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HomeMy WebLinkAboutMN-PLED-2017-04-17 Approved at the May 10, 2017 PEDC Meeting City of Ithaca Planning & Economic Development Committee Wednesday, April 12, 2017 – 6:00 p.m. Common Council Chambers, City Hall, 108 East Green Street Minutes Committee Members Attending: Joseph (Seph) Murtagh, Chair; Josephine Martell, Cynthia Brock, Rob Gearhart, and Steve Smith Committee Members Absent: None Other Elected Officials Attending: Mayor Svante Myrick (7:35 p.m.) Staff Attending: JoAnn Cornish, Director, Planning and Development Department; Jennifer Kusznir, Senior Planner; Lisa Nicholas, Senior Planner; Deborah Grunder, Executive Assistant Others Attending: Steve Flash and Noah Demarest Chair Seph Murtagh called the meeting to order at 6:01 p.m. 1) Call to Order/Agenda Review No changes were made to the agenda. 2) Special Order of Business a) Presentation: “Local Enforcement as the New Frontier: Making a Case for Effective Protection of Human Rights at Home” Karen Bear, Director, Tompkins County Office of Human Rights, stated they are very small, efficient office. They work to promote and protect human rights of Tompkins County residents. They educate and protect. They are involved in enforcement of rules. People can place their complaints with their office and then their office forwards them on to the appropriate entity. Their role is somewhat limited in enforcement. A new local law is being worked on in the area of fair housing standards. There are nine barriers that people can run into. Local enforcement is crucial for many reasons. Many municipalities create their own local laws but sometimes fail to have them approved. Enforcing the laws Approved at the May 10, 2017 PEDC Meeting at the local level helps the communities. They protect what is really important to their community and do not have to rely on the federal government for that enforcement. Source of Income Protection: There is a current draft being worked on regarding this to create a framework of what source of income is. Education and outreach is key. There is a vast amount of laws regarding unlawful discrimination. What has been found is that some landlords will not rent to an individual based on their source of income. The goal of this office is help municipalities educate and enforce the laws that are on their books. Alderperson Brock stated she has always had reservations abo ut this whole voucher process. Those that receive vouchers go through a very complete evaluation process. Often noted in the rules associated with the voucher process are if the tenant is arrested, evicted, etc. these often go undocumented because the authorities don’t do anything about it because it jeopardizes the voucher holder’s future. 3) Public Comment and Response from Committee Members Teresa Halpert, 209 S. Geneva Street, spoke on affordable housing. Affordable housing should be included in all development projects. Theresa Alt, 206 Eddy Street, she seconds everything that Teresa Halpert said. The City promotes density, but in doing so they push the employees out of the City and often across the county line. That requires cars to be used in order to go to work. More cars, more pollution. Shari Korthuis, 502 N. Albany Street, spoke on tax abatements. Rather than build all this new development and offer tax abatements, provide more affordable housing. Why let the landlords dictate the cost of the rents. Stephanie Heslop, 175 Woolf Lane, City Circle and the tax abatement process needs to focus more on the jobs that are created. Minimum wage isn’t enough for hard work. Amanda Kirchgessner, 1471 Jacksonville Road, she works at the State Diner but bought a house out of Ithaca because she cannot afford a house in Ithaca. Don’t give the City away through the CIITAP program. Dan Hoffman, 415 Elm Street, spoke on the Southwest Park area. He cautions the City with the redevelopment of this area. It is the last remaining wetlands in the City. The wooded portion of this area should remain as is. It shouldn’t be used for commercial means. Approved at the May 10, 2017 PEDC Meeting Linda Yannone, 106 ½ E. Lewis Street. It is extremely difficult to find affordable housing. She was able to obtain housing through her church. In her experience, she was able to negotiate her housing rent, but not all have such the same experience. It’s just too expensive to live in Ithaca. Chair Murtagh thanked all who spoke. He pointed out that CIITAP often is used in development of different types rather than affordable housing. He feels that affordable housing is a total different issue and should be dealt with separately. Alderperson Brock also thanked everyone who spoke. Alderperson Martell stated that even though the proposed Certificate of Compliance change doesn’t address the cost of housing it does focus on the safety and health issues of rental housing. 4) Updates, Announcements, Reports  The site-plan ordinance will be brought back next month when a public hearing will take place. The proposed changes were circulated with no comments received to date.  