HomeMy WebLinkAbout01-10-18 Planning and Economic Development Committee Meeting AgendaPEDC Meeting
Planning and Economic Development Committee
Ithaca Common Council
DATE: January 10, 2018
TIME: 6:00 pm
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 – Parks and Recreation Master Plan
b) Public Hearing – Planned Unit Development Overlay
District
c) Presentation – Green Building Policy
3) Public Comment
4) Announcements, Updates, and Reports
5) Action Items (Voting to Send on to Council)
a) Planned Unit Development Overlay District
6) Action Items (Voting to Circulate)
a) Planning Board – Special Permits (sent under separate
cover)
7) Discussion
a) Parks and Recreation Master Plan
http://www.cityofithaca.org/618/Parks-Recreation-Master-
Plan
8) Executive Session to Discuss Possible Acquisition of Real
Property
9) Review and Approval of Minutes
a) December 2017
10) Adjournment
No
No
Yes
No
No
No
Yes
Yes
No
Yes
Yes
Yes
Seph Murtagh, Chair
Nick Goldsmith, Sustainability
Coordinator
Jennifer Kusznir, Senior Planner
JoAnn Cornish, Planning Director
Megan Wilson, Senior Planner
6:00
6:05
6:15
6:25
6:50
7:00
7:05
7:30
7:45
8:15
8:30
8:35
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, January 9th, 2018.
[Type here]
To: Planning and Economic Development Committee
From: Jennifer Kusznir, Economic Development Planner
Date: January 4, 2018
Re: Proposal to Establish a Planned Unit Development Overlay District
The purpose of this memo is to provide information regarding a proposal to establish a Planned Unit
Development Overlay District (PUDOD) as shown on the enclosed map.
As was previously discussed at the December Planning Committee meeting, the City currently only
permits PUD applications for properties zoned industrial. Staff is recommending expanding this
legislation to allow for proposals in areas of the City where additional development is anticipated,
with the exception of areas where established 1 and 2 family neighborhoods exist.
At last month’s meeting staff was directed to circulate the ordinance for comments. At the request of
the Committee an environmental review of this action has been completed, and the draft Full
Environmental Assessment Form and ordinance are enclosed. The proposed ordinance and
environmental assessment have been circulated to the City Planning Board, the Conservation
Advisory Council, the Tompkins County Planning Department and various other City staff and
departments. Enclosed are the comments that were received. Also enclosed for your consideration is
a resolution establishing lead agency for this action and a resolution for environmental significance.
If you have any concerns or questions regarding any of this information, feel free to contact me at
274-6410.
CITY OF ITHACA
108 E. Green St. — Third Floor Ithaca, NY 14850-5690
JoAnn Cornish, Director
DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT
Division of Planning & Economic Development
Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6565
E-Mail: dgrunder@cityofithaca.org
j:\groups\planning and econ dev committee\2018 planning and economic development committee\january\3 - 2018-
pud lead agency.01-04.doc
Draft Resolution
1/4/18
An Ordinance to Amend the City of Ithaca Municipal Code, Chapter
325, Entitled “Zoning,” Article IV, Section 325-12, in Order to
Expand the Area Permitted for Planned Unit Developments By
Creating a Planned Unit Development Overlay District (PUDOD) –
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 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 proposed amendments to Chapter 325, Entitled “Zoning,” in
order to expand the area permitted for planned unit developments
by creating a Planned Unit Development Overlay District (PUDOD).
j:\groups\planning and econ dev committee\2018 planning and economic development committee\january\4
- 2018-pud-negdec.01-04.doc
Draft Resolution
1/4/18
An Ordinance to Amend the City of Ithaca Municipal Code,
Chapter 325, Entitled “Zoning,” Article IV, Section 325-12,
in Order to Expand the Area Permitted for Planned Unit
Developments By Creating a Planned Unit Development Overlay
District (PUDOD) – Declaration of Environmental Significance
1. WHEREAS, The Common Council is considering a proposal
to expand the area permitted for planned unit
developments by creating a Planned Unit Development
Overlay District (PUDOD), and
2. WHEREAS, the appropriate environmental review has been
conducted, including the preparation of a Full
Environmental Assessment Form (FEAF), dated June 3,
2014
3. WHEREAS, the proposed action is an “unlisted” 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 May 6, 2014, 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.
CITY OF ITHACA
FULL ENVIRONMENTAL ASSESSMENT FORM (FEAF)
Purpose: The Full Environmental Assessment Form (FEAF) is designed to help applicants and agencies determine, in an orderly
manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to
answer. Frequently there are aspects of a proposed action that are subjective or immeasurable. It is also understood that those who
determine significance may have little or no formal knowledge of the environment or may not be aware of the broader concerns
affecting the question of significance.
The FEAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been
orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action.
FEAF Components:
Part 1: Provide objective data and information about a given action and its site. By identifying basic project data, it assists in
a review of the analysis that takes place in Parts 2 and 3.
Part 2: Focus on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to
whether an impact is likely to be considered small to moderate or whether it is a potentially large impact. The form
also identifies whether an impact can be mitigated or reduced.
Part 3: If any impact in Part 2 is identified as potentially large, then Part 3 is used to evaluate whether or not the impact is
actually important.
THIS AREA IS FOR LEAD AGENCY USE ONLY
DETERMINATION OF SIGNIFICANCE—TYPE I AND UNLISTED ACTIONS
Identify the Portions of FEAF completed for this action: Part 1 Part 2 Part 3
Upon review of the information recorded on this FEAF (Parts, 2, and 3, if appropriate), and any other supporting information, and
considering both the magnitude and importance of each impact, it is reasonably determined by the Lead Agency that:
A. The Proposed Action will not result in any large and important impact(s) an is one that will not have a significant impact
on the environment; therefore, A NEGATIVE DECLARATION WILL BE PREPARED.
B. Although the proposed action could have a significant impact on the environment, there will not be a significant effect
for this Unlisted Action because the mitigation measures described in PART 3 have been required; therefore, A
CONDITIONED NEGATIVE DECLARATION WILL BE PREPARED. *
C. The proposed action may result in one or more large and important impacts that may have a significant impact on the
environment; therefore, A POSITIVE DECLARATION WILL BE PREPARED.
*A Conditioned Negative Declaration is only valid for Unlisted Actions
Name of Action: Proposal to Create Planned Unit Development (PUD) Floating Zone District
Name of Lead Agency: City of Ithaca
Name & Title of Responsible Officer in Lead Agency: Mayor Svante Myrick
Signature of Responsible Officer in Lead Agency:
Name & Title of Preparer: Jennifer Kusznir, Economic Development Planner
Signature of Preparer:
Date: December 19, 2017
Page 2
FULL ENVIRONMENTAL ASSESSMENT FORM (FEAF)
PART 1—PROJECT INFORMATION
NOTICE: This document is designed to assist in determining whether the action proposed may have a
significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these
questions will be considered as 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 Full Environmental Assessment Form (FEAF) will be dependent 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: Proposal to Create Planned Unit Development (PUD) Overlay Zoning District
Location of Action: City of Ithaca
Name of Applicant/Sponsor: City of Ithaca
Address: 108 E. Green St. (City Hall)
City/Town/Village: Ithaca State: NY ZIP: 14850
Business Phone: 607-274-6550
Name of Owner(if different): n/a
Address: n/a
City/Town/Village: n/a State: n/a ZIP: n/a
Business Phone: n/a
Description of Action:
Proposal to Create Planned Unit Development Overlay District (PUDOD)
The proposed PUDOD will allow the Common Council to establish a PUD on any parcels located
within the boundaries of the PUDOD. The purpose of the PUD is to encourage and allow more
creative and imaginative design of land development than is possible under standard zoning district
regulations. A PUD allows for flexibility in planning and design, while, through the process of
review, discussion, and law change, ensures efficient investment in public improvements, a more
suitable environment, and protection of community interest.
Page 3
Please Complete Each Question (indicate N/A, if not applicable):
A. SITE DESCRIPTION
Physical setting of overall project, both developed and undeveloped areas.
1. Present Land Use: X Urban Industrial Commercial Public Forest
Agricultural Other:
2. Total area of project area: (Chosen units apply to following section also)
Approximate Area (Units in question 2 apply to this section) Currently After Completion
2a. Meadow or Brushland (non-agricultural)
2b. Forested
2c. Agricultural
2d. Wetland [as per Articles 24 of Environmental Conservation Law (ECL)]
2e. Water Surface Area
2f. Public
2g. Water Surface Area
2h. Unvegetated (rock, earth or fill)
2i. Roads, buildings and other paved surfaces ~850 acres. ~850 acres
2j. Other (indicate type)
3a. What is predominant soil type(s) on project site (e.g. HdB, silty loam, etc.): n/a
3b. Soil Drainage: n/a Well-Drained ______% of Site
Moderately Well Drained ______% of Site
Poorly Drained ______% of Site
4a. Are there bedrock outcroppings on project site? Yes No X N/A
4b. What is depth of bedrock? n/a (feet)
4c. What is depth to the water table? n/a (feet)
5. Approximate percentage of proposed project site
with slopes: n/a
0-10% % 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 X N/A
6b. Or designated a local landmark or in a local
landmark district?
Yes No X N/A
7. Do hunting or fishing opportunities presently
exist in the project area? Yes No X N/A If yes, identify each species:
Page 4
SITE DESCRIPTION (concluded)
8. Does project site contain any species of plant or
animal life that is identified as threatened or
endangered?
Yes No X N/A According to:
Identify each Species:
9. Are there any unique or unusual landforms on the
project site? (i.e., cliffs, other geological
formations)
Yes No X N/A Describe:
10. Is the project site presently used by the
community or neighborhood as an open space or
recreation area?
Yes No X N/A If yes, explain:
11. Does the present site offer or include scenic views
known to be important to the community?
Yes No X N/A Describe:
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 X N/A Describe:
13. Streams within or contiguous to project area: a. Names of stream or name of river to which it is a
tributary: N/A
14. Lakes, ponds, wetland areas within or contiguous
to project area: n/a
a. Name:
b. Size (in acres):
15. Has the site been used for land disposal of solid
or hazardous wastes?
Yes No X N/A Describe:
16. Is the 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 X N/A
Yes No X N/A
Yes No X N/A
B. PROJECT DESCRIPTION
1. Physical dimensions and scale of project (fill in dimensions as appropriate)
1a. Total contiguous area owned by project sponsor in acres: N/A
1b. Project acreage developed: ~850 acres initially ~850 acres. ultimately
1c. Project acreage to remain undeveloped: N/A
1d. Length of project in miles: (if appropriate) N/A or feet: N/A
1e. If project is an expansion, indicate percent of change proposed: N/A
1f. Number of off-street parking spaces existing: N/A proposed: N/A
1g.Maximum vehicular trips generated (upon completion of project) per day: N/A and per hour: N/A
1h. Height of tallest proposed structure: feet. N/A
1j. Linear feet of frontage along a public street or thoroughfare that the project will occupy? N/A
2. Specify what type of natural material (i.e. rock, earth, etc.) and how much will be removed from the site:
N/A or added to the site: N/A
3. Specify what type of vegetation (trees, shrubs, ground cover) and how much will be removed from the site:
Page 5
acres: N/A type of vegetation: N/A
4. Will any mature trees or other locally important vegetation be removed by this project? N/A
5. Are there any plans for re-vegetation to replace that removed during construction? N/A
6. If single phase project, anticipated period of construction N/Amonths, (including demolition)
7. If multi-phased project, anticipated period of construction N/A months, (including demolition)
7a. Total number of phases anticipated: N/A
7b. Anticipated date of commencement for first phase N/A month N/A year (including demolition)
7c. Approximate completion date of final phase N/A month N/A year.
7d. Is phase one financially dependent on subsequent phases? Yes No X N/A
8. Will blasting occur during construction? Yes No X N/A; if yes, explain:
9. Number of jobs generated: during construction 0 after project is completed 0
10. Number of jobs eliminated by this project: 0 Explain:
11. Will project require relocation of any projects or facilities? Yes X No N/A; if yes, explain:
12a. Is surface or subsurface liquid waste disposal involved? Yes X No N/A; if yes, explain:
12b. If #12a is yes, indicate type of waste (sewage, industrial, etc): N/A
12c. If surface disposal, where specifically will effluent be discharged? N/A
13. Will surface area of existing lakes, ponds, streams, or other surface waterways be increased or decreased
by proposal? Yes X No N/A; if yes, explain:
14a. Will project or any portion of project occur wholly or partially within or contiguous to the 100 year flood
plain? Yes No X 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? (Circle all that apply.) N/A
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 X No N/A;
14d. If #14a, b or c is yes, explain: N/A
15a. Does project involve disposal or solid waste? Yes X No N/A
15b. If #15a is yes, will an existing solid waste disposal facility be used? Yes No X N/A
15c. If #15b is yes, give name of disposal facility: N/A and its location:
15d. Will there be any wastes that will not go into a sewage disposal system or into a sanitary landfill?
