HomeMy WebLinkAboutMN-PLED-2017-05-10
Approved at the
June 14, 2017 PEDC Meeting
City of Ithaca
Planning & Economic Development Committee
Wednesday, May 10, 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 (6:00 p.m.)
Staff Attending: JoAnn Cornish, Director, Planning and
Development Department; Jennifer Kusznir,
Senior Planner; Nels Bohn, Director, Ithaca
Urban Renewal Agency (IURA); Deborah
Grunder, Executive Assistant
Others Attending: Alderpersons Fleming, Kerslick, McGonigal, and
Nguyen; and Building Department Director Mike
Niechwiadowicz.
Chair Seph Murtagh called the meeting to order at 6:00 p.m.
1) Call to Order/Agenda Review
Items 6a, Certificate of Compliance Legislation and 6b, Brewpub Legislation, were
moved before Item 5b, Waterfront Zoning in order to accommodate staff in
attendance.
2) Special Order of Business
a) Public Hearing – Waterfront Zoning
Alderperson Brock moved to open the public hearing; seconded by Alderperson
Smith. Carried unanimously.
Rich DePaolo, Town Board member, spoke on the waterfront zoning and its
changes and how it affects the IAWWTF.
Tom Hanna, 215 North Cayuga Street, spoke on the Waterfront Zoning and the
impact on energy.
Approved at the
June 14, 2017 PEDC Meeting
Theresa Alt, spoke on Waterfront Zoning changes. She doesn’t agree with the
lack of housing permitted in the Cherry Street area. She feels this is a good time
to add inclusionary zoning.
Rob Steuteville, 218 Utica Street, Form Ithaca, spoke on waterfront zoning.
David West, 225 Cleveland Avenue, Form Ithaca, spoke on waterfront zoning and
the willing to work with the City.
Alderperson Brock moved to close the public hearing; seconded by Alderperson
Smith. Carried unanimously.
b) Public Hearing – Site-Plan Review Revisions Pertaining to Trees
Alderperson Brock moved to open the public hearing; seconded by Alderperson
Gearhart. Carried unanimously.
No one from the public was present to speak.
Alderperson Gearhart moved to close the public hearing; seconded by Alderperson
Martell. Carried unanimously.
c) Public Hearing – 2017 Action Plan: HUD Entitlement Program
Alderperson Gearhart moved to open the public hearing; seconded by Alderperson
Smith. Carried unanimously.
Mayor Svante Myrick stated that every dollar that is spent is needed. If the current
U.S. administration’s plan is adopted, many of the resources will be taken away.
Alderperson Smith moved to close the public hearing; seconded by Alderperson
Gearhart. Carried unanimously.
3) Public Comment and Response from Committee Members
Fay Gougakis, 171 East State Street, would like the City to revisit the construction
rules and guidelines in the City. She had a very disturbing incident on Easter
Sunday with a window washing company.
4) Updates, Announcements, Reports
Facilities Master Plan
Southside Plan
PROS Consulting will be visiting
Collegetown Design Guidelines
Approved at the
June 14, 2017 PEDC Meeting
5) Action Items (Voting to send onto Council)
a) 2017 Action Plan: HUD Entitlement Program
Alderperson Brock asked whether a letter from Council to Congressman Reed would
help to keep these programs going.
Nels Bohn agreed to send Alderperson Brock with a template of a letter to be used.
Moved by Alderperson Martell; seconded by Alderperson Gearhart. Carried
unanimously.
