proposed
amendment to the City of Ithaca Site Plan Review Ordinance, Chapter 276 of the City Code,
§276-7 B. Criteria for Tree Preservation, Plant Selection and Planting, Site Construction, Plant
Materials and Maintenance.
The hearing will be held in the Common Council Chambers, City Hall, 108 East Green Street, in
the City of Ithaca, New York, on Wednesday, May 10, 2017, at 6:00 p.m. A copy of the
proposed ordinance can be viewed in-house at the Department of Planning & Development,
3rd Floor City Hall, 108 East Green Street, Ithaca, New York.
JoAnn Cornish
Director of Planning & Development
April 20, 2017
l r76' Lib
Affidavit of Publication
State of New York ss:
Tompkins County
Susan R. Stickel being duly sworn, deposes
and says that she is the Executive Assistant in
the City Clerk's Office, and that a notice,of
which the annexed is a true copy,was
published in The Ithaca Journal,the City of
Ithacs Official Newspaper,onL, iaS 02 o17
and th the first ublication of said notice was w Yor
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Sub cribed and.sworAbeSore olk
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Notice of Availability and Public Comment Period
Public Hearing Notice
City of Ithaca
2017 Action Plan Development
HUD Entitlement Program
The City of Ithaca's draft Action Plan will be made available for public comment until
3:00 p.m., May 31, 2017 at the following locations: IURA office (3rd floor, Ithaca.City
Hall), Ithaca City Clerk's Office, and the Ithaca Urban Renewal Agency web site (www.it
hacaURA.org). This plan describes the proposed use of federal funds from the US De-
partment of Housing and Urban Development (HUD) for projects benefiting the City's
low-and moderate-income residents.
The Planning and Economic Development Committee of the Ithaca Common Council
will hold a Public Hearing on the draft Action Plan at 6:00 p.m., Wednesday, May 10,
2017 in Common Council Chambers, City Hall, 108 E.Green St., Ithaca, NY. This is the
second of two public hearings to gain public input on development of the City of Itha-
ca's 2017 Action Plan. Following is a summary list of proposed activities:
Activity Sponsor Amount
Lakeview Ithaca Rental Housing
Construction Lakeview Health Services 50,000
Chartwell House Rehabilitation Tompkins Community Action(TCA) $22,000
2017 Homeowner Rehabilitation INHS 75,000
402 S.Cayuga Home Construction Habitat of Tompkins&Cortland Co. $80,000
Housing Scholarship Program The Learning Web 65,592
Security Deposit Assistance 2017-18 Catholic Charities of TT 42,750
Mini-Repair Program INHS 26,000
Mandatory CHDO Reserve IURA 49,208
Hospitality Employment Training
Program GIAC 100,000
Ithaca ReUse Center Retail Expansion Finger Lakes ReUse 50,000
Harriet Gianellis Child Care Center TCA 84,200
Work Preserve Job Training:Job
Placement Historic Ithaca 67,500
Food Entrepreneurship Program CCE—Tompkins County 36,587
Urban Bus Stop Signage&Amenities
Upgrade TCAT 25,000
DICC Heating &Roof Replacement DICC 35,500
Immigrant Services Catholic Charities of TT 30,000
Work Preserve Job Training:Job
Readiness Historic Ithaca 20,000
211 Info and Referral HSC 20,000
A Place to Stay:Supportive Services Catholic Charities of TT 15,925
Housing for School Success:Year#2 ICSD 13,280
Economic Development Loan Fund IURA 75,800
CDBG Administration IURA 132,274
HOME Administration IURA 32,805
Total 1,149,421
This list includes the allocation of anticipated CDBG and HOME awards in the amounts
of $661,371 and $328,050 respectively, and allocation of $160,000 from anticipated
repayments of prior-year economic development loans.
Written comments may be submitted to the City Clerk, 108 E. Green Street, Ithaca
X4850 and must beieteived by 3:00 p.m. on May 31,2017. Contact the Ithaca Urban Re-
n At3e y'a?C(6'07)274-6565 if you have questions.
The public hearing location is fully accessible. If you have a disability and require ac-
commodations in order to fully participate at the public hearing please contact the City
Clerk at 274-6570 at least 48 hours prior to the meeting.
4/25/2017
Proposed Resolution
Planning & Economic Development Committee
May 10, 2017
2017 Action Plan – HUD Entitlement Program
WHEREAS, the City of Ithaca (City) is eligible to receive an annual formula allocation of funds to
address community development needs through the U.S. Department of Housing & Urban
Development (HUD) Entitlement program from the Community Development Block Grant
(CDBG) and the Home Investment Partnerships (HOME) funding sources, and
WHERAS, the City has contracted with the Ithaca Urban Renewal Agency (IURA) to administer,
implement and monitor the City’s HUD Entitlement program in compliance with all applicable
regulations, and
WHEREAS, on an annual basis an Action Plan must be submitted to HUD to access HUD
Entitlement program funding allocated to the City, and
WHEREAS, the 2017 Action Plan identifies a specific list of budgeted community development
activities to be funded from the 2017 HUD Entitlement program allocation and associated funds
administered by the IURA, and
WHEREAS, funding available to be allocated through the 2017 Action Plan funding process is
anticipated to include the following:
$661,371.00 CDBG 2017 allocation
$160,000.00 CDBG 2017 projected program income
$328,050.00 HOME 2017 allocation
$1,149,421.00 Total, and
WHEREAS, the IURA utilized an open and competitive project selection process for
development of the 2017 Action Plan in accordance with the City of Ithaca Citizen Participation
Plan, and
WHEREAS, at their April 13, 2017 meeting, the IURA adopted a draft 2017 Action Plan; now,
therefore, be it
RESOLVED, that the Common Council for the City of Ithaca hereby adopts the attached draft
Action Plan, dated April 25, 2017, for allocation of the City’s 2017 HUD Entitlement Program
award along with additional funds listed above totaling $1,149,421, and be it further
RESOLVED, that should the actual award of CDBG funds be different from the anticipated
amount, the funding amount for the Economic Development Loan activity shall be modified,
and be it further
RESOLVED, that should the actual award of HOME funds be different from the anticipated
amount, funding for HOME‐assisted projects shall be modified on a pro rata basis, and be it
further
RESOLVED, that the City of Ithaca Urban Renewal Plan shall be amended to include activities
included in the adopted 2017 Action Plan.
j:\community development\entitlement grants\cdbg 2017\action plan\resolution ‐ p&ed adopts 2017 action plan 5‐10‐17.doc
IURA Draft FY2017 ACTION PLAN HUD Entitlement Program, City of Ithaca, NYlast updated: 4/25/17FundingTotal#SponsorRequestProject CDBG HOME CDBG PI TotalNotesCost$661,371 $328,050 $160,000 $1,149,421Housing 1 Lakeview IthacaLakeview Health Services, Inc. $ 250,000 $ 20,081,186 50,000$ 50,000$ Construct 50 affordable rental housing units, including 25 units for Lakeview consumers, at W. Court St/N. Meadow St.2 Chartwell HouseTompkins Community Action $ 208,270 $ 22,000 14,305$ 7,695$ -$ 22,000$ Replace HVAC at 12-unit permanent supportive housing facility for homeless men at 322 N. Meadow St.3 2017 Homeowner RehabIthaca Neighborhood Housing Services, Inc. (INHS) $ 150,000 $ 105,000 75,000$ -$ -$ 75,000$ Rehabilitate 3 homes owned by LMI households4 402 S. Cayuga StreetHabitat for Humanity of Tompkins/Cortland Counties, Inc. $ 80,000 $ 270,000 80,000$ 80,000$ Construct 2 owner-occupied homes for purchase by households at 60% AMI5 Housing Scholarship ProgramThe Learning Web, Inc. $ 65,592 $ 138,292 65,592$ 65,592$ Tenant-based rental assistance for 8 homeless youths receiving supportive services6 Security Deposit Assistance 2017-18Catholic Charities of Tompkins/Tioga $ 42,750 $ 50,603 42,750$ 42,750$ Security deposits for 77 low-inocme tenants, incluidng 5 Housing for Success participants7 Mini-Repair ProgramINHS $ 35,000 $ 93,736 26,000$ -$ -$ 26,000$ Small emergency repairs for 50 low-inocme serniors and people with disabilititesMandatory CHDO ReserveCHDO Set-Aside $ 49,208 $ 100,000 49,208$ 49,208$ Capitalize fund for mandatory CHDO reserve setaside activity (equal to 15% of HOME award) $ 880,820 $ 20,860,817 $410,550Economic Development8 Hospitality Employment Training ProgramGreater Ithaca Activities Center, Inc. (a CBDO) $ 115,036 $ 173,786 100,000$ -$ 100,000$ Job training resulting in job placement of 14 LMI persons9 Ithaca ReUse Center ExpansionFinger Lakes ReUse, Inc. $ 100,000 $ 10,034,412 50,000$ -$ 50,000$ Site aquisition costs for 6,000 SF expansion of retail area at 214 Elmira Rd. creating 3 FTE jobs10 Harriet Gianellis Child Care CenterTompkins Community Action $ 84,200 $ 8,250,000 -$ 84,200$ 84,200$ Low-interest loan for site acquisition costs for an Early Head Start facility at 661-665 Spencer Rd. creating 8 FTE jobs11 Work Preserve Job Training: Job PlacementsHistoric Ihaca, Inc. (a CBDO) $ 67,500 $ 159,856 67,500$ -$ 67,500$ job training resulting in job placement of 6 LMI persons12 Food Entrepreneurship ProgramCCE of Tompkins Co. $ 37,037 $ 80,533 36,587$ -$ 36,587$ Develop 8 new food micro-enterprise businesses owned by LMI persons $ 403,773 $ 18,698,587 $338,287Public Facilities13 Urban Bus Stop Signage & Amenities UpgradeTCAT $ 112,772 $ 109,306 25,000$ -$ 25,000$ Upgrade 3 bus stops (Albany@Salvation Army, Chestnut@Elm & Third@Hancock), 1 real time display, 17 bus stop signs14 DICC Heating & Roofing ReplacementDowntown Ithaca Children's Center (DICC) $ 64,800 $ 35,500 35,500$ -$ 35,500$ Complete heating/cooling ($15,800) + phase 1 roof replacement ($19,700) for child care center serving 85 children (>51% LMI)15 Conley Park PavilionDaniel Krall $ 22,500 $ - -$ -$ -$ Erect 24' x 30' pavillion in Conley Park near new INHS playground in Adams St. ROW $ 200,072 $ 144,806 $60,500Public Services16 Immigrant ServicesCatholic Charities $ 30,000 $ 78,795 30,000$ 30,000$ Case management for 100 immigrants to access employment, services, legal aid, etc17 Easy Access Low-Income CarsharingIthaca Carshare $ 29,043 $ - -$ -$ Provide 50 LMI persons with subsidized carsharing memberships18 ReSET Job Training Program ApprenticeshipsFinger Lakes ReUse, Inc. $ 22,410 $ - -$ -$ In-depth, on-the-job training for 12 LMI adults who have completed the entry-level job readiness/training program19 Work Preserve Job Training: Job ReadinessHistoric Ithaca, Inc. $ 20,000 see #11 above 20,000$ 20,000$ Job readiness training for 20 LMI youth and adults20 2-1-1/ I&R ServiceHuman Services Coalition (HSC) $ 20,000 $ 236,589 20,000$ 20,000$ Support for 2-1-1 Call Center referrals to 2,400 LMI persons21 A Place to Stay: Supportive ServicesCatholic Charities $ 20,000 $ 52,000 15,925$ 15,925$ Case management for 4-bed transitional housing for low-income women22 A+ Tuition AssistanceBJM Enrichment Program $ 17,410 $ - -$ -$ Scholarships for 10 academically vulnerable LMI students at BJM school to attend Academic Plus23 BB BS Northside Community OutreachIthaca Youth Bureau (IYB) $ 11,478 $ - -$ -$ Education, recreation, and mentoring to 75 LMI youth, with focus on immigrant and refugee populations24 Housing for School Success: Year #2ICSD $ 13,280 $ 13,280 13,280$ 13,280$ Supportive services for 3-5 homeless families receiving Housing Choice Voucher assistance from the Ithaca Housing Authority25 Security Deposit Assistance DeliveryCatholic Charities $ 6,930 $ - -$ -$ Partial coverage of staff time to administer Security Deposit Assistance program (see project #6) $ 190,551 $ 380,664 99,205$ Note: Total funding for Public Services is capped at $99,205 (15% of CDBG award)Administration & Loan Fund 26 CDBG AdministrationIthaca Urban Renewal Agency $ 132,274.20 $ 132,274 132,274$ 132,274$ Planning, administration, monitoring of CDBG program and fair housing 27 HOME AdministrationIURA $ 32,805.00 $ 32,805 32,805$ 32,805$ Planning, administration, monitoring of HOME program 28 Economic Development Loan FundIURA $ 75,800 $ 32,805 -$ $75,80075,800$ Capitalize loan fund for business loans resulting in job creation (including underwriting and delivery) $ 240,879 $ 197,884 $240,879Totals: $ 1,959,090 $ 40,480,642 $661,371 $328,050 $160,000 $1,149,421$1,149,421Adopted by the IURA: 4/13/17AcronymsCDBG = Community Development Block Grant; HOME = Home Investment Parnterships Program; CDBG PI = CDBG Program Income LMI = Low & Moderate Income; AMI = Area Median Income; FTE = Full Time Equivalent; CHDO = Community Housing Development Organization CBDO = Community Based Housing Organization PUBLIC FACILITIES SUBTOTALS:PUBLIC SERVICES SUBTOTALS:ADMINISTRATION & LOAN SUBTOTALS:ANTICIPATED FUNDING AVAILABLEProjectECONOMIC DEVELOPMENT SUBTOTALS:HOUSING SUBTOTALS:
To: Planning Committee
From: Jennifer Kusznir, Economic Development Planner
Date: May 4, 2017
Re: Proposed Waterfront Zoning
At the April Planning Committee meeting the proposal to rezone the waterfront area was
discussed.
After that meeting the Waterfront Working Group met and discussed the concerns that had been
raised by members of the Planning Committee. Based on those concerns, the Waterfront
Working Group has made additional recommendations that are highlighted and underlined in the
attached draft ordinance. The additional recommendations from the working group include the
following:
Remove the reference to storage of raw materials and large equipment in the definition of
Heavy Industrial Uses
Remove Medical Offices from definition of Health Care Facility
In the West End/Waterfront District require that all properties located along the water
have a stepback requirement for the first 10’ of building facing the water to be no more
than 3 stories, unless a public right of way is provided. If a public walkway is provided
along the waterfront buildings are exempt from the stepback requirement and may be 5
stories tall. In addition all properties facing the water have a minimum setback of 10’
from the water, with the exception of uncovered structures such as decks and patios,
which have no setback
Restricting residential uses to upper floors in the Cherry Street district in order to
discourage single use residential structures.
At the Planning Committee’s request staff has circulated the draft ordinance along with an
environmental review for the action. The draft Full Environmental Assessment Form (FEAF) is
enclosed along with comments that have been received. Also, enclosed for your consideration
are draft resolutions for lead agency and environmental significance as well as the draft
ordinance. If you have any concerns or questions regarding any of this information, feel free to
contact me at 274-6410.
CITY OF ITHACA
108 East Green Street — 3rd Floor Ithaca, New York 14850-5690
DEPARTMENT OF PLANNING, BUILDING & ECONOMIC 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
j:\groups\planning and econ dev committee\2017 planning and economic development committee\05 may\8 - 2017-
waterfront lead agency resoultion05-04-1.doc
5/4/17
An Ordinance Amending the Municipal Code of the City Of Ithaca,
Chapter 325, Entitled “Zoning” To Establish New Zoning for the
Waterfront Area • Declaration of Lead Agency
WHEREAS, State Law and Section 176-6 of the City Code require
that a lead agency be established for conducting environmental
review of projects in accordance with local and state
environmental law, and
WHEREAS, State Law specifies that, for actions governed by local
environmental review, the lead agency shall be that local agency
which has primary responsibility for approving and funding or
carrying out the action, and
WHEREAS, the proposed zoning amendment is a “TYPE I” Action
pursuant to the City Environmental Quality Review (CEQR)
Ordinance, which requires environmental review; now, therefore,
be it
RESOLVED, that the Common Council of the City of Ithaca does
hereby declare itself lead agency for the environmental review of
the proposed new zoning for the waterfront area.