Yes No X N/A; if yes, explain:
15e. Will any solid waste be disposed of on site? Yes No X N/A; if yes, explain:
16. Will project use herbicides or pesticides? Yes No X 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 X N/A; if yes, explain:
Page 6
18. Will project produce odors? Yes No X N/A; if yes, explain:
19. Will project product operating noise exceed the local ambient noise level during construction?
Yes No X N/A; After construction? Yes No X N/A
20. Will project result in an increase of energy use? Yes No X N/A; if yes, indicate type(s) N/A
21. Total anticipated water usage per day: gals/day. N/A Source of water N/A
C. ZONING & PLANNING INFORMATION
1. Does the proposed action involve a planning or zoning decision? X Yes No N/A; if yes, indicate
the decision required:
X Zoning Amendment Zoning Variance New/Revision of Master Plan Subdivision
Site Plan Special Use Permit Resource Management Plan Other:
2. What is the current zoning classification of site? Adult Use, B-1a, B-1b, B-2a, B-2b, B-2d, B-4, B-5,
CBD-50, CBD-60, CBD-85, CBD-100, CBD-120, CBD-140, CR-3, CR-4, MH-1, MU-1, MU-2, P-1,
Market District, Newman District, R-2b, R-3a, R-3aa, R-3b, SW-1, SW-2, SW-3, WE/WF, WEDZ-
1a, WEDZ-1b
3. If the site is developed as permitted by the present zoning, what is the maximum potential development?
N/A
4. Is proposed use consistent with present zoning? Yes No X N/A
5. If #4 is no, indicate desired zoning: N/A
6. If the site is developed by the proposed zoning, what is the maximum potential development of the site?
N/A
7. Is the proposed action consistent with the recommended uses in adopted local land-use plans?
X 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?
N/A
9. Is the proposed action compatible with adjacent land uses? X Yes No N/A Explain:
10a. If the proposed action is the subdivision of land, how many lots are proposed? N/A
10b. What is the minimum lot size proposed? N/A
11. Will the proposed action create a demand for any community-provided services? (recreation, education,
police, fire protection, etc.) ? Yes No X N/A Explain:
If yes, is existing capacity sufficient to handle projected demand? Yes No X N/A
Explain: N/A
Page 7
12. Will the proposed action result in the generation of traffic significantly above present levels?
Yes No X N/A If yes, is the existing road network adequate to handle the additional traffic?
Yes No X N/A Explain:
D. APPROVALS
1. Approvals: Common Council Adoption
2a. Is any Federal permit required? Yes X No N/A; Specify:
2b. Does project involve State or Federal funding or financing? Yes X No N/A; If Yes, Specify:
2c. Local and Regional approvals:
Agency
Yes/No Type of
Approval Required
Submittal
Date
Approval
Date
COMMON COUNCIL YES ADOPTION
Board of Zoning Appeals (BZA) No
Planning & Development Board No
Ithaca Landmarks Preservation
Commission (ILPC)
No
Board of Public Works (BPW) No
Fire Department No
Police Department No
Building Commissioner No
Ithaca Urban Renewal Agency
(IURA)
No
E. INFORMATIONAL DETAILS
Attach any additional information as 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: City of Ithaca
Signature:
Title: Economic Development Planner
City of Ithaca Full Environmental Assessment Form (FEAF)
Part 2 Project Impacts
Page 8
Proposal to Create Planned Unit Development (PUD) Floating Zone District
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 The
proposed action establishes the legislation to allow for Council to create Planned Unit
Development Districts and has no immediate impact on land. Any potential impacts on land will
have to be evaluated if and when a planned unit development district is created.
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 The proposed action establishes the
legislation to allow for Council to create Planned Unit Development Districts and has no
immediate impact on unique land forms. Any potential impacts on unique land forms will
have to be evaluated if and when a planned unit development district is created.
Specific land forms (if any):
Yes No
Page 9
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 The proposed action establishes
the legislation to allow for Council to create Planned Unit Development Districts and has no
immediate impact on water. Any potential impacts on water will have to be evaluated if and
when a planned unit development district is created.
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 The
proposed action establishes the legislation to allow for Council to create Planned Unit
Development Districts and has no immediate impact on water. Any potential impacts on water
will have to be evaluated if and when a planned unit development district is created.
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
Page 10
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 The proposed action
establishes the legislation to allow for Council to create Planned Unit Development Districts
and has no immediate impact on groundwater. Any potential impacts on groundwater will have
to be evaluated if and when a planned unit development district is created.
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
Page 11
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
The proposed action establishes the legislation to allow for Council to create Planned Unit
Development Districts and has no immediate impact on drainage or runoff. Any potential
impacts on drainage or runoff will have to be evaluated if and when a planned unit development
district is created.
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 The proposed action establishes the
legislation to allow for Council to create Planned Unit Development Districts and has no
immediate impact on air quality. Any potential impacts on air quality will have to be evaluated if
and when a planned unit development district is created.
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
Page 12
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 The proposed
action establishes the legislation to allow for Council to create Planned Unit Development
Districts and has no immediate impact on plants and animals. Any potential impacts on plants
and animals will have to be evaluated if and when a planned unit development district is
created.
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 The proposed action establishes the legislation to allow for Council to create
Planned Unit Development Districts and has no immediate impact on plants and animals. Any
potential impacts on plants and animals will have to be evaluated if and when a planned unit
development district is created.
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
Page 13
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 The proposed action establishes the legislation to allow for
Council to create Planned Unit Development Districts and has no immediate impact on
aesthetic resources. Any potential impacts on aesthetic resources will have to be
evaluated if and when a planned unit development district is created.
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 he proposed action establishes the legislation to allow for
Council to create Planned Unit Development Districts and has no immediate impact on
historic resources. Any potential impacts on historic resources will have to be evaluated if
and when a planned unit development district is created.
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
Page 14
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 proposed action establishes the legislation
to allow for Council to create Planned Unit Development Districts and has no immediate
impact on open spaces or recreational opportunities. Any potential impacts on open
spaces or recreational opportunities will have to be evaluated if and when a planned unit
development district is created.
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 The proposed action establishes the legislation to allow for
Council to create Planned Unit Development Districts and has no immediate impact on
unique natural areas or critical environmental areas. Any potential impacts on unique
natural areas or critical environmental areas will have to be evaluated if and when a
planned unit development district is created.
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
Page 15
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 The proposed
action establishes the legislation to allow for Council to create Planned Unit Development
Districts and has no immediate impact on transportation. Any potential impacts on
transportation will have to be evaluated if and when a planned unit development district is
created.
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
The proposed action establishes the legislation to allow for Council to create Planned Unit
Development Districts and has no immediate impact on the community’s sources of fuel or
energy supply. Any potential impacts on the community’s sources of fuel or energy supply will
have to be evaluated if and when a planned unit development district is created.
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
Page 16
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 The proposed
action establishes the legislation to allow for Council to create Planned Unit Development
Districts and has no immediate impact on noise or odors. Any potential impacts on noise
or odors will have to be evaluated if and when a planned unit development district is
created.
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 The proposed action
establishes the legislation to allow for Council to create Planned Unit Development Districts
and has no immediate impact on public health and safety. Any potential impacts on public
health and safety will have to be evaluated if and when a planned unit development district is
created.
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
Page 17
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 sf.
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 The
proposed action establishes the legislation to allow for Council to create PUD Districts and has no
immediate impact on growth and character of the community. Any potential impacts will have to
be evaluated if and when a planned unit development district is created.
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?
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
Page 1 1/8/2018
An Ordinance to Amend the City of Ithaca Municipal Code, Chapter
325, Entitled “Zoning,” Article IV, Section 325-12, in Order to
Expand the Area Permitted for Planned Unit Developments By
Creating a Planned Unit Development Overlay District (PUDOD)
ORDINANCE NO. 2014-____
WHEREAS, on July 2, 2014, the Common Council adopted legislation
allowing for the City to establish Planned Unit Development
districts on any property in the City currently zoned for
industrial uses, and
WHEREAS, on August 2, 2017, the Common Council adopted new
zoning for the waterfront districts, which included a statement
recognizing that the adopted zoning may not allow for projects
that could be beneficial to the community and recommended that
the City consider adopting legislation to allow for PUDs
throughout the City, including in the waterfront districts, and
WHEREAS, A PUD is a tool that allows the Common Council to have
flexibility to approve projects that may not fit into the
underlying zoning, but may have benefits for the community that
outweigh any impacts resulting from not complying with the pre-
established regulations for that district, and
WHEREAS, in order to allow for potential development that could
bring significant benefits to the community, staff has
recommended the establishment of the Planned Unit Development
Overlay District, which would allow for PUDs in areas of the
City where additional development is anticipated, but would
protect areas that have established 1 and 2 family residential
neighborhoods; now therefore
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca that Chapter 325, Article IV, Section 325-12. of the
Municipal Code of the City of Ithaca be amended as follows:
Section 1. Chapter 325, Section 325-5, Zoning Map of the
Municipal Code of the City of Ithaca is hereby amended to create
a Planned Unit Development Overlay District (PUDOD) to include
properties located Within the boundaries displayed on the map
entitled “Proposed Boundary for the Planned Unit Development
Overlay District (PUDOD)-December 2017”,” a copy of which shall
be on file in the City Clerk’s office.
Page 2 1/8/2018
Section 2. Chapter 325, Section 325-12.B, entitled “Purpose and
Intent”, is hereby amended in order to change the allowable
location for a potential PUD, and should read as follows:
§325-12.
B. Purpose and intent.
(1) This legislation is intended to institute procedures and requirements for
the establishment and mapping of PUDs, which may be placed in any
location approved by the Common Council, as long as it is located
within the Planned Unit Development Overlay District (PUDOD), the
boundaries of which can be seen on the attached map, “Proposed
Boundary for the Planned Unit Development Overlay District (PUDOD) -
December 2017”. The PUD is a tool intended to encourage mixed-use or
unique single use projects that require more creative and imaginative
design of land development than is possible under standard zoning
district regulations. A PUD allows for flexibility in planning and
design, while ensuring efficient investment in public improvements,
environmental sensitivity, and protection of community character. A
PUD should be used only when long-term community benefits will be
achieved through high quality development, including, but not limited
to, reduced traffic demands, greater quality and quantity of public
and/or private open space, community recreational amenities, needed
housing types and/or mix, innovative designs, and protection and/or
preservation of natural resources.
(2) Section 325-12 is intended to relate to both residential and
nonresidential development, as well as mixed forms of development.
There may be uses, now or in the future, which are not expressly
permitted by the other terms of this chapter but which uses would not
contravene the long-range Comprehensive Plan objectives if they
adhere to certain predetermined performance and design conditions.
The PUD is intended to be used to enable these developments to occur
even though they may not be specifically authorized by the City zoning
district regulations.
(3) The PUD is intended to be used in any area located within the PUDOD.
Should a proposed project offer community-wide benefits, the Common
Council may establish a PUD in order to permit uses not explicitly
allowed by the underlying zoning.
(4) Areas may be zoned as a PUD by the Common Council. The enactment
and establishment of such a zone shall be a legislative act. No owner of
land or other person having an interest in land shall be entitled as a
matter of right to the enactment or establishment of any such zone.
Page 3 1/8/2018
Section 3. Chapter 325, Section 325-12.C, entitled
“Establishment and Location”, is hereby amended in order to
remove the sentence that states that the PUD is intended to be
used in industrial zones, and should read as follows:
C.
Establishment and location.
(1) The intent of a PUD is to create self-contained, architecturally
consistent, and compatible buildings, many times with diverse but
related uses. The creation of a PUD must entail sufficient review to
assure the uses within the zone will have negligible or no significant
adverse effects upon properties surrounding the zone. In reaching its
decision on whether to rezone to a PUD, the Common Council shall
consider the general criteria set forth in this chapter, the most current
Comprehensive Plan for the City, and this statement of purpose.
(2) No PUD shall be established pursuant to Subsection G (13) of this section unless
it is located within the boundaries of the PUDOD. .
Section 4. 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 5. Effective date. This ordinance shall take effect
immediately and in accordance with law upon publication of
notices as provided in the Ithaca City Charter.
