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HomeMy WebLinkAboutMN-CC-2017-08-02COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 6:00 p.m. August 2, 2017 PRESENT: Mayor Myrick Alderpersons (8) Brock, McGonigal, Nguyen, Fleming, Smith, Kerslick, Martell, Mohlenhoff OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney – Lavine City Controller - Thayer Community Development Director – Bohn Human Resources Director – Michell-Nunn Youth Bureau Director – Klohmann GIAC Director – McBean-Clairborne EXCUSED: Alderpersons (2) Murtagh, Gearhart PLEDGE OF ALLEGIANCE: Mayor Myrick led all present in the Pledge of Allegiance to the American Flag. PROCLAMATIONS/AWARDS: Presentation of City of Ithaca Quarterly Employee Recognition Award Mayor Myrick presented the City of Ithaca Quarterly Employee Recognition Award to GIAC’s “Let's Read Team”. The Let's Read Team is composed of Nagiane Arriaza, Lori Brewington, Rahmel Mack, and Jackie Greene. The Team was nominated for working collaboratively to design a successful reading program model that resulted in a group of 10 participants showing significant improvements in their reading levels in the first five months. SPECIAL PRESENTATIONS BEFORE COUNCIL: 5.1 Presentation of Community Investment Incentive Tax Abatement Program Toolkit (CIITAP) by the City of Ithaca Workforce Diversity Advisory Committee Youth Bureau Director Liz Klohmann, Human Resources Director Schelley Michell- Nunn, and Sue Kittel, representing the City’s Workforce Diversity Advisory Committee, presented a toolkit that was developed to assist developers who apply for tax abatements through the Community Investment Incentive Tax Abatement Program (CIITAP). The toolkit is intended to assist developers meet the program’s requirements for diversity and inclusion. They reviewed the four phases of self-assessment included in the toolkit:  Planning and Preparation  Implementation  Sustainability  Review and Assessment Discussion followed on the floor regarding the use of local labor forces on development projects. It was noted that this toolkit focuses more on general operations vs. construction. Alderperson Brock stated that she appreciates the level of expertise and talent that was brought together through this project. The Workforce Diversity Advisory Committee members expressed their thanks to the City for partnering with them on this project, specifically Chief of Staff Dan Cogan, Alderperson Brock, HR Director Schelley Michell- Nunn, Manager of Organizational Development Leslie Moskowitz, and Community Development Director Nels Bohn. They noted that this toolkit was designed for the City; however Tompkins County and other organizations could benefit from its use too if people are looking for assistance. August 2, 2017 2 PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: The following people addressed Common Council: N. Lin Davidson, Tompkins County Farm Bureau President, and Monika Roth, Cornell Cooperative Extension, responded to statements made in the Resolution adopted by Common Council in June in support of seeking an Amicus Curiae Status in the Matter of Riverkeeper, Inc. et al. v. Basil Seggos and New York Department of Conservation. They stated that the Clean Water Act is available on-line and is followed locally. They stated that there are four farms in the area that could affect the watershed, and noted that the Town of Dryden Agriculture Committee did not vote to support this effort. They further encouraged Council members to reach out and speak with experts on this topic if they have questions. Bob Nobles, City of Ithaca, spoke about property owner responsibilities including trimming trees and bushes so they do not interfere with their neighbor’s property. He urged the City to enforce the applicable laws. Fay Gougakis, City of Ithaca, discussed issues related to crime and public safety on the Commons, vehicular and bicycle safety, abandoned bicycles that are left at popular bike racks, and discrimination. Cesar Flores Martin, Ithaca, spoke in favor of participatory budgeting and allowing community members, including local youth, to vote on expenditures that affect their neighborhoods. Shentai Rivkin, City of Ithaca/Youth Organizing Fellowship, spoke in favor of participatory budgeting and the need to reach out to people in the community who are under-represented. Mary Zichetella and Kathleen Cole, City of Ithaca, discussed her efforts to get a bench, shelter, and traffic calming measures on N. Geneva Street to enhance the safety of the people using the bus stop in front of McGraw House. Joel Harlan, Town of Newfield, voiced his support for economic development, responsible growth, and the need for a convention center. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: Alderperson Nguyen responded to comments made regarding the bus shelter at McGraw House. He explained that McPherson Builders is the contractor who will install the bench and TCAT will install the shelter. The mid-block crosswalk has been approved by the City. He further thanked the Youth Fellows for coming out and sharing their thoughts on participatory budgeting; and agreed that more needs to be done in terms of signage and education regarding bicycle safety. Alderperson Brock thanked Ms. Roth and Mr. Davidson for their comments and noted that she would reach out to them in the future. She clarified that there was a public comment period was not available prior to the 2012 construction of a manure lagoon in Dryden. She further shared the history of a different manure lagoon that failed and disbursed manure into Salmon Creek, and noted the recent algae blooms in the Finger Lakes. She stressed the importance of the health of our lakes and