Draft Resolution
5/4/17
An Ordinance Amending the Municipal Code of the City Of
Ithaca, Chapter 325, Entitled “Zoning” To Establish New
Zoning for the Waterfront Area ― Declaration of
Environmental Significance
1. WHEREAS, The Common Council is considering to adopt
new zoning for the waterfront area, and
2. WHEREAS, the appropriate environmental review has been
conducted, including the preparation of a Full
Environmental Assessment Form (FEAF), dated April 17,
2017, and
3. WHEREAS, the proposed action is a “TYPE I” Action
under the City Environmental Quality Review Ordinance,
and
4. WHEREAS, the Common Council of the City of Ithaca,
acting as lead agency, has reviewed the FEAF prepared
by planning staff; now, therefore, be it
1. RESOLVED, that this Common Council, as lead agency in
this matter, hereby adopts as its own the findings and
conclusions more fully set forth on the Full
Environmental Assessment Form, dated April 17, 2017,
and be it further
2. RESOLVED, that this Common Council, as lead agency in
this matter, hereby determines that the proposed
action at issue will not have a significant effect on
the environment, and that further environmental review
is unnecessary, and be it further
3. RESOLVED, that this resolution constitutes notice of
this negative declaration and that the City Clerk is
hereby directed to file a copy of the same, together
with any attachments, in the City Clerk’s Office, and
forward the same to any other parties as required by
law.
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PLANNING COMMITTEE:
An Ordinance Amending the Municipal Code of the City Of Ithaca,
Chapter 325, Entitled “Zoning” To Establish New Zoning for the
Waterfront Area
ORDINANCE NO. ____
1. WHEREAS, on September 2, 2015, the Common Council adopted
Plan Ithaca as Phase I of the City Comprehensive Plan, and
2. WHEREAS, this plan identifies the desired future land uses
in the City, as well as areas where development is
anticipated and encouraged, and identifies community goals
and recommendations for the City, and
3. WHEREAS, on August 17, 2015, the City of Ithaca
Comprehensive Plan Committee submitted a written
recommendation to the City that included developing a plan
for the waterfront as a priority for the next phase of the
City’s Comprehensive Plan, and
4. WHEREAS, in November of 2015, the Planning and Economic
Development Committee of the Common Council directed
Planning Staff to begin working on a waterfront
development plan as a part of the next phase for the
Comprehensive Plan, and
5. WHEREAS, on March 2, 2016, the Common Council adopted
legislation establishing a Temporary Mandatory Planned
Unit Development (TMPUD) in order to provide the Common
Council with transitional oversight for potential
development projects to ensure development in the
waterfront study area supports the goals of the City’s
Comprehensive Plan, while the plan for the waterfront and
the associated new zoning could be established, and
6. WHEREAS, the TMPUD was established for a period of 18
months, during which time the Common Council was charged
with adopting new zoning regulations for the waterfront
area, and
7. WHEREAS, the City Comprehensive Plan identifies the goals
for the Waterfront Mixed Use area as the creation of a
mixed use district, including commercial, and housing,
with an emphasis on uses that create an active waterfront
environment, and
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8. WHEREAS, the City Comprehensive Plan further notes that
“new development should protect view sheds and allow
public access to the waterfront, and pedestrian and
bicycle connections should be improved, and reducing the
impacts of parking in new development should be carefully
considered, and
9. WHEREAS, in order to develop recommendations for the plan
and for the zoning, the City established a waterfront
working group made up of 17 members of the public and City
Planning Staff, and
10. WHEREAS, the waterfront working group began meeting in
September of 2016 and in December of 2016 they hosted two
open houses in order to solicit additional input from the
public, and
11. WHEREAS, given the deadline of establishing new zoning
prior to the expiration of the TMPUD in August 2017, the
waterfront working group has focused on completing a land
use section of the plan and making recommendations for
future zoning for the Waterfront Study Area, and
12. WHEREAS, using feedback from the public and goals from
Plan Ithaca the working group has completed the land use
section of the draft plan and has used this section to
make recommendations for changes to the current zoning in
the Waterfront Study Area, now therefore be it
RESOLVED, that the Common Council does hereby adopt the Land Use
Chapter of the Waterfront Plan with the intent that the once the
full Waterfront Plan is completed, this chapter will be inserted
as a part of the plan, and
BE IT NOW ORDAINED AND ENACTED by the Common Council of the City
of Ithaca that Chapter 325 of the City Code be amended as
follows:
Section 1. Chapter 325-3B of the Municipal Code of the City of
Ithaca, entitled “Definitions and Word Usage”, is hereby amended
to add the following new definitions:
LIGHT INDUSTRIAL
Fabrication, processing, manufacturing, converting,
altering, assembling or other handling of products that:
A. Does not result in:
(1) Dissemination of noise, vibration, odor, dust,
smoke, detectable gas or fumes or their atmospheric
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pollutant beyond the boundaries of the property lines in
which such use is conducted;
(2) Unusual hazard of fire, explosion or other
physical danger to any person, building or vegetation;
(3) Radiation or interference with radio or television
reception beyond the boundary of the property;
(4) A harmful discharge of waste material or any other
means of disposal of waste material other than by
delivery to an authorized, off-site treatment facility;
HEAVY INDUSTRIAL
Fabrication, processing, manufacturing, converting,
altering, assembling or other handling of products.
Heavy industrial uses may require outdoor storage of raw
materials and large equipment. Heavy industrial uses may
result in loud noises, vibrations, or odors. These
negative effects must be mitigated, so that the impacts
do not reach beyond the boundaries of the district where
the use is permitted.
HEALTH CARE FACILITY
Health Care Facilities are places that provide health
care services, but are not intended for overnight stay.
Health Care Facilities may include, medical offices,
clinics, outpatient care centers, and urgent care
facilities.
FOOD PRODUCTION FACILITY
Any facility that is used to transform raw ingredients,
by physical or chemical means, into food or other items
meant for human consumption, or for food into other
forms, including the processing and packaging of the
food items. Food Production Facilities may include, but
are not limited to bakeries, brew pubs, coffee roasters,
wineries, food packaging facilities.
Section 2. Section 325-4 of the Municipal Code of the City of
Ithaca, entitled “Establishment of Districts”, is hereby amended
in order to add the following zoning districts:
WE/WFD West End/Waterfront District
CSD Cherry Street District
ND Newman District
MD Market District
Section 325-4 is further amended to delete the following zoning
districts:
M-1 Marine Commercial
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WF-1 Waterfront 1
WF-2 Waterfront 2
Section 3. Section 325-8 of the Municipal Code of the City of
Ithaca is hereby amended as follows to establish district
regulations for the new WE/WF District and to amend the District
Regulations Chart as follows:
West End/Waterfront District (WE/WF)
Permitted Primary Uses
1. Any Use Permitted in B-2 Zone, with the exception of
1 and 2 family detached or semi-detached dwellings,
fraternity, sorority or group houses, or dormitories,
or Bed and Breakfast homes-which are not permitted in
the WE-WF District
2. Water Related Light Industrial Uses, including boat
fueling stations
3. Sale, rental, repair or storage, of marine related
recreational equipment such as boats, marine engines,
sails, cabin equipment
4. Parking Garages-Permitted by Special Permit
Specifically Prohibited in the WE/WF District:
Specifically Prohibited: Heavy Industrial Uses, Non
Water Related Light Industrial, 1 and 2 family
detached or semi-detached dwellings, Mobile Homes,
Petroleum Storage, Cemeteries, Casinos, Fueling
Stations, Single Story Self-Storage Facilities, Big
Box Retail, Drive Through Establishments, Large Scale
Breweries, Vehicle Sales and Service, Printing,
Heating, a/c, etc.
Permitted Accessory Uses
1. Any accessory use permitted in the B-2 Zone
2. Boat fueling station
3. Snowmobile sales, service, rental in conjunction with
boat sales, rental or service
4. Parking lot/parking garage
5. Outdoor storage of materials
6. Storage of marine related recreation equipment such
as boats, marine engines, sails, cabin equipment as
it relates to permitted primary uses under zoning
Off Street Parking Requirement
None
Off Street Loading Requirement
None
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Minimum Lot Size (SF)
3000
Minimum Width in Feet at Street Line
30
Maximum Building Height
Any building not located along the water can have a maximum
building height of 63’ and 5 stories.
Waterfront Stepback Requirement
For any buildings located along the water, the first 10’ of
building facing the water must be between 2-3 stories in
height. After the first 10 feet, buildings may have a
maximum height of 63’ and 5 stories. Any property that
provides a public walkway along the waterfront is exempt
from the stepback requirement and may have a maximum
building height of 63’ and 5 stories.
5 Stories
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Maximum Percentage of Lot Coverage by Buildings
100%, Except for Required Setbacks
Yard Dimensions
Required Minimum Front Yard- No front yard setback
is required, except as necessary to provide a
minimum 5' sidewalk and an 8' tree lawn
Required Minimum Side Yard- 05’
Required Minimum Other Side Yard- 05’
Required Minimum Rear Yard- For properties located
along the waterfront, there is a minimum setback of
20' from the top of bank, except for the eastern
side of Inlet Island, where the setback for
buildings is 10’ from the water. However, uncovered
structures such as decks and patios have no setback
from the water.ich does not have a setback from the
water. In some areas an additional setback from the
water may be required by the NYS DEC easement. For
properties not located directly adjacent to the
water the minimum rear yard setback is 10'.
Minimum Building Height
For Water Dependent Uses there is no minimum
building height. For any non-water dependent uses,
buildings must be a minimum of 2 stories in height
Section 4. Section 325-8 of the Municipal Code of the City of
Ithaca is hereby amended as follows to establish district
regulations for the new Cherry Street District (CSD), and to
amend the District Regulations Chart as follows:
Cherry Street District (CSD)
Permitted Primary Uses
1. Any use permitted in the WE-WF District, with the
exception of residential uses on the ground floor of
any building. Residential uses are permitted on
upper stories.
2. Light Industrial Uses
3. Large Scale Breweries
4. Food Production
Specifically Prohibited in the CSD:
Specifically Prohibited: Mobile Homes, Petroleum
Storage, Casinos, Fueling Stations, Single Story
Self-Storage Facilities, Big Box Retail, Drive-thru
Establishments, Cemeteries
Formatted: Highlight
Formatted: Highlight
Formatted: Indent: Left: 0.75", No bullets or numbering
Formatted: Highlight
5/8/20175/4/20174/25/2017
7 | Page
Permitted Accessory Uses
Any accessory use permitted in the B-2 Zone
Off Street Parking Requirement
None
Off Street Loading Requirement
None
Minimum Lot Size (SF)
3000
Minimum Width in Feet at Street Line
30
Maximum Building Height
63’
5 Stories
Maximum Percentage of Lot Coverage by Buildings
100%, Except for Required Setbacks
Yard Dimensions
Required Minimum Front Yard- No front yard setback
is required, except as necessary to provide a
minimum 5' sidewalk and a preferred 8' tree lawn-
When an 8’ tree lawn is not feasible, the Planning
Board, at their discretion, may reduce the tree lawn
requirement to 5’.
Required Minimum Side Yard- 10’
Required Minimum Other Side Yard- 10’
Required Minimum Rear Yard- For properties located
along the waterfront, there is a minimum setback of
25' from the top of bank. For properties not
located directly adjacent to the water the minimum
rear yard setback is 10'.
Minimum Building Height
For Industrial Uses there is no minimum building
height. For any non-industrial uses buildings must
be a minimum of 2 stories in height
Section 5. Section 325-8 of the Municipal Code of the City of
Ithaca is hereby amended as follows to establish district
regulations for the new Newman District (ND), and to amend the
District Regulations Chart as follows:
5/8/20175/4/20174/25/2017
8 | Page
Newman District (ND)
Permitted Primary Uses
1. Any Use Permitted in B-1 Zone, with the exception of
1 and 2 Family Detached or Semi-Detached Dwellings,
Fraternity, Sorority, or Dormitories, or Bed and
Breakfast homes, and Funeral Homes, and Banks or
Monetary Institutions, which are not permitted in
the Newman District.
2. Retail store or Service Commercial Facility
3. Restaurants, Fast Food Establishment, Tavern, with
the exception of establishments where food or drink
is intended to be served to or consumed by persons in
automobiles
4. Club, Lodge or Private Social Center
5. Theater, Bowling Alley, Auditorium or Other Similar
Place of Public Assembly
6. Hotel/Motel/Boatel
7. Recreational or Cultural Facilities such as a Park,
Playground, Art Museum, fishing pier, or yacht club
8. Public Recreation
9. Sale, Rental, Repair, or Storage of Marine-related
Recreational Equipment, such as boats, marine
engines, sails, cabin equipment, and boat fueling
Permitted Accessory Uses
1. Any accessory use permitted in the WE/WFD Zone,
2. Confectionary, Millinery, dressmaking, and Other
Activities involving Light Hand Fabrication, as well
as sales.
3. Parking Garages
Off Street Parking Requirement
None
Off Street Loading Requirement
None
Minimum Lot Size (SF)
3000
Minimum Width in Feet at Street Line
30
Maximum Building Height
For properties located along the waterfront, the first
12' building facing the water is restricted to have a
maximum building height of 2-3 stories after that the
building may step up to 5' stories. Properties not
5/8/20175/4/20174/25/2017
9 | Page
located adjacent to the water have a maximum of 5 stories
and 63'
Maximum Percentage of Lot Coverage by Buildings
100%, Except for Required Setbacks
Yard Dimensions
Required Minimum Front Yard- No front yard setback
is required, except as necessary to provide a
minimum 5' sidewalk and a preferred 8' tree lawn.
Required Minimum Side Yard- 5’
Required Minimum Other Side Yard- 5’
Required Minimum Rear Yard- For properties located
along the waterfront, there is a minimum setback of
20' from the top of bank Forfor properties not
located directly adjacent to the water the minimum
rear yard setback is 10'.
Minimum Building Height
25’
2 Stories
Section 6. Section 325-8 of the Municipal Code of the City of
Ithaca is hereby amended as follows to establish district
regulations for the new Market District (MD), and to amend the
District Regulations Chart as follows:
Market District (MD)
Permitted Primary Uses
1. Any use permitted in the Newman District
2. Health Care facilities
3. B&B Inns
4. Confectionary, Millinery, dressmaking, and Other
Activities involving Light Hand Fabrication, as well
as sales.
5. Food Production Facilities
Permitted Accessory Uses
1. Any accessory use permitted in the ND Zone
2. Drive-Thru Banking Services
3. Parking Garages
Off Street Parking Requirement
None
Off Street Loading Requirement
None
Minimum Lot Size (SF)
5/8/20175/4/20174/25/2017
10 | Page
3000
Minimum Width in Feet at Street Line
30
Maximum Building Height
For properties located along the waterfront, the first
12' building facing the water is restricted to have a
maximum building height of 2-3 stories after that the
building may step up to 5' stories. Properties not
located adjacent to the water have a maximum of 5 stories
and 63'
Maximum Percentage of Lot Coverage by Buildings
100%, Except for Required Setbacks
Yard Dimensions
Required Minimum Front Yard- No front yard setback
is required, except as necessary to provide a
minimum 5' sidewalk and an 8' tree lawn
Required Minimum Side Yard- 5’
Required Minimum Other Side Yard- 5’
Required Minimum Rear Yard- For properties located
along the waterfront, there is a minimum setback of
20' from the top of bank. For properties not
located directly adjacent to the water the minimum
rear yard setback is 10'.
Minimum Building Height
25’
2 Stories
Section 7. 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 8. 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.
5/8/20175/4/20174/25/2017
11 | Page
Section 9. Effective date. This ordinance shall take effect
immediately and in accordance with law upon publication of
notices as provided in the Ithaca City Charter.
FULL ENVIRONMENTAL ASSESSMENT FORM (FEAF)
PART 1—PROJECT INFORMATION
(Prepared by Project Sponsor/Applicant) 4/25/17
NOTE: This document is designed to assist in determining whether proposed action may have a significant
effect on the environment. Please complete the entire form: Parts A through E. Answers to these questions
will be considered part of the application for approval and may be subject to further verification and public
review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is
expected that completion of the FEAF will depend on information currently available and will not involve
new studies, research, or investigation. If information requiring such additional work is unavailable, so
indicate and specify each instance.