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NEEDHA
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McGRAW PLACEMcGRAW PLACEMcGRAW PLACEMcGRAW PLACEMcGRAW PLACEMcGRAW PLACEMcGRAW PLACEMcGRAW PLACEMcGRAW PLACECAYUGA HEIGHTS ROAD CAYUGA HEIGHTS ROAD CAYUGA HEIGHTS ROAD CAYUGA HEIGHTS ROAD CAYUGA HEIGHTS ROAD CAYUGA HEIGHTS ROAD CAYUGA HEIGHTS ROAD CAYUGA HEIGHTS ROAD CAYUGA HEIGHTS ROAD RIDGEWOOD ROADRIDGEWOOD ROADRIDGEWOOD ROADRIDGEWOOD ROADRIDGEWOOD ROADRIDGEWOOD ROADRIDGEWOOD ROADRIDGEWOOD ROADRIDGEWOOD ROADSTEWART AVENUESTEWART AVENUESTEWART AVENUESTEWART AVENUESTEWART AVENUESTEWART AVENUESTEWART AVENUESTEWART AVENUESTEWART AVENUELOOPLOOPLOOPLOOPLOOPLOOPLOOPLOOPLOOPKLINE ROAD
KLINE ROAD
KLINE ROAD
KLINE ROAD
KLINE ROAD
KLINE ROAD
KLINE ROAD
KLINE ROAD
KLINE ROAD
QUEEN STREETQUEEN STREETQUEEN STREETQUEEN STREET
QUEEN STREETQUEEN STREETQUEEN STREETQUEEN STREETQUEEN STREET
KING STREETKING STREETKING STREETKING STREETKING STREETKING STREETKING STREETKING STREETKING STREET LAKE SREETLAKE SREETLAKE SREETLAKE SREETLAKE SREETLAKE SREETLAKE SREETLAKE SREETLAKE SREETLAKE SREETLAKE SREETLAKE SREETLAKE SREETLAKE SREETLAKE SREETLAKE SREETLAKE SREETLAKE SREETEAST
SHORE DRI
VEEAST
SHORE DRI
VEEAST
SHORE DRI
VEEAST
SHORE DRI
VEEAST
SHORE DRI
VEEAST
SHORE DRI
VEEAST
SHORE DRI
VEEAST
SHORE DRI
VEEAST
SHORE DRI
VENORTH TIOGA STREETNORTH TIOGA STREETNORTH TIOGA STREETNORTH TIOGA STREETNORTH TIOGA STREETNORTH TIOGA STREETNORTH TIOGA STREETNORTH TIOGA STREETNORTH TIOGA STREETEAST LEWIS STREETEAST LEWIS STREETEAST LEWIS STREETEAST LEWIS STREET
EAST LEWIS STREETEAST LEWIS STREETEAST LEWIS STREETEAST LEWIS STREETEAST LEWIS STREET
EAST LINCOLN STREETEAST LINCOLN STREETEAST LINCOLN STREETEAST LINCOLN STREET
EAST LINCOLN STREETEAST LINCOLN STREETEAST LINCOLN STREETEAST LINCOLN STREETEAST LINCOLN STREET
EAST FALLS STREETEAST FALLS STREETEAST FALLS STREETEAST FALLS STREET
EAST FALLS STREETEAST FALLS STREETEAST FALLS STREETEAST FALLS STREETEAST FALLS STREET
EAST YORK STREETEAST YORK STREETEAST YORK STREETEAST YORK STREET
EAST YORK STREETEAST YORK STREETEAST YORK STREETEAST YORK STREETEAST YORK STREET
LINDEN AVENUELINDEN AVENUELINDEN AVENUELINDEN AVENUELINDEN AVENUELINDEN AVENUELINDEN AVENUELINDEN AVENUELINDEN AVENUEBLAIR STREETBLAIR STREETBLAIR STREETBLAIR STREETBLAIR STREETBLAIR STREETBLAIR STREETBLAIR STREETBLAIR STREETVALENTINE PLACEVALENTINE PLACEVALENTINE PLACEVALENTINE PLACEVALENTINE PLACEVALENTINE PLACEVALENTINE PLACEVALENTINE PLACEVALENTINE PLACEDUNMORE PLACEDUNMORE PLACEDUNMORE PLACEDUNMORE PLACEDUNMORE PLACEDUNMORE PLACEDUNMORE PLACEDUNMORE PLACEDUNMORE PLACEORCHARD PLACEORCHARD PLACEORCHARD PLACEORCHARD PLACE
ORCHARD PLACEORCHARD PLACEORCHARD PLACEORCHARD PLACEORCHARD PLACE
COOK STREETCOOK STREETCOOK STREETCOOK STREETCOOK STREETCOOK STREETCOOK STREETCOOK STREETCOOK STREETEDDY STREETEDDY STREETEDDY STREETEDDY STREETEDDY STREETEDDY STREETEDDY STREETEDDY STREETEDDY STREETCATHERINRE STREETCATHERINRE STREETCATHERINRE STREETCATHERINRE STREET
CATHERINRE STREETCATHERINRE STREETCATHERINRE STREETCATHERINRE STREETCATHERINRE STREET
SOUTH QUARRY STREETSOUTH QUARRY STREETSOUTH QUARRY STREETSOUTH QUARRY STREETSOUTH QUARRY STREETSOUTH QUARRY STREETSOUTH QUARRY STREETSOUTH QUARRY STREETSOUTH QUARRY STREETFERRIS PLACEFERRIS PLACEFERRIS PLACEFERRIS PLACEFERRIS PLACEFERRIS PLACEFERRIS PLACEFERRIS PLACEFERRIS PLACENORTH QUARRY STREETNORTH QUARRY STREETNORTH QUARRY STREETNORTH QUARRY STREETNORTH QUARRY STREETNORTH QUARRY STREETNORTH QUARRY STREETNORTH QUARRY STREETNORTH QUARRY STREETELSTON PLACEELSTON PLACEELSTON PLACEELSTON PLACEELSTON PLACEELSTON PLACEELSTON PLACEELSTON PLACEELSTON PLACEJAMES STREETJAMES STREETJAMES STREETJAMES STREETJAMES STREETJAMES STREETJAMES STREETJAMES STREETJAMES STREETCOTTAGECOTTAGECOTTAGECOTTAGECOTTAGECOTTAGECOTTAGECOTTAGECOTTAGEEAST MARTIN LUTHER KING JR/STATE STREET
EAST MARTIN LUTHER KING JR/STATE STREET
EAST MARTIN LUTHER KING JR/STATE STREET
EAST MARTIN LUTHER KING JR/STATE STREET
EAST MARTIN LUTHER KING JR/STATE STREET
EAST MARTIN LUTHER KING JR/STATE STREET
EAST MARTIN LUTHER KING JR/STATE STREET
EAST MARTIN LUTHER KING JR/STATE STREET
EAST MARTIN LUTHER KING JR/STATE STREET STEWART AVENUESTEWART AVENUESTEWART AVENUESTEWART AVENUESTEWART AVENUESTEWART AVENUESTEWART AVENUESTEWART AVENUESTEWART AVENUESCHUYLER PLACESCHUYLER PLACESCHUYLER PLACESCHUYLER PLACESCHUYLER PLACESCHUYLER PLACESCHUYLER PLACESCHUYLER PLACESCHUYLER PLACEPARKER STREETPARKER STREETPARKER STREETPARKER STREETPARKER STREETPARKER STREETPARKER STREETPARKER STREETPARKER STREETHUDSON STREET
HUDSON STREET
HUDSON STREET
HUDSON STREET
HUDSON STREET
HUDSON STREET
HUDSON STREET
HUDSON STREET
HUDSON STREET
STREETSTREETSTREETSTREETSTREETSTREETSTREETSTREETSTREETSENECA WAYSENECA WAYSENECA WAYSENECA WAYSENECA WAYSENECA WAYSENECA WAYSENECA WAYSENECA WAYPLEASANT STREETPLEASANT STREETPLEASANT STREETPLEASANT STREET
PLEASANT STREETPLEASANT STREETPLEASANT STREETPLEASANT STREETPLEASANT STREET
COLUMBIA STREETCOLUMBIA STREETCOLUMBIA STREETCOLUMBIA STREET
COLUMBIA STREETCOLUMBIA STREETCOLUMBIA STREETCOLUMBIA STREETCOLUMBIA STREET
EAST SENECA STREETEAST SENECA STREETEAST SENECA STREETEAST SENECA STREET
EAST SENECA STREETEAST SENECA STREETEAST SENECA STREETEAST SENECA STREETEAST SENECA STREET
TURNER PLACETURNER PLACETURNER PLACETURNER PLACETURNER PLACETURNER PLACETURNER PLACETURNER PLACETURNER PLACEEAST CLINTON STREETEAST CLINTON STREETEAST CLINTON STREETEAST CLINTON STREETEAST CLINTON STREETEAST CLINTON STREETEAST CLINTON STREETEAST CLINTON STREETEAST CLINTON STREET
SPENCER STREETSPENCER STREETSPENCER STREETSPENCER STREETSPENCER STREETSPENCER STREETSPENCER STREETSPENCER STREETSPENCER STREETP R O S P E C T
P R O S P E C T
P R O S P E C T
P R O S P E C T
P R O S P E C T
P R O S P E C T
P R O S P E C T
P R O S P E C T
P R O S P E C T
EAST GREEN STREETEAST GREEN STREETEAST GREEN STREETEAST GREEN STREET
EAST GREEN STREETEAST GREEN STREETEAST GREEN STREETEAST GREEN STREETEAST GREEN STREET
GI
LES STREETGI
LES STREETGI
LES STREETGI
LES STREETGI
LES STREETGI
LES STREETGI
LES STREETGI
LES STREETGI
LES STREETHAWTHORNE PLACE
HAWTHORNE PLACE
HAWTHORNE PLACE
HAWTHORNE PLACE
HAWTHORNE PLACE
HAWTHORNE PLACE
HAWTHORNE PLACE
HAWTHORNE PLACE
HAWTHORNE PLACE
HUDSON STREET EXT
HUDSON STREET EXT
HUDSON STREET EXT
HUDSON STREET EXT
HUDSON STREET EXT
HUDSON STREET EXT
HUDSON STREET EXT
HUDSON STREET EXT
HUDSON STREET EXTHUDSON ST.HUDSON ST.HUDSON ST.HUDSON ST.HUDSON ST.HUDSON ST.HUDSON ST.HUDSON ST.HUDSON ST.PEARSALL PLACE
PEARSALL PLACE
PEARSALL PLACE
PEARSALL PLACE
PEARSALL PLACE
PEARSALL PLACE
PEARSALL PLACE
PEARSALL PLACE
PEARSALL PLACE
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CRESCENT PLACECRESCENT PLACECRESCENT PLACECRESCENT PLACECRESCENT PLACECRESCENT PLACECRESCENT PLACECRESCENT PLACECRESCENT PLACE
HA W T H O R N E C I R C L E
H A W T H O R N E C I R C L E
H A W T H O R N E C I R C L E
H A W T H O R N E C I R C L E
H A W T H O R N E C I R C L E
H A W T H O R N E C I R C L E
H A W T H O R N E C I R C L E
H A W T H O R N E C I R C LE
H A W T H O R N E C I R C LE
RENZETTI
RENZETTI
RENZETTI
RENZETTI
RENZETTI
RENZETTI
RENZETTI
RENZETTI
RENZETTI
P
LA
C
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P
LA
C
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P
LA
C
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P
LA
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P
LA
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P
LA
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P
LA
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P
LA
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EHUDSON STREETHUDSON STREETHUDSON STREETHUDSON STREETHUDSON STREETHUDSON STREETHUDSON STREETHUDSON STREETHUDSON STREETGRANDVIEW COURTGRANDVIEW COURTGRANDVIEW COURTGRANDVIEW COURTGRANDVIEW COURTGRANDVIEW COURTGRANDVIEW COURTGRANDVIEW COURTGRANDVIEW COURT
GRANDVIEW AVENUE
GRANDVIEW AVENUE
GRANDVIEW AVENUE
GRANDVIEW AVENUE
GRANDVIEW AVENUE
GRANDVIEW AVENUE
GRANDVIEW AVENUE
GRANDVIEW AVENUE
GRANDVIEW AVENUE
HUDSON PLACEHUDSON PLACEHUDSON PLACEHUDSON PLACEHUDSON PLACEHUDSON PLACEHUDSON PLACEHUDSON PLACEHUDSON PLACESOUTH AURORA STREETSOUTH AURORA STREETSOUTH AURORA STREETSOUTH AURORA STREETSOUTH AURORA STREETSOUTH AURORA STREETSOUTH AURORA STREETSOUTH AURORA STREETSOUTH AURORA STREETHILLVIEW PLACEHILLVIEW PLACEHILLVIEW PLACEHILLVIEW PLACEHILLVIEW PLACEHILLVIEW PLACEHILLVIEW PLACEHILLVIEW PLACEHILLVIEW PLACE
GRANDVIEW PLACEGRANDVIEW PLACEGRANDVIEW PLACEGRANDVIEW PLACEGRANDVIEW PLACEGRANDVIEW PLACEGRANDVIEW PLACEGRANDVIEW PLACEGRANDVIEW PLACEC O D D IN G T O N R O A D