drinking water sources. Alderperson Kerslick thanked the McGraw House residents for their comments. He expressed concerns about the Quarry Street crosswalk, noting that it is dangerous to pedestrians and needs signage and improved street markings. Mayor Myrick announced that $50,000 has been set aside for traffic calming improvements. Forms are available on the City website for people to complete and submit to the Engineering Division. All requests will be reviewed and prioritized at the end of the year for 2018 projects. August 2, 2017 3 PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 9.1 An Ordinance to Amend the City of Ithaca Municipal Code, Chapter 325, Entitled “Zoning,” To Expand the Street Level Active Use Zone A. Declaration of Lead Agency – Resolution By Alderperson Martell: Seconded by Alderperson Brock 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 an “Unlisted” Action pursuant to the City Environmental Quality Review (CEQR) Ordinance, which requires environmental review under CEQR; now, therefore be it RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the proposal to amend the City of Ithaca Municipal Code, Chapter 325, Entitled “Zoning,” To Expand the Requirement for Street Level Active Uses in the downtown area. Carried Unanimously B. Declaration of Environmental Significance – Resolution By Alderperson Martell: Seconded by Alderperson Smith WHEREAS, The Common Council is considering a proposal to amend the Municipal Code of the City Of Ithaca, Chapter 325, Entitled “Zoning,” To Expand the Requirement for Street Level Active Uses in the Downtown Area; and WHEREAS, the appropriate environmental review has been conducted, including the preparation of a Full Environmental Assessment Form (FEAF), dated June 21, 2017; and WHEREAS, the proposed action is a “TYPE I” Action under the City Environmental Quality Review Ordinance; and 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 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 June 21, 2017; and, be it further 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 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. Carried Unanimously C. An Ordinance to Amend the City of Ithaca Municipal Code, Chapter 325, Entitled “Zoning,” To Expand the Street Level Active Use Zone By Alderperson Martell: Seconded by Alderperson Smith ORDINANCE NO. 2017- BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 325, Zoning, be amended as follows: August 2, 2017 4 Section 1. Chapter 325 (“Zoning”), Section 325-8D(3).(“Zoning Regulations-Additional Restriction in the CBD Districts”) of the Municipal Code of the City of Ithaca is hereby amended to read as follows: (3) All properties located in the CBD district that contain a storefront that fronts on the Primary Commons must contain an active use on the street level for that portion of the building that fronts onto the Primary Commons. Additionally, all properties located within the boundaries shown on the map, entitled “Proposed Boundary for Mandatory Street Level Active Use Overlay Zone (SLAUOZ)-July 2017” [that front on the Secondary Commons, as defined in Section 157-3 of the City Code, along with properties fronting on the North side of Green Street between Geneva Street and the Tuning Fork], must also contain active use on the street level for the portions of the building that front onto the street. Non-active uses are prohibited on the storefronts that front onto the street or onto the Primary Commons. Examples of non-active uses include, but are not limited to, any residential uses or commercial activities that have blocked windows. The boundaries of the street level active use zone are shown on the map, entitled “Proposed Boundary For Mandatory Street Level Active Use Overlay Zone-July May 2017” (a) "Active uses" are defined as uses that encourage high levels of pedestrian activity and enliven the streetscape, and create well- lit spaces with ample visibility into the storefront area. Active uses include, but are not limited to, the following: [1] Retail store or service commercial facility. [2] Restaurant, fast-food establishment, or tavern. [3] Theater, bowling alley, auditorium, or other similar public Place of assembly. [4] Hotel. [5] Bank or monetary institution. [6] Confectionary, millinery, dressmaking and other activities Involving light hand fabrication, as well as sales. (b) Additional uses may be permitted if the Planning and Development Board determines them to be an active use and grants special approval for the use. The Planning Board may also grant a special approval of a nonactive use if a property owner is able to show that the physical structure is not easily adaptable to be used as one of the above listed active uses. Section 2. Chapter 325, Section 325-5, Zoning Map of the Municipal Code of the City of Ithaca is hereby amended to create a Street Level Active Use Overlay Zone (SLAUOZ) to include properties located [in the Primary and Secondary Commons, and any properties located on the North Side of Green Street between Albany Street and the Tuning Fork.] Within the boundaries displayed on the map entitled “Proposed Boundary for Mandatory Street Level Active Use Overlay Zone (SLAUOZ)-July 2017”, [“Proposed Boundary for Mandatory Street Level Active Use Zone May 2017”], a copy of which shall be on file in the City Clerk’s office. Section 3. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this ordinance. Section 4. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. Alderperson McGonigal requested that the boundaries be clarified. City Planner Kusznir noted that the boundaries are from South Geneva Street to the Tuning Fork (Seneca Way), to Buffalo Street and includes the Secondary Commons. She further explained that the residential houses on Green Street have been exempted and any buildings within August 2, 2017 5 the district that have first floors that are not conducive for active uses can be exempted by the Planning Board. Alderperson Brock noted that street level use increases vibrancy for pedestrians and vehicle traffic and questioned whether there were similar plans for the Rt. 13 corridor. Alderperson Martell commented that someone raised the same question about the waterfront zone. City Planner Kusznir responded that those plans have not been developed to date. A vote on the Ordinance resulted as follows: Carried Unanimously 9.2 An Ordinance to Amend the City of Ithaca Municipal Code, Chapter 325, Entitled “Zoning” To Establish New Zoning for the Waterfront Area A. Declaration of Lead Agency – Resolution By Alderperson Martell: Seconded by Alderperson Brock 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. Carried Unanimously B. Declaration of Environmental Significance – Resolution By Alderperson Martell: Seconded by Alderperson Kerslick WHEREAS, The Common Council is considering adoption of new zoning for the waterfront area; and WHEREAS, the appropriate environmental review has been conducted, including the preparation of a Full Environmental Assessment Form (FEAF), dated April 17, 2017; and WHEREAS, the proposed action is a “TYPE I” Action under the City Environmental Quality Review Ordinance; and 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 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 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 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. Carried Unanimously August 2, 2017 6 C. An Ordinance to Amend the City of Ithaca Municipal Code, Chapter 325, Entitled “Zoning” To Establish New Zoning for the Waterfront Area By Alderperson Martell: Seconded by Alderperson Smith 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),and 6. Whereas, the intent of the TMPUD was to provide the Common Council with transitional oversight over potential development projects in order 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 7. 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 8. 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 9. 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 10. 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 11. 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 12. Whereas, given the deadline of establishing new zoning prior to the expiration of the TMPUD in September 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 13. 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, and August 2, 2017 7 14. Whereas, the Waterfront Working Group received extensive comments from Form Ithaca, and the group reviewed and incorporated many of these comments. It is recommended that some of the comments, including glazing and building entrance requirements be addressed in design review guidelines, and 15. Whereas, the Waterfront Working Group recommends that the City consider incorporating mandatory design review for all new construction in the waterfront in order to ensure that any new structures are constructed to conform with the common vision throughout the waterfront districts, and further recommends that the City develop Design Guidelines for all of the Waterfront Zoning districts, and 16. Whereas, other comments from Form Ithaca regarding maximum block perimeter and maximum block length were not in this ordinance, but are recognized to be important aspects of defining the future neighborhoods, and 17. Whereas, the Waterfront Working Group recommends that block length and perimeter be considered after the transportation chapter of the Waterfront Area Plan is completed, in order to allow for a future transportation network to be defined and a vision of future block sizes and streetscapes to be developed, and 18. Whereas, the City recognizes the need to further study the transportation issues in this area, and 19. Whereas, the Waterfront Working Group will begin working on a transportation chapter for the Waterfront Plan at their August 11, 2017 meeting and intends to complete the chapter by the end of the year, and 20. Whereas, the transportation chapter of the Waterfront Plan will utilize existing transportation data, public comments, and these proposed zoning rules in order to analyze transportation issues in this area and will make recommendations for improvements, which may or may not include the need for further study or modifications to land use regulations, and 21. Whereas, the group chose not to incorporate the recommended parking location requirement due to the variety of lot sizes and types in the waterfront area, instead, it is the recommendation of the waterfront working group that the City consider the importance of maintaining on street parking in order to reduce the footprints of standalone parking lots, and 22. Whereas, the Waterfront Working Group further recognizes that the recommended zoning may not always account for specific project proposals that may be of a benefit to the community, and therefore recommends that the City consider adopting legislation to allow for Planned Unit Developments in the waterfront districts, and 23. Whereas, the Waterfront Working group will continue to meet until all chapters outlined in Plan Ithaca are analyzed and applied to the Waterfront Plan and future amendments to the zoning may be necessary to reflect the goals and recommendations of that plan; 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 ORDINANCE NO. 2017- 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: August 2, 2017 8 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 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 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, 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 – Permitted Primary uses may be combined in a single building. All new construction must go through a mandatory design review process. 