Name of Action: Waterfront Rezoning
Location of Action: Waterfront Study Area
Name of Applicant/Sponsor: City of Ithaca
Address: 108 East Green Street
City/Town/Village: Ithaca State: New York ZIP: 14850
Business Phone: 607-274-6550 E-Mail: jkusznir@cityofithaca.org
Name of Owner (if different from applicant/sponsor):
Address:
City/Town/Village: State: ZIP:
Business Phone: E-Mail:
Description of Action: The action being considered is the adoption of new zoning for the waterfront
area. Specifically, the action includes the creation of four new zoning districts, the Cherry Street
District, the Newman District, the Market District, and the West End/ Waterfront District. The newly
created districts will be replacing areas formerly zoned, I-1, WF-1, WF-2, and P-1. See enclosed map
for the proposed boundaries of each of the four districts.
4/25/17 2
A. SITE DESCRIPTION
Physical setting of overall project, both developed and undeveloped areas.
1. Present Land Use: Urban Industrial Commercial Public Forest
Agricultural Other: _________________________
2. Total area of project area: _____225 acres _____ square feet. (Chosen units also apply to following
ti )
Approximate Area (Units in Question 2 above apply to this section.) Currently After Completion
2a. Meadow or Brushland (non-agricultural) 24
2b. Forested
2c. Agricultural 1.5
2d. Wetland [as per Article 24 of Environmental Conservation Law (ECL)]
2e. Water Surface Area 20
2f. Public 6.5
2g. Unvegetated (i.e., rock, earth, or fill)
2h. Roads, Buildings, & Other Paved Surfaces 173
2i. Other (indicate type): ___________________
3a. What is the predominant soil type(s) on project site (e.g., HdB, silty loam, etc.): _Sloan-Teel, alluvial land,
Hamlin-Teel, Hamlin, fan-Palmyra________________
3b. Soil Drainage: Well-Drained: __ of Site
Moderately Well-Drained: 100% of Site
Poorly Drained: ______% of Site
4a. Are there bedrock outcroppings on project site? Yes No N/A
4b. What is depth of bedrock? unknown (feet)
4c. What is depth to the water table? unknown (feet)
5. Approximate percentage of proposed project site
with slopes:
0-10% 100 % 10-15% %
15% or greater %
6a. Is project substantially contiguous to, or does it
contain, a building, site, or district listed on or
eligible for the National or State Register of
Historic Places?
Yes No N/A
Chemung Canal Trust Company
6b. Or a designated local landmark or located in a
local landmark district?
Yes No N/A
Chemung Canal Trust Company
7. Do hunting and/or fishing opportunities currently
exist in the project area? Yes No N/A If “Yes,” identify each
species: Fishing
— PLEASE COMPLETE EVERY QUESTION. INDICATE “N/A,” IF NOT APPLICABLE. —
4/25/17 3
A. SITE DESCRIPTION (concluded)
8. Does project site contain any species of plant
and/or animal life identified as threatened or
endangered?
Yes No N/A
According to: _____________________________
Identify each species: _______________________
9. Are there any unique or unusual landforms on
project site (i.e., cliffs, other geological
formations)?
Yes No N/A
Describe: ________________________________
10. Is project site currently used by community or
neighborhood as an open space or recreation
area?
Yes No N/A
If yes, explain: Ithaca Farmer’s Market, Inlet Island
Promenade, Lookout Point, Brindley Park, Sections
of the Cayuga Waterfront Trail
11. Does present site offer or include scenic views
known to be important to the community? Yes No N/A
Describe: Waterfront views, views of East, West,
and South Hills, Views of Cass Park
12. Is project within or contiguous to a site
designated a Unique Natural Area (UNA) or
critical environmental area by a local or state
agency?
Yes No N/A
Describe: _________________________________
13. Stream(s) within or contiguous to project area:
a. Names of stream(s) or river(s) to which it is a
tributary: Cayuga Inlet, Flood Control Channel,
Six Mile Creek, Cascadilla Creek
14. Lakes, ponds, or wetland areas within or
contiguous to project area:
a. Name(s): .75 acres of wetlands located on the
Cherry Street extension
b. Size(s) in acres: .75 acres
15. Has site been used for land disposal of solid
and/or hazardous wastes? Yes No N/A
Describe: See Part 3
16. Is site served by existing public utilities?
a. If “Yes,” does sufficient capacity exist to
allow connection?
b. If “Yes,” will improvements be necessary to
allow connection?
Yes No N/A
Yes No N/A
Yes No N/A
4/25/17 4
B. PROJECT DESCRIPTION
1. Physical dimensions and scale of project (fill in dimensions as appropriate): ______________
1a. Total contiguous area owned by project sponsor either in acres: The total area being re-zoned is 225
acres. This area is owned by various private and public entities.
1b. Project acreage developed: +/- 60% Acres, initially: +/- 135 Acres, ultimately: Unknown
1c. Project acreage to remain undeveloped: NA
1d. Length of project in miles (if appropriate): NA or feet: NA
1e. If project is an expansion, indicate percentage change proposed: NA
1f. Number of existing off-street parking spaces: 323 Proposed: Unknown
1g. Maximum vehicular trips generated (on completion of project) per day: Unknown Per hour: ______
1h. Height of tallest proposed structure in feet: Tallest permitted structure in proposed zoning will be 63’
and 5 stories. No new structures are being proposed under this action. Any new structures will
undergo a separate environmental review as part of the site plan approval process.
1i. Linear feet of frontage along a public street or thoroughfare that the project will occupy: NA
2. Specify what type(s) of natural material (i.e., rock, earth, etc.) and how much will be removed from the
site: NA Or added to the site: NA
3. Specify what type(s) of vegetation (e.g., trees, shrubs, ground cover) and how much will be removed from
the site: Acres: NA Type(s) of Vegetation: NA
4. Will any mature trees or other locally important vegetation be removed for this project?
Yes No N/A If “Yes,” explain: ________________________________________________
5. Are there any plans for re-vegetation to replace vegetation removed during construction? NA
6. If single-phase project, anticipated period of construction: NA months (including demolition)
7. If multi-phase project, anticipated period of construction: NA months (including demolition)
7a. Total number of phases anticipated: NA
7b. Anticipated date of commencement for first phase: NA month NA year (including demolition)
7c. Approximate completion date of final phase: NA month NA year.
7d. Is phase one financially dependent on subsequent phases? Yes No N/A
8. Will blasting occur during construction? Yes No N/A If “Yes,” explain: NA
9. Number of jobs generated during construction: NA After project is completed: NA
10. Number of jobs eliminated by this project: NA Explain: NA
11. Will project require relocation of any projects or facilities? Yes No N/A If “Yes,” explain
4/25/17 5
B. PROJECT DESCRIPTION (concluded)
12a. Is surface or sub-surface liquid waste disposal involved? Yes No N/A If yes, explain:
12b. If #12a. If “Yes,” indicate type of waste (e.g., sewage, industrial, etc.):
12c. If surface disposal, where specifically will effluent be discharged?
13. Will surface area of existing lakes, ponds, streams, or other surface waterways be increased or decreased
by proposal? Yes No N/A If yes, explain: No change in water surface area is
anticipated as a result of this action. Any projects that are proposed in the new zoning will have to
undergo a separate environmental review as part of the site plan approval process.
14a. Will project or any portion of project occur wholly or partially within or contiguous to the 100-year
flood plain? Yes No N/A
14b. Does project or any portion of project occur wholly or partially within or contiguous to:
Cayuga Inlet Fall Creek Cascadilla Creek Cayuga Lake Six Mile Creek
Silver Creek? (Check all that apply.)
14c. Does project or any portion of project occur wholly or partially within or contiguous to wetlands as
described in Article 24 of the ECL? Yes No N/A
14d. If #14a., b., or c. is “Yes,” explain: Portions of the waterfront area that are located along the Inlet
are in the 100 year flood plain. On Cherry the Street Extension there is approximately .75 acres of
undesignated wetlands (as described in Article 24 of the ECL).
15a. Does project involve disposal of solid waste? Yes No N/A
15b. If #15a. If “Yes,” will an existing solid waste disposal facility be used? Yes No N/A
15c. If #15b. is “Yes,” give name of disposal facility: NA and location: NA
15d. Will there be any wastes that will not go into a sewage disposal system or into a sanitary landfill?
Yes No N/A If “Yes,” explain:
15e. Will any solid waste be disposed of on site? Yes No N/A If “Yes,” explain:
16. Will project use herbicides or pesticides? Yes No N/A If “Yes,” specify:
17. Will project affect a building or site listed on or eligible for the National or State Register of historic
Places, or a local landmark, or in a landmark district? Yes No N/A If “Yes,” explain:
The Chemung Canal Bank building is a locally designated historic landmark and the current
protections will remain in place with the proposed zoning.
18. Will project produce odors? Yes No N/A If yes, explain: No odors are anticipated as a
result of this action. Any projects that are proposed in the new zoning will have to undergo a
separate environmental review as part of the site plan review process.
19. Will project produce operating noise exceeding the local ambient noise-level during construction?
Yes No N/A After construction? Yes No N/A No noise is anticipated as a
result of this action. Any projects that are proposed in the new zoning will have to undergo a
separate environmental review as part of the site plan review process.
20. Will project result in an increase of energy use? Yes No N/A If yes, indicate type(s):
21. Total anticipated water usage per day in gals./day: NA Source of water: NA
4/25/17 6
C. ZONING & PLANNING INFORMATION
1. Does proposed action involve a planning or zoning decision? Yes No N/A
If yes, indicate the decision(s) required:
Zoning Amendment Zoning Variance New/Revision of Master Plan Subdivision
Site Plan Review Special Use Permit Resource Management Plan
Other: ____________________
2. What is the current zoning classification of site? ___I-1, P-1, WF-1, WF-2_, and Adult Uses__________
3. If site is developed as permitted by current zoning, what is the maximum potential development?
Current Zoning has approximately 72 acres of industrially zoned land. Industrial land has a
maximum height of 4 stories and 50’ and 40% lot coverage. There is an additional 53 acres that are
zoned WF-1 and approximately 28 acres zoned WF-2. Both the WF-1 and WF-2 have a maximum
building height of 63’ and a maximum lot coverage of 100%.
4. Is proposed use consistent with present zoning? Yes No N/A
5. If #4 is “No,” indicate desired zoning: West End/Waterfront (WF), Cherry Street District (CSD),
Newman District (ND), Market District (MD)
6. If site is developed by proposed zoning, what is the maximum potential development of the site? The
proposed zoning has 60 acres zoned as the Market District, 33 acres zoned Newman District, 50
acres zoned West End/Waterfront District, and 86 acres zoned Cherry Street District. All four of
these districts have a maximum allowable height of 63’ and a maximum lot coverage of 100%.
7. Is proposed action consistent with the recommended uses in adopted local land use plans?
Yes No N/A If “No,” explain: _____________________________________________
8. What is the dominant land use and zoning classification within a ¼-mile radius of the project?
(e.g., R-1a, R-1b) SW-1, MH-1, SW-2, I-1, , P-1, WF-1, Wf-2, WEDZ-1a,WEDZ-1b, B-4, WEDZ-1b,
CBD-60, R-1a, R-2a, R-3a, R-3aa, R-2b, R-3b, B-2a, R-2c, B-2d, B-4
9. Is proposed action compatible with adjacent land uses? Yes No N/A Explain: ________
10a. If proposed action is the Subdivision of land, how many lots are proposed? NA
10b. What is the minimum lot size proposed? 3000 SF
11. Will proposed action create demand for any community-provided services? (e.g., recreation, education,
police, fire protection, etc.)? Yes No N/A Explain: Not as a result of the action, which is
for proposed zoning. Any projects that are proposed in the new zoning will have to undergo a
separate environmental review as part of the site plan review process.
If “Yes,” is existing capacity sufficient to handle projected demand? Yes No N/A
Explain: _____________________________
12. Will proposed action result in the generation of traffic significantly above present levels?
Yes No N/A Not as a result of the action, which is for proposed zoning. Any projects
that are proposed in the new zoning will have to undergo a separate environmental review as part
of the site plan review process.
If yes, is existing road network adequate to handle additional traffic?
Yes No N/A Explain: __________________________________________
4/25/17 7
D. APPROVALS
1. Approvals: Adoption by Common Council Adoption
2a. Is any Federal permit required? Yes No N/A Specify: _________________
2b. Does project involve State or Federal funding or financing? Yes No N/A
If “Yes,” specify: ______________________________________
2c. Local and Regional Approvals:
Agency Yes No Type of
Approval Required
Submittal
Date
Approval
Date
Common Council Adoption
Board of Zoning Appeals (BZA)
Planning & Development Board
Ithaca Landmarks Preservation
Commission (ILPC)
Board of Public Works (BPW)
Fire Department
Police Department
Director of Code Enforcement
Ithaca Urban Renewal Agency
(IURA)
Other: _____________________
4/25/17 8
E. INFORMATIONAL DETAILS
Attach any additional information that may be needed to clarify your project. If there are, or may be, any
adverse impacts associated with your proposal, please discuss such impacts and the measures which you
propose to mitigate or avoid them.
F. VERIFICATION
I certify the information provided above is true to the best of my knowledge.
Applicant/Sponsor Name: Jennifer Kusznir
Signature:
Title/Role: Senior Planner
----------------------------------------------------------------------------------------
4/25/17 9
City of Ithaca Full Environmental Assessment Form (FEAF)
Part 2 - Project Impacts
Project Name: Waterfront District Re-Zoning
Date Created: 4/17/17
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
IMPACT ON LAND
1. Will there be an effect as a result of a physical change to project site? Yes No Not as
a result of the action, which is for proposed zoning
Any construction on slopes of 15% or greater (15-foot rise per
100 feet of length) or where general slope in the project
exceeds 10%.
Yes No
Construction on land where depth to the water table is less
than 3 feet. Yes No
Construction of parking facility/area for 50 or more vehicles. Yes No
Construction on land where bedrock is exposed or generally
within 3 feet of existing ground surface. Yes No
Construction that will continue for more than 1 year or involve
more than one phase or stage. Yes No
Evacuation for mining purposes that would remove more than
1,000 tons of natural material (i.e., rock or soil) per year. Yes No
Construction of any new sanitary landfill. Yes No
Construction in designated floodway. Yes No
Other impacts (if any): Yes No
2. Will there be an effect on any unique land forms found on the site (i.e., cliffs, gorges,
geological formations, etc.)? Yes No
Specific land forms (if any): Yes No
4/25/17 10
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
IMPACT ON WATER
3. Will project affect any water body designated as protected (under article 15 or 24 of
Environmental Conservation Law, E.C.L.)? Yes No
Developable area of site contains protected water body. Yes No
Dredging more than 100 cubic yards of material from channel
of protected stream. Yes No
Extension of utility distribution facilities through protected
water body. Yes No
Construction in designated freshwater wetland. Yes No
Other impacts (if any):
Yes No
4. Will project affect any non-protected existing or new body of water? Yes No Not as a
result of the action, which is for proposed zoning.
A 10% increase or decrease in surface area of any body of
water or more than 10,000 sq. ft. of surface area. Yes No
Construction, alteration, or conversion of body of water that
exceeds 10,000 sq. ft. of surface area. Yes No
Fall Creek, Six Mile Creek, Cascadilla Creek, Silver Creek,
Cayuga Lake, or Cayuga Inlet? Yes No
Other impacts (if any):
Yes No
4/25/17 11
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
IMPACT ON WATER (cont.)
5. Will project affect surface or groundwater quality? Yes No Not as a result of the
action, which is for proposed zoning
Project will require discharge permit. Yes No
Project requires use of source of water that does not have
approval to serve proposed project. Yes No
Construction or operation causing any contamination of a
public water supply system. Yes No
Project will adversely affect groundwater. Yes No
Liquid effluent will be conveyed off the site to facilities which
do not currently exist or that have inadequate capacity. Yes No
Project requiring a facility that would use water in excess of
20,000 gallons per day or 500 gallons per minute. Yes No
Project will likely cause siltation or other discharge into an
existing body of water to the extent that there will be an
obvious visual contrast to natural conditions.
Yes No
Proposed action will require storage of petroleum or chemical
products greater than 1,100 gallons. Yes No
Other impacts (if any):
Yes No
4/25/17 12
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
IMPACT ON WATER (cont.)
6. Will project alter drainage flow, drainage patterns, or surface water runoff? Yes No
Not as a result of the action, which is for proposed zoning.
Project would impede floodwater flows. Yes No
Project is likely to cause substantial erosion. Yes No
Project is incompatible with existing drainage patterns. Yes No
Other impacts (if any
Yes No
IMPACT ON AIR
7. Will project affect air quality? Yes No Not as a result of the action, which is for
proposed zoning.
Project will induce 500 or more vehicle trips in any 8-hour
period per day. Yes No
Project will result in the incineration of more than 2.5 tons of
refuse per 24-hour day. Yes No
Project emission rate of all contaminants will exceed 5 lbs.
per hour or a heat source producing more than 10 million
BTUs per hour.
Yes No
Other impacts (if any):
Yes No
4/25/17 13
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
IMPACTS ON PLANTS AND ANIMALS
8. Will project affect any threatened or endangered species? Yes No
Reduction of any species, listed on New York or Federal list,
using the site, found over, on, or near site. Yes No
Removal of any portion of a critical or significant wildlife
habitat. Yes No
Application of pesticide or herbicide more than twice a year
other than for agricultural purposes. Yes No
Other impacts (if any):
Yes No
9. Will proposed action substantially affect non-threatened or non-endangered species?
Yes No Not as a result of the action, which is for proposed zoning.
Proposed action would substantially interfere with any
resident or migratory fish, or wildlife species. Yes No
Proposed action requires removal or more than ½ acre of
mature woods or other locally important vegetation. Yes No
Other impacts (if any):
Yes No
4/25/17 14
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
IMPACT ON AESTHETIC RESOURCES
10. Will proposed action affect views, vistas, or visual character of the neighborhood or
community? Yes No Not as a result of the action, which is for proposed zoning.
Proposed land uses or proposed action components
obviously different from, or in sharp contrast to, current
surrounding land use patterns, whether man-made or natural.
Yes No
Proposed land uses or proposed action components visible to
users of aesthetic resources which will eliminate or
significantly reduce their enjoyment of aesthetic qualities of
that resource.
Yes No
Proposed action will result in elimination or major screening
of scenic views known to be important to the area. Yes No
Other impacts (if any):
Yes No
IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES
11. Will proposed action impact any site or structure of historic, prehistoric, or paleontological
importance? Yes No
Proposed action occurring wholly or partially within, or
contiguous to, any facility or site listed on or eligible for the
National or State Register of Historic Places.
Yes No
Any impact to an archaeological site or fossil bed located
within the project site. Yes No
Proposed action occurring wholly or partially within, or
contiguous to, any site designated as a local landmark or in a
landmark district.
Yes No
Other impacts (if any):
Yes No
4/25/17 15
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
IMPACT ON OPEN SPACE AND RECREATION
12. Will the proposed action affect the quantity or quality of existing or future open spaces, or
recreational opportunities? Yes No
The permanent foreclosure of a future recreational
opportunity. Yes No
A major reduction of an open space important to the
community. Yes No
Other impacts (if any):
Yes No
IMPACT ON UNIQUE NATURAL AREAS OR CRITICAL ENVIRONMENTAL AREAS
13. Will proposed action impact the exceptional or unique characteristics of a site designated
as a unique natural area (UNA) or a critical environmental area (CEA) by a local or state
agency? Yes No
Proposed action to locate within a UNA or CEA? Yes No
Proposed action will result in reduction in the quality of the
resource. Yes No
Proposed action will impact use, function, or enjoyment of the
resource. Yes No
Other impacts (if any):
Yes No
4/25/17 16
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
IMPACT ON TRANSPORTATION
14. Will there be an effect to existing transportation systems? Yes No Not as a result of
the action, which is for proposed zoning.
Alteration of present patterns of movement of people and/or
goods. Yes No
Proposed action will result in major traffic problems. Yes No
Other impacts:
Yes No
IMPACT ON ENERGY
15. Will proposed action affect community's sources of fuel or energy supply? Yes No
Proposed action causing greater than 5% increase in any
form of energy used in municipality. Yes No
Proposed action requiring creation or extension of an energy
transmission or supply system to serve more than 50 single-
or two-family residences.
Yes No
Other impacts (if any):
Yes No
4/25/17 17
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
IMPACT ON NOISE AND ODORS
16. Will there be objectionable odors, noise, glare, vibration, or electrical disturbance during
construction of, or after completion of, this proposed action? Yes No Not as a
result of the action, which is for proposed zoning.
Blasting within 1,500 feet of a hospital, school, or other
sensitive facility? Yes No
Odors will occur routinely (more than one hour per day). Yes No
Proposed action will produce operating noise exceeding local
ambient noise levels for noise outside of structure. Yes No
Proposed action will remove natural barriers that would act as
noise screen. Yes No
Other impacts (if any):
Yes No
IMPACT ON PUBLIC HEALTH
17. Will proposed action affect public health and safety? Yes No
Proposed action will cause risk of explosion or release of
hazardous substances (i.e., oil, pesticides, chemicals,
radiation, etc.) in the event of accident or upset conditions, or
there will be chronic low-level discharge or emission.
Yes No
Proposed action may result in burial of “hazardous wastes” in
any form (i.e., toxic, poisonous, highly reactive, radioactive,
irritating, infectious, etc.)
Yes No
Proposed action may result in excavation or other
disturbance within 2,000 feet of a site used for the disposal of
solid or hazardous wastes.
Yes No
Proposed action will result in handling or disposal or
hazardous wastes (i.e., toxic, poisonous, highly reactive,
radioactive, irritating, infectious, etc., including wastes that
are solid, semi-solid, liquid, or contain gases).
Yes No
4/25/17 18
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
IMPACT ON PUBLIC HEALTH (cont.)
Storage facilities for 50,000 or more gallons of any liquid fuel. Yes No
Use of any chemical for de-icing, soil stabilization, or control
of vegetation, insects, or animal life on the premises of any
residential, commercial, or industrial property in excess of
30,000 square feet.
Yes No
Other impacts (if any):
Yes No
IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD
18. Will proposed action affect the character of the existing community? Yes No -See
Part III
The population of the city in which the proposed action is
located is likely to grow by more than 5% of resident human
population.
Yes No
The municipal budgets for capital expenditures or operating
services will increase by more than 5% per year as a result of
this proposed action.
Yes No
Proposed action will conflict with officially adopted plans or
goals. Yes No
Proposed action will cause a change in the density of land
use. Yes No
Proposed action will replace or eliminate existing facilities,
structures, or areas of historic importance to the community. Yes No
Development will create demand for additional community
services (e.g., schools, police, and fire, etc.) Yes No
Proposed action will set an important precedent for future
actions. Yes No
Proposed action will relocate 15 or more employees in one or
more businesses. Yes No
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
4/25/17 19
IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD (cont.)
Other impacts (if any):
Yes No
19. Is there public controversy concerning the proposed action? Yes No Unknown
----------------------------------------------------------------------------------------
4/25/17 20
City of Ithaca Full Environmental Assessment Form (FEAF)
Part 2 - Project Impacts
Project Name: Waterfront District Re-Zoning
Date Created: 4/17/17
PROJECT DESCRIPTION
The action being considered is the adoption of new zoning for the waterfront area.
In September of 2015, the Common Council adopted Plan Ithaca as Phase I of the City Comprehensive Plan
and in November of 2015, staff was directed to begin working on a waterfront development plan as a part of
the next phase for the Comprehensive Plan.
In March of 2016, the Common Council adopted legislation establishing a Temporary Mandatory Planned
Unit Development (TMPUD) in the waterfront study for a period of 18 months. This was intended to allow
the Common Council to have transitional oversight for potential development projects and to ensure that
development in this area supports the goals of the City’s Comprehensive Plan, while the plan for the
waterfront and the associated new zoning could be established.
In order to develop recommendations for the plan and for the zoning a waterfront working group made up of
17 members of the public and City Planning Staff was established. The group began meeting regularly in
September of 2016. Given the deadline of establishing new zoning prior to the expiration of the TMPUD,
the waterfront working group has focused on completing a land use section of the plan and making
recommendations for future zoning for the Waterfront Study Area.
In December of 2016 the working group hosted two open houses to solicit additional input from the public.
Using feedback from the public and goals from Plan Ithaca the working group completed the land use section
of the draft plan.
This chapter includes the goals that were introduced in Phase 1 of the Comprehensive Plan and explains how
they are applicable to the waterfront area. When developing this plan, the working group specifically
referenced goals regarding protecting view sheds, allowing public access to the waterfront, enhancing
pedestrian and bicycle connections, reducing the impacts of parking in new developments, and creating a
mixed use district, including commercial, and housing, with an emphasis on uses that create an active
waterfront environment.
This chapter divides the waterfront area into four district character areas. The waterfront working group used
these areas to develop a recommendation for zoning for the waterfront.
IMPACT ON LAND, WATER, DRAINAGE, AIR
Since the action being evaluated is the adoption of new zoning, it does not contain any immediate physical
impacts on land, water, drainage, plants, or animals. Any new projects that are proposed will need to
undergo a complete environmental review as part of the site plan review process.
This zoning amendment may result in future development that could have construction on land where the
depth to the water table is less than 3 feet. This impact is small to moderate because the existing zoning
already allows development in this area and this is a common condition in the “flats” of the City. The
4/25/17 21
proposed zoning does not change the amount of construction that is permitted. Therefore the proposed action
does not significantly increase the impacts on land.
Additionally, future development may occur as a result of this action that could be located adjacent to the
Flood Control Channel, the Cayuga Inlet, Cascadilla Creek, or Fall Creek. Impacts as a result of this action
are expected to be minimal, since the level of development permitted will not change, only the permitted
uses.
Wetlands
On April 24, 2012, the City of Ithaca Planning Board passed a resolution for the Declaration of
Uninhabitable Land pertaining to a minor subdivision of City of Ithaca Tax Parcel # 100-2-1.2, Cherry
Street. The subdivision was for the existing 8.25-acre lot to be subdivided into two parcels. The parcel
fronting on Cherry Street measured 6.00 acres, and was transferred to the Ithaca Urban Renewal Agency
(IURA) for future sale and development. The remaining parcel, measured 2.25 acres and contained the .75
acres of wetlands. This parcel is protected from development in that it has been retained by the City for open
space (future potential for substitute park land). Also adopted was a permanent easements for utilities,
alignment for the future Black Diamond trail, and a proposed 25’ wetland buffer on the 6 acre parcel.
IMPACT ON HISTORIC AND ARCHAEIOLOGICAL RESOURCES
The proposed waterfront zoning area contains the Chemung Canal Bank building, located at 806 West
Buffalo Street. This structure is a locally registered landmark. The rezoning is expected to have a potential
future small to moderate impact because the proposed allowable uses in this area are similar to the existing
allowable uses.
IMPACT ON VIEWS
The proposed action is a rezoning that will allow for development along the waterfront. Any development
in the waterfront area may impact views of the waterfront. The area is currently zoned for development, so
the possible future impacts are expected to be about the same as any impacts that would result from
development that would be in compliance with the existing zoning. Future decisions about development will
be guided by Plan Ithaca, the City’s recently adopted comprehensive plan. In Section 3.3, Future Land Use
Categories, Waterfront Mixed Use, Planned Characteristics, it states; “New development should protect
view sheds and allow public access to the waterfront.
IMPACT ON PUBLIC HEALTH
Proposed action may result in excavation or other disturbance within 2,000 feet of a site used for the disposal
of solid or hazardous wastes. Historically, much of this area was devoted to transportation; a barge canal
terminal, the Lehigh Valley Railroad, a trolley used for local transportation, and petroleum product storage.
Additionally, coal tar was transported west on Court Street via a wooden duct “to the barge-loading facility,
on the Cayuga Inlet. It has been reported that tar escaped from several subsurface structures on the plant site
and also from the conduits, creating an extensive (and unusually shaped) pattern of subsurface tar
contamination.” (Coal Tar Pollution: New York Cleanup Sites - Google
https://www.google.com/mymaps/viewer?mid=1cok783lvIMdGDCQh1qzJRjMf900&hl=en NYSEG
completed the remediation from the gas manufacturing plant on Buffalo and Plain Streets to the Cayuga
Inlet.
It is also known that coal tar exists in the northeast corner of the Ithaca Area Wastewater Treatment Facility.
Should anything be built in the location, the contamination would need to be remediated.
4/25/17 22
Finger Lakes Development, LLC (“Developer”) completed environmental remediation from contamination
caused by petroleum storage tanks in the late 90’s in preparation for the development of the Boatyard Grill
Restaurant on Inlet Island. Additionally, subsurface conditions on Inlet Island appear to require remediation
of approximately 4,500 to 7,500 cubic feet of contaminated soils from bulk fuel storage uses. This land is
currently under the ownership of the IURA and the City. However, the contamination existed prior to
City/IURA ownership.
Due to the history of this area, all land is suspect for contamination and will require further environmental
investigation.
IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD
The proposed change in the allowable uses for this area could have a moderate impact on the character of the
community. The largest potential impact is that there are 72 acres that are currently zoned industrial and do
not permit residential uses. The proposed zoning would limit industrial to light industrial and would allow
for residential uses in all zones in the waterfront district. This could result in new mixed use and residential
neighborhoods where they did not previously exist. However, given the high demand for housing in the
City, this is considered to be a positive impact.
Proposed Waterfront Zoning – May 2017
Comments Received
Nels Bohn
Sent: Tuesday, April 11, 2017 11:39 AM
To: Jennifer Kusznir
Cc: JoAnn Cornish; Lisa Nicholas; Megan Wilson; Gino Leonardi
1. For grants purposes, it can be helpful to highlight the Black Diamond Trail and future
Complete Street section of Rt. 13 (Purity Point to Dey St.) and recommend their
implementation. It may be wise to include these land use elements in the land use
chapter maps as development of adjacent parcels should complement these features.
2. Cherry St. District (CSD)
a. If prohibiting "petroleum storage" as a permitted use, also consider prohibiting
"propane storage". The Mirabito bulk storage site in the WE‐WF contains both
types of storage.
b. Minimum Building Stories: Thank you for clarifying that Industrial Uses may be
single story. Are food production and breweries allowed to be single story
buildings too?
c. Accessory Structures: It appears that most accessory structures must also be a
minimum of 2 stories regardless of their size. I think it makes sense to allow
very small accessory structures to be one‐story in height, rather than send them
to the BZA.
d. The B‐4 District allows : "printing, heating, welding, air conditioning or other
similar shop" and therefore the former "I" zone allowed such uses in Cherry
Street. Such uses are expressly prohibited in the WE‐WF and appear to be
prohibited in the Cherry St. District. A number of such businesses are currently
located in Cherry St. I think they are an appropriate use for Cherry Street. I am
not sure they can meet the definition of a "light industrial" use in all instances
(metal working makes noise, welding may pose a fire hazard, etc...)
e. Is "large scale breweries" the same as a "large beverage producer", being
considered under separate legislation as a permitted use in the CBDs?
f. Single‐story storage is clearly prohibited. Is multi‐story storage and
warehousing (& lumber yards) permitted or prohibited?
g. Is a motor vehicle and service use permitted, such as Taber Auto? It is not
expressly prohibited, but it does not appear to be listed as a permitted use
either.
3. West End Waterfront District (WE/WFD)
a. A. "vehicle sales and service" is listed as a prohibited use. Is this intended to
differ from the use "motor vehicle sales and service" use that is permitted in the
B‐4 District? It is probably best to use a single term as someone may argue that
the Waterfront term only applies to "non‐motorized" vehicles.
b. I note that neither "health care facilities" nor "food production facilities" are
listed as permitted uses in the WE‐WF. I wonder if certain small‐scale
health/food production uses could be compatible. Health care offices in
particular could make a good ground floor tenant for upper story housing.
Come to think of it, wouldn't this impact CMC's Inlet Island use that was
probably originally allowed as an "office" use ?
4. Market District (MD)
a. Just to confirm, "community gardening" is permitted as a "public recreational"
use or is it considered "food production facilities"? I guess it would be an
allowed use either way.
b. If the "P‐1" district is replaced, does the wastewater treatment facility need to
be called out as a permitted use or is it a "public utility" allowed via the R‐1
District?
5. Newman District (ND)
a. If the goal is for mixed‐use, walkable development in this district, I wonder if an
"urban beverage producer" (brewpub and the like) should also be an allowed
use.
B. If the "P‐1" district is replaced, does a use such as "municipal building" need to
be added to ensure that DPW and TCAT are permitted uses.
6. Dock, fishing/walking pier use
a. Is it clear that such uses are permitted on Inlet Island and along the waterfronts?
It seems like it is not really addressed in the current or proposed zoning.
7. Do you know what the definition is for a "service commercial facility" allowed in the ND
and MD? Does a drycleaning operation fit within this definition? What about an
operation like Ricks Rental?
8. Formatting ‐ Did you notice that the portion of the ordinance that lists permitted uses
has strange formatting that cuts many words after the first two letters?
Thanks for the opportunity to comment,
Nels
Nels Bohn, Director of Community Development
Ithaca Urban Renewal Agency
108 W Green Street
Ithaca, NY 14850
NBohn@cityofithaca.org
607‐274‐6547
Rob Steuteville [rob@newurbannews.com]
Sent: Friday, April 28, 2017 11:10 AM
To: JoAnn Cornish; Jennifer Kusznir
Cc: Leslie Schill [leslie.schill@cornell.edu]
JoAnn and Jennifer, here is a letter to the waterfront zoning committee. Please pass it along.
Thank you.
Dear Waterfront Zoning Committee:
Plan Ithaca calls for "well-designed, compact mixed-use development" in the waterfront area.
While the proposed waterfront zoning makes some positive strides toward allowing compact
mixed-use development, it is not required or guaranteed. Due to the lack of form standards we
are concerned that walkable, human-scale, mixed-use development may not be achieved; in
fact, some low quality, car-oriented and unwalkable development is allowed by right. One of the
best proposals in the code is the lack of off-street parking requirements, which means the City
would not force developers to build too much parking. The major shortcoming is a lack of
minimal regulations of form, which creates uncertainty and disincentive to invest in buildings that
will contribute to a complete and cohesive community.
With the exception of parts of the West End, there is no existing, historic urbanism with blocks
and streets and buildings to create a foundation for placemaking on the waterfront. Lacking that,
the waterfront calls out for a code that offers predictability to reward developers for contributing
to the creation of neighborhoods that are comparable in quality to the best neighborhoods in the
City.
For example, a developer of a portion of the waterfront would have no assurance that
investment in a quality public realm with street-oriented buildings would not be undermined by
the builder of a nearby property who provides a blank wall or surface parking along the right-of-
way. Similarly, why should a developer put doors on the street and windows that engage
pedestrians when the next new building may face the interior of the block?
The sense of place and the value that provides could quickly dissipate in such a free-for-all,
leaving the City with an uneven mix of development that feels more comfortable to drive
through.
The City may plan on working out these details in design review, but trying to create good
urbanism with no form standards or nearby historic precedent will set the bar very low from the
start. Comprehensive redesign is not the job of design review. The waterfront would benefit from
a form-based code, or at least strategic form-based standards incorporated into the zoning.
Form Ithaca has delivered a comprehensive form-based code, The Character Code, for the City
to use. Even if the City does not want to adopt the Character Code in the short time frame
available, standards could be added to the proposed zoning to create some level of
predictability in the creation of a walkable urban place. Form Ithaca would be happy to work with
the City in incorporating such standards.
These regulations could include:
• Built-to lines would ensure a sense of enclosure of streets, a basic component of walkable
neighborhoods.
• Regulations for the location of parking. Parking requirements or no, developers are likely to
build substantial parking in the waterfront. Making sure that parking is not in front of buildings
(with the exception of on-street spaces) is critical creating a walkable place and avoiding
Southwest Ithaca’s built commercial environment.
• Limitation on how much of the parcel frontage can be taken by parking, if parking is on the side
of a building.
• Block size limits to create human-scale neighborhoods.
• Glazing standards, to ensure the fronts of buildings have sufficient windows.
• Limit on blank walls, which kill a pedestrian-friendly streetscape.
• Required door spacing along the street and guarantee that doors will be accessible from the
sidewalk.
The code also lacks:
• Materials requirements or guidance
• Articulation requirements
• Street standards—such as curb return radii, lane width, on street parking— which determine
whether streets are comfortable for people.
Preventing small-scale urbanism
The proposed zoning appears to favor large-scale buildings, which does not work towards an
engaging public realm. Single-family and two-family detached and semi-detached housing is
forbidden. This ban eliminates cottages and some kinds of courtyard units, in addition to small
lot single-family and duplexes. While the code does not specifically say so, townhouses and
small shopfront houses on their own lots are also impossible to build under the code for many
reasons. The minimum 30 foot lot width, minimum 3,000 sf lot size, and minimum 5-foot
sideyard setback rule out these building types. Townhouses, shopfront houses and attached
live-work units are small-scale urbanism that could achieve substantial density—a good
combination. A characteristic of good or great neighborhoods is a range of scale and types of
buildings that together achieve density and diversity. This code seems to eliminate some of the
“missing middle” housing types that are essential to good urbanism. We recommend that the
regulations preventing townhouses and shopfront houses be eliminated at the very least. A
form-based code could allow all of these building types, including the small-lot single family and
duplexes.
While the proposal talks a lot about mixed-use, nowhere does the zoning specifically say that
mixed-use buildings are allowed as of right. If that is the intent, we recommend that be made
explicit. The zoning refers to B-1 and B-2, but even when referring back to those zoning
regulations this issue is unclear to those who are not already familiar with the zoning.
Another critical issue is that much of the waterfront is cut off from adjacent neighborhoods by a
pedestrian unfriendly thoroughfare, Route 13. Pedestrian and bicycle connections cannot
improve without a transformation of parts of this thoroughfare. New development will respond to
the context created by this thoroughfare, which is one reason why form standards are key to
new waterfront zoning. In order to create a walkable, mixed-use waterfront, the City would be
best served by working on a detailed plan for Route 13 at the same time as the zoning. And the
City should send a clear signal through the zoning that the context, which is currently
automobile-oriented, will be different in the future. In that way, developers will respond to the
future context envisioned by Plan Ithaca, not the existing context.
Developers will have substantial opportunities in the waterfront districts, but our widely held
community vision goes far beyond simply allowing isolated new housing and businesses. This
area should be built as complete neighborhoods that are cohesive, designed for people, and
beautiful. We believe that such an approach will maximize investment and economic and social
benefits, and is aligned with the goals of Plan Ithaca.
Strategic changes to this code would go a long way to encouraging developers to invest in
placemaking and complete neighborhoods and to ensure that their efforts would be rewarded. In
the long-term, a comprehensive form-based code like the Form Ithaca Character Code would be
most effective in this vital part of the growing City of Ithaca.
Sincerely,
The Form Ithaca Team
Robert Steuteville
David West
CJ Randall
Noah Demarest
1,0000500
feet
Cherry
Street
District
West End/
Waterfront
District
Market
District
Newman
District
Parcel Lines
Waterfront Boundary
Trails
March 23, 2017 1 | Page
March 17, 2017
2. Land Use
2.1 Introduction
The Ithaca Waterfront District is bordered to the north by the Newman Golf
Course, to the south by Cecil Malone Drive and the City border, to the west by
the Flood Control Channel, and to the east by Route 13/Fulton and Meadow
Streets.
March 23, 2017 2 | Page
Poor Soils
Most of the
waterfront area
contains soils made
up of sand, silt, and
clay. These poor
soils make it
difficult to support
structures because
of the irregular
settlement that
occurs. This poses a
significant challenge
to the financing and
construction of new
projects. In order to
overcome this
challenge, new
construction must
either be limited in
height, or must
have very expensive
foundations.
The Ithaca Waterfront District is home to a wide variety of uses including a
state of the art health care facility, restaurants, bars, industrial uses, and
the Ithaca Farmer’s Market. However, there is still much underdeveloped
land that could be a potential area of growth for the City.
Plan Ithaca, the City’s recently adopted comprehensive plan, categorized
the waterfront study area as predominantly mixed use and enterprise
areas intended to encourage higher density growth in the form of well-
designed, compact, mixed use development. These areas are located on
or adjacent to major transportation corridors within the City, making it easy
for residents to get to jobs and services and for visitors to access local
businesses. Additionally, there are some areas classified as
environmentally sensitive and important locations where special
consideration must be given to preserve unique natural features.
Future Considerations
As this district grows there are considerations to address in order to
encourage positive development trends:
Building Water Frontages – Opportunities exist to
encourage businesses along the waterfront to
develop inviting water frontages. A 25 foot
maintenance easement exists along the Flood
Control Channel in order for the Department of
Environmental Conservation to protect the water
edge and have access for care of the channel itself.
However, beyond the easement, developers have
the opportunity to treat the water and the water’s
edge as a front yard.
District Identity – Opportunities exist to develop
cohesive signage art, and landscape elements that
will help create an identify for the district.
Housing – The City has a documented need for
increased housing that is located on public transit
routes and within walking distance to desirable
amenities. The waterfront area has several
locations that would be ideal for additional housing
and that would provide easy pedestrian, bike, and
bus access to parks, the Farmer’s Market, and
downtown retail centers.
Business Improvement District – There is an
opportunity to develop a business improvement
district that can provide a platform for a unified vision
for commercial and residential activity in the area.
March 23, 2017 3 | Page
Dredging
After the Flood Control Project was completed in 1970, responsibility for periodic and emergency maintenance
dredging was transferred to the New York State Department of Environmental Conservation (NYSDEC). Portions of
the channel were dredged by the Army Corps of Engineers in 1973 and 1999, and the lower channel was dredged by
the New York State Department of Transportation in the early 1980’s. Since the mid‐1990’s, the City has been working
with responsible agencies to designate a dewatering site that would allow dredging to take place. The delay in
maintenance dredging has made the lower channel inaccessible to larger boats. This challenge pertains to all areas
where commercial activity exists along the waterfront.
Limited Season – Ithaca’s climate does not provide a lengthy
season for water-dependent uses. Any development options that
rely on the water as an amenity could suffer during the winter
months and should consider how to overcome the economic
challenges of the off-season.
Develop Financial and Management Resources – Unlike the
downtown area this area does not have an established Business
Improvement District, or any sense of established identity.
Merchants, property owners, and business owners lack any
organized structure for addressing concerns in this district or
planning for future needs. Developing these resources would aid
future planning initiatives and could also provide assistance for new
and existing businesses.
Potential Flooding – Potential flooding is a challenge for all
portions of the waterfront area. Any new construction has to
consider and be prepared for potential flooding. Similar to the
accommodations that must be made for poor soils, special
construction techniques must be used, which may result in higher
building costs.
March 23, 2017 4 | Page
Plan Ithaca
Land Use Goals‐Not
Specific to the
Waterfront
Neighborhood CHARACTER will
be preserved and enhanced.
Green space surrounding the
city will be preserved to
minimize sprawl and protect
open space and agricultural
lands.
Housing will be located so
that jobs and services are easily
accessible.
Permitted land uses will
promote business expansion
and job growth within the city.
New development will be
consistent with the City’s land
use goals and map and will be
of high‐quality design.
Land use planning decisions
and investments will be
coordinated with the goals of
the Mobility & Transportation
chapter.
Goals
The following are Land Use goals outlined in the City of
Ithaca’s Comprehensive Plan, “Plan Ithaca: A Vision for our
Future” that are specifically applicable to the Waterfront Area.
Goals that are specific to the Waterfront Area Plan are bolded
and explained.
1. The city’s role as the economic, social, and
cultural center of Tompkins County will be
strengthened by attracting and retaining a larger
proportion of the County population, reversing a
half-century trend of population loss to the County.
–The Waterfront District provides the City with a
unique opportunity for a space that the City can
encourage additional growth and retention of
people looking to live in the City.
2. Additional housing will provide opportunities for
people of all incomes, ages, and abilities to live in
the city. —The Waterfront District should be
developed to include additional housing
opportunities for people of all incomes, ages and
abilities.
3. As the city continues to develop, green spaces will
be enhanced and located to best serve residents
and visitors. —As the waterfront develops, the
green spaces should be maintained and enhanced
to serve the growing population in this area.
4. Transportation and housing options will reduce
commuter traffic. —Housing along the waterfront
provides opportunities for people to live within
walking distance of major employers and to public
transit, which may reduce commuter traffic into the
City
5. An increased the tax base will reduce the tax
March 23, 2017 5 | Page
burden for residents. —The Waterfront District there is ample opportunity
for new development, which will increase the tax base and reduce the tax
burden on others.
6. The community will be economically vibrant and offer a high quality of life.
—Encouraging mixed use development in the Waterfront District will create
an economically vibrant residential and commercial district.
March 23, 2017 6 | Page
Land Use Recommendations
A. Encourage Mixed Use Development. The City
should encourage and support mixed-use development in the entire
waterfront area that will grow the existing character in each of the
waterfront districts. Development should be sensitive to the predominant
use in the district, including the industrial nature of the Cherry Street
District, the West End Waterfront District as one of the transportation hubs
in the City, the Market District as the food production district, and the
Newman District as a recreational/residential district.
B. Encourage Housing Opportunities for all
Income Levels. The City should encourage residential opportunities for
people of all income levels to be developed in the waterfront area. This
can be accomplished by offering zoning incentives or tax abatements that
encourage the inclusion of lower income housing opportunities along with
market rate development.
C. Encourage Public Access to the Waterfront. As
the waterfront develops great care should be taken by the City to assure
that the area does not become exclusive and limit access by all members
of the public to enjoy the waterfront. The City should ensure that all new
development opportunities reserve space for public walkways along the
waterfront.
D. Encourage Better Multi Modal Connections.
The City should encourage development at the waterfront to have better
multi modal connections to all areas. New development should consider
pedestrian, bike, and public transit connections and reserve space for
these modes to allow access to all portions of the waterfront.
E. Encourage a Vibrant District. The City should
encourage development that will result in 24/7/365 activity. Mixed use
development that includes commercial and residential uses will allow the
waterfront area to be occupied at all times of day throughout the year,
resulting in a more vibrant space.
March 23, 2017 7 | Page
F.
2.1 Waterfront Area Map
As part of Phase II of the Comprehensive Plan, the Waterfront District can
be divided into five character areas that elaborate on Phase I by
identifying areas of similar existing and future planned uses. These
districts are the Cherry Street District, the West End/Waterfront District,
Inlet Island, the Market District, and the Newman District. The trail network
throughout this area acts as a link connecting the districts to the waterfront
and to each other.
Waterfront District –Character Area Boundaries
March 23, 2017 8 | Page
2.2 Character Areas
The Cherry Street District
Location
The Cherry Street District is bordered on the west by the Flood Control
Channel, to the north by Six Mile Creek, and to the east by Nate’s Floral
Estates. A portion also includes land between Cecil B. Malone Drive and
Six Mile Creek.
Waterfront Character Areas- Cherry Street District
March 23, 2017 9 | Page
Existing Characteristics
This area has an industrial character with several long-standing local
businesses, including a metal scrap yard, manufacturing and high-tech
businesses, and other commercial uses. There is also a 25 foot
permanent maintenance easement between the water and the buildings,
prohibiting construction within the easement.
Challenges
The Cherry Street District has a unique set of challenges that should be
addressed in order to facilitate successful new and existing development.
Visibility — Much of the district has little or no visibility from Route 13
and other main roads. This could pose a challenge to some
businesses that might require street visibility.
Traffic Circulation — The Cherry Street District has only one through
street with no sidewalks. In order to develop this district, a plan for
safe multi-modal transportation into and out of this area is needed.
Any traffic planning should also consider the opportunities that exist
with the planned reconstruction and realignment of the Brindley Street
Bridge, as well as a potential pedestrian bridge that crosses the Flood
Control Channel and creates a connection to West Hill.
High Development Costs — As this area develops, the demand for
waterfront land may drive up the cost of land. This, coupled with the
expensive foundations that are required to offset the impacts of poor
soils, could pose challenges to development of non-residential uses,
which could make it difficult to include a mix of uses.
Opportunities
This district has several opportunities for development/redevelopment of
sites, including the following:
Cherry Street Extension - There is a large section of undeveloped
City-owned land at the southern end of Cherry Street. This area
contains some wetlands; however, there are approximately 3 acres
of land for potential future development.
Infill Opportunities – Throughout this district there are several
large underutilized parking lots. With planning and sharing of
March 23, 2017 10 | Page
parking, there could be several potential infill development sites
available. There are also opportunities to increase density on
several sites.
Industrial Character — This district has developed with a
predominantly industrial base. This industrial base can be used as a
guide to develop a cohesive look and to encourage additional
development that is compatible with the existing character. The
types of buildings include warehouses, factories, and commercial
structures. Supporting these and similar uses will foster
development creating more jobs and helping the area serve as an
economic engine for the City. While industrial uses are desired,
businesses that locate in this district must have a low environmental
impact, particularly given its proximity to the water. Housing is also a
desired use in this area. The district’s character creates an ideal
location to encourage alternate types of housing that make use of
industrial-style buildings and create spaces for live/work activities.
Future Black Diamond Trail Connection — Portions of the Black
Diamond Trail are currently under construction outside of the City.
A small segment has been constructed in the city on the western
side of the Flood Control Channel between the water and Route
13A/Floral Ave. Current plans are for this segment of the trail to
connect to a new bridge over the Flood Control Channel and
continue along the eastern side between the water and Cherry
Street, in a southerly direction, eventually connecting to a segment
ending at Robert H. Treman State Park. The anticipated use of the
trail will be for both commuting as well as recreation improving multi-
modal transportation opportunities and connecting the district to the
regional trail network.
Expansion of Business Opportunities — This district contains
several long standing, well-established businesses. The City should
encourage new or expanded opportunities to create well-paying
jobs.
Planned Characteristics
Encourage Mixed-Use and/or Live/Work- The City should
encourage and support mixed-use development that is compatible
with the existing industrial uses and that allows for live/work
opportunities. Mixed-use development can include residential uses
and commercial uses. In addition, light industrial and manufacturing
uses that encourage job creation and allow for residential uses to
coexist are desirable.
March 23, 2017 11 | Page
Retain Industrial Character –The Cherry Street District is one of
the few areas in the City that has existing industrial uses. This
industrial character defines this district and should be retained and
encouraged.
Improve Multi Modal Transportation Connections-Given the
limited road network in this district, alternative transportation is
critical if development is to expand in this area. The completion of
the Black Diamond Trail will provide more opportunities for
pedestrian and bicycle transportation. In addition, the planned
reconstruction/realignment of the Brindley Bridge will allow for better
automotive access into the district.
Seek Development Opportunities that Result in 24/7 Activity-
The encouragement of mixed residential/commercial development in
this area will also encourage 24/7 activity.
March 23, 2017 12 | Page
The West End/Waterfront District
Location
The West End/Waterfront District is bordered to the north by Cascadilla
Street and by the Flood Control Channel, to the west by the Cayuga Inlet,
to the east by Route 13/Meadow Street, and to the south by Six Mile
Creek.
Waterfront Plan Character Areas-West End/Waterfront District
March 23, 2017 13 | Page
Existing Characteristics
This district is the most developed portion of the waterfront area. It is
characterized by several long-standing local businesses and a mix of
historic buildings. There are still several areas of underdeveloped land that
have potential to be redeveloped.
Challenges
The following challenges will need to be addressed in order for existing
and future development to be successful:
Traffic – One of the largest challenges to existing and future
development in this district is traffic. The district is bound on the
east by the southbound section of Route 13, which also contains
major connections to the east and west. Several times throughout
the day this area becomes heavily congested and can cause travel
delays and difficulty for cars exiting businesses along Route 13.
This results in patrons avoiding this area during peak times and
diverting to other routes. In addition, trains can block traffic from
turning west out of the district, which further exacerbates the
congestion.
Pedestrian and Bike Safety — Parts of this area
feel unsafe to bicyclists and pedestrians. This is due in part to the
high levels of traffic, but also to the lack of infrastructure for these
modes of travel.
Opportunities
Despite challenges that exist, the West End/Waterfront District has many
attributes that encourage new and existing businesses.
Intercity Bus Station – The Intercity bus station is
located in this district. This provides an opportunity to create a
welcoming center that is a gateway to the City and to install
signage that can direct visitors to local points of interest.
Trail Connections – Connections to the Cayuga
waterfront trail. This is the only district not yet connected to the
waterfront trail.
Planned Characteristics
March 23, 2017 14 | Page
City Gateway and Transportation Hub – Take
advantage of the existing bus station and create a welcoming
information district for the city. Work with TCAT to develop a direct
transport between West End to downtown and college campuses.
Safety – Improve safety perceptions by creating
improved consistent lighting
Signage – Create better wayfinding signage,
including electronic directory of places around the city.
Connections – Enhanced connections between
the waterfront and the Ithaca Commons, particularly across Route
13 (Meadow and Fulton Streets) and along the State Street
Corridor.
Retention of Existing Businesses– Encourage
and promote existing local businesses.
March 23, 2017 15 | Page
The Newman District
Location
The Newman District is bordered by the Newman Golf Course to the
north, Route 13 to the East, and the Cayuga inlet to the west, and
Cascadilla Creek to the South.
Waterfront Character Areas-Newman District
March 23, 2017 16 | Page
Existing Characteristics
Existing uses on this site include the City’s Streets and Facilities buildings,
Tompkins Consolidated Area Transit (TCAT) facilities, and docks. Several
existing, long-time businesses are located in this area. The fire training
center is located to the north within Stewart Park.
Challenges
Challenges to development in this area are similar to other areas in the
waterfront district, including poor soil conditions and expensive
construction costs. In addition, the following challenges exist that are
specific to the Newman District:
City and TCAT Facilities – Much of the land is
occupied by the City Streets and Facilities building and storage and
the Tompkins County Area Transit Facilities. The City and TCAT
have discussed the possibility of relocating these facilities in order
to preserve prime waterfront land for other development options.
Limited Railroad Crossing – There is only one
crossing over the railroad tracks into this district. Since the railroad
company is unlikely to grant additional crossings, any development
will have to deal with the challenge of having only one point of
access into the site.
Opportunities
While there are challenges that need to be addressed in order to allow for
any additional development in this area, there are also several attributes
that are unique to this area that make it very desirable for future waterfront
development, including the following:
Location – This district is located adjacent to Stewart Park and the
Newman Golf Course and overlooks the water.
Trails – The Cayuga Waterfront Trail runs through this district.
This allows for easy walking or biking to Stewart Park, the Farmer’s
Market, and other points beyond.
Planned Characteristics
Relocation of City Facilities – The City should
consider the relocation of TCAT, Streets and Facilities, and the Fire
March 23, 2017 17 | Page
Training Center in order to free up prime waterfront land for future
development.
Future Development of Water
Related/Dependent/Enhanced Uses – This area is ideal to
encourage development of condos and townhomes, ground floor
retail and/or restaurants and other uses that would be enhanced by
their location along the waterfront. In addition, water dependent
uses, such as boating centers and docks should also be
encouraged.
Encourage Public Access —This area should be
developed to allow for full public access and enjoyment of the
water. Private housing communities should be discouraged.
Waterfront Trail—The waterfront trail should be
realigned to be located along the waterfront at the Newman Golf
Course and the Cornell Biological Field Station or a loop trail should
be added.
March 23, 2017 18 | Page
The Market District
Location
The Market District is bordered by Cascadilla Creek to the north, Routh 13
to the east, the Cayuga Inlet to the west and Cascadilla Street to the
south.
Waterfront Character Areas-Market District
March 23, 2017 19 | Page
Existing Characteristics
Existing uses on this site include the Ithaca Area Waste Water Treatment
Plant, the Ithaca Farmer’s Market, the Community Gardens, parking, the
undeveloped Carpenter Business Park, and the Cornell and IC
Boathouses
Challenges
In addition to other challenges that are common throughout the waterfront,
the Market District has the following specific challenges:
Railroad —The Norfolk Southern Cargo railroad tracks run through the
center of the Market District dividing potential development sites. Limited
railroad crossings limit entry and exit options into the district. When the
trains arrive in the City they are very long and very slow moving and cause
traffic to back up while waiting for the train to pass. The trains also create
noise and vibrations, which has the potential for creating disturbances to
future residential uses.
Fuel Storage —Currently there is a fueling station with fuel storage
located adjacent to the water. This could cause potential safety risks to
future residential uses and could cause environmental concerns for
potential leakage in such a close proximity to the water.
Power Lines —Currently, high tensioned power lines run down the center
of the Market District. This is problematic for any future development,
since structures are not permitted beneath the power lines. Any future
development will likely relocation of the power lines.
Opportunities
This district has several opportunities for development/redevelopment of
sites, including the following:
Highway Access —The Market District is located
along NYS Route 13. The proximity to this highway provides easy
access for deliveries and excellent visibility for any future
development of this site.
Future Microgrid — The Tompkins County Waste
Water Treatment Plant (WWTP) is located in the Market District.
March 23, 2017 20 | Page
This facility provides an excellent opportunity to utilize excess
energy to provide alternate sources of electricity. Plans are
currently being developed to create a Microgrid system that would
distribute electricity to surrounding area.
NY State Department Of Transportation Site
(NYSDOT) —A large 7.6 acre site located within the Market District
is currently being used as a NYSDOT maintenance facility. The
land is valued at approximately $1.5 million. The site is located
beside the Farmer’s Market and is adjacent to the waterfront. The
City and the County have been working with the NYSDOT to try
and re-locate the DOT facility and free up the land for
redevelopment. This parcel has tremendous redevelopment
potential and has generated a great deal of developer interest over
the years.
Planned Characteristics
Encourage Mixed Use Development – Future
development should include a mix of development types and uses,
including commercial and residential uses.
Support Established Uses – Future development
should enhance/protect the existing uses, including retaining a
space for the Ithaca Farmer’s Market and rowing and boating
users.
Encourage Synergistic Uses – This area could
benefit by incorporating synergistic uses into planned projects, such
as food production and community kitchens, which could enhance
the Farmer’s Market.
Make Use of WWTP Excess Heat Energy –
Future development opportunities should consider how to
incorporate waste heat from the WWTP.
\
TO: Planning and Economic Development Committee Members of Common Council
FROM: JoAnn Cornish, Director of Planning and Development
DATE: May 5, 2017
RE: Proposed Revisions to the City of Ithaca Site Plan Review Ordinance Pertaining to
§276-7 B. Criteria for Tree Preservation, Plant Selection and Planting, Site
Construction, Plant Materials and Maintenance
At the March 8, 2017 meeting of the Planning Committee, Planning Staff was given the directive to
circulate the proposed revisions to the City of Ithaca Site Plan Review Ordinance pertaining to §276-
7 B. Criteria for Tree Preservation, Plant Selection and Planting, Site Construction, Plant Materials
and Maintenance as originally recommended by the City of Ithaca Shade Tree Advisory Commission.
For your convenience, I am again attaching the draft ordinance (the same as you received last month).
The Planning and Economic Development Committee will hold a public hearing and consider the
proposed ordinance at its regularly scheduled meeting on May 10, 2017.
CITY OF ITHACA
108 E. Green Street — 3rd Floor Ithaca, NY 14850-5690
DEPARTMENT OF PLANNING, BUILDING, & 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
5/8/2017
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PLANNING COMMITTEE: May 10, 2017
An Ordinance Amending the Municipal Code Of The City Of Ithaca,
Chapter 276, Section 276-7 B. Criteria for Tree Preservation,
Plant Selection and Planting, Site Construction, Plant Materials
and Maintenance
The ordinance to be considered shall be as follows:
ORDINANCE NO.
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF
ITHACA, Chapter 276, Section 276-7 B. Criteria for Tree
Preservation, Plant Selection and Planting, Site Construction,
Plant Materials and Maintenance
BE IT NOW ORDAINED AND ENACTED by the Common Council of the
City of Ithaca that Chapter 276 (Site Plan Review) of the
Municipal Code of the City of Ithaca is hereby amended as
follows:
Section 276-7 B. Criteria for Tree Preservation, Plant Selection
and Planting, Site Construction, Plant Materials and Maintenance
is to be deleted and replaced in its entirety with the following
language:
B. CRITERIA FOR TREE PRESERVATION, PLANT SELECTION AND PLANTING
SITE CONSTRUCTION, 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. Additional information and guidelines are available in the City’s
forestry master plan, Ithaca's Trees: Master Plan, Inventory & Arboriculture Guidelines for the
Public Trees in the City of Ithaca New York (available at:
http://www.cityofithaca.org/DocumentCenter/View/379 . Appendix II of Ithaca’s Trees provides
standard construction details relating to the best practices for tree planting in the City. Where
feasible and applicable, these details should be incorporated into site designs:
“Minimum Spacing for Street Trees”
“Typical Tree Planting in Ordinary Soil”
“Typical Tree and Shrub Planting in Continuous Bed”
“Typical Tree Lawn Planting Detail”
“Structural Soil Break-out Zone from Narrow Tree Lawn to Adjacent
Property”
“Typical Tree Planting Pit with Structural Soil along Sidewalk”
“Typical Tree Planting Island in a Parking Lot with Structural Soil”
“Tree Protection Fencing Detail”
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1. PRESERVATION OF EXISTING TREES.
a. Where possible and reasonable, any trees greater than eight inches in diameter at
breast height of desirable species and in good health and sound structure, in
consultation with the City Forester, should be retained on the site and protected
during development per the requirements of ANSI A300, Trees and Shrubs Of
Construction Management Standard Part 5 and the Best Management Practices
Managing Trees During Construction, published by the International Society of
Arboriculture. See also Ithaca’s Trees Appendix II: Standard Tree Planting Details
“Tree Protection fencing detail”.
b. The City Forester shall review a pre-construction tree inventory if required. The
Forester may require the developer to survey some trees that lie outside of the
property, as neighboring trees can be negatively impacted by construction. The
preconstruction tree survey shall include trees on the private property as well as street
trees adjacent to the property and shall note the location of the trees, their species,
DBH (diameter at 4.5’ above grade), and the critical root zone area (CRZ). The CRZ
shall be noted as a radius of 1’ for each diameter inch for trunk at DBH. All trees over
8” in diameter shall be inventoried.
c. The developer shall provide Site Plan Review with a tree preservation plan including
tree protection detail, during construction care (ie mulching, watering), post
construction monitoring and care using the specifications outlined in the ANSI A300
Construction Management Standard Part 5 and the Best Management Practices
Managing Trees During Construction, published by the International Society of
Arboriculture. The tree preservation plan shall show the location of utility work and
the construction work zone where it may conflict with CRZ of preserved trees. Tree
protection fences shall be made of either chain link or wood fence barriers. No plastic
fencing will be allowed.
d. For all city-owned trees, the City Forester will review the plan and make comments
on the proposed protection plan, and submit those comments to Site Plan Review.
For trees in the city right of way, the City Forester will approve the tree protection
plan and issue a tree work permit prior to the issuance of a building permit. The City
Forester may also visit the site during construction to ascertain that the tree
protection plan is being implemented for both trees in the city right of way and trees
on private property.
2. PLANTING SITE SELECTION
a. For the planting of trees in the city right of way, the City Forester shall be consulted
regarding specifications governing tree species selection, size, spacing and method and
location of planting. A tree work permit will be required for this work.
b. As a guideline, street trees should:
not be planted within 20 feet from the corner of intersecting streets
not be planted within 35 feet in front of a stop sign
not be planted within 15 feet from hydrants
not be planted within 15 feet from a utility or street light pole
not be planted within 15 feet of a driveway or curb cut
Large or medium trees which mature at 30 feet or taller shall be spaced no
less than 30 feet apart, unless part of a dense screening planting
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Small trees which mature at 30 feet tall or less shall be spaced no less than 25
feet apart, unless part of a dense screening planting,
See also Ithaca’s Trees “Site Selection for Tree Planting” and Appendix II: Standard
Tree Planting Details “Minimum Spacing for Street Trees”
c. For planting of trees or shrub in the city right of way or on private property, no tree
or shrub is to be planted directly under or in competition with an existing large
tree, or beneath building overhangs.
3. PLANTING SITE CONSTRUCTION AND PREPARATION
a. Where it is practical to have a tree lawn in the city right of way, tree lawns must be no
less than 6 feet wide, but preferably should be 8 to 12 feet wide
b. Tree pits created in the city right of way, which are surrounded by pavement, shall
have a porous opening of at least 50 square feet (e.g. 6 feet by 8 feet, or 8 feet by 8
feet).
c. For all tree plantings, adequate soil volumes will be required based on the tree species
selected. Large or medium trees which mature at 30 feet or taller shall have a
minimum of 760 cubic feet of soil per tree. Small trees that mature at 30 feet tall or
less shall have a minimum of 335 cubic feet of soil per tree. The opportunity for tree
roots to grow into adjacent green space can be used to help satisfy the soil volume
requirement. See also Ithaca’s Trees Appendix II: Standard tree planting details
“Structural soil breakout zone from narrow tree lawn to adjacent property”
d. For planting of trees or shrubs in the city right of way where existing soil is
determined to be unsuitable by the City Forester, suitable soil must be brought to the
site. This imported soil must adhere to Ithaca’s Trees Appendix I: Specifications
“Planting Soils Specification”. This may require replacing continuous lengths of tree
lawn, where areas have had utility installations and/or compaction from construction
vehicles or material storage.
e. For planting of trees or shrub in the city right of way where new tree lawn, tree pits or
new planting areas are constructed, where previously none existed and there is
removal of pavement to create the planting area, the area will be excavated to a depth
of 2 feet and replaced with suitable soil (Ithaca’s Trees Appendix I: Specifications
“Planting Soils Specification”). The width and length of the soil remediation will be
adequate to reach the recommended soil volumes based on the tree species selected
(see above 3. PLANTING SITE CONSTRUCTION AND PREPARATION c.).
This may require complete replacement of tree lawn soil.
f. Depending on site design and soil conditions, structural soil may be required under
sidewalks and in planting areas contiguous to paved areas. The City Forester and/or
the Director shall work with the applicant to determine the need for structural soil, its
depth and extent of its use. See also Ithaca’s Trees Appendix II: “Structural Soil
Break-out Zone from Narrow Tree Lawn to Adjacent Property”, “Typical Tree
Planting Pit with Structural Soil along Sidewalk”, and “Typical Tree Planting Island in
a Parking Lot with Structural Soil”
g. For planting of trees or shrub in the city right of way or on private property, all plants
shall be planted in the appropriate season, generally spring or fall, as decided by the
City Forester.
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4. TREE AND SHRUB SPECIES SELECTION AND QUALITY
a. The City Forester and the Shade Tree Advisory Committee will be given the
opportunity to review and make comments on all plant selections and planting soil
specifications. Use of invasive species should be avoided. Species selection should
consider available soil volume, overhead clearance and specific site conditions. For
further guidance see also Ithaca’s Trees “Tree Selection”
b. For the planting of trees in the city right of way, large trees maturing at a height
greater than 30 feet should be planted in all sites unless there are primary electric
lines overhead or other structural conflicts. Where a conflict exists, trees maturing at
a height of 30 feet or less should be planted.
c. For the planting of trees in the city right of way, adequate soil volume must he
provided based on the tree species selected (also see 3. PLANTING SITE
CONSTRUCTION AND PREPARATION c.)
d. For the planting of trees in the city right of way, when possible, small trees should
have a mature shape and stature so that pedestrians may eventually walk under them.
e. For all tree and shrub plantings, specifications shall adhere to the American Nursery
and Landscape Association ANSI Z60.1 nursery standards. See also Ithaca’s Trees
Appendix I: Specifications “Nursery Stock Quality Guideline Specifications for
Deciduous Street Trees”.
f. For all tree plantings, deciduous trees be at least 1 1/2 inches caliper (diameter at 12
inch above grade) at the time of planting. Size of evergreen trees and shrubs may
vary depending on location and species.
5. PLANTING
a. See also Ithaca’s Trees “Tree Planting”
b. All plant materials shall be installed to the following standards:
All planting beds for shrubs shall to be excavated to a minimum depth of two
feet.
Tree pits in lawn to be excavated to depth of the tree root ball and shall be
three times the width of the root ball in all directions
All trees in lawn areas to receive a 3-inch deep covering of mulch, covering at
least the extent of the root ball. Mulch must remain clear of the trunk of the
tree. See also Ithaca’s Trees Appendix II: Standard tree planting details
“Typical Tree Planting in Ordinary Soil”
B&B trees must have metal cages of the root ball removed prior to planting
and the biodegradable burlap covering the root ball should be pulled down
and removed on at least the top 1/3 of the root ball. The remainder can
remain. If non-biodegradable covering material is used it must be completely
removed from the root ball.
At time of planting the topmost structural root of the root ball should be no
more than a few inches below the finished grade, excess soil should be
removed from the top of the root ball so the trunk flare is clearly visible.
Guying is not generally required for newly planted trees. Any trees that require
guying will be done using nylon straps (or similar) rather than wire in hose.
Guying must be removed after 1-2 years.
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6. MAINTENANCE
a. All newly planted trees should have irrigation bags, which are to be filled weekly
during their first growing season.
b. A two-year guarantee for any tree or shrub is required. Replacement of trees and
shrubs that are dead dying or seriously damaged is required for the first two years
after project completion.
c. The owner shall replace dead, dying and/or seriously damaged plant materials of the
approved site plan, 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 ensure that landscaping remains in
compliance with the final site plan as approved by the Planning and Development
Board.
7. CHANGES TO APPROVED SITE PLAN
a. 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 Director of Planning and Development or designee 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
a. 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. SCREENING OF PARKING AREAS
a. There shall be screening with a minimum eight-foot-wide planting area or fences
between a motor vehicle parking area and adjacent properties and public ways,
except where there is motor vehicle parking that is shared by more than one property
or where commercial properties abut. In such cases the Board may require
landscaping as it deems appropriate.
3. DIVISION OF LONG ROWS OF PARKING SPACES
a. For parking areas with more than 30 adjacent interior parking spaces in a row, the
design must incorporate planting areas so that there are no more than 10 continuous
parking spaces between planting areas.
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4. INTERNAL PLANTINGS
a. In motor vehicle parking areas, a minimum of 25% of the interior ground area (i.e.,
excluding any peripheral planting area) shall be planting areas that include trees with
a potential mature height of at least 50 feet and a caliper of at least 1½ inches at the
time of planting. Interior planting areas shall be a minimum of 80 ft2 of porous
opening with no dimensions being less than 8 ft. The planter shall be curbed with a
minimum 3ft depth of excavation and shall have a minimum available soil volume of
760 ft3 of sandy loam soil (which may include structural soil under adjacent
pavement) allotted to each tree. See also Ithaca’s Trees Appendix I: Specifications
“Soil Volume for Trees Surrounded by Pavement”
5. PERVIOUS PAVING
a. Applicants are encouraged to design parking areas with pervious paving when
feasible. Use of pervious paving in combination with structural soil that is accessible
to tree roots, a practice that supports the health and longevity of tree plantings, is
encouraged. See also Ithaca’s Trees Appendix II: “Typical Tree Planting Island in a
Parking Lot with Structural Soil”.
b. If porous pavement is used in conjunction with tree planting, less interior parking
area may be set aside for open tree planting islands.
May 4, 2017 JEMM
Chapter 210. Housing Standards
Part 1. Residential Premises
Article VII. Residential Rental Units
§ 210-43. Certificate of compliance.
A. All single-family or two-family rental dwellings shall be required to hold a valid certificate of
compliance. Such certificate shall be valid for a period of not more than five years. Before the
expiration of the certificate of compliance, it shall be the responsibility of the owner of the
rental property to schedule a housing inspection with the Building Department in order to
obtain a new certificate of compliance. All rental dwellings with three or more units or rental
dwelling units with five or more unrelated persons shall also be required to hold a valid
certificate of compliance. This certificate of compliance shall be valid for a period of not more
than three years. Prior to the expiration of the certificate of compliance, it shall be the
responsibility of the owner of the rental property to schedule a housing inspection with the
Building Department in order to obtain a new certificate of compliance. All dormitories,
fraternities and sororities shall be required to hold a valid certificate of compliance. Such
certificate shall be valid for a period of not more than one year. Before the expiration of the
certificate of compliance, it shall be the responsibility of the owner of the rental property to
schedule a housing inspection with the Building Department in order to obtain a new
certificate of compliance.
(1). The certificate of compliance shall be displayed in the main entryway of the
rental dwelling, and accessible for all tenants to see. If units do not have a central
entrance, the current certificate of compliance should be posted on the inside of a
kitchen cabinet.
(2). All rental dwelling leases must state whether the rental dwelling has a valid
certificate of compliance, its expiration date, and a current link to the certificate of
compliance database where the certificate of compliance can be verified, which can
currently be found at http://www.zhewiz.com/fmi/webd#CityOfIthacaBuildingList.
B. A certificate of compliance shall be issued upon verification by inspection that no
violations of the Building Code, Energy Code, City of Ithaca Municipal Code, City of Ithaca
Zoning Ordinance,[1] New York State Multiple Residence Law and any other applicable codes
and ordinances exist.
[1] Editor's Note: See Ch. 325, Zoning.
C. Certificates of compliance shall not be issued to:
(1) Any rental unit that is in violation of any applicable City or state code.
(2) Any rental unit located on a property for which there is an outstanding warrant for a
violation of any section of Chapter 178.
(3) Any rental unit which is not in compliance with all orders of the Director of Planning
and Development or designee.
[Amended 6-5-2013 by Ord. No. 2013-15[2]]
[2] Editor's Note: This ordinance provided for an effective date of 1-1-2014.
D. Failure of an owner of any rental unit to hold a valid certificate shall be deemed a violation
of the Housing Code, and such dwelling unit may be ordered by the Director of Planning and
Development or designee to be vacated until the property is brought into compliance with
this chapter.
[Amended 6-5-2013 by Ord. No. 2013-15[3]]
[3] Editor's Note: This ordinance provided for an effective date of 1-1-2014.
May 4, 2017 JEMM
E. Verified over-occupancy will result in the immediate revocation of the certificate of
compliance.
CITY OF ITHACA
108 East Green Street — 3rd Floor Ithaca, New York 14850-5690
DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT
Division of Planning & Economic Development
JOANN CORNISH, DIRECTOR OF PLANNING & ECONOMIC DEVELOPMENT
PHYLLISA A. DeSARNO, DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT
Telephone: Planning & Development – 607-274-6550 Community Development/IURA –
607-274-6559
Email: dgrunder@cityofithaca.org Email: iura@cityofithaca.org
Fax: 607-274-6558 Fax: 607-274-6558
-
To: Planning and Economic Development Committee
From: Jennifer Kusznir, Economic Development Planner
Date: May 5, 2017
Re: Proposal to Amend Chapter 325, Entitled “Zoning,” to Include Definitions for Brew
Pub, Microbrewery, & Tavern, and Amend Allowable Uses in B-2, B-5, & CBD Districts
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.
In November of 2016, staff presented a proposal to add definitions for brew pub, microbrewery and
tavern to the City Code and to add them as allowable uses in certain zones. This proposal was
circulated and discussed again at the January and February Planning Committee meetings. In
response to comments that were received, staff was asked to expand the definition to include
producers of other alcoholic beverages. After internal staff discussions with Deputy Building
Commissioner, Mike Niechwiadowicz, and Zoning Administrator, Gino Leonardi, staff is
recommending that the definitions for brew pub and microbrewery not be expanded to include other
alcoholic beverages. According to building code, producers of beer and wine are classified as low
hazard factory uses. However, distilleries of beverages with higher alcohol contents are classified as
moderate to high hazard because they have a high flammable and combustible risk associated with
the distillation process. Given these risks associated with this activity, it is not recommended to
allow these uses in dense urban locations. Mike Niechwiadowicz will attend the Planning Committee
meeting to answer questions about this proposal.
If you have any concerns or questions regarding any of this information, feel free to contact me at
274-6410.
City of Ithaca
Planning & Economic Development Committee
Wednesday, April 12, 2017 – 6:00 p.m.
Common Council Chambers, City Hall, 108 East Green Street
Minutes
Committee Members Attending: Joseph (Seph) Murtagh, Chair; Josephine
Martell, Cynthia Brock, Rob Gearhart, and
Steve Smith
Committee Members Absent: None
Other Elected Officials Attending: Mayor Svante Myrick (7:35 p.m.)
Staff Attending: JoAnn Cornish, Director, Planning and
Development Department; Jennifer Kusznir,
Senior Planner; Lisa Nicholas, Senior Planner;
Deborah Grunder, Executive Assistant
Others Attending: Karen Baer, Director, Tompkins County Office of
Human Rights
Chair Seph Murtagh called the meeting to order at 6:01 p.m.
1) Call to Order/Agenda Review
No changes were made to the agenda.
2) Special Order of Business
a) Presentation: “Local Enforcement as the New Frontier: Making a Case
for Effective Protection of Human Rights at Home”
Karen Bear, Director, Tompkins County Office of Human Rights, stated they are
very small, efficient office. They work to promote and protect human rights of
Tompkins County residents. They educate and protect. They are involved in
enforcement of rules. People can place their complaints with their office and then
their office forwards them on to the appropriate entity.
Their role is somewhat limited in enforcement. A new local law is being worked on
in the area of fair housing standards. There are nine barriers that people can run
into. Local enforcement is crucial for many reasons. Many municipalities create
their own local laws but sometimes fail to have them approved. Enforcing the laws
at the local level helps the communities. They protect what is really important to
their community and do not have to rely on the federal government for that
enforcement.
Source of Income Protection: There is a current draft being worked on regarding
this to create a framework of what source of income is. Education and outreach is
key. There is a vast amount of laws regarding unlawful discrimination. What has
been found is that some landlords will not rent to an individual based on their
source of income.
The goal of this office is help municipalities educate and enforce the laws that are
on their books.
Alderperson Brock stated she has always had reservations about this whole
voucher process. Those that receive vouchers go through a very complete
evaluation process. Often noted in the rules associated with the voucher process
are if the tenant is arrested, evicted, etc. these often go undocumented because
the authorities don’t do anything about it because it jeopardizes the voucher
holder’s future.
3) Public Comment and Response from Committee Members
Teresa Halpert, 209 S. Geneva Street, spoke on affordable housing. Affordable
housing should be included in all development projects.
Theresa Alt, 206 Eddy Street, she seconds everything that Teresa Halpert said.
The City promotes density, but in doing so they push the employees out of the City
and often across the county line. That requires cars to be used in order to go to
work. More cars, more pollution.
Shari Korthuis, 502 N. Albany Street, spoke on tax abatements. Rather than build
all this new development and offer tax abatements, provide more affordable
housing. Why let the landlords dictate the cost of the rents.
Stephanie Heslop, 175 Woolf Lane, City Circle and the tax abatement process
needs to focus more on the jobs that are created. Minimum wage isn’t enough for
hard work.
Amanda Kirchgessner, 1471 Jacksonville Road, she works at the State Diner but
bought a house out of Ithaca because she cannot afford a house in Ithaca. Don’t
give the City away through the CIITAP program.
Dan Hoffman, 415 Elm Street, spoke on the Southwest Park area. He cautions the
City with the redevelopment of this area. It is the last remaining wetlands in the
City. The wooded portion of this area should remain as is. It shouldn’t be used for
commercial means.
Linda Yannone, 106 ½ E. Lewis Street. It is extremely difficult to find affordable
housing. She was able to obtain housing through her church. In her experience,
she was able to negotiate her housing rent, but not all have such the same
experience. It’s just too expensive to live in Ithaca.
Chair Murtagh thanked all who spoke. He pointed out that CIITAP often is used in
development of different types rather than affordable housing. He feels that
affordable housing is a total different issue and should be dealt with separately.
Alderperson Brock also thanked everyone who spoke.
Alderperson Martell stated that even though the proposed Certificate of
Compliance change doesn’t address the cost of housing it does focus on the safety
and health issues of rental housing.
4) Updates, Announcements, Reports
The site-plan ordinance will be brought back next month when a public
hearing will take place. The proposed changes were circulated with no
comments received to date.
Alderperson Brock reported on the public information sessions regarding the
MLK street changes between Flora Avenue and Taughannock Boulevard.
Alderperson Brock also reported on the Disability Advisory Committee’s
attempt to help alleviate the closing of pedestrian walkways during
construction.
5) Action Items (Voting to send onto Council)
a) Electrical Box Murals
Resolution to Select Artwork for More Boxes: Another Round of Electrical Box Murals
Moved by Alderperson Martell; seconded by Alderperson Gearhart. Passed
unanimously.
Alderperson Brock suggested that maybe other areas in the City should have these
murals done as well.