C O D D IN G T O N R O A D
C O D D IN G T O N R O A D
C O D D IN G T O N R O A D
C O D D IN G T O N R O A D
C O D D IN G T O N R O A D
C O D D IN G T O N R O A D
C O D D IN G T O N R O A D
C O D D IN G T O N R O A D
DANBY ROADDANBY ROADDANBY ROADDANBY ROADDANBY ROADDANBY ROADDANBY ROADDANBY ROADDANBY ROADSOUTH HILL TERRSOUTH HILL TERRSOUTH HILL TERRSOUTH HILL TERRSOUTH HILL TERRSOUTH HILL TERRSOUTH HILL TERRSOUTH HILL TERRSOUTH HILL TERRWILLIAMS STREETWILLIAMS STREETWILLIAMS STREETWILLIAMS STREET
WILLIAMS STREETWILLIAMS STREETWILLIAMS STREETWILLIAMS STREETWILLIAMS STREET
D
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DE BUFFALO STREETE BUFFALO STREETE BUFFALO STREETE BUFFALO STREET
E BUFFALO STREETE BUFFALO STREETE BUFFALO STREETE BUFFALO STREETE BUFFALO STREET
UNIVERSITY AVENUEUNIVERSITY AVENUEUNIVERSITY AVENUE
UNIVERSITY AVENUEUNIVERSITY AVENUE
UNIVERSITY AVENUEUNIVERSITY AVENUEUNIVERSITY AVENUE
UNIVERSITY AVENUE
W ILLARD W AYW ILLARD W AYW ILLARD W AYW ILLARD W AYW ILLARD W AYW ILLARD W AYW ILLARD W AYW ILLARD W AYW ILLARD W AYLLENROC COURTLLENROC COURTLLENROC COURTLLENROC COURTLLENROC COURTLLENROC COURTLLENROC COURTLLENROC COURTLLENROC COURTSTEWART AVENUESTEWART AVENUESTEWART AVENUESTEWART AVENUESTEWART AVENUESTEWART AVENUESTEWART AVENUESTEWART AVENUESTEWART AVENUED E W IT T P L A C E
D E W IT T P L A C E
D E W IT T P L A C E
D E W IT T P L A C E
D E W IT T P L A C E
D E W IT T P L A C E
D E W IT T P L A C E
D E W IT T P L A C E
D E W IT T P L A C E
CORNELL AVENUECORNELL AVENUECORNELL AVENUECORNELL AVENUE
CORNELL AVENUECORNELL AVENUECORNELL AVENUECORNELL AVENUECORNELL AVENUE
DEWITT PLACEDEWITT PLACEDEWITT PLACEDEWITT PLACEDEWITT PLACEDEWITT PLACEDEWITT PLACEDEWITT PLACEDEWITT PLACETERRANCE PLACETERRANCE PLACETERRANCE PLACETERRANCE PLACETERRANCE PLACETERRANCE PLACETERRANCE PLACETERRANCE PLACETERRANCE PLACEFOUNTAIN PLACEFOUNTAIN PLACEFOUNTAIN PLACEFOUNTAIN PLACEFOUNTAIN PLACEFOUNTAIN PLACEFOUNTAIN PLACEFOUNTAIN PLACEFOUNTAIN PLACEWILLETS PLACEWILLETS PLACEWILLETS PLACEWILLETS PLACEWILLETS PLACEWILLETS PLACEWILLETS PLACEWILLETS PLACEWILLETS PLACEGLEN PLACEGLEN PLACEGLEN PLACEGLEN PLACEGLEN PLACEGLEN PLACEGLEN PLACEGLEN PLACEGLEN PLACEUNIVERSITY AVENUEUNIVERSITY AVENUEUNIVERSITY AVENUEUNIVERSITY AVENUEUNIVERSITY AVENUEUNIVERSITY AVENUEUNIVERSITY AVENUEUNIVERSITY AVENUEUNIVERSITY AVENUELINN STREETLINN STREETLINN STREETLINN STREETLINN STREETLINN STREETLINN STREETLINN STREETLINN STREETCASCADILLA PARK ROAD
CASCADILLA PARK ROAD
CASCADILLA PARK ROAD
CASCADIL LA PARK ROAD
CASCADIL LA PARK ROAD
CASCADIL LA PARK ROAD
CASCADIL LA PARK ROAD
CASCADIL LA PARK ROAD
CASCADIL LA PARK ROAD
EAST COURT STREETEAST COURT STREETEAST COURT STREETEAST COURT STREET
EAST COURT STREETEAST COURT STREETEAST COURT STREETEAST COURT STREETEAST COURT STREET
EAST BUFFALO STREETEAST BUFFALO STREETEAST BUFFALO STREETEAST BUFFALO STREET
EAST BUFFALO STREETEAST BUFFALO STREETEAST BUFFALO STREETEAST BUFFALO STREETEAST BUFFALO STREET
FARM STREETFARM STREETFARM STREETFARM STREET
FARM STREETFARM STREETFARM STREETFARM STREETFARM STREET
SEARS STREETSEARS STREETSEARS STREETSEARS STREETSEARS STREETSEARS STREETSEARS STREETSEARS STREETSEARS STREETCASCADILLA AVENUE
CASCADILLA AVENUE
CASCADILLA AVENUE
CASCADILLA AVENUE
CASCADILLA AVENUE
CASCADILLA AVENUE
CASCADILLA AVENUE
CASCADILLA AVENUE
CASCADILLA AVENUE
YATES STREETYATES STREETYATES STREETYATES STREET
YATES STREETYATES STREETYATES STREETYATES STREETYATES STREET
TOMPKINS STREETTOMPKINS STREETTOMPKINS STREETTOMPKINS STREET
TOMPKINS STREETTOMPKINS STREETTOMPKINS STREETTOMPKINS STREETTOMPKINS STREET
MARSHALL STREETMARSHALL STREETMARSHALL STREETMARSHALL STREET
MARSHALL STREETMARSHALL STREETMARSHALL STREETMARSHALL STREETMARSHALL STREET NORTH AURORA STREETNORTH AURORA STREETNORTH AURORA STREETNORTH AURORA STREETNORTH AURORA STREETNORTH AURORA STREETNORTH AURORA STREETNORTH AURORA STREETNORTH AURORA STREETSTATE HIGHWAY 34 & 13STATE HIGHWAY 34 & 13STATE HIGHWAY 34 & 13STATE HIGHWAY 34 & 13STATE HIGHWAY 34 & 13STATE HIGHWAY 34 & 13STATE HIGHWAY 34 & 13STATE HIGHWAY 34 & 13STATE HIGHWAY 34 & 13NORTH CAYUGA STREETNORTH CAYUGA STREETNORTH CAYUGA STREETNORTH CAYUGA STREETNORTH CAYUGA STREETNORTH CAYUGA STREETNORTH CAYUGA STREETNORTH CAYUGA STREETNORTH CAYUGA STREETPI
ER ROADPI
ER ROADPI
ER ROADPI
ER ROADPI
ER ROADPI
ER ROADPI
ER ROADPI
ER ROADPI
ER ROADNYS ROUTE 34 & 13NYS ROUTE 34 & 13NYS ROUTE 34 & 13NYS ROUTE 34 & 13NYS ROUTE 34 & 13NYS ROUTE 34 & 13NYS ROUTE 34 & 13NYS ROUTE 34 & 13NYS ROUTE 34 & 13PIE R ROAD
PIE R ROAD
PIE R ROADPIER ROAD
PIE R ROADPIER ROAD
PIE R ROAD
PIE R ROADPIER ROAD
SHORT STREETSHORT STREETSHORT STREETSHORT STREETSHORT STREETSHORT STREETSHORT STREETSHORT STREETSHORT STREETJAY STREETJAY STREETJAY STREETJAY STREETJAY STREETJAY STREETJAY STREETJAY STREETJAY STREET UTICA STREETUTICA STREETUTICA STREETUTICA STREETUTICA STREETUTICA STREETUTICA STREETUTICA STREETUTICA STREETWEST FALLS STREETWEST FALLS STREETWEST FALLS STREETWEST FALLS STREET
WEST FALLS STREETWEST FALLS STREETWEST FALLS STREETWEST FALLS STREETWEST FALLS STREET
DEY STREETDEY STREETDEY STREETDEY STREETDEY STREETDEY STREETDEY STREETDEY STREETDEY STREETNORTH CAYUGA STREETNORTH CAYUGA STREETNORTH CAYUGA STREETNORTH CAYUGA STREETNORTH CAYUGA STREETNORTH CAYUGA STREETNORTH CAYUGA STREETNORTH CAYUGA STREETNORTH CAYUGA STREETAUBURN STREETAUBURN STREETAUBURN STREETAUBURN STREETAUBURN STREETAUBURN STREETAUBURN STREETAUBURN STREETAUBURN STREETWI
LLOW AVENUEWI
LLOW AVENUEWI
LLOW AVENUEWI
LLOW AVENUEWI
LLOW AVENUEWI
LLOW AVENUEWI
LLOW AVENUEWI
LLOW AVENUEWI
LLOW AVENUEW E S T L IN C O L N S T R E E T
W E S T L IN C O L N S T R E E T
W E S T L IN C O L N S T R E E T
W E S T L IN C O L N S T R E E T
W E S T L IN C O L N S T R E E T
W E S T L IN C O L N S T R E E T
W E S T L IN C O L N S T R E E T
W E S T L IN C O L N S T R E E T
W E S T L IN C O L N S T R E E T
FI
RST STREETFI
RST STREETFI
RST STREETFI
RST STREETFI
RST STREETFI
RST STREETFI
RST STREETFI
RST STREETFI
RST STREETM O N R O E S T
M O N R O E S T
M O N R O E S T
M O N R O E S T
M O N R O E S T
M O N R O E S T
M O N R O E S T
M O N R O E S T
M O N R O E S T
L
AKE AVENUEL
AKE AVENUELAKE AVENUEL
AKE AVENUEL
AKE AVENUEL
AKE AVENUEL
AKE AVENUEL
AKE AVENUEL
AKE AVENUEESTY STREETESTY STREETESTY STREETESTY STREETESTY STREETESTY STREETESTY STREETESTY STREETESTY STREET NORTH GENEVA STREETNORTH GENEVA STREETNORTH GENEVA STREETNORTH GENEVA STREETNORTH GENEVA STREETNORTH GENEVA STREETNORTH GENEVA STREETNORTH GENEVA STREETNORTH GENEVA STREETNORTH ALBANY STREETNORTH ALBANY STREETNORTH ALBANY STREETNORTH ALBANY STREETNORTH ALBANY STREETNORTH ALBANY STREETNORTH ALBANY STREETNORTH ALBANY STREETNORTH ALBANY STREETH A N C O C K S T R E E T
H A N C O C K S T R E E T
H A N C O C K S T R E E T
H A N C O C K S T R E E T
H A N C O C K S T R E E T
H A N C O C K S T R E E T
H A N C O C K S T R E E T
H A N C O C K S T R E E T
H A N C O C K S T R E E T
SECOND STREETSECOND STREETSECOND STREETSECOND STREETSECOND STREETSECOND STREETSECOND STREETSECOND STREETSECOND STREETF R A N K L IN S T R E E T
F R A N K L IN S T R E E T
F R A N K L IN S T R E E T
F R A N K L IN S T R E E T
F R A N K L IN S T R E E T
F R A N K L IN S T R E E T
F R A N K L IN S T R E E T
F R A N K L IN S T R E E T
F R A N K L IN S T R E E T
A D A M S S T R E E T
A D A M S S T R E E T
A D A M S S T R E E T
A D A M S S T R E E T
A D A M S S T R E E T
A D A M S S T R E E T
A D A M S S T R E E T
A D A M S S T R E E T
A D A M S S T R E E T
M A D IS O N S T R E E T
M A D IS O N S T R E E T
M A D IS O N S T R E E T
M A D IS O N S T R E E T
M A D IS O N S T R E E T
M A D IS O N S T R E E T
M A D IS O N S T R E E T
M A D IS O N S T R E E T
M A D IS O N S T R E E T
CASCADILLA STREETCASCADILLA STREETCASCADILLA STREETCASCADILLA STREET
CASCADILLA STREETCASCADILLA STREETCASCADILLA STREETCASCADILLA STREETCASCADILLA STREET
NORTH PLAIN STREETNORTH PLAIN STREETNORTH PLAIN STREETNORTH PLAIN STREETNORTH PLAIN STREETNORTH PLAIN STREETNORTH PLAIN STREETNORTH PLAIN STREETNORTH PLAIN STREETWI
LLOW AVENUEWI
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LLOW AVENUEWI
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LLOW AVENUEWI
LLOW AVENUEWI
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LLOW AVENUEWI
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Buildings
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Proposed Boundary of the PUDOD
NY State Plane, Central GRS 80 Datum
Map Source: City of Ithaca Zoning 2017 Ordinance
Map Prepared by: GIS Planning, City of Ithaca, NY, 8 December 2017.