1. Multiple Family dwelling (See § 325-3). 2. Rooming or boarding house. 3. Cooperative household (See § 325-3). August 2, 2017 9 4. Townhouse or garden apartment housing. 5. Nursery school, child day care center, group Adult Day Care. 6. Nursing, convalescent or rest home. 7. Church and related buildings. 8. Public park or playground. 9. Library, fire station 10. Funeral Home or Mortuary 11. Business or professional Office 12. Bed and Breakfast Inns 13. Bank or Monetary Institution 14. Office of Government 15. Public, private or parochial school 16. Neighborhood commercial facility. 17. Retail store or service commercial facility. 18. Restaurant, fast food establishment, tavern. 19. Club, lodge or private social center. 20. Confectionery, millinery, dressmaking and other activities involving light Hand fabrication as well as sales 21. Theater, bowling alley, auditorium or other similar place of public assembly 22. Hotel, motel. 23. Water Related Light Industrial Uses, including boat fueling stations 24. Sale, rental, repair or storage, of marine related recreational equipment Such as boats, marine engines, sails, cabin equipment BY SPECIAL PERMIT OF BOARD OF APPEALS: 1. Redemption Center 2. Public utility structure except office. 3. Parking Garage, with design review. 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, Propane or Petroleum Fuel Storage, Cemeteries, Casinos, Fueling Stations, Single Story stand-alone Self-Storage Facilities and no storage uses of any kind on the ground floor, except as an accessory use, Big Box Retail, Drive Through Establishments, Large Beverage Producers, Motor 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. Dock 6. Outdoor storage of materials 7. 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 1 space, unless an on street loading space is already provided for in the public right of way August 2, 2017 10 Minimum Lot Size (SF) None Minimum Width in Feet at Street Line None Maximum Building Length New structures should be constructed to be no more than 100’ in length. The Planning Board may grant an exception to this rule. A residential structure composed of three or more attached modules with shared sidewalls, the facade of each module measuring no more than 25 feet in length and maintaining a uniform setback from the street line. Modules within a row house may consist of a single dwelling unit or may contain multiple vertically stacked dwelling units. Each module must have one street-facing entry. 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’ in depth 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 of at least 10’ along the waterfront is exempt from the stepback requirement and may have a maximum building height of 63’ and 5 stories. Maximum Percentage of Lot Coverage by Buildings 100%, Except for Required Setbacks Yard Dimensions Required Minimum/Maximum Front Yard Setback- No front yard setback is required, except as necessary to provide a minimum 5' sidewalk and an 8' tree lawn. Buildings may be setback no more than 10’ from the sidewalk. Required Minimum Side Yard- There is a minimum 5’, with the exception of townhouses and row houses, and any other structure that shares a party wall, so long as they do not exceed the maximum allowable building length for the zone Required Minimum Other Side Yard- There is a minimum 5’, with the exception of townhouses and row houses, and any other structure that shares a party wall, so long as they do not exceed the maximum building length August 2, 2017 11 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. On the eastern side of Inlet Island the setback for buildings is 10’ from the water, with the exception of uncovered at-grade structures such as decks, docks, and patios which have no setback from the water. Uncovered structures must maintain visual connectivity to uncovered structures on adjacent lots. Properties that are less than 50’ in depth from the edge of the water are exempt from the 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 Frontage Buildout 60% 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. The first story of any new structure must be 12-15’ in height, measured floor to floor. Each additional story must be 10-12’ in height, measured from floor to floor. Accessory structures of less than 250 SF may be 1 story. As an exception any increase in first floor elevation, as required to comply with flood plain regulations, can be included in the first story minimum height requirement, however the first floor should not be less than 10’ in height measured floor to floor. Additional Restrictions 1. Lookout Point Restrictions a. The first 100 feet south from the northern tip of Inlet Island is to remain a no build area. In addition, in the first 300 feet south from the northern tip of Inlet Island no building may be constructed that is greater than 1 story 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-Permitted primary uses may be combined in a single building. All new construction must go through a mandatory design review process. 1. No residential uses are permitted south of Cecil Malone Drive. For properties located north of Cecil Malone Drive, residential uses are not permitted on the ground floor of any building. 2. Multiple Family dwelling (See § 325-3). 3. Rooming or boarding house. August 2, 2017 12 4. Cooperative household (See § 325-3). 5. Townhouse or garden apartment housing. 