WHEREAS, the City of Ithaca (City) is eligible to receive an annual formula allocation of funds
to address community development needs through the U.S. Department of Housing & Urban
Development (HUD) Entitlement program from the Community Development Block Grant
(CDBG) and the Home Investment Partnerships (HOME) funding sources, and
WHERAS, the City has contracted with the Ithaca Urban Renewal Agency (IURA) to
administer, implement and monitor the City’s HUD Entitlement program in compliance with
all applicable regulations, and
WHEREAS, on an annual basis an Action Plan must be submitted to HUD to access HUD
Entitlement program funding allocated to the City, and
WHEREAS, the 2017 Action Plan identifies a specific list of budgeted community
development activities to be funded from the 2017 HUD Entitlement program allocation and
associated funds administered by the IURA, and
WHEREAS, funding available to be allocated through the 2017 Action Plan funding process is
anticipated to include the following:
$661,371.00 CDBG 2017 allocation
$160,000.00 CDBG 2017 projected program income
$328,050.00 HOME 2017 allocation
$1,149,421.00 Total, and
WHEREAS, the IURA utilized an open and competitive project selection process for
development of the 2017 Action Plan in accordance with the City of Ithaca Citizen
Participation Plan, and
WHEREAS, at their April 13, 2017 meeting, the IURA adopted a draft 2017 Action Plan; now,
therefore, be it
RESOLVED, that the Common Council for the City of Ithaca hereby adopts the
attached draft Action Plan, dated April 25, 2017, for allocation of the City’s 2017 HUD
Approved at the
June 14, 2017 PEDC Meeting
Entitlement Program award along with additional funds listed above totaling
$1,149,421, and be it further
RESOLVED, that should the actual award of CDBG funds be different from the
anticipated amount, the funding amount for the Economic Development Loan activity
shall be modified, and be it further
RESOLVED, that should the actual award of HOME funds be different from the
anticipated amount, funding for HOME-assisted projects shall be modified on a pro
rata basis, and be it further
RESOLVED, that the City of Ithaca Urban Renewal Plan shall be amended to include
activities included in the adopted 2017 Action Plan.
b) Waterfront Zoning
Jennifer Kusznir identified the changes that were suggested from the Waterfront
working group after the last PEDC meeting that were also identified in the letter
sent with the other waterfront materials.
Alderperson McGonigal stated that the waterfront committee wanted to keep the
Cherry Street zone as is with allowing housing only on the second floors of
buildings.
Chair Murtagh asked about the set back of the railroad idling stations. Kusznir
stated that the working group did not determine a distance.
Mayor Myrick left the meeting at 7:05 p.m.
5/4/17
An Ordinance Amending the Municipal Code of the City Of Ithaca,
Chapter 325, Entitled “Zoning” To Establish New Zoning for the
Waterfront Area ― Declaration of Lead Agency
WHEREAS, State Law and Section 176-6 of the City Code require
that a lead agency be established for conducting environmental
review of projects in accordance with local and state
environmental law, and
WHEREAS, State Law specifies that, for actions governed by local
environmental review, the lead agency shall be that local agency
which has primary responsibility for approving and funding or
carrying out the action, and
WHEREAS, the proposed zoning amendment is a “TYPE I” Action
pursuant to the City Environmental Quality Review (CEQR)
Approved at the
June 14, 2017 PEDC Meeting
Ordinance, which requires environmental review; now, therefore,
be it
RESOLVED, that the Common Council of the City of Ithaca does
hereby declare itself lead agency for the environmental review
of the proposed new zoning for the waterfront area.
Draft Resolution
5/4/17
An Ordinance Amending the Municipal Code of the City Of Ithaca,
Chapter 325, Entitled “Zoning” To Establish New Zoning for the
Waterfront Area ― Declaration of Environmental Significance
1. WHEREAS, The Common Council is considering to adopt new
zoning for the waterfront area, and
2. WHEREAS, the appropriate environmental review has been
conducted, including the preparation of a Full
Environmental Assessment Form (FEAF), dated April 17, 2017,
and
3. WHEREAS, the proposed action is a “TYPE I” Action under the
City Environmental Quality Review Ordinance, and
4. WHEREAS, the Common Council of the City of Ithaca, acting
as lead agency, has reviewed the FEAF prepared by planning
staff; now, therefore, be it
1. RESOLVED, that this Common Council, as lead agency in this
matter, hereby adopts as its own the findings and
conclusions more fully set forth on the Full Environmental
Assessment Form, dated April 17, 2017, and be it further
2. RESOLVED, that this Common Council, as lead agency in this
matter, hereby determines that the proposed action at issue
will not have a significant effect on the environment, and
that further environmental review is unnecessary, and be it
further
3. RESOLVED, that this resolution constitutes notice of this
negative declaration and that the City Clerk is hereby
directed to file a copy of the same, together with any
attachments, in the City Clerk’s Office, and forward the
same to any other parties as required by law.