Alderperson Brock reported on the public information sessions regarding the MLK street changes between Flora Avenue and Taughannock Boulevard.  Alderperson Brock also reported on the Disability Advisory Committee’s attempt to help alleviate the closing of pedestrian walkways during construction. 5) Action Items (Voting to send onto Council) a) Electrical Box Murals Resolution to Select Artwork for More Boxes: Another Round of Electrical Box Murals Moved by Alderperson Martell; seconded by Alderperson Gearhart. Passed unanimously. Alderperson Brock suggested that maybe other areas in the City should have these murals done as well. WHEREAS, the City of Ithaca Public Art Commission (PAC) has been established to, among other duties, review and advise the Common Council on proposals for the exhibition and display of public art in the City’s public spaces, and WHEREAS, in 2010, the PAC created a mural and street art program to beautify blank walls within the city while providing local artists from all sections of the community an opportunity to showcase their work, and Approved at the May 10, 2017 PEDC Meeting WHEREAS, the Board of Public Works approved several locations for future murals and street art, including municipal electrical boxes throughout the city, by resolution on May 19, 2010, and WHEREAS, in 2012 the PAC launched a project to beautify 21 municipal electrical boxes through the creation of mini-murals, and a second round of the project was completed in 2014, and WHEREAS, due to the success of the first two projects, the PAC initiated a third round of electrical box murals to be completed in 2016-2017, including the three new electrical boxes installed on the Commons and six locations around the downtown area, and WHEREAS, the project will be funded through a grant from the Community Arts Partnership of Tompkins County and will be budget-neutral to the City, and WHEREAS, the PAC issued a Request for Proposals earlier this year and distributed 6 proposals for public comment, and WHEREAS, the PAC reviewed public comment at its meeting on March 23, 2017 and, after considering the community feedback, voted unanimously to recommend that the Common Council select the artwork submitted by Anna Adler, Marsha Acerra, and the Ithaca Youth Bureau; Shera D’Elia; McKayla Macomber; Zuri Sabir; Copper Santiago; and Richa Sardana to be installed on six electrical boxes in the downtown area; now, therefore, be it RESOLVED, that the City of Ithaca Common Council selects the submissions of the following artists for More Boxes: Another Round of Electrical Box Murals: Anna Adler, Marsha Acerra, and the Ithaca Youth Bureau; Shera D’Elia; McKayla Macomber; Zuri Sabir; Copper Santiago; and Richa Sardana (as recommended by the Public Art Commission and shown in “More Boxes Mural Proposals (2017)”); and be it further RESOLVED, that the selected artists may proceed with the installation of their murals on their appointed electrical box upon the execution of an agreement with the City (as reviewed by the City Attorney). 6) Action Items (Voting to Circulate) a) Waterfront Plan Common Council adopted Plan Ithaca as Phase I of the City Comprehensive Plan in November 2015. The waterfront area was chosen to work on first. The Waterfront Plan Committee have focused their efforts on the land use chapter. Mayor Myrick joined the group at 7:35 p.m. Approved at the May 10, 2017 PEDC Meeting The committee focused their conversation on the decisions of the Waterfront Committee. Questions were asked and addressed of each district. Alderperson Smith moved to circulate; Alderperson Martell seconded it. Carried unanimously. The ordinance will be circulated for comment and be brought back to the May meeting when a public hearing will take place. Mayor Svante Myrick left the meeting at 8:30 p.m. PLANNING COMMITTEE: An Ordinance Amending the Municipal Code of the City Of Ithaca, Chapter 325, Entitled “Zoning” To Establish New Zoning for the Waterfront Area ORDINANCE NO. ____ 1. WHEREAS, on September 2, 2015, the Common Council adopted Plan Ithaca as Phase I of the City Comprehensive Plan, and 2. WHEREAS, this plan identifies the desired future land uses in the City, as well as areas where development is anticipated and encouraged, and identifies community goals and recommendations for the City, and 3. WHEREAS, on August 17, 2015, the City of Ithaca Comprehensive Plan Committee submitted a written recommendation to the City that included developing a plan for the waterfront as a priority for the next phase of the City’s Comprehensive Plan, and 4. WHEREAS, in November of 2015, the Planning and Economic Development Committee of the Common Council directed Planning Staff to begin working on a waterfront development plan as a part of the next phase for the Comprehensive Plan, and 5. WHEREAS, on March 2, 2016, the Common Council adopted legislation establishing a Temporary Mandatory Planned Unit Development (TMPUD), in