6. Nursery school, child day care center, group Adult Day Care. 7. Nursing, convalescent or rest home. 8. Church and related buildings. 9. Public park or playground. 10. Library, fire station 11. Funeral Home or Mortuary 12. Business or professional Office 13. Bed and Breakfast Inns 14. Bank or Monetary Institution 15. Office of Government 16. Public, private or parochial school 17. Neighborhood commercial facility. 18. Retail store or service commercial facility. 19. Restaurant, fast food establishment, tavern. 20. Club, lodge or private social center. 21. Confectionery, millinery, dressmaking and other activities involving light hand fabrication as well as sales. 22. Theater, bowling alley, auditorium or other similar place of public assembly. 23. Hotel, motel. 24. Water Related Light Industrial Uses, including boat fueling stations 25. Sale, rental, repair or storage, of marine related recreational equipment such as boats, marine engines, sails, cabin equipment 26. Light Industrial Uses 27. Food Production Facilities 28. Large Beverage Producers 29. Multi-level storage facilities, no ground floor storage BY SPECIAL PERMIT OF BOARD OF APPEALS: 1. Redemption Center 2. Public utility structure except office. Specifically Prohibited in the CSD: Specifically Prohibited: Mobile Homes, Propane or Petroleum Fuel Storage, Casinos, Fueling Stations, Single Story stand-alone Self- Storage Facilities and no storage uses of any kind on the ground floor, except as an accessory use, Big Box Retail, Drive-thru Establishments, Cemeteries 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. Dock 6. Outdoor storage of materials 7. 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 1 space, unless an on street loading space is already provided for in the public right of way August 2, 2017 13 Minimum Lot Size (SF) None Minimum Width in Feet at Street Line None 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- There is a minimum 10’ side yard setback, with the exception of townhouses and row houses, and any other structure that shares a party wall, so long as they do not exceed the maximum allowable building length for the zone. Required Minimum Other Side Yard- There is a minimum 10’ side yard setback, with the exception of townhouses and row houses, and any other structure that shares a party wall, so long as they do not exceed the maximum building length 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, including beverage producers and food production facilities, there is no minimum building height. For any non-industrial uses buildings must be a minimum of 2 stories in height. The first story of any new structure must be 12-15’ in height, measured floor to floor. Each additional story must be 10-12’ in height, measured from floor to floor. As an exception any increase in first floor elevation, as required to comply with flood plain regulations, can be included in the first story minimum height requirement, however the first floor should not be less than 10’ in height measured floor to floor. Accessory structures of less than 250 SF may be 1 story. 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-Permitted primary uses may be combined in a single building. All new construction must go through a mandatory design review process. 1. Multiple Family dwelling (See § 325-3). 2. Rooming or boarding house. 3. Cooperative household (See § 325-3). 4. Townhouse or garden apartment housing. 5. Nursery school, child day care center, group Adult Day Care. 6. Nursing, convalescent or rest home. 7. Church and related buildings. 8. Public park or playground. August 2, 2017 14 9. Library, fire station 10. Funeral Home or Mortuary 11. Business or professional Office 12. Bed and Breakfast Inns 13. Bank or Monetary Institution 14. Office of Government 15. Public, private or parochial school 16. Neighborhood commercial facility 17. Retail store or Service Commercial Facility 18. 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 19. Club, Lodge or Private Social Center 20. Theater, Bowling Alley, Auditorium or Other Similar Place of Public Assembly 21. Hotel/Motel/Boatel 22. Recreational or Cultural Facilities such as a Park, Playground, Art Museum, fishing pier, or yacht club 23. Public Recreation 24. Sale, Rental, Repair, or Storage of Marine-related Recreational Equipment, such as boats, marine engines, sails, cabin equipment, and boat fueling 25. Community Gardens 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 4. Dock Off Street Parking Requirement None Off Street Loading Requirement None Minimum Lot Size (SF) None Minimum Width in Feet at Street Line None Maximum Building Height For properties located along the waterfront, the first 12'in depth of 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 height 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- There is a minimum 5’ side yard setback, with the exception of townhouses and row houses, and any other structure that shares a party wall, so long as they do not exceed the maximum allowable building length for the zone. August 2, 2017 15 Required Minimum Other Side Yard- There is a minimum 5’ side yard setback, with the exception of townhouses and row houses, and any other structure that shares a party wall, so long as they do not exceed the maximum allowable building length for the zone. 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 All new construction must be a minimum of 25’in height and 2 stories. The first story of any new structure must be 12-15’ in height, measured floor to floor. Each additional story must be 10-12’ in height, measured from floor to floor. As an exception any increase in first floor elevation, as required to comply with flood plain regulations, can be included in the first story minimum height requirement, however the first floor should not be less than 10’ in height measured floor to floor. Accessory structures of less than 250 SF may be 1 story. 