Approved at the
June 14, 2017 PEDC Meeting
PLANNING COMMITTEE:
An Ordinance Amending the Municipal Code of the City Of Ithaca,
Chapter 325, Entitled “Zoning” To Establish New Zoning for the
Waterfront Area
ORDINANCE NO. ____
1. WHEREAS, on September 2, 2015, the Common Council adopted
Plan Ithaca as Phase I of the City Comprehensive Plan, and
2. WHEREAS, this plan identifies the desired future land uses
in the City, as well as areas where development is
anticipated and encouraged, and identifies community goals
and recommendations for the City, and
3. WHEREAS, on August 17, 2015, the City of Ithaca
Comprehensive Plan Committee submitted a written
recommendation to the City that included developing a plan
for the waterfront as a priority for the next phase of the
City’s Comprehensive Plan, and
4. WHEREAS, in November of 2015, the Planning and Economic
Development Committee of the Common Council directed
Planning Staff to begin working on a waterfront
development plan as a part of the next phase for the
Comprehensive Plan, and
5. WHEREAS, on March 2, 2016, the Common Council adopted
legislation establishing a Temporary Mandatory Planned
Unit Development (TMPUD) in order to provide the Common
Council with transitional oversight for potential
development projects to ensure development in the
waterfront study area supports the goals of the City’s
Comprehensive Plan, while the plan for the waterfront and
the associated new zoning could be established, and
6. WHEREAS, the TMPUD was established for a period of 18
months, during which time the Common Council was charged
with adopting new zoning regulations for the waterfront
area, and
7. WHEREAS, the City Comprehensive Plan identifies the goals
for the Waterfront Mixed Use area as the creation of a
mixed use district, including commercial, and housing,
Approved at the
June 14, 2017 PEDC Meeting
with an emphasis on uses that create an active waterfront
environment, and
8. WHEREAS, the City Comprehensive Plan further notes that
“new development should protect view sheds and allow
public access to the waterfront, and pedestrian and
bicycle connections should be improved, and reducing the
impacts of parking in new development should be carefully
considered, and
9. WHEREAS, in order to develop recommendations for the plan
and for the zoning, the City established a waterfront
working group made up of 17 members of the public and City
Planning Staff, and
10. WHEREAS, the waterfront working group began meeting in
September of 2016 and in December of 2016 they hosted two
open houses in order to solicit additional input from the
public, and
11. WHEREAS, given the deadline of establishing new zoning
prior to the expiration of the TMPUD in August 2017, the
waterfront working group has focused on completing a land
use section of the plan and making recommendations for
future zoning for the Waterfront Study Area, and
12. WHEREAS, using feedback from the public and goals from
Plan Ithaca the working group has completed the land use
section of the draft plan and has used this section to
make recommendations for changes to the current zoning in
the Waterfront Study Area, now therefore be it
RESOLVED, that the Common Council does hereby adopt the Land Use
Chapter of the Waterfront Plan with the intent that the once the
full Waterfront Plan is completed, this chapter will be inserted
as a part of the plan, and
BE IT NOW ORDAINED AND ENACTED by the Common Council of the City
of Ithaca that Chapter 325 of the City Code be amended as
follows:
Section 1. Chapter 325-3B of the Municipal Code of the City of
Ithaca, entitled “Definitions and Word Usage”, is hereby amended
to add the following new definitions:
LIGHT INDUSTRIAL
Fabrication, processing, manufacturing, converting,
altering, assembling or other handling of products that:
A. Does not result in:
Approved at the
June 14, 2017 PEDC Meeting
(1) Dissemination of noise, vibration, odor, dust,
smoke, detectable gas or fumes or their atmospheric
pollutant beyond the boundaries of the property lines in
which such use is conducted;
(2) Unusual hazard of fire, explosion or other
physical danger to any person, building or vegetation;
(3) Radiation or interference with radio or television
reception beyond the boundary of the property;
(4) A harmful discharge of waste material or any other
means of disposal of waste material other than by
delivery to an authorized, off-site treatment facility;
HEAVY INDUSTRIAL
Fabrication, processing, manufacturing, converting,
altering, assembling or other handling of products.
Heavy industrial uses may result in loud noises,
vibrations, or odors. These negative effects must be
mitigated, so that the impacts do not reach beyond the
boundaries of the district where the use is permitted.
HEALTH CARE FACILITY
Health Care Facilities are places that provide health
care services, but are not intended for overnight stay.
Health Care Facilities may include, , clinics,
outpatient care centers, and urgent care facilities.
FOOD PRODUCTION FACILITY
Any facility that is used to transform raw ingredients,
by physical or chemical means, into food or other items
meant for human consumption, or for food into other
forms, including the processing and packaging of the
food items. Food Production Facilities may include, but
are not limited to bakeries, brew pubs, coffee roasters,
wineries, food packaging facilities.
Section 2. Section 325-4 of the Municipal Code of the City of
Ithaca, entitled “Establishment of Districts”, is hereby amended
in order to add the following zoning districts:
WE/WFD West End/Waterfront District
CSD Cherry Street District
ND Newman District
MD Market District
Section 325-4 is further amended to delete the following zoning
districts:
M-1 Marine Commercial
WF-1 Waterfront 1
WF-2 Waterfront 2
Approved at the
June 14, 2017 PEDC Meeting
Section 3. Section 325-8 of the Municipal Code of the City of
Ithaca is hereby amended as follows to establish district
regulations for the new WE/WF District and to amend the District
Regulations Chart as follows:
West End/Waterfront District (WE/WF)
Permitted Primary Uses
1. Any Use Permitted in B-2 Zone, with the exception of
1 and 2 family detached or semi-detached dwellings,
fraternity, sorority or group houses, or dormitories,
or Bed and Breakfast homes-which are not permitted in
the WE-WF District
2. Water Related Light Industrial Uses, including boat
fueling stations
3. Sale, rental, repair or storage, of marine related
recreational equipment such as boats, marine engines,
sails, cabin equipment
4. Parking Garages-Permitted by Special Permit
Specifically Prohibited in the WE/WF District:
Specifically Prohibited: Heavy Industrial Uses, Non
Water Related Light Industrial, 1 and 2 family
detached or semi-detached dwellings, Mobile Homes,
Petroleum Storage, Cemeteries, Casinos, Fueling
Stations, Single Story Self-Storage Facilities, Big
Box Retail, Drive Through Establishments, Large Scale
Breweries, Vehicle Sales and Service, Printing,
Heating, a/c, etc.
Permitted Accessory Uses
1. Any accessory use permitted in the B-2 Zone
2. Boat fueling station
3. Snowmobile sales, service, rental in conjunction with
boat sales, rental or service
4. Parking lot/parking garage
5. Outdoor storage of materials
6. Storage of marine related recreation equipment such
as boats, marine engines, sails, cabin equipment as
it relates to permitted primary uses under zoning
Off Street Parking Requirement
None
Off Street Loading Requirement
None
Minimum Lot Size (SF)
3000
Approved at the
June 14, 2017 PEDC Meeting
Minimum Width in Feet at Street Line
30
Maximum Building Height
Any building not located along the water can have a maximum
building height of 63’ and 5 stories.
Waterfront Stepback Requirement
For any buildings located along the water, the first 10’ of
building facing the water must be between 2-3 stories in
height. After the first 10 feet, buildings may have a
maximum height of 63’ and 5 stories. Any property that
provides a public walkway along the waterfront is exempt
from the stepback requirement and may have a maximum
building height of 63’ and 5 stories.
Approved at the
June 14, 2017 PEDC Meeting
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- 0
Required Minimum Other Side Yard- 0’
Required Minimum Rear Yard- For properties located
along the waterfront, there is a minimum setback of
20' from the top of bank, except for the eastern
side of Inlet Island, where the setback for
buildings is 10’ from the water. However, uncovered
structures such as decks and patios have no setback
from the water. In some areas an additional setback
from the water may be required by the NYS DEC
easement. For properties not located directly
adjacent to the water the minimum rear yard setback
is 10'.
Minimum Building Height
For Water Dependent Uses there is no minimum
building height. For any non-water dependent uses,
buildings must be a minimum of 2 stories in height
Section 4. Section 325-8 of the Municipal Code of the City of
Ithaca is hereby amended as follows to establish district
regulations for the new Cherry Street District (CSD), and to
amend the District Regulations Chart as follows:
Cherry Street District (CSD)
Permitted Primary Uses
1. Any use permitted in the WE-WF District, with the
exception of residential uses on the ground floor of
any building. Residential uses are permitted on
upper stories.
2. Light Industrial Uses
3. Large Scale Breweries
4. Food Production
Specifically Prohibited in the CSD:
Specifically Prohibited: Mobile Homes, Petroleum
Storage, Casinos, Fueling Stations, Single Story
Self-Storage Facilities, Big Box Retail, Drive-thru
Establishments, Cemeteries
Approved at the
June 14, 2017 PEDC Meeting
Permitted Accessory Uses
Any accessory use permitted in the B-2 Zone
Off Street Parking Requirement
None
Off Street Loading Requirement
None
Minimum Lot Size (SF)
3000
Minimum Width in Feet at Street Line
30
Maximum Building Height
63’
5 Stories
Maximum Percentage of Lot Coverage by Buildings
100%, Except for Required Setbacks
Yard Dimensions
Required Minimum Front Yard- No front yard setback
is required, except as necessary to provide a
minimum 5' sidewalk and a preferred 8' tree lawn-
When an 8’ tree lawn is not feasible, the Planning
Board, at their discretion, may reduce the tree lawn
requirement to 5’.
Required Minimum Side Yard- 10’
Required Minimum Other Side Yard- 10’
Required Minimum Rear Yard- For properties located
along the waterfront, there is a minimum setback of
25' from the top of bank. For properties not
located directly adjacent to the water the minimum
rear yard setback is 10'.
Minimum Building Height
For Industrial Uses there is no minimum building
height. For any non-industrial uses buildings must
be a minimum of 2 stories in height
Section 5. Section 325-8 of the Municipal Code of the City of
Ithaca is hereby amended as follows to establish district
regulations for the new Newman District (ND), and to amend the
District Regulations Chart as follows:
Approved at the
June 14, 2017 PEDC Meeting
Newman District (ND)
Permitted Primary Uses
1. Any Use Permitted in B-1 Zone, with the exception of
1 and 2 Family Detached or Semi-Detached Dwellings,
Fraternity, Sorority, or Dormitories, or Bed and
Breakfast homes, and Funeral Homes, and Banks or
Monetary Institutions, which are not permitted in
the Newman District.
2. Retail store or Service Commercial Facility
3. Restaurants, Fast Food Establishment, Tavern, with
the exception of establishments where food or drink
is intended to be served to or consumed by persons in
automobiles
4. Club, Lodge or Private Social Center
5. Theater, Bowling Alley, Auditorium or Other Similar
Place of Public Assembly
6. Hotel/Motel/Boatel
7. Recreational or Cultural Facilities such as a Park,
Playground, Art Museum, fishing pier, or yacht club
8. Public Recreation
9. Sale, Rental, Repair, or Storage of Marine-related
Recreational Equipment, such as boats, marine
engines, sails, cabin equipment, and boat fueling
Permitted Accessory Uses
1. Any accessory use permitted in the WE/WFD Zone,
2. Confectionary, Millinery, dressmaking, and Other
Activities involving Light Hand Fabrication, as well
as sales.
3. Parking Garages
Off Street Parking Requirement
None
Off Street Loading Requirement
None
Minimum Lot Size (SF)
3000
Minimum Width in Feet at Street Line
30
Maximum Building Height
For properties located along the waterfront, the first
12' building facing the water is restricted to have a
maximum building height of 2-3 stories after that the
building may step up to 5' stories. Properties not
Approved at the
June 14, 2017 PEDC Meeting
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 for properties not located
directly adjacent to the water the minimum rear yard
setback is 10'.
Minimum Building Height
25’
2 Stories
Section 6. Section 325-8 of the Municipal Code of the City of
Ithaca is hereby amended as follows to establish district
regulations for the new Market District (MD), and to amend the
District Regulations Chart as follows:
Market District (MD)
Permitted Primary Uses
1. Any use permitted in the Newman District
2. Health Care facilities
3. B&B Inns
4. Confectionary, Millinery, dressmaking, and Other
Activities involving Light Hand Fabrication, as well
as sales.
5. Food Production Facilities
Permitted Accessory Uses
1. Any accessory use permitted in the ND Zone
2. Drive-Thru Banking Services
3. Parking Garages
Off Street Parking Requirement
None
Off Street Loading Requirement
None
Minimum Lot Size (SF)
3000
Approved at the
June 14, 2017 PEDC Meeting
Minimum Width in Feet at Street Line
30
Maximum Building Height
For properties located along the waterfront, the first
12' building facing the water is restricted to have a
maximum building height of 2-3 stories after that the
building may step up to 5' stories. Properties not
located adjacent to the water have a maximum of 5 stories
and 63'
Maximum Percentage of Lot Coverage by Buildings
100%, Except for Required Setbacks
Yard Dimensions
Required Minimum Front Yard- No front yard setback
is required, except as necessary to provide a
minimum 5' sidewalk and an 8' tree lawn
Required Minimum Side Yard- 5’
Required Minimum Other Side Yard- 5’
Required Minimum Rear Yard- For properties located
along the waterfront, there is a minimum setback of
20' from the top of bank. For properties not
located directly adjacent to the water the minimum
rear yard setback is 10'.
Minimum Building Height
25’
2 Stories
Section 7. The City Planning and Development Board, the City
Clerk and the Planning Department shall amend the district
regulations chart in accordance with the amendments made
herewith.
Section 8. Severability. Severability is intended throughout
and within the provisions of this local law. If any section,
subsection, sentence, clause, phrase or portion of this local
law is held to be invalid or unconstitutional by a court of
competent jurisdiction, then that decision shall not affect the
validity of the remaining portion.
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
June 14, 2017 PEDC Meeting
c) Site-Plan Review Revisions Pertaining to Trees
City Forester Jeanne Grace explained the changes she recommends to this
ordinance. Those recommendations are attached to these minutes.
Alderperson McGonigal stated this is a very good idea.
Chair Murtagh commented there is a very good article in the Ithaca Times on this
topic.
Chair Murtagh asked the City Forester what these changes will do to her work
load. She stated that she will have more interaction with the developers and the
ordinance will be available to them at the site-plan review process.
Moved by Alderperson Martell; seconded by Alderperson Brock. Carried
unanimously.
PLANNING COMMITTEE: May 10, 2017
An Ordinance Amending the Municipal Code Of The City Of Ithaca,
Chapter 276, Section 276-7 B. Criteria for Tree Preservation,
Plant Selection and Planting, Site Construction, Plant Materials
and Maintenance
The ordinance to be considered shall be as follows:
ORDINANCE NO.
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF
ITHACA, Chapter 276, Section 276-7 B. Criteria for Tree
Preservation, Plant Selection and Planting, Site Construction,
Plant Materials and Maintenance
BE IT NOW ORDAINED AND ENACTED by the Common Council of the
City of Ithaca that Chapter 276 (Site Plan Review) of the
Municipal Code of the City of Ithaca is hereby amended as
follows:
Section 276-7 B. Criteria for Tree Preservation, Plant Selection
and Planting, Site Construction, Plant Materials and Maintenance
is to be deleted and replaced in its entirety with the following
language:
B. CRITERIA FOR TREE PRESERVATION, PLANT SELECTION AND PLANTING
SITE CONSTRUCTION, PLANT MATERIALS AND MAINTENANCE.
All projects shall provide for adequate types and arrangements of landscaping, both to enhance the
site and to complement the architectural components of the development and to screen or buffer
adjacent uses in public ways. Additional info rmation and guidelines are available in the City’s
forestry master plan, Ithaca's Trees: Master Plan, Inventory & Arboriculture Guidelines for the
Approved at the
June 14, 2017 PEDC Meeting
Public Trees in the City of Ithaca New York (available at:
http://www.cityofithaca.org/DocumentCenter/View/379 . Appendix II of Ithaca’s Trees provides
standard construction details relating to the best practices for tree planting in the City. Where
feasible and applicable, these details should be incorporated into site designs:
“Minimum Spacing for Street Trees”
“Typical Tree Planting in Ordinary Soil”
“Typical Tree and Shrub Planting in Continuous Bed”
“Typical Tree Lawn Planting Detail”
“Structural Soil Break-out Zone from Narrow Tree Lawn to Adjacent
Property”
“Typical Tree Planting Pit with Structural Soil along Sidewalk”
“Typical Tree Planting Island in a Parking Lot with Structural Soil”
“Tree Protection Fencing Detail”
1. PRESERVATION OF EXISTING TREES.
a. Where possible and reasonable, any trees greater than eig ht inches in diameter at
breast height of desirable species and in good health and sound structure, in
consultation with the City Forester, should be retained on the site and protected
during development per the requirements of ANSI A300, Trees and Shrubs Of
Construction Management Standard Part 5 and the Best Management Practices
Managing Trees During Construction, published by the International Society of
Arboriculture. See also Ithaca’s Trees Appendix II: Standard Tree Planting Details
“Tree Protection fencing detail”.
b. The City Forester shall review a pre-construction tree inventory if required. The
Forester may require the developer to survey some trees that lie outside of the
property, as neighboring trees can be negatively impacted by construction. T he
preconstruction tree survey shall include trees on the private property as well as street
trees adjacent to the property and shall note the location of the trees, their species,
DBH (diameter at 4.5’ above grade), and the critical root zone area (CRZ). The CRZ
shall be noted as a radius of 1’ for each diameter inch for trunk at DBH. All trees over
8” in diameter shall be inventoried.
c. The developer shall provide Site Plan Review with a tree preservation plan including
tree protection detail, during construction care (ie mulching, watering), post
construction monitoring and care using the specifications outlined in the ANSI A300
Construction Management Standard Part 5 and the Best Management Practices
Managing Trees During Construction, published by the International Society of
Arboriculture. The tree preservation plan shall show the location of utility work and
the construction work zone where it may conflict with CRZ of preserved trees. Tree
protection fences shall be made of either chain link or wood fence barriers. No plastic
fencing will be allowed.
d. For all city-owned trees, the City Forester will review the plan and make comments
on the proposed protection plan, and submit those comments to Site Plan Review.
For trees in the city right of way, the City Forester will approve the tree protection
plan and issue a tree work permit prior to the issuance of a building permit. The City
Forester may also visit the site during construction to ascertain that the tree
protection plan is being implemented for both trees in the city right of way and trees
on private property.
2. PLANTING SITE SELECTION
Approved at the
June 14, 2017 PEDC Meeting
a. For the planting of trees in the city right of way, the City Forester shall be
consulted regarding specifications governing tree species selection, size, spacing and
method and location of planting. A tree work permit will be required for this work.
b. As a guideline, street trees should:
not be planted within 20 feet from the corner of intersecting streets
not be planted within 35 feet in front of a stop sign
not be planted within 15 feet from hydrants
not be planted within 15 feet from a utility or street light pole
not be planted within 15 feet of a driveway or curb cut
Large or medium trees which mature at 30 feet or taller shall be spaced no
less than 30 feet apart, unless part of a dense screening planting
Small trees which mature at 30 feet tall or less shall be spaced no less than 25
feet apart, unless part of a dense screening planting,
See also Ithaca’s Trees “Site Selection for Tree Planting” and Appendix II: Standard
Tree Planting Details “Minimum Spacing for Street Trees”
c. For planting of trees or shrub in the city right of way or on private property, no tree
or shrub is to be planted directly under or in competition with an existing large
tree, or beneath building overhangs.
3. PLANTING SITE CONSTRUCTION AND PREPARATION
a. Where it is practical to have a tree lawn in the city right of way, tree lawns must be no
less than 6 feet wide, but preferably should be 8 to 12 feet wide
b. Tree pits created in the city right of way, which are surrounded by pavement, shall
have a porