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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 on G 1 7 4948 Sub cribed and.sworAbeSore olk CL 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. 5/8/20175/4/20174/25/2017  1 | Page 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 5/8/20175/4/20174/25/2017  2 | Page 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 5/8/20175/4/20174/25/2017  3 | Page 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 Formatted: Highlight Formatted: Highlight 5/8/20175/4/20174/25/2017  4 | Page 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 5/8/20175/4/20174/25/2017  5 | Page 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 Formatted: Highlight Formatted: Normal, Right: 0" Formatted: Font: (Default) Arial, Highlight Formatted: Underline, Highlight Formatted: Highlight Formatted: Indent: First line: 0" 5/8/20175/4/20174/25/2017  6 | Page 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 J:\GROUPS\Planning and Econ Dev Committee\2017 Planning and Economic Development Committee\05 May\16 - SPRO Resolution for Ordinance Revisions.doc Page 1 of 6 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” 5/8/2017 J:\GROUPS\Planning and Econ Dev Committee\2017 Planning and Economic Development Committee\05 May\16 - SPRO Resolution for Ordinance Revisions.doc Page 2 of 6 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 5/8/2017 J:\GROUPS\Planning and Econ Dev Committee\2017 Planning and Economic Development Committee\05 May\16 - SPRO Resolution for Ordinance Revisions.doc Page 3 of 6  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. 5/8/2017 J:\GROUPS\Planning and Econ Dev Committee\2017 Planning and Economic Development Committee\05 May\16 - SPRO Resolution for Ordinance Revisions.doc Page 4 of 6 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. 5/8/2017 J:\GROUPS\Planning and Econ Dev Committee\2017 Planning and Economic Development Committee\05 May\16 - SPRO Resolution for Ordinance Revisions.doc Page 5 of 6 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. 5/8/2017 J:\GROUPS\Planning and Econ Dev Committee\2017 Planning and Economic Development Committee\05 May\16 - SPRO Resolution for Ordinance Revisions.doc Page 6 of 6 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.