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-Permitted primary uses may be combined in a single building. All new construction must go through a mandatory design review process. 1. Multiple Family dwelling (See § 325-3). 2. Rooming or boarding house. 3. Cooperative household (See § 325-3). 4. Townhouse or garden apartment housing. 5. Nursery school, child day care center, group Adult Day Care. 6. Nursing, convalescent or rest home. 7. Church and related buildings. 8. Public park or playground. 9. Library, fire station 10. Funeral Home or Mortuary 11. Business or professional Office 12. Bed and Breakfast Inns 13. Bank or Monetary Institution 14. Office of Government 15. Public, private or parochial school 16. Neighborhood commercial facility 17. Retail store or Service Commercial Facility 18. Restaurants, Tavern, Fast Food Establishment, with the exception of establishments where food or drink is intended to be served to or consumed by persons in automobiles 19. Club, Lodge or Private Social Center 20. Theater, Bowling Alley, Auditorium or Other Similar Place of Public Assembly 21. Hotel/Motel/Boatel 22. Recreational or Cultural Facilities such as a Park, Playground, Art Museum, fishing pier, or yacht club 23. Public Recreation 24. Sale, Rental, Repair, or Storage of Marine-related Recreational Equipment, such as boats, marine engines, 25. Health Care facilities 26. Confectionary, Millinery, dressmaking, and Other Activities involving August 2, 2017 16 Light Hand Fabrication, as well as sales. 27. Food Production Facilities 28. Community Gardens Permitted Accessory Uses 1. Any accessory use permitted in the ND Zone 2. Drive-Thru Banking Services 3. Parking Garages 4. Dock Off Street Parking Requirement None Off Street Loading Requirement None Minimum Lot Size (SF) None Minimum Width in Feet at Street Line None Maximum Building Height For properties located along the waterfront, the first 12'in depth of 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 height 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- There is a minimum 5’ side yard setback, with the exception of townhouses and row houses, and any other structure that shares a party wall, so long as they do not exceed the maximum allowable building length for the zone. Required Minimum Other Side Yard- There is a minimum 5’ side yard setback, with the exception of townhouses and row houses, and any other structure that shares a party wall, so long as they do not exceed the maximum allowable building length for the zone. 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 All new construction must be a minimum of 25’in height and 2 stories. The first story of any new structure must be 12-15’ in height, measured floor to floor. Each additional story must be 10-12’ in height, measured from floor to floor. As an exception any increase in first floor elevation, as required to comply with flood plain regulations, can be included in the first story minimum height requirement, however the first floor should not be less than 10’ in height measured floor to floor. Accessory structures of less than 250 SF may be 1 story. August 2, 2017 17 Section 7. Section 325-8 of the Municipal Code of the City of Ithaca is hereby amended to adjust the boundary of the Adult Use Overlay Zone in order to remove the newly established Market District from the overlay zone. The boundary of the Adult Use Overlay Zone is hereby established as shown on the map, entitled “Adult Use Overlay Zone - 2017” Section 8. 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 9. 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 10. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. Alderperson Martell thanked Planning and Development Director JoAnn Cornish and City Planner Jennifer Kusznir for the enormous amount of work that was completed on this legislation. She noted that there are a lot of issues that have not been addressed in the zoning regulations at this point but there will be continued discussion on them. Alderperson McGonigal commented that this was the most important issue that he’s worked on during his tenure on Common Council. He noted that no one got everything they wanted but he enjoyed learning more about everyone’s perspective and it became a stronger document as a result. He stated that he would like to change the incentive option on Inlet Island for properties that provide a public walkway of at least 10’ along the waterfront as it doesn’t expand the walkway space from the water. He felt that the City should require that the walkway be made wider than 10 feet. Alderperson Kerslick voiced his agreement and noted that he was not convinced that the incentive is worthwhile. Alderperson Brock stated that she thinks the setback should be required for the entire area all the way to Six Mile Creek, from Titus Flats to the waterway, noting that she would eventually like to see these areas connected to the Cayuga Waterfront Trail. City Planner Kusznir responded that the area was never envisioned to be a continuation of the trail as there isn’t enough room to accommodate it. She noted that this incentive would only apply to the east side of Inlet Island and was designed to incentivize waterfront access points. Alderperson McGonigal acknowledged that the idea was to encourage public access to the water but the problem is that there are infrastructure obstructions that should be accounted for and he believes that any public space by the water should be wider than 10 feet. Amending Resolution: By Alderperson McGonigal: Seconded by Alderperson Kerslick RESOLVED, That the waterfront setback incentive and image be removed from the Ordinance. Carried Unanimously Discussion followed on the floor regarding the potential impacts of prohibiting fueling/gas stations in the zone (existing businesses are grandfathered) and the elimination of the ability to build a single family house on the affected areas of Seneca Street. Planning and Development Director Cornish noted that having fuel near the water is never a good idea due to the risk of spills, and is not a good use of waterfront land. She further stated that she doesn’t believe that single family homes are fiscally feasible or a good use of the land in that area, noting that a multiple housing unit would be a better use. City Planner Kusznir stated that she heard a lot of public comment about the August 2, 2017 18 exclusivity of waterfront property and commented that single family homes are more exclusive. Alderperson Brock voiced her concerns about the West End waterfront zoning, specifically the combination of light industrial (boat repair & fueling) and residential uses. Alderperson Fleming questioned why is boat fueling was allowed but not car fueling. Mayor Myrick responded that there are better places for car fueling than waterfront property but the boats are in the water and need fueling. Planning and Development Director Cornish noted that there is only one boat fueling station on this end of the lake and if it leaves, the associated economic activity would go with it. Alderperson Brock proposed separating out items 23 and 24 from the statement that all primary uses may be combined into a single facility. City Planner Kusznir responded that combined use buildings are allowed within zoning; however, the building code has precedence over zoning and some activities would be prohibited by the building code. Discussion followed regarding the requirement of special permissions by the Planning Board. Am ending Resolution: By Alderperson Brock: Seconded by Alderperson McGonigal RESOLVED, That the statement under Permitted Primary Uses: “Permitted primary uses may be combined in a single building” be removed from the district regulations. Ayes (3) Brock, McGonigal, Fleming Nays (5) Nguyen, Kerslick, Smith, Mohlenhoff, Martell Failed Alderperson Brock voiced additional concerns regarding the minimum amount of street frontage, maximum building length, and the Special Joint Committee’s concerns regarding development near the Wastewater Treatment Plant. Am ending Resolution By Alderperson Brock: Seconded by Alderperson Kerslick RESOLVED, That the following Whereas Clause be added to the Ordinance: “WHEREAS, The City recognizes the importance of the Ithaca Area Waste Water Treatment Plant (IAWWTP) to the economic vitality and environmental protection of the region, and supports the future inclusion into the Waterfront Zone of disclosure requirements for properties surrounding the IAWWTP to protect the facility from nuisance claims, and” City Attorney Lavine clarified the difference between “protect from” vs. “immunize the facility from” nuisance claims. He noted that this action does not mean that there could not be nuisance claims, it just makes it harder to file them. A vote on the Amending Resolution resulted as follows: Carried Unanimously Discussion followed on the floor regarding whether car “stores” would be considered a retail space and be viable within this zone. City Planner Kusznir responded, yes, virtual stores would count as a retail store but could be subject to interpretation. Alderperson Kerslick questioned why Cherry Street was the only district that had a minimum front yard requirement of a 5-8 ft tree lawn. Planning and Development Director Cornish responded that there is less space in the Cherry Street District so they may not be able to have a full-sized tree lawn. Further discussion followed on the floor regarding the addition of community gardens to the Newman district given its past industrial uses and potential contamination. Planning and Development Director Cornish explained that community gardens are allowed in the city by special permit. August 2, 2017 19 Am ending Resolution: By Alderperson Brock: Seconded by RESOLVED, That community gardens be removed as a primary use. The motion Failed for the lack of a Second. Alderperson Kerslick noted that all new construction in each zone requires design review. Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Carried Unanimously Mayor Myrick stated that the previous Comprehensive Plan was adopted in the 1970’s, and turning the new Comprehensive Plan into a living document has been yeoman’s work. He highlighted the great work that the Planning Division has done, and continues to do, with the development of neighborhood plans, and expressed his congratulations on this latest addition. 9.3 Approval of Second Amendment to the HUD Entitlement Citizen Participation Plan - Resolution By Alderperson Martell: Seconded by Alderperson Kerslick WHEREAS, the Citizen Participation Plan establishes the City of Ithaca’s procedures for involving the public in development and implementation of the HUD Entitlement Program; and WHEREAS, grantees of HUD Entitlement funding have a statutory obligation to affirmatively further fair housing, but the statute did not establish clear guidelines for grantees; and WHEREAS, in 2015, the U.S. Department of Housing and Urban Development (HUD) adopted a Affirmatively Furthering Fair Housing rule in 2015 that revised the process for grantees to assess fair housing issues and promote fair housing choice; and WHEREAS, Ithaca is now required to submit an Assessment of Fair Housing to HUD every five years that incorporates a specific consultation and citizen participation process; and WHEREAS, at their June 21, 2017 meeting the Ithaca URA recommended adoption of the 2nd amendment to the HUD Entitlement Citizen Participation Plan, dated June 9, 2017, to comply with the Affirmatively Furthering Fair Housing rule; now, therefore be it RESOLVED, That the Common Council of the City of Ithaca hereby adopts the attached 2nd amendment to the HUD Entitlement Citizen Participation Plan, dated June 9, 2017. Carried Unanimously 9.4 Resolution to Select Artwork for a Mural Installation on the Dryden Road Parking Garage By Alderperson Martell: Seconded by Alderperson Kerslick WHEREAS, the City of Ithaca Public Art Commission (PAC) was 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, Plan Ithaca, the City’s comprehensive plan, identifies public art as an important cultural resource that contributes to quality of life and economic vitality and calls for the City’s continued support of public art (see Cultural Resources); and August 2, 2017 20 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 the Dryden Road Parking Garage in July 2014; and WHEREAS, Mary Beth Ihnken has submit her proposal for a mural titled “Sky” to be installed on the exterior of the west façade of the Dryden Road Parking Garage; and WHEREAS, the PAC held a public comment period on the mural design and location at its meeting on April 27, 2017 to gather input on the proposed installation, and most of the responses to the proposal have been positive; and WHEREAS, the mural will be funded through the Community Arts Partnership’s Public Art Grant, and the installation will be budget-neutral to the City; and WHEREAS, at its meeting on April 27, 2017, the Public Art Commission voted to recommend that the Common Council approve Mary Beth Ihnken’s mural to be installed on the Dryden Road Parking Garage; now, therefore be it RESOLVED, That the City of Ithaca Common Council selects Mary Beth Ihnken’s mural “Sky,” as recommended by the Public Art Commission, to be installed on the exterior of the west façade of the Dryden Road Parking Garage and to be added to the City of Ithaca’s public art collection; and, be it further RESOLVED, That the selected artist may proceed with the installation of the mural upon the execution of an agreement with the City as reviewed by the City Attorney. Carried Unanimously CITY ADMINISTRATION COMMITTEE: Alderperson Mohlenhoff reported that the first budget meeting would be held on August 30, 2017 and would include a special presentation by Department of Public Information and Technology. She further reported that a draft of the Rules of Procedure Manual for the new commissions will be included in the August City Administration Committee agenda. A preview of the new committee/commission application process will be presented at the September City Administration Committee meeting. MAYOR’S APPOINTMENTS: 14.1 Appointment to the Ithaca Housing Authority Board – Resolution By Alderperson Smith: Seconded by Alderperson Kerslick RESOLVED, That Kelly Barclay be appointed to the Ithaca Housing Authority Board to fill a vacancy with a term to expire October 17, 2022, and be it further 14.2 Appointment to Building Code Board of Appeals – Resolution RESOLVED, That Ernie Bayles be appointed to the Building Code Board of Appeals to fill a vacancy with a term to expire December 31, 2018. Carried Unanimously REPORTS OF COMMON COUNCIL LIAISONS: Workforce Diversity Advisory Committee: Alderperson Brock reported that the WDAC is working on a Fragrance Free policy. Parks Commission: Alderperson Brock reported on the Waterfront Parks Master Plan public input session that was held at the Tompkins County Public Library. She noted that they are looking at various funding sources to implement the Plan. Natural Areas Committee: August 2, 2017 21 Alderperson Martell stated that the NAC is discussing the growing deer population in the City and may bring forth a policy. She further reported that the NAC supports the installation of a gate at Ezra’s Tunnel. MINUTES FROM PREVIOUS MEETINGS: 18.1 Approval of the July 5, 2017 Common Council Meeting Minutes – Resolution By Alderperson Brock: Seconded by Alderperson Smith RESOLVED, That the minutes of the July 5, 2017 Common Council meeting be approved as corrected. Carried Unanimously Alderperson McGonigal thanked Alderperson Martell for her years of outstanding service to the City. Alderperson Kerslick thanked Alderperson Martell for her expertise and dedication to working on legislation affecting geese, chickens & other birds. Alderperson Mohlenhoff noted that Alderperson Martell hasn’t officially resigned yet, and that something will be planned when that happens. Mayor Myrick commented that Alderperson Martell was relentless inside City Hall and always took her constituents and their issues seriously. He stated that she was one of the best who has served in this capacity. Alderperson Brock questioned what process would be followed to fill the impending vacancy on Common Council. City Attorney Lavine responded that the Common Council Rules of Procedure would be followed including the appointment of a selection committee to fill the seat until the end of the year. The vacancy will go to the general election in November to fill the remainder of the term. Alderperson Martell noted that three people have expressed interest in filling the position. Alderperson Brock reiterated her concerns regarding filling a vacancy with a candidate who is running for the seat as it creates a difficult situation for all involved. ADJOURNMENT: On a motion the meeting adjourned at 8:40 p.m. ______________________________ _______________________________ Julie Conley Holcomb, CMC Svante L. Myrick City Clerk Mayor