1
To: Planning and Economic Development Committee
From: JoAnn Cornish, Director of Planning and Development
Date: January 8, 2018
Re: Proposal to Authorize the Planning and Development Board to approve the
granting of Special Permits. (Currently the Board of Zoning Appeals has this
authority.)
Currently, the Board of Zoning Appeals has the power to review and grant requests for special
permits. The criteria used to evaluate whether or not to grant a special permit in the City Code,
Chapter 325-3, Definitions and Word Usage is; “SPECIAL PERMIT, The written authorization
by the Board of Appeals to permit, in a given district, a property use which, because of its
nature, location or effect on the surrounding neighborhood, warrants special evaluation of each
individual case.”
The Planning Board, when reviewing site plans, uses much the same criteria as is used by the
BZA to evaluate special permits. During site plan review, the PB looks at impacts a project will
have on the immediate neighbors, the neighborhood, and the greater community. In accordance
with the City Code Chapter 276, Site Plan Review, §276-7 Project review criteria. A. General
criteria: the Planning Board is charged with weighing the impacts of a project by;
(1) Avoidance or mitigation of any negative impacts. The following shall be emphasized in
particular:
(a) Erosion, sedimentation and siltation control in accordance with Chapter 282 of the City
Code.
(b) Protection of significant natural features and areas, including but not limited to trees, views,
watercourses or bodies of water and land forms, on or near the site. The protection of existing
CITY OF ITHACA
108 E. Green St. — Third Floor Ithaca, NY 14850-5690
JoAnn Cornish, Director
DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT
Division of Planning & Economic Development
Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6565
E-Mail: dgrunder@cityofithaca.org
2
mature vegetation, especially trees over eight inches DBH (diameter-breast-height) may be
required unless a justification for their removal can be made by the applicant.
(c) Protection of, and compatibility with, other nearby features and areas of importance to the
community, including but not limited to parks, landmarks, neighborhoods, commercial areas,
and historic districts.
After numerous discussions with Gino Leonardi, the Zoning Administrator for the City, it was
thought that the Planning Board was the more appropriate body to review applications for special
permits since the review criteria was so similar to the site plan and environmental review criteria.
We would like to move this idea forward by circulating it for comment. We will bring any
concerns, comments, or suggestions back to the Planning Committee in February for a decision
on whether or not to move this onto Council for a vote.
I have attached the entire section of the Code, so that you can review the section on special
permits as well as the proposed changes.
If you have any concerns or questions regarding any of this information, feel free to contact me
at 274-6566.
Date: January 8, 2018
Re: Proposal to Authorize the Planning and Development Board to approve the
granting of Special Permits. (Currently the Board of Zoning Appeals has this
authority.)
§ 325-9 Standards for special conditions and special permits.
A.
Intent. The intent of this section is to set forth additional regulations and conditions
which shall apply to certain land uses and activities which are incongruous or sufficiently
unique in terms of their nature, location and effect on the surrounding environment and
the quality of the community to warrant special evaluation of each individual case.
B.
Special conditions. The Director of Planning and Development or designee shall
approve the following uses only when the special conditions specified in this subsection
have been met:
[Amended 1-14-1993 by Ord. No. 93-2; 6-5-2013 by Ord. No. 2013-15[1]]
(1)
[2]Development in R-3 Districts which abut R-1 Districts. The development of
any permitted use in the R-3a or R-3b Zoning Districts, except a one-family dwelling or
a two-family dwelling, shall be subject to the following special conditions if the land on
which the development occurs directly abuts land in either the R-1a or R-1b Zoning
District.
(a)
Minimum lot size (area in square feet): The required area in square feet needed to
satisfy the minimum lot size requirement shall be 150% of the requirement shown on
the District Regulations Chart[3] for the R-3a or R-3b District.
(b)
Maximum building height: The maximum building height requirement shall be the same
as the requirement on the abutting R-1a of R-1b District.
(c)
Maximum percent of lot coverage by buildings: The maximum percent of lot coverage
by buildings shall be 75% of the requirement shown on the District Regulations Chart for
the R-3a or R-3b District.
(d)
Yard dimensions, side or rear yards: The minimum required side or rear yard
requirement shall be 150% of the requirement shown on the District Regulations Chart
Formatted: Font: 12 pt
Formatted: Font: 12 pt, Font color: Auto
Deleted: ¶
for the R-3a or R-3b District if the side or rear yard abuts land in the R-1a or R-1b
District.
C.
Special permits.
(1)
Applicability. The uses listed under the district regulations in §325-8 which require
a special permit from the Planning and Development Board are as follows:
(a)
Cemeteries in all districts.
(b)
Public utility facilities in all residential districts.
(c)
Private schools in all residential districts.
(d)
Nursery schools or child day-care centers in R-2 and R-U Districts.
(e)
Neighborhood retail or service commercial facilities in R-2 and R-3 Districts.
(f)
Hospitals or sanatoriums in R-3 Districts.
(g)
In P-1 Districts, within 200 feet of adjoining residential districts, any use other than
public recreation, classrooms or living accommodations. In such P-1 Districts, living
accommodations within 200 feet of adjoining residential districts shall conform to the
use and area regulations applying to the strictest of such adjoining residential districts.
(h)
Signs in all districts, as provided in the Sign Ordinance.[4]
[Amended 4-1-1981 by Ord. No. 81-2]
(i)
[5]Home occupations in all Residential Zoning Districts require a temporary special
permit unless the home occupation meets all the following criteria:
[Added 4-1-1981 by Ord. No. 81-2; amended 11-4-1992 by Ord. No. 92-16; 12-2-
1998 by Ord. No. 98-30]
Deleted: Board of Appeals
[1]
The occupation does not carry a stock of merchandise or store materials for resale or
use in the occupation, except a reasonable supply of office supplies customarily
incidental to a small office.
[2]
The occupation does not create traffic or need for parking beyond that which is
customarily incidental to the residential use of the property. Factors that are not to be
considered incidental to residential use are regularly scheduled events such as
deliveries, client or customer visits or similar events.
[3]
The occupation requires or performs no exterior alterations and maintains no exterior
display visible from outside the residence (including vehicles with signage parked
outside of the buildings) except a nameplate as permitted by Municipal Code
Chapter 272, Signs.
[4]
The occupation does not create any noise, vibration, smoke, dust or objectionable
effects not customarily incidental and accessory to the residential use of the property.
(j)
In any district, towers or structures for the transmission or receipt of radio or other
electronic communications signals, except towers or structures subject to Article V-A of
this chapter, entitled "Telecommunications Facilities and Services," unless:
[Added 4-1-1981 by Ord. No. 81-2; amended 11-4-1992 by Ord. No. 92-15; 12-3-
2003 by Ord. No. 2003-20]
[1]
The towers or structures are antennas or satellite dishes with a maximum dimension of
six feet or less;
[2]
Such antennas or satellite dishes are not in a front yard;
[3]
The maximum height (top to bottom) of such antenna or satellite dish, when combined
with attached mounting supports, is 10 feet or less; and
[4]
Such antennas or satellite dishes, if they are to be located where they would ordinarily
be visible from a public way adjoining the property, are subject to the following
conditions:
[a]
If in a residential zone or on a lot abutting or across a street or waterway from a
residential zone, they shall be screened from such view.
[b]
In all other locations, they shall be screened from such view or be of a color and/or in a
location that will minimize their visual impact.
(k)
Towers or structures intended for use in the generation of electricity for the premises on
which such tower is located in any district.
[Added 4-1-1981 by Ord. No. 81-2]
(l)
Community or neighborhood gardens in all districts.
[Added 7-10-1985 by Ord. No. 85-6]
(m)
(Reserved)[6]
(n)
Group adult day-care facilities in R-2 Districts.
[Added 5-6-1987 by Ord. No. 87-13]
(o)
Any use not permitted as of right in the I-1 Zoning District.
[Added 11-14-1989 by Ord. No. 89-16]
(p)
Redemption centers in B-2 Districts.
[Added 10-6-1993 by Ord. No. 93-19]
(q)
Bed-and-breakfast homes and bed-and-breakfast inns.
[Added 9-6-1995 by Ord. No. 95-10]
(r)
Neighborhood parking in any district where such parking is permitted.
[Added 6-6-2012 by Ord. No. 2012-03]
(2)
Required plan.
(a)
A plan for the proposed development of a site shall be submitted with an application for
a special permit. The plan shall generally conform to the requirements for presentation
of plans set forth in Ch. 290, Subdivision of Land. It shall show parking areas, traffic
areas, landscaping, building arrangement, the height and number of stories of the
buildings, topography and other pertinent information that may be required by the Board
of Appeals.
(b)
In addition to the plan requirements set forth in Subsection C(2)(a) above, an applicant
for a special permit for a school or related use must provide the following information:
[Added 11-6-1985 by Ord. No. 85-14]
[1]
Information on the nature of the proposed uses to be conducted or facilities to be
located on the premises, including but not limited to the courses of study and subjects to
be offered, the size and composition of the student body to be accommodated, the size
of the faculty and staff required, the daily hours of operation and annual periods of
operation and the type and location of support facilities required.
[2]
Information concerning the type and number of living accommodations which may be
required to serve any increase in the institution's enrollment resulting from the proposed
action, including the location and availability of those accommodations.
[3]
Documentation of the evaluation of suitable alternative sites for the proposed activity,
together with reasoning supporting its preference for the site for which
a special permit is sought.
[4]
Detailed information on the occupant load, night operation and the use of chemical,
biological or radioactive agents expected in connection with the proposed activity.
(3)
Standards applicable to all uses requiring special permits. No special permit shall be
recommended by the Planning and Development Board or granted by the Board of
Appeals unless the proposed use or activity meets the following requirements:
(a)
The location and size of the use, the size of the site in relation to it and the location of
the site with respect to the existing or future streets giving access to it shall be such that
it will be in harmony with the existing or intended character of the neighborhood and will
not discourage the appropriate development of adjacent land and buildings or impair the
enjoyment or value thereof.
(b)
Operations in connection with any special use shall not be more objectionable to nearby
property by reason of noise, fumes, increased vehicular traffic or parking demand,
vibration or flashing lights than would be the operations of any use permitted without
a special permit.
(4)
Specific standards applicable to certain uses requiring special permits. Certain uses
listed in the district regulations in § 325-8 as requiring a special permit must conform to
the applicable conditions set forth in this subsection.
(a)
Neighborhood retail or service commercial facilities in R-2 and R-3 Districts:
[1]
The applicant must furnish information as to the specific goods or services offered and
the nature, size and hours of operation of the facility proposed in sufficient detail to
enable the Board of Appeals to determine whether the use conforms to the limitations
specified in the definition of this category. (See § 325-3.)
[2]
The response of those notified by the appellant as required in the procedures set forth
in § 325-40, as well as that expressed at the public hearing, should be a principal factor
in the Board's decision to grant the special permit.
[Amended 8-5-1992 by Ord. No. 92-9; 12-2-1998 by Ord. No. 98-30]
(b)
Towers or structures for the transmission or receipt of electronic communications
signals in connection with any commercial or business enterprise in any zone except
towers or structures subject to Article V-A of this chapter, entitled "Telecommunications
Facilities and Services:"
[Amended 12-3-2003 by Ord. No. 2003-20]
[1]
Applicants must furnish information on the nature of the business requiring such means
of communication, including reasons why such tower or structure must be located on
the premises in question.
[2]
Applicants shall furnish the Planning Board with scale drawings of the proposal,
including, as a minimum, a plot plan of the premises involved showing lot lines and the
accurate locations of all buildings or structures on the premises and on each adjacent
lot, as well as the locations of the proposed tower and all guy wires, poles or anchors,
and a sketch elevation of the premises accurately depicting the proposed tower and its
relationship to structures on the premises and to the nearest structures on adjacent lots.
[3]
Applicants shall provide sufficient information, including manufacturer's specifications or
engineering data, to assure the Board that the proposed tower or structure will not
unnecessarily obstruct the view from neighboring properties, that the tower support
system meets manufacturer's specifications or engineering requirements and that the
tower and its supports will be adequately safeguarded against structural damage by
persons or vehicles and against unauthorized climbing.
[4]
The response of those notified by the appellant as required in the procedures set forth
in § 325-40, as well as that expressed at the public hearing, should be a principal factor
in the Board's decision to grant the special permit.
[Amended 8-5-1992 by Ord. No. 92-9; 12-2-1998 by Ord. No. 98-30]
(c)
Towers or structures for use in the generation of electricity for use on the premises
where such tower or structure is located in any district:
[Added 4-1-1981 by Ord. No. 81-2]
[1]
Same as Subsection C(4)(b)[2] for radio towers above.
[2]
Same as Subsection C(4)(b)[3] for radio towers above.
[3]
Applicants shall furnish the Board with sufficient information, including manufacturer's
specifications or engineering data, on the mechanical devices and the materials in the
generating structure to indicate that excessive or annoying noise will not be produced
during prolonged operation of the generating machinery and that failure of moving parts
Deleted: Board of Zoning Appeals
during operations will not present a safety hazard to adjoining properties due to flying
debris.
[4]
Same as Subsection C(4)(b)[4] for radio towers.
(d)
Specific standards applicable to schools and related buildings in all residential districts
[R-1 (R-1a and R-1b), R-2 (R-2a, R-2b and R-2c), R-3 (R-3a and R-3b) and R-U].
Notwithstanding the criteria set forth in Subsection C(3) above, which criteria shall not
apply hereto, no special permit shall be granted by the Planning Board unless the
proposed use or activity meets the following requirements:
[Added 11-6-1985 by Ord. No. 85-11; amended 1-8-1990 by Ord. No. 90-2]
[1]
If the proposed use is the expansion of an educational use, then the applicant must
show a need to expand into the residential area rather than into a less-restrictive area.
No special permit shall be granted by the Planning Board unless the applicant can
demonstrate that there is no reasonable alternative to location or expansion on the site
proposed.
[2]
The location and size of the use, the size of the site in relation to it, the operations in
connection with the use and the parking and traffic related to the operations shall not be
such as to create a significant hazard to the safety or general welfare of the surrounding
area.
[3]
The proposed use or operation shall not produce or present substantial danger of
excessive noise, noxious odors, noxious or harmful discharge, fire or explosion,
radiation, chemical or toxic release or other conditions injurious to the health or general
welfare of occupants of nearby properties.
[4]
The size and use of the facility or the concentration with similar facilities in the
neighborhood shall not be so substantially out of proportion to the character of the
neighborhood as to jeopardize the continued use of the neighborhood for residential
purposes.
(e)
Community or neighborhood gardens in all districts:
[Added 7-10-1985 by Ord. No. 85-6]
Deleted: Board of Appeals
Deleted: Board of Appeals
[1]
Applicants shall provide evidence of approval for such use from the owner of the
property on which the gardens are to be located.
[2]
Applications shall provide evidence that the area to be used will at all times be operated
in a responsible manner so as not to present a nuisance to or interfere with the use and
enjoyment of neighboring private or public property. Such evidence shall designate at
least one responsible adult, who shall be a participant in the gardening, a representative
of the sponsoring organization or the owner of the subject property, to administer or
coordinate the operation and to act as a contact person therefor.
[3]
Applications shall be submitted in writing to the Department of Planning, Building and
Development and shall include:
[Amended 6-5-2013 by Ord. No. 2013-15[7]]
[a]
The name, address and phone number(s) of the contact person.
[b]
A description of the refuse disposal procedure to be followed and of the intended use of
organic materials, chemical fertilizers, herbicides and pesticides.
[c]
A site plan showing the proposed locations of all features of the site, including access
point(s) and any of the required parking spaces that may be located on adjacent
property.
Applicants, or the administrator/coordinator of the garden area, shall ensure the
following:
[a]
That the gardening activity on individual plots is confined to the hours of 7:00 a.m. to
10:00 p.m., except that power machinery shall not be operated before 8:00 a.m. or after
8:00 p.m.
[b]
All organic refuse and trash from the gardening operations is promptly and properly
disposed of on at least a weekly basis and that, pending disposition, it is stored neatly in
such a way that it does not produce offensive odors or attract dogs, raccoons or vermin.
[c]
Deleted: ¶
That power or motorized machinery used in preparing and maintaining individual plots is
no larger than that normally used in connection with home gardening, e.g., a typical
walk-behind rototiller.
[d]
That farm tractors or other heavy machinery is not employed on the site except for initial
site development and for annual spring preparation and fall cleanup, if necessary; and
in those instances it shall be operated only between 8:00 a.m. and 6:00 p.m. weekdays.
[e]
That mulch, compost or organic fertilizer employed in the gardening is confined to the
site in a neat and orderly manner and that no fresh manure shall be used or composted.
[f]
That noxious fertilizers or noxious chemicals employed in the gardening are used only
with the knowledge and consent of all gardeners using the site, all adjoining property
owners and, in the event that adjoining properties are rental residential properties, with
the knowledge and consent of the head of each tenant household.
[g]
That no flammable liquids will be stored on the site.
[h]
That noise and odors produced in connection with the gardening activity will be no
greater than those normally associated with home gardening.
[i]
That City residents of the area nearest the site will be given an opportunity to obtain
plots in the allocation of plots on a first priority basis.
[j]
Other City residents will be given an opportunity to obtain plots in the allocation of plots
on a second priority basis.
[k]
That unused portions of the site will be maintained in a neat and orderly manner at all
times.
[l]
That, at the end of each gardening season or within 30 days of revocation of a permit,
whichever occurs first, the entire site will be cleaned and left with a neat appearance.
[5]
In addition, the applicable portions of § 325-15A and C shall be observed.
[6]
In consideration of the fact that such gardens may be of an interim nature, may occupy
only a portion of a parcel and may be located on property unsuited for other
uses permitted under this chapter, the district regulations specified for permitted uses
under § 325-8 of this chapter shall be superseded, where applicable, by the following
regulations for community or neighborhood gardens:
[a]
Minimum lot size: none.
[b]
Width in feet at the street line: none required; however, sites lacking street frontage
shall be accessible to vehicles and pedestrians via a right-of-way of at least eight feet in
width.
[c]
Structures permitted: No structures for human habitation or occupancy shall
be permitted except for a weather shelter for gardeners, which may have a maximum
floor area of 64 square feet. A light accessory structure for storage of gardening
equipment and materials for plant propagation, with a maximum floor area of 64 square
feet, may be erected separately or attached to the weather shelter. If necessary, a well-
housing structure for the production of water for garden use may be erected with
permission of the owner of the site.
[d]
Parking and loading space: At least one off-street space on or immediately adjacent to
the site shall be provided for the use of the gardeners for each 15 individual garden
plots on the site or portion thereof.
[e]
Yard setbacks shall not be required, except that the provisions of §§ 325-
17B and C and 325-25 of this chapter shall apply to any plantings, fences or accessory
structures on the site.
[7]
The response of those notified by the appellant as required in the procedures set forth
in § 325-40, together with any other written comment received by the Board before the
hearing, as well as that comment expressed at the public hearing, with primary
consideration given the wishes of residents living within 200 feet of the property, should
be a principal factor in the Board's decision to grant or deny the special permit.
[Amended 8-5-1992 by Ord. No. 92-9; 12-2-1998 by Ord. No. 98-30]
[8]
In granting a special permit for community or neighborhood gardens, the Board may
prescribe any conditions that it deems necessary or desirable, including but not limited
to additional off-street parking spaces, so that the spirit of this chapter shall be
observed, public safety and welfare secured and substantial justice done.
[9]
Special permits for neighborhood and community gardens shall be reviewed by the
Director of Planning and Development or designee at least annually for compliance with
this section and with any conditions established by the Board. If, following such review
or investigation of any complaint, the Director of Planning and Development or designee
determines that a substantial violation exists, notice of such violation shall be mailed to
the contact person designated in accordance with Subsection C(4)(e)[2] above,
requiring that such violation be corrected within 15 days. If satisfactory correction is not
made, the permit may be revoked by the Director of Planning and Development or
designee. Appeals to such revocation shall be made to the Board as provided in § 325-
41 of this chapter.
[Amended 6-5-2013 by Ord. No. 2013-15[8]]
[10]
Special permits for neighborhood and community gardens shall be revoked
automatically if the site is not used as a community or neighborhood garden, as that
term is defined in § 325-3, for one complete garden season.
(f)
Group adult day-care facilities in R-2 Districts: Applicants shall furnish information
sufficient to describe the scope of the proposed activity, including the size of the
building, the number of clientele, the operating hours, off-street parking availability, the
number of employees and the proximity to other group adult day-care facilities in the
neighborhood. Prior to granting any special permit for such use, the Planning Board
must find that the activity is compatible with the character and quality of the
neighborhood in which it is to be located.
[Added 5-6-1987 by Ord. No. 87-13]
(g)
Bed-and-breakfast homes and bed-and-breakfast inns:
[Added 9-6-1995 by Ord. No. 95-10]
[1]
Deleted: Board of Zoning Appeals
The Planning Board shall only grant a special permit for a bed-and-breakfast home or a
bed-and-breakfast inn (in those districts allowing such uses) if the
following special conditions are met and adhered to during the period the bed-and-
breakfast use is in operation:
[a]
Each such use before it commences must obtain a certificate of occupancy from the
Director of Planning and Development or designee.
[Amended 6-5-2013 by Ord. No. 2013-15[9]]
[b]
A bed-and-breakfast home must be owner-occupied and owner-managed. A bed-and-
breakfast inn must be owner-managed.
[i]
An owner-occupant is an individual who owns at least a 1/2 interest in the real estate on
which the bed-and-breakfast home is located and also owns at least a 1/2 interest in the
business of running the bed-and-breakfast home and who primarily resides in and lives
in the bed-and-breakfast home for at least 80% of the days (in each calendar year)
when the bed-and-breakfast home is open for business as a bed-and-breakfast home.
[ii]
An owner-manager is an individual who owns at least a 1/2 ownership interest in the
real estate on which the bed-and-breakfast home or bed-and-breakfast inn is located
and also owns at least a 1/2 interest in the business of the bed-and-breakfast home or
bed-and-breakfast inn and who is primarily responsible for the management of the bed-
and-breakfast home or bed-and-breakfast inn and is physically present in the bed-and-
breakfast home or bed-and breakfast inn at least once per day for 80% of the days (in
each calendar year) when the bed-and-breakfast home or bed-and-breakfast inn is
open for business.
[c]
Bed-and-breakfast homes or inns in residential zones must be compatible with the
surrounding residential neighborhood. No alterations to the exterior of the house for the
purpose of establishing or expanding bed-and-breakfast operations shall
be permitted except for routine maintenance, alterations not requiring a building permit,
restoration or requirements related to safety or handicapped accessibility. There shall
be no exterior indication of a business, except the one permitted sign as indicated below
and required parking. Drawings illustrating any proposed exterior modifications must be
submitted with the special permit application.
Deleted: Board of Zoning Appeals
[d]
Drawings illustrating any major proposed interior modifications (excluding plumbing,
wiring or other utility work) directly related to establishing or continuing the bed-and-
breakfast use must be submitted with the special permit application. Examples of major
interior modifications are the removal, replacement or installation of staircases or
partitioning walls.
[e]
No cooking facilities are permitted in the individual guest rooms.
[f]
Food service shall only be provided to guests taking lodging in the bed-and-breakfast
home or inn.
[g]
In R-2 Zones, no bed-and-breakfast home may be located on a lot closer than 500 feet
to any other lot containing a bed-and-breakfast home, with only one such
establishment permitted per block face.
[h]
There shall be no more than one sign. Such sign shall not be self-illuminated and shall
not exceed five square feet in area. Additional requirements described in Chapter 272,
entitled "Signs," of this Code shall be met.
[2]
The response of those notified by the appellant as required in the procedures set forth
in § 325-40, as well as that expressed at the public hearing, should be a principal factor
in the Board's decision to grant or deny the special permit.
[Amended 12-2-1998 by Ord. No. 98-30]
[3]
A special permit granted for a bed-and-breakfast home located in an R-2 Zone shall
expire after a period of five years. All the requirements pertaining to the application for
and granting of a first-time special permit for a bed-and-breakfast home shall also apply
to the application for and granting of a renewed special permit for a bed-and-breakfast
home located in an R-2 Zone, including the notification procedures set forth in § 325-
40 and the expiration of such renewed special permit after five years.
[Amended 12-2-1998 by Ord. No. 98-30]
(h)
Temporary special permits for home occupations.
[Added 12-2-1998 by Ord. No. 98-30]
[1]
Spaces in which home occupations are conducted must comply with the New York
State Uniform Fire Prevention and Building Code.
[2]
A home occupation temporary special permit shall be issued for a three-year period.
[3]
The response of those notified by the appellant as required in the procedures set forth
in § 325-40, as well as that expressed at the public hearing, should be a principal factor
in the Board's decision to grant the temporary home occupation special permit.
[4]
Renewals. The renewal of temporary home occupation special permits for additional
three-year periods shall be granted by the Director of Planning and Development or
designee following inspection of the premises by the Department of Planning, Building
and Development, submission of a renewal application form issued by the Department
of Planning, Building and Development and an affidavit stating that the conditions as
originally set forth to the Planning Board have not changed in any way. It is the
responsibility of permit holders to renew their temporary special permits. The Director of
Planning and Development or designee shall determine that the premises still meet the
standards of the New York State Uniform Fire Prevention and Building Code and that
the original qualifying conditions still exist. The Director of Planning and Development or
designee is authorized to charge a fee of $30 for each renewal inspection conducted.
[Amended 6-5-2013 by Ord. No. 2013-15[10]]
[5]
Revocation. The Director of Planning and Development or designee shall revoke
any special permit issued hereunder, should the applicant or the applicant's tenant
violate any provision of this chapter or any condition imposed upon the issuance of
the special permit.
[6]
Periodic review. The Department of Planning, Building and Development shall review
the effects of this section at least every five years to determine the long-term effect on
the residential character of the neighborhoods.
[Amended 6-5-2013 by Ord. No. 2013-15[11]]
[11]
Editor's Note: This ordinance provided for an effective date of 1-1-2014.
(5)
Deleted: Board of Zoning Appeals
Deleted: Building Commissioner
Deleted: (i) ¶
Parking in the Waterfront Zone. Parking areas will
be permitted as a primary use in the Waterfront Zone
WF-1 and WF-2 districts by special permit and only if
they are open to the public or if they are intended to
serve the needs of multiple businesses.¶
[Added 10-5-2011 by Ord. No. 2011-13]¶
In the I-1 Zone, uses other than those permitted under § 325-8 may
be permitted by special permit upon a finding by the Planning Board and concurrence
by the Common Council that such use shall have no negative impact by reason of
noise, fumes, odors, vibration, noxious or toxic releases or other conditions injurious to
the health or general welfare.
[Added 11-14-1989 by Ord. No. 89-16]
D.
The Board shall deny a special permit in all instances where it finds that a proposed use
would have a significant negative impact on traffic, congestion, property values,
municipal services, character of the surrounding neighborhood, or the general plan for
the development of the community. The granting of a special permit may be conditioned
on the effect the use would have on traffic, congestion, property values, municipal
services or the general plan for the development of the community. The applicant may
be required by the Board to submit plans for the site and for parking facilities and to
disclose other features of the applicant's proposed use so as to afford the Board an
opportunity to weigh the proposed use in relation to neighboring land uses and to
cushion any adverse effects by imposing conditions designed to mitigate them. If the
Board finds that the adverse effects cannot be sufficiently mitigated, then the Board
shall deny the special permit.
[Added 7-8-1987 by Ord. No. 87-16; amended 7-1-1998 by Ord. No. 98-11]
Deleted: Board of Zoning Appeals
City of Ithaca
Planning & Economic Development Committee
Wednesday, December 13, 2017 – 6:00 p.m.
Common Council Chambers, City Hall, 108 East Green Street
Minutes
Committee Members Attending: Joseph (Seph) Murtagh, Chair; Cynthia Brock,
Rob Gearhart, Michael Decatur, and Stephen
Smith
Committee Members Absent: None
Other Elected Officials Attending: Mayor Svante Myrick (6:40 p.m.)
Staff Attending: JoAnn Cornish, Director, Planning and
Development Department; Lisa Nicholas,
Deputy Director, Planning and Development
Department; Megan Wilson, Senior Planner;
Jennifer Kusznir, Senior Planner; and Deborah
Grunder, Executive Assistant
Others Attending: John Schroeder, Planning and Development
Board member
Chair Seph Murtagh called the meeting to order at 6:00 p.m.
1) Call to Order/Agenda Review
There were no changes to the agenda.
2) Public Comment and Response from Committee Members
Theresa Alt, spoke on the PUD developments. There is no mention of
inclusionary zoning or affordable housing.
Fay Gougakis, the Commons. She feels much disrespected as a cyclist. This
community does not care about cyclists. There are too many cyclists in the
community and not enough attention to their safety. They fund the painting of the
bicycle racks. There is way too much development being approved but the
community members are not being
JoAnn Cornish stated that the painting of the bike racks were not paid for by the
City. Inclusionary zoning and affordable housing is also being looked at. She
also stated that the new employee hired as the Deputy Director of Economic
Development is not a tourism appointment.
3) Announcements, Updates, and Reports
Megan Wilson gave a brief update on the Parks Master Plan. The plan has been
posted to the City website. The Plan will go to the December 19th Planning and
Development board meeting and then come back to this committee in January.
There has been a fair number of comments received regarding the removal (or
declassification of) some of the smaller parks. The concern is noted and
discussion will continue. She further stated that this plan is simply a
recommendation.
4) Action Items (Voting to send onto Council)
a) Neighborhood Improvement Incentive Fund Application – Northside United
Moved by Alderperson Smith; seconded by Alderperson Gearhart. Carries unanimously.
RESOLUTION: Request for Neighborhood Improvement Incentive Funds for the Northside
Community Celebration, August 2017
WHEREAS, the City of Ithaca Common Council established the Neighborhood Improvement
Incentive Fund in 1995 to provide financial assistance to city residents seeking to
improve the quality of life in their neighborhoods, and
WHEREAS, the fund is intended to support residents' interest in community improvement and to
encourage, not replace volunteerism, and
WHEREAS, the funds are intended to be used for projects or events that provide a general
neighborhood benefit and not for the limited benefit of individuals or a select few
residents, and
WHEREAS, activities specified by the Common Council as eligible for the funding include but are not
limited to neighborhood clean-ups, plantings in public places, and neighborhood events
like block parties or meetings, and
WHEREAS, neighborhood groups are required to submit a completed application specifying other
project donations, estimated volunteer hours, estimated costs to be covered by the fund
and signatures of residents in the immediate neighborhood, and
WHEREAS, to streamline the process the Common Council has delegated authority to approve
applications to the Planning & Economic Development Committee, and
WHEREAS, each neighborhood group is eligible to receive up to $300 per year as a reimbursement
award payable on the submission of original receipts or invoices for approved activities,
and
WHEREAS, the City cannot reimburse residents for sales tax expenses, and
WHEREAS, on behalf of Northside United, Linda Holzbaur has submitted an application for up to
$300 in reimbursement funds to off-set expenses from the annual Northside Community
Celebration, and
WHEREAS, notice of the celebration was circulated throughout the neighborhood via flyers, banners,
the Northside United newsletter, and yard signs, and the event provided an opportunity
for socializing with diverse groups of residents; now, therefore, be it
RESOLVED, that the Planning and Economic Development Committee approves the funding request
from Linda Holzbaur in the amount of $300 for reimbursement upon presentation of
original invoices and/or receipts.
b) Design Guidelines for Collegetown and Downtown
Approval of Collegetown Design Guidelines – Declaration of Lead Agency for
Environmental Review
Moved by Alderperson Smith; seconded by Alderperson Gearhart. Carried
unanimously.
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 adoption of the comprehensive plan is an “Unlisted” Action
under the City of Ithaca Environmental Quality Review Ordinance, and the State
Environmental Quality Review Act and is subject to 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 approval of the Collegetown Design
Guidelines.
Approval of Collegetown Design Guidelines – Determination of Environmental
Significance
Moved by Alderperson Gearhart; seconded by Alderperson Smith. Carried
unanimously.
WHEREAS, the City of Ithaca is considering the approval of the Collegetown Design
Guidelines, and
WHEREAS, appropriate environmental review has been conducted including the
preparation of a Short Environmental Assessment Form (SEAF), dated October 24,
2017, and
WHEREAS, the City of Ithaca Conservation Advisory Council and Tompkins County
Department of Planning and Sustainability have been given the opportunity to comment
on the proposed design guidelines, and no comments have been submitted to date, and
WHEREAS, the proposed action is an “Unlisted” Action under the City Environmental
Quality Review Ordinance and the State Environmental Quality Review Act, and
WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has
reviewed the SEAF 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 in the Short Environmental
Assessment Form, dated October 24, 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.
Alderperson Brock commented that these guidelines are very well done.
Alderperson Smith expressed his concern of the cut threw of current properties.
Alderperson Brock would also like to seek some regulations with the additions of certain
things to properties that may increase the noise as well as the look of these add ons.
We also must be mindful of ADA requirements in these areas.
Alderperson Brock also commented about the properties that may be in the historical
district. The numbers of these properties will definitely increase over the year. She
suggests adding a hyperlink to the document in able to have the most up to date list as
possible.
Mayor Myrick joined the meeting at 6:40 p.m.
Alderperson Smith believes that we need to allow for the development that we have
allowed in the past.
Approval of the Collegetown Design Guidelines
Moved by Alderperson Smith; seconded by Alderperson Gearhart. Carried
unanimously.
WHEREAS, Plan Ithaca, the City’s Comprehensive Plan, calls for the implementation
of design guidelines as a tool to help achieve the plan’s goals of encouraging additional
housing and employment opportunities while preserving the character of established
neighborhoods, and
WHEREAS, the 2009 Collegetown Urban Plan & Conceptual Design Guidelines,
endorsed by the Common Council in 2009, recommended the adoption of a form-based
code and design guidelines for Collegetown, and the Collegetown Area Form Districts,
adopted in 2014, stipulate zoning requirements that promote high -quality architecture
and urban form, and
WHEREAS, the new zoning does not address more detailed design issues, such as
building materials, massing variation, and site design, and the design guidelines will
build upon the existing zoning to address these issues, and
WHEREAS, the City worked with project consultants Winter & Company to prepare
design guidelines for the Collegetown area that:
(1) Build upon existing zoning to promote high-quality construction and urban
design;
(2) Formally establish design expectations for new construction;
(3) Help implement the goals of Plan Ithaca and the 2009 Collegetown Urban
Plan & Conceptual Design Guidelines; and
(4) Add clarity and predictability to the development approval process for
property owners and the Planning and Development Board; and
WHEREAS, Winter & Company worked with a client committee of Common Council
members, Planning Board members, and City staff and sought input from property
owners, neighborhood residents, architects, and other members of the public that
informed the design guidelines, and
WHEREAS, the Collegetown Design Guidelines outline design objectives and provide
ways that the objectives can be met but, unlike zoning, allow a property owner the
flexibility to suggest alternative ways to achieve the same goal, and
WHEREAS, once approved, the design guidelines will serve as the basis for design
review in the Collegetown area and will be implemented through the City’s existing
design review process, as outlined in Chapter 160, Design Review, of the City Municipal
Code, and
WHEREAS, the Planning and Development Board reviewed the Collegetown Design
Guidelines, dated August 2017, at its meeting on November 28, 2017 and
recommended approval of the document with several modifications, and
WHEREAS, the Collegetown Design Guidelines have been reviewed by the Tompkins
County Department of Planning and Sustainability, pursuant to §239-l-m of New York
State General Municipal Law, and have also been distributed for review by the City of
Ithaca Conservation Advisory Council, and
WHEREAS, the Common Council has reviewed the Collegetown Design Guidelines,
dated August 2017, and has considered the modifications recommended by the
Planning and Development Board; now, therefore, be it
RESOLVED, that the Common Council hereby approves the Collegetown Design
Guidelines [with modifications recommended by the Planning and Development Board],
and be it further
RESOLVED, that the Collegetown Design Guidelines shall serve as a guide for the
mandatory design review of any projects within Collegetown area, as required by
Chapter 160, Design Review, of the City Municipal Code.
Approval of Downtown Design Guidelines – Declaration of Lead Agency for
Environmental Review
Moved by Alderperson Brock; seconded by Alderperson Gearhart. Carried
unanimously.
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 adoption of the comprehensive plan is an “Unlisted” Action
under the City of Ithaca Environmental Quality Review Ordinance, and the State
Environmental Quality Review Act and is subject to 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 approval of the Downtown Design
Guidelines.
Approval of Downtown Design Guidelines – Determination of Environmental
Significance
Moved by Alderperson Brock; seconded by Alderperson Gearhart. Carried
unanimously.
WHEREAS, the City of Ithaca is considering the approval of the Downtown Design
Guidelines, and
WHEREAS, appropriate environmental review has been conducted including the
preparation of a Short Environmental Assessment Form (SEAF), dated October 24,
2017, and
WHEREAS, the City of Ithaca Conservation Advisory Council and Tompkins County
Department of Planning and Sustainability have been given the opportunity to comment
on the proposed design guidelines, and no comments have been submitted to date, and
WHEREAS, the proposed action is an “Unlisted” Action under the City Environmental
Quality Review Ordinance and the State Environmental Quality Review Act, and
WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has
reviewed the SEAF 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 in the Short Environmental
Assessment Form, dated October 24, 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.
Approval of the Downtown Design Guidelines
Moved by Alderperson Brock; seconded by Alderperson Gearhart. Carried
unanimously.
WHEREAS, Plan Ithaca, the City’s Comprehensive Plan, calls for the implementation
of design guidelines as a tool to help achieve the plan’s goals of encouraging additional
housing and employment opportunities while preserving the character of established
neighborhoods, and
WHEREAS, Downtown has been and will remain a thriving urban center, and much of
the Downtown area was rezoned in 2013 to further promote a dense, mixed-use urban
core with street-level activity, and
WHEREAS, the new zoning focuses on use and density requirements with very little
regulation of built form, and design guidelines are needed to build upon the zoning to
promote high-quality design and construction as well as sensitivity to the historic context
of Downtown and adjacent residential neighborhoods, and
WHEREAS, the City worked with project consultants Winter & Company to prepare
design guidelines for the Downtown area that:
(1) Build upon existing zoning to promote high-quality construction and urban
design;
(2) Formally establish design expectations for new construction;
(3) Help implement the goals of Plan Ithaca; and
(4) Add clarity and predictability to the development approval process for
property owners and the Planning and Development Board; and
WHEREAS, Winter & Company worked with a client committee of Common Council
members, Planning Board members, and City staff and sought input from property
owners, neighborhood residents, architects, and other members of the public that
informed the design guidelines, and
WHEREAS, the Downtown Design Guidelines outline design objectives and provide
ways that the objectives can be met but, unlike zoning, allow a property owner the
flexibility to suggest alternative ways to achieve the same goal, and
WHEREAS, once approved, the design guidelines will serve as the basis for design
review in the Downtown area and will be implemented through the City’s existing design
review process, as outlined in Chapter 160, Design Review, of the City Municipal Code,
and
WHEREAS, the Planning and Development Board reviewed the Downtown Design
Guidelines, dated August 2017, at its meeting on October 24, 2017 and recommended
approval of the document with several modifications, and
WHEREAS, the Downtown Design Guidelines have been reviewed by the Tompkins
County Department of Planning and Sustainability, pursuant to §239-l-m of New York
State General Municipal Law, and have also been distributed for review by the City of
Ithaca Conservation Advisory Council, and
WHEREAS, the Common Council has reviewed the Downtown Design Guidelines,
dated August 2017, and has considered the modifications recommended by the
Planning and Development Board; now, therefore, be it
RESOLVED, that the Common Council hereby approves the Downtown Design
Guidelines [with modifications recommended by the Planning and Development Board],
and be it further
RESOLVED, that the Downtown Design Guidelines shall serve as a guide for the
mandatory design review of any projects within the Downtown area, as required by
Chapter 160, Design Review, of the City Municipal Code.
5) Action Items (Voting to Circulate)
a) Chainworks Planned Unit Development Jamie Gensel, David West, and ___David Lubin______ provided an update on the Chainworks Planned Unit Development for the group. After their presentation, Alderperson Brock made a motion to circulate which was seconded by Alderperson Smith. Carried unanimously.
The staff will staff will prepare the documents for circulation and schedule a
public hearing for the January 10th Committee meeting.
To: Planning and Economic Development Committee
From: Lisa Nicholas, Deputy Director of Planning & Development
Date: December 8, 2017
RE: Chain Works District Planned Unit Development (PUD) – Draft Code & Design
Guidelines
Please find attached the draft legislation and design guidelines for the proposed Chainworks
District PUD, which will be presented at the December 13, 2017 meeting.
On September 3, 2014 Common Council granted conditional approval to Unchained Properties
LLC for the development of a PUD at the site of the Morse Chain/Emerson Power Facility.
This authorized the applicant to initiate the development approval process, which entails site
plan and environmental review, and to draft zoning for the PUD. The attached schedule
illustrates the milestones that have been completed and an estimates a schedule for those
that are yet to be completed.
The proposed Chainworks District will remediate and redevelop the existing 95 acre former
industrial site, which spans the Ithaca City and Town lines, to create a mix and density of uses
Deleted: Gensel
greater than that allowed as of right within the property’s current zoning. These uses include
up to 915 residential units, offices, commercial, retail, restaurants/cafes,
warehousing/distribution, small business incubator and flex spaces and manufacturing in both
existing and new buildings. The project also includes 24 acres of permanent open space and a
connection to the future Gateway Trail.
If the Committee is in agreement, staff will prepare the documents for circulation and
schedule a public hearing for the January 10th Committee meeting.
Please contact me if you have questions of would like additional information.
lnicholas@cityofithaca.org , 607‐274‐6557.
Attachments:
Estimated Schedule for the Completion of the Environmental Review and Adoption
of the PUD The Chain Works District Planned Unit Development Zoning Code for the
City of Ithaca: §325‐13 Chain Works District Planned Unit Development SCHEDULE A:
DESIGN GUIDELINES‐ Draft
Chain Works District ‐ Estimated Schedule for Completion of Environmental Review and Adoption of Planned Unit Development as of 12‐8‐17 Milestone Completed/Scheduled Planning Committee ‐ Approval to Circulate ProposedPUD July92014 Planning Committee‐ Public Information Session forProposedPUD August5, 2014 Planning Committee‐ Public Hearing for Proposed PUD August13,2014 Council‐ Conditional Approval of Proposed PUD September32014 Planning Board ‐Directs Applicant to Prepare an EnvironmentalImpact Statement October28, 2014 Applicant Submits Draft Generic Environmental ImpactStatement(dGEIS) January26,2016 Planning Board Deems dGEIS Adequate for Public Review March , 2016 Planning Board‐ Public Hearing on DGEIS March29,2016 Planning Board ‐ Review and Response to All dGEISComments April2016 ‐April 2017 Planning Staff & Applicant ‐ Revisions to Draft PUD &DesignGuidelines April‐November 2017 Planning Committee ‐Approval to Circulate PUD Zoning December3, 2017 Planning Committee‐Public Hearing January10,2018 Applicant‐ Submission of Final Environmental Impact Statement February 1, 2018 Planning Committee ‐ Review all Comments and DirectStafftoMakeChanges February14,2018 Planning Committee ‐ Review Revised Code & DesignGuidelines March14,2018 Planning Board ‐ Review FEIS March2018 Planning Board‐FGEIS Resolution of Completion March2018 Planning Committee ‐ Recommendation to Adopt ChainworksDistrictPUD April11.,2018 Planning Board ‐ Adopt FGEIS Findings April24,2018 Common Council ‐ Adoption of Chainworks DistrictPUD May2,2018
b) Expansion of Planned Unit Developments To: Planning and Economic Development Committee From: Jennifer Kusznir, Economic Development Planner Date: December 6, 2017 Re: Proposal to Establish a Planned Unit Development Overlay District The purpose of this memo is to provide information regarding a proposal to establish a Planned Unit Development Overlay District (PUDOD) as shown on the attached map. As part of the recently adopted Waterfront Zoning, the Common Council adopted a resolution which included a statement recognizing that the adopted zoning may not always allow for projects that will be beneficial to the community and recommended that the City consider adopting legislation to allow for PUDs citywide, including in the waterfront districts. A PUD is a tool used to encourage mixed-use or unique single-use projects that require more creative and imaginative land development than is possible under standard zoning district regulations. A PUD allows for flexibility in planning and design, while ensuring efficient investment in public improvements, environmental sensitivity, and protection of community character. It should be used only when long-term community benefits will be achieved through high-quality development, including, but not limited to, reduced traffic demands, greater quality and quantity of public and/or private open space, community recreational amenities, needed housing types and/or mix, innovative designs, and for the protection and/or preservation of natural resources. A PUD project can be residential or nonresidential development, as well as mixed forms of development. In order to ensure that a project will not negatively impact surrounding properties, the creation of a PUD requires an extensive review process, including a public information session, a public hearing, and approval by both the Planning Board and the Common Council. Currently, the City only permits PUD applications for properties zoned industrial. Staff recommends expanding this legislation to allow for proposals in areas of the City where additional development is anticipated, with the exception of areas where established 1 and 2 family neighborhoods exist. Enclosed for your consideration is a draft ordinance. If the Committee is in agreement, staff will circulate the draft ordinance and return next month with any comments that are received. If you have any concerns or questions regarding this information, feel free to contact me at 274-6410.
An Ordinance to Amend the City of Ithaca Municipal Code, Chapter 325, Entitled “Zoning,” Article IV, Section 325-12, in Order to Expand the Area Permitted for Planned Unit Developments (PUDs) ORDINANCE NO. 2014-____ Moved to circulate by Alderperson Brock; seconded by Alderperson Smith. Carried unanimously. The staff will staff will prepare the documents for circulation and schedule a public hearing for the January 10th Committee meeting. WHEREAS, on July 2, 2014, the Common Council adopted legislation allowing for the City to establish Planned Unit Development districts on any property in the City currently zoned for industrial uses, and WHEREAS, on August 2, 2017, the Common Council adopted new zoning for the waterfront districts, which included a statement recognizing that the adopted zoning may not allow for projects that could be beneficial to the community and recommended that the City consider adopting legislation to allow for PUDs throughout the City, including in the waterfront districts, and WHEREAS, A PUD is a tool that allows the Common Council to have flexibility to approve projects that may not fit into the underlying zoning, but may have benefits for the community that outweigh any impacts resulting from not complying with the pre-established regulations for that district, and WHEREAS, in order to allow for potential development that could bring significant benefits to the community, staff has recommended the establishment of the Planned Unit Development Overlay District, which would allow for PUDs in areas of the City where additional development is anticipated, but would protect areas that have established 1 and 2 family residential neighborhoods; now therefore BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 325, Article IV, Section 325-12. of the Municipal Code of the City of Ithaca be amended as follows:
Section 1. Chapter 325, Section 325-5, Zoning Map of the Municipal Code of the City of Ithaca is hereby amended to create a Planned Unit Development Overlay District (PUDOD) to include properties located Within the boundaries displayed on the map entitled “Proposed Boundary for the Planned Unit Development Overlay District (PUDOD)-December 2017”,” a copy of which shall be on file in the City Clerk’s office. Section 2. Chapter 325, Section 325-12.B, entitled “Purpose and Intent”, is hereby amended in order to change the allowable location for a potential PUD, and should read as follows: §325-12. B. Purpose and intent. (1) This legislation is intended to institute procedures and requirements for the establishment and mapping of PUDs, which may be placed in any location approved by the Common Council, as long as it is located within the Planned Unit Development Overlay District (PUDOD), the boundaries of which can be seen on the attached map, “Proposed Boundary for the Planned Unit Development Overlay District (PUDOD) -December 2017”. The PUD is a tool intended to encourage mixed-use or unique single use projects that require more creative and imaginative design of land development than is possible under standard zoning district regulations. A PUD allows for flexibility in planning and design, while ensuring efficient investment in public improvements, environmental sensitivity, and protection of community character. A PUD should be used only when long-term community benefits will be achieved through high quality development, including, but not limited to, reduced traffic demands, greater quality and quantity of public and/or private open space, community recreational amenities, needed housing types and/or mix, innovative designs, and protection and/or preservation of natural resources. (2) Section 325-12 is intended to relate to both residential and nonresidential development, as well as mixed forms of development. There may be uses, now or in the future, which are not expressly permitted by the other terms of this chapter but which uses would not contravene the long-range Comprehensive Plan objectives if they adhere to certain predetermined performance and design conditions. The PUD is intended to be used to enable these developments to occur even though they may not be specifically authorized by the City zoning district regulations.
(3) The PUD is intended to be used in any area located within the PUDOD. Should a proposed project offer community-wide benefits, the Common Council may establish a PUD in order to permit uses not explicitly allowed by the underlying zoning. (4) Areas may be zoned as a PUD by the Common Council. The enactment and establishment of such a zone shall be a legislative act. No owner of land or other person having an interest in land shall be entitled as a matter of right to the enactment or establishment of any such zone. Section 3. Chapter 325, Section 325-12.C, entitled “Establishment and Location”, is hereby amended in order to remove the sentence that states that the PUD is intended to be used in industrial zones, and should read as follows: C. Establishment and location. (1) The intent of a PUD is to create self-contained, architecturally consistent, and compatible buildings, many times with diverse but related uses. The creation of a PUD must entail sufficient review to assure the uses within the zone will have negligible or no significant adverse effects upon properties surrounding the zone. In reaching its decision on whether to rezone to a PUD, the Common Council shall consider the general criteria set forth in this chapter, the most current Comprehensive Plan for the City, and this statement of purpose. (2) No PUD shall be established pursuant to Subsection G (13) of this section unless it is located within the boundaries of the PUDOD. . Section 4. 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 5. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter.
6) Review and Approval of Minutes
a) September 2017
b) November 2017
Alderperson Brock moved to approve September and November 2017; seconded by
Alderperson Smith. Carried unanimously
7) Adjournment
Moved by Alderperson Smith; seconded by Alderperson Brock. Carried
unanimously. The meeting was adjourned at 7:35 p.m.