WHEREAS, the City of Ithaca Public Art Commission (PAC) has been established to,
among other duties, review and advise the Common Council on proposals for the
exhibition and display of public art in the City’s public spaces, and
WHEREAS, in 2010, the PAC created a mural and street art program to beautify blank
walls within the city while providing local artists from all sections of the community an
opportunity to showcase their work, and
WHEREAS, the Board of Public Works approved several locations for future murals and
street art, including municipal electrical boxes throughout the city, by resolution on May
19, 2010, and
WHEREAS, in 2012 the PAC launched a project to beautify 21 municipal electrical boxes
through the creation of mini-murals, and a second round of the project was completed in
2014, and
WHEREAS, due to the success of the first two projects, the PAC initiated a third round of
electrical box murals to be completed in 2016-2017, including the three new electrical
boxes installed on the Commons and six locations around the downtown area, and
WHEREAS, the project will be funded through a grant from the Community Arts
Partnership of Tompkins County and will be budget-neutral to the City, and
WHEREAS, the PAC issued a Request for Proposals earlier this year and distributed 6
proposals for public comment, and
WHEREAS, the PAC reviewed public comment at its meeting on March 23, 2017 and,
after considering the community feedback, voted unanimously to recommend that the
Common Council select the artwork submitted by Anna Adler, Marsha Acerra, and the
Ithaca Youth Bureau; Shera D’Elia; McKayla Macomber; Zuri Sabir; Copper Santiago; and
Richa Sardana to be installed on six electrical boxes in the downtown area; now, therefore,
be it
RESOLVED, that the City of Ithaca Common Council selects the submissions of the
following artists for More Boxes: Another Round of Electrical Box Murals: Anna Adler,
Marsha Acerra, and the Ithaca Youth Bureau; Shera D’Elia; McKayla Macomber; Zuri
Sabir; Copper Santiago; and Richa Sardana (as recommended by the Public Art
Commission and shown in “More Boxes Mural Proposals (2017)”); and be it further
RESOLVED, that the selected artists may proceed with the installation of their murals on
their appointed electrical box upon the execution of an agreement with the City (as
reviewed by the City Attorney).
6) Action Items (Voting to Circulate)
a) Waterfront Plan
Common Council adopted Plan Ithaca as Phase I of the City Comprehensive
Plan in November 2015. The waterfront area was chosen to work on first.
The Waterfront Plan Committee have focused their efforts on the land use
chapter.
Mayor Myrick joined the group at 7:35 p.m.
The committee focused their conversation on the decisions of the Waterfront
Committee. Questions were asked and addressed of each district.
Alderperson Smith moved to circulate; Alderperson Martell seconded it. Carried
unanimously.
The ordinance will be circulated for comment and be brought back to the May
meeting when a public hearing will take place.
Mayor Svante Myrick left the meeting at 8:30 p.m.
PLANNING COMMITTEE:
An Ordinance Amending the Municipal Code of the City Of Ithaca,
Chapter 325, Entitled “Zoning” To Establish New Zoning for the
Waterfront Area
ORDINANCE NO. ____
1. WHEREAS, on September 2, 2015, the Common Council adopted
Plan Ithaca as Phase I of the City Comprehensive Plan, and
2. WHEREAS, this plan identifies the desired future land uses
in the City, as well as areas where development is
anticipated and encouraged, and identifies community goals
and recommendations for the City, and
3. WHEREAS, on August 17, 2015, the City of Ithaca
Comprehensive Plan Committee submitted a written
recommendation to the City that included developing a plan
for the waterfront as a priority for the next phase of the
City’s Comprehensive Plan, and
4. WHEREAS, in November of 2015, the Planning and Economic
Development Committee of the Common Council directed
Planning Staff to begin working on a waterfront
development plan as a part of the next phase for the
Comprehensive Plan, and
5. WHEREAS, on March 2, 2016, the Common Council adopted
legislation establishing a Temporary Mandatory Planned
Unit Development (TMPUD), in order to provide the Common
Council with transitional oversight for potential
development projects in order to ensure that development
in the waterfront study area supports the goals of the
City’s Comprehensive Plan, while the plan for the
waterfront and the associated new zoning could be
established, and
6. WHEREAS, the TMPUD was established for a period of 18
months, during which time the Common Council was charged
with adopting new zoning regulations for the waterfront
area, and
7. WHEREAS, the City Comprehensive Plan identifies the goals
for the Waterfront Mixed Use area as the creation of a
mixed use district, including commercial, and housing,
with an emphasis on uses that create an active waterfront
environment, and
8. WHEREAS, the City Comprehensive Plan further notes that
“new development should protect view sheds and allow
public access to the waterfront, and pedestrian and
bicycle connections should be improved, and reducing the
impacts of parking in new development should be carefully
considered, and
9. WHEREAS, in order to develop recommendations for the plan
and for the zoning, the City established a waterfront
working group made up of 17 members of the public and City
Planning Staff, and
10. WHEREAS, the waterfront working group began meeting in
September of 2016 and in December of 2016 they hosted two
open houses in order to solicit additional input from the
public, and
11. WHEREAS, given the deadline of establishing new zoning
prior to the expiration of the TMPUD in August 2017, the
waterfront working group has focused on completing a land
use section of the plan and making recommendations for
future zoning for the Waterfront Study Area, and
12. WHEREAS, using feedback from the public and goals from
Plan Ithaca the working group has completed the land use
section of the draft plan and has used this section to
make recommendations for changes to the current zoning in
the Waterfront Study Area, now therefore be it
RESOLVED, that the Common Council does hereby adopt the Land Use
Chapter of the Waterfront Plan with the intent that the once the
full Waterfront Plan is completed, this chapter will be inserted
as a part of the plan, and
BE IT NOW ORDAINED AND ENACTED by the Common Council of the City
of Ithaca that Chapter 325 of the City Code be amended as
follows:
Section 1. Chapter 325-3B of the Municipal Code of the City of
Ithaca, entitled “Definitions and Word Usage”, is hereby amended
to add the following new definitions:
LIGHT INDUSTRIAL
Fabrication, processing, manufacturing, converting, and
altering, assembling or other handling of products that:
A. Does not result in1:
(1) Dissemination of noise, vibration, odor, dust,
smoke, detectable gas or fumes or their atmospheric
pollutant beyond the boundaries of the property lines in
which such use is conducted;
(2) Unusual hazard of fire, explosion or other
physical danger to any person, building or vegetation;
(3) Radiation or interference with radio or television
reception beyond the boundary of the property;
(4) A harmful discharge of waste material or any other
means of disposal of waste material other than by
delivery to an authorized, off-site treatment facility;
or
HEAVY INDUSTRIAL
Fabrication, processing, manufacturing, converting,
altering, assembling or other handling of products.
Heavy industrial uses may require outdoor storage of raw
materials and large equipment. Heavy industrial uses may
result in loud noises, vibrations, or odors. These
negative effects must be mitigated, so that the impacts
do not reach beyond the boundaries of the district where
the use is permitted.
HEALTH CARE FACILITY
Health Care Facilities are places that provide health
care services, but are not intended for overnight stay.
Health Care Facilities may include, medical offices,
clinics, outpatient care centers, and urgent care
facilities.
FOOD PRODUCTION FACILITY
Any facility that is used to transform raw ingredients,
by physical or chemical means, into food or other items
meant for human consumption, or for food into other
forms, including the processing and packaging of the
food items. Food Production Facilities may include, but
are not limited to bakeries, brew pubs, coffee roasters,
wineries, food packaging facilities.
Section 2. Section 325-4 of the Municipal Code of the City of
Ithaca, entitled “Establishment of Districts”, is hereby amended
in order to add the following zoning districts:
WE/WFD West End/Waterfront District
CSD Cherry Street District
ND Newman District
MD Market District
Section 325-4 is further amended to delete the following zoning
districts:
M-1 Marine Commercial
WF-1 Waterfront 1
WF-2 Waterfront 2
Section 3. Section 325-8 of the Municipal Code of the City of
Ithaca is hereby amended as follows to establish district
regulations for the new WE/WF District and to amend the District
Regulations Chart as follows:
West End/Waterfront District (WE/WF)
Permitted Primary Uses
1. Any Use Permitted in B-2 Zone, with the exception of
1 and 2 family detached or semi-detached dwellings,
fraternity, sorority or group houses, or dormitories,
or Bed and Breakfast homes-which are not permitted in
the WE-WF District
2. Water Related Light Industrial Uses, including boat
fueling stations
3. Sale, rental, repair or storage, of marine related
recreational equipment such as boats, marine engines,
sails, cabin equipment
4. Parking Garages-Permitted by Special Permit
Specifically Prohibited in the WE/WF District:
Specifically Prohibited: Heavy Industrial Uses, Non
Water Related Light Industrial, 1 and 2 family
detached or semi-detached dwellings, Mobile Homes,
Petroleum Storage, Cemeteries, Casinos, Fueling
Stations, Single Story Self-Storage Facilities, Big
Box Retail, Drive Through Establishments, Large Scale
Breweries, Vehicle Sales and Service, Printing,
Heating, a/c, etc.
Permitted Accessory Uses
1. Any accessory use permitted in the B-2 Zone
2. Boat fueling station
3. Snowmobile sales, service, rental in conjunction with
boat sales, rental or service
4. Parking lot/parking garage
5. Outdoor storage of materials
6. Storage of marine related recreation equipment such
as boats, marine engines, sails, cabin equipment as
it relates to permitted primary uses under zoning
Off Street Parking Requirement
None
Off Street Loading Requirement
None
Minimum Lot Size (SF)
3000
Minimum Width in Feet at Street Line
30
Maximum Building Height
63’
5 Stories
Maximum Percentage of Lot Coverage by Buildings
100%, Except for Required Setbacks
Yard Dimensions
Required Minimum Front Yard- No front yard setback
is required, except as necessary to provide a
minimum 5' sidewalk and an 8' tree lawn
Required Minimum Side Yard- 5’
Required Minimum Other Side Yard- 5’
Required Minimum Rear Yard- For properties located
along the waterfront, there is a minimum setback of
20' from the top of bank. In some areas an
additional setback from the water may be required by
the NYS DEC easement. For properties not located
directly adjacent to the water the minimum rear yard
setback is 10'.
Minimum Building Height
For Water Dependent Uses there is no minimum
building height. For any non-industrial uses
buildings must be a minimum of 2 stories in height
Section 4. Section 325-8 of the Municipal Code of the City of
Ithaca is hereby amended as follows to establish district
regulations for the new Cherry Street District (CSD), and to
amend the District Regulations Chart as follows:
Cherry Street District (CSD)
Permitted Primary Uses
1. Any use permitted in the WE-WF District
2. Light Industrial Uses
3. Large Scale Breweries
4. Food Production
Specifically Prohibited in the CSD:
Specifically Prohibited: Mobile Homes, Petroleum
Storage, Casinos, Fueling Stations, Single Story
Self-Storage Facilities, Big Box Retail, Drive-thru
Establishments, Cemeteries
Permitted Accessory Uses
Any accessory use permitted in the B-2 Zone
Off Street Parking Requirement
None
Off Street Loading Requirement
None
Minimum Lot Size (SF)
3000
Minimum Width in Feet at Street Line
30
Maximum Building Height
63’
5 Stories
Maximum Percentage of Lot Coverage by Buildings
100%, Except for Required Setbacks
Yard Dimensions
Required Minimum Front Yard- No front yard setback
is required, except as necessary to provide a
minimum 5' sidewalk and a preferred 8' tree lawn-
When an 8’ tree lawn is not feasible, the Planning
Board, at their discretion, may reduce the tree lawn
requirement to 5’.
Required Minimum Side Yard- 10’
Required Minimum Other Side Yard- 10’
Required Minimum Rear Yard- For properties located
along the waterfront, there is a minimum setback of
25' from the top of bank. For properties not
located directly adjacent to the water the minimum
rear yard setback is 10'.
Minimum Building Height
For Industrial Uses there is no minimum building
height. For any non-industrial uses buildings must
be a minimum of 2 stories in height
Section 5. Section 325-8 of the Municipal Code of the City of
Ithaca is hereby amended as follows to establish district
regulations for the new Newman District (ND), and to amend the
District Regulations Chart as follows:
Newman District (ND)
Permitted Primary Uses
1. Any Use Permitted in B-1 Zone, with the exception of
1 and 2 Family Detached or Semi-Detached Dwellings,
Fraternity, Sorority, or Dormitories, or Bed and
Breakfast homes, and Funeral Homes, and Banks or
Monetary Institutions, which are not permitted in
the Newman District.
2. Retail store or Service Commercial Facility
3. Restaurants, Fast Food Establishment, Tavern, with
the exception of establishments where food or drink
is intended to be served to or consumed by persons in
automobiles
4. Club, Lodge or Private Social Center
5. Theater, Bowling Alley, Auditorium or Other Similar
Place of Public Assembly
6. Hotel/Motel/Boatel
7. Recreational or Cultural Facilities such as a Park,
Playground, Art Museum, fishing pier, or yacht club
8. Public Recreation
9. Sale, Rental, Repair, or Storage of Marine-related
Recreational Equipment, such as boats, marine
engines, sails, cabin equipment
Permitted Accessory Uses
1. Any accessory use permitted in the WE/WFD Zone,
2. Confectionary, Millinery, dressmaking, and Other
Activities involving Light Hand Fabrication, as well
as sales.
3. Parking Garages
Off Street Parking Requirement
None
Off Street Loading Requirement
None
Minimum Lot Size (SF)
3000
Minimum Width in Feet at Street Line
30
Maximum Building Height
For properties located along the waterfront, the first
12' building facing the water is restricted to have a
maximum building height of 2-3 stories after that the
building may step up to 5' stories. Properties not
located adjacent to the water have a maximum of 5 stories
and 63'
Maximum Percentage of Lot Coverage by Buildings
100%, Except for Required Setbacks
Yard Dimensions
Required Minimum Front Yard- No front yard setback
is required, except as necessary to provide a
minimum 5' sidewalk and a preferred 8' tree lawn.
Required Minimum Side Yard- 5’
Required Minimum Other Side Yard- 5’
Required Minimum Rear Yard- For properties located
along the waterfront, there is a minimum setback of
20' from the top of bank. In some areas additional
setback from the water may be required by the NYS
DEC easement. For properties not located directly
adjacent to the water the minimum rear yard setback
is 10'.
Minimum Building Height
25’
2 Stories
Section 6. Section 325-8 of the Municipal Code of the City of
Ithaca is hereby amended as follows to establish district
regulations for the new Market District (MD), and to amend the
District Regulations Chart as follows:
Market District (MD)
Permitted Primary Uses
1. Any use permitted in the Newman District
2. Health Care facilities
3. B&B Inns
4. Confectionary, Millinery, dressmaking, and Other
Activities involving Light Hand Fabrication, as well
as sales.
5. Food Production Facilities
Permitted Accessory Uses
1. Any accessory use permitted in the ND Zone
2. Drive-Thru Banking Services
3. Parking Garages
Off Street Parking Requirement
None
Off Street Loading Requirement
None
Minimum Lot Size (SF)
3000
Minimum Width in Feet at Street Line
30
Maximum Building Height
For properties located along the waterfront, the first
12' building facing the water is restricted to have a
maximum building height of 2-3 stories after that the
building may step up to 5' stories. Properties not
located adjacent to the water have a maximum of 5 stories
and 63'
Maximum Percentage of Lot Coverage by Buildings
100%, Except for Required Setbacks
Yard Dimensions
Required Minimum Front Yard- No front yard setback
is required, except as necessary to provide a
minimum 5' sidewalk and an 8' tree lawn
Required Minimum Side Yard- 5’
Required Minimum Other Side Yard- 5’
Required Minimum Rear Yard- For properties located
along the waterfront, there is a minimum setback of
20' from the top of bank. In some areas additional
setback from the water may be required by the NYS
DEC easement. For properties not located directly
adjacent to the water the minimum rear yard setback
is 10'.
Minimum Building Height
25’
2 Stories
Section 7. 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 8. 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 9. Effective date. This ordinance shall take effect
immediately and in accordance with law upon publication of
notices as provided in the Ithaca City Charter.
7) Discussion
a) Certificate of Compliance Ordinance (COC)
Alderperson Martell stated that the current ordinance in being reviewed. New
wording may be added to include that COCs must be current before renting and
that this information be made available to potential tenants.
b) Potential Sale of Land in Southwest Park
The purpose of this discussion was to familiarize the committee as to what
exactly is allowed and/or how much surplus land is available to develop or sell.
JoAnn Cornish and Lisa Nicholas walked the committee through the different
maps that show how the site is broken up and how many acres are available for
different areas.
Alderperson Martell stated she has some reservations to develop this site
because of the importance to the community of the undisturbed areas.
Alderperson Gearhart stated we would have to really weigh the benefits of
developing this site.
8) Review and Approval of Minutes
a) March 2017
Moved by Alderperson Smith; seconded by Alderperson Martell. Passed
unanimously.
9) Adjournment
Moved by Alderperson Gearhart ; seconded by Alderperson Smith. Passed
unanimously. The meeting was adjourned at 9:00 p.m.