order to provide the Common Council with transitional oversight for potential development projects in order to ensure that development in the waterfront study area supports the goals of the City’s Comprehensive Plan, while the plan for the waterfront and the associated new zoning could be established, and Approved at the May 10, 2017 PEDC Meeting 6. WHEREAS, the TMPUD was established for a period of 18 months, during which time the Common Council was charged with adopting new zoning regulations for the waterfront area, and 7. WHEREAS, the City Comprehensive Plan identifies the goals for the Waterfront Mixed Use area as the creation of a mixed use district, including commercial, and housing, with an emphasis on uses that create an active waterfront environment, and 8. WHEREAS, the City Comprehensive Plan further notes that “new development should protect view sheds and allow public access to the waterfront, and pedestrian and bicycle connections should be improved, and reducing the impacts of parking in new development should be carefully considered, and 9. WHEREAS, in order to develop recommendations for the plan and for the zoning, the City established a waterfront working group made up of 17 members of the public and City Planning Staff, and 10. WHEREAS, the waterfront working group began meeting in September of 2016 and in December of 2016 they hosted two open houses in order to solicit additional input from the public, and 11. WHEREAS, given the deadline of establishing new zoning prior to the expiration of the TMPUD in August 2017, the waterfront working group has focused on completing a land use section of the plan and making recommendations for future zoning for the Waterfront Study Area, and 12. WHEREAS, using feedback from the public and goals from Plan Ithaca the working group has completed the land use section of the draft plan and has used this section to make recommendations for changes to the current zoning in the Waterfront Study Area, now therefore be it RESOLVED, that the Common Council does hereby adopt the Land Use Chapter of the Waterfront Plan with the intent that the once the full Waterfront Plan is completed, this chapter will be inserted as a part of the plan, and BE IT NOW ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 325 of the City Code be amended as follows: Approved at the May 10, 2017 PEDC Meeting Section 1. Chapter 325-3B of the Municipal Code of the City of Ithaca, entitled “Definitions and Word Usage”, is hereby amended to add the following new definitions: LIGHT INDUSTRIAL Fabrication, processing, manufacturing, converting, and altering, assembling or other handling of products that: A. Does not result in1: (1) Dissemination of noise, vibration, odor, dust, smoke, detectable gas or fumes or their atmospheric pollutant beyond the boundaries of the property lines in which such use is conducted; (2) Unusual hazard of fire, explosion or other physical danger to any person, building or vegetation; (3) Radiation or interference with radio or television reception beyond the boundary of the property; (4) A harmful discharge of waste material or any other means of disposal of waste material other than by delivery to an authorized, off-site treatment facility; or HEAVY INDUSTRIAL Fabrication, processing, manufacturing, converting, altering, assembling or other handling of products. Heavy industrial uses may require outdoor storage of raw materials and large equipment. Heavy industrial uses may result in loud noises, vibrations, or odors. These negative effects must be mitigated, so that the impacts do not reach beyond the boundaries of the district where the use is permitted. HEALTH CARE FACILITY Health Care Facilities are places that provide health care services, but are not intended for overnight stay. Health Care Facilities may include, medical offices, clinics, outpatient care centers, and urgent care facilities. FOOD PRODUCTION FACILITY Any facility that is used to transform raw ingredients, by physical or chemical means, into food or other items meant for human consumption, or for food into other forms, including the processing and packaging of the food items. Food Production Facilities may include, but are not limited to bakeries, brew pubs, coffee roasters, wineries, food packaging facilities. Approved at the May 10, 2017 PEDC Meeting Section 2. Section 325-4 of the Municipal Code of the City of Ithaca, entitled “Establishment of Districts”, is hereby amended in order to add the following zoning districts: WE/WFD West End/Waterfront District CSD Cherry Street District ND Newman District MD Market District Section 325-4 is further amended to delete the following zoning districts: M-1 Marine Commercial WF-1 Waterfront 1 WF-2 Waterfront 2 Section 3. Section 325-8 of the Municipal Code of the City of Ithaca is hereby amended as follows to establish district regulations for the new WE/WF District and to amend the District Regulations Chart as follows: West End/Waterfront District (WE/WF) Permitted Primary Uses 1. Any Use Permitted in B-2 Zone, with the exception of 1 and 2 family detached or semi-detached dwellings, fraternity, sorority or group houses, or dormitories, or Bed and Breakfast homes-which are not permitted in the WE-WF District 2. Water Related Light Industrial Uses, including boat fueling stations 3. Sale, rental, repair or storage, of marine related recreational equipment such as boats, marine engines, sails, cabin equipment 4. Parking Garages-Permitted by Special Permit Specifically Prohibited in the WE/WF District: Specifically Prohibited: Heavy Industrial Uses, Non Water Related Light Industrial, 1 and 2 family detached or semi-detached dwellings, Mobile Homes, Petroleum Storage, Cemeteries, Casinos, Fueling Stations, Single Story Self-Storage Facilities, Big Box Retail, Drive Through Establishments, Large Scale Breweries, Vehicle Sales and Service, Printing, Heating, a/c, etc. Permitted Accessory Uses 1. Any accessory use permitted in the B-2 Zone 2. Boat fueling station Approved at the May 10, 2017 PEDC Meeting 3. Snowmobile sales, service, rental in conjunction with boat sales, rental or service 4. Parking lot/parking garage 5. Outdoor storage of materials 6. Storage of marine related recreation equipment such as boats, marine engines, sails, cabin equipment as it relates to permitted primary uses under zoning Off Street Parking Requirement None Off Street Loading Requirement None Minimum Lot Size (SF) 3000 Minimum Width in Feet at Street Line 30 Maximum Building Height 63’ 5 Stories Maximum Percentage of Lot Coverage by Buildings 100%, Except for Required Setbacks Yard Dimensions Required Minimum Front Yard- No front yard setback is required, except as necessary to provide a minimum 5' sidewalk and an 8' tree lawn Required Minimum Side Yard- 5’ Required Minimum Other Side Yard- 5’ Required Minimum Rear Yard- For properties located along the waterfront, there is a minimum setback of 20' from the top of bank. In some areas an additional setback from the water may be required by the NYS DEC easement. For properties not located directly adjacent to the water the minimum rear yard setback is 10'. Minimum Building Height For Water Dependent Uses there is no minimum building height. For any non-industrial uses buildings must be a minimum of 2 stories in height Section 4. Section 325-8 of the Municipal Code of the City of Ithaca is hereby amended as follows to establish district Approved at the May 10, 2017 PEDC Meeting regulations for the new Cherry Street District (CSD), and to amend the District Regulations Chart as follows: Cherry Street District (CSD) Permitted Primary Uses 1. Any use permitted in the WE-WF District 2. Light Industrial Uses 3. Large Scale Breweries 4. Food Production Specifically Prohibited in the CSD: Specifically Prohibited: Mobile Homes, Petroleum Storage, Casinos, Fueling Stations, Single Story Self-Storage Facilities, Big Box Retail, Drive-thru Establishments, Cemeteries Permitted Accessory Uses Any accessory use permitted in the B-2 Zone Off Street Parking Requirement None Off Street Loading Requirement None Minimum Lot Size (SF) 3000 Minimum Width in Feet at Street Line 30 Maximum Building Height 63’ 5 Stories Maximum Percentage of Lot Coverage by Buildings 100%, Except for Required Setbacks Yard Dimensions Required Minimum Front Yard- No front yard setback is required, except as necessary to provide a minimum 5' sidewalk and a preferred 8' tree lawn- When an 8’ tree lawn is not feasible, the Planning Board, at their discretion, may reduce the tree lawn requirement to 5’. Required Minimum Side Yard- 10’ Required Minimum Other Side Yard- 10’ Required Minimum Rear Yard- For properties located along the waterfront, there is a minimum setback of Approved at the May 10, 2017 PEDC Meeting 25' from the top of bank. For properties not located directly adjacent to the water the minimum rear yard setback is 10'. Minimum Building Height For Industrial Uses there is no minimum building height. For any non-industrial uses buildings must be a minimum of 2 stories in height Section 5. Section 325-8 of the Municipal Code of the City of Ithaca is hereby amended as follows to establish district regulations for the new Newman District (ND), and to amend the District Regulations Chart as follows: Newman District (ND) Permitted Primary Uses 1. Any Use Permitted in B-1 Zone, with the exception of 1 and 2 Family Detached or Semi-Detached Dwellings, Fraternity, Sorority, or Dormitories, or Bed and Breakfast homes, and Funeral Homes, and Banks or Monetary Institutions, which are not permitted in the Newman District. 2. Retail store or Service Commercial Facility 3. Restaurants, Fast Food Establishment, Tavern, with the exception of establishments where food or drink is intended to be served to or consumed by persons in automobiles 4. Club, Lodge or Private Social Center 5. Theater, Bowling Alley, Auditorium or Other Similar Place of Public Assembly 6. Hotel/Motel/Boatel 7. Recreational or Cultural Facilities such as a Park, Playground, Art Museum, fishing pier, or yacht club 8. Public Recreation 9. Sale, Rental, Repair, or Storage of Marine-related Recreational Equipment, such as boats, marine engines, sails, cabin equipment Permitted Accessory Uses 1. Any accessory use permitted in the WE/WFD Zone, 2. Confectionary, Millinery, dressmaking, and Other Activities involving Light Hand Fabrication, as well as sales. 3. Parking Garages Off Street Parking Requirement None Approved at the May 10, 2017 PEDC Meeting Off Street Loading Requirement None Minimum Lot Size (SF) 3000 Minimum Width in Feet at Street Line 30 Maximum Building Height For properties located along the waterfront, the first 12' building facing the water is restricted to have a maximum building height of 2-3 stories after that the building may step up to 5' stories. Properties not located adjacent to the water have a maximum of 5 stories and 63' Maximum Percentage of Lot Coverage by Buildings 100%, Except for Required Setbacks Yard Dimensions Required Minimum Front Yard- No front yard setback is required, except as necessary to provide a minimum 5' sidewalk and a preferred 8' tree lawn. Required Minimum Side Yard- 5’ Required Minimum Other Side Yard- 5’ Required Minimum Rear Yard- For properties located along the waterfront, there is a minimum setback of 20' from the top of bank. In some areas additional setback from the water may be required by the NYS DEC easement. For properties not located directly adjacent to the water the minimum rear yard setback is 10'. Minimum Building Height 25’ 2 Stories Section 6. Section 325-8 of the Municipal Code of the City of Ithaca is hereby amended as follows to establish district regulations for the new Market District (MD), and to amend the District Regulations Chart as follows: Market District (MD) Permitted Primary Uses 1. Any use permitted in the Newman District 2. Health Care facilities 3. B&B Inns Approved at the May 10, 2017 PEDC Meeting 4. Confectionary, Millinery, dressmaking, and Other Activities involving Light Hand Fabrication, as well as sales. 5. Food Production Facilities Permitted Accessory Uses 1. Any accessory use permitted in the ND Zone 2. Drive-Thru Banking Services 3. Parking Garages Off Street Parking Requirement None Off Street Loading Requirement None Minimum Lot Size (SF) 3000 Minimum Width in Feet at Street Line 30 Maximum Building Height For properties located along the waterfront, the first 12' building facing the water is restricted to have a maximum building height of 2-3 stories after that the building may step up to 5' stories. Properties not located adjacent to the water have a maximum of 5 stories and 63' Maximum Percentage of Lot Coverage by Buildings 100%, Except for Required Setbacks Yard Dimensions Required Minimum Front Yard- No front yard setback is required, except as necessary to provide a minimum 5' sidewalk and an 8' tree lawn Required Minimum Side Yard- 5’ Required Minimum Other Side Yard- 5’ Required Minimum Rear Yard- For properties located along the waterfront, there is a minimum setback of 20' from the top of bank. In some areas additional setback from the water may be required by the NYS DEC easement. For properties not located directly adjacent to the water the minimum rear yard setback is 10'. Minimum Building Height 25’ 2 Stories Approved at the May 10, 2017 PEDC Meeting Section 7. The City Planning and Development Board, the City Clerk and the Planning Department shall amend the district regulations chart in accordance with the amendments made herewith. Section 8. Severability. Severability is intended throughout and within the provisions of this local law. If any section, subsection, sentence, clause, phrase or portion of this local law is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portion. Section 9. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. Approved at the May 10, 2017 PEDC Meeting 7) Discussion a) Certificate of Compliance Ordinance (COC) Alderperson Martell stated that the current ordinance in being reviewed. New wording may be added to include that COCs must be current before renting and that this information be made available to potential tenants. b) Potential Sale of Land in Southwest Park The purpose of this discussion was to familiarize the committee as to what exactly is allowed and/or how much surplus land is available to develop or sell. JoAnn Cornish and Lisa Nicholas walked the committee through the different maps that show how the site is broken up and how many acres are available for different areas. Alderperson Martell stated she has some reservations to develop this site because of the importance to the community of the undisturbed areas. Alderperson Gearhart stated we would have to really weigh the benefits of developing this site. 8) Review and Approval of Minutes a) March 2017 Moved by Alderperson Smith; seconded by Alderperson Martell. Passed unanimously. 9) Adjournment Moved by Alderperson Gearhart ; seconded by Alderperson Smith. Passed unanimously. The meeting was adjourned at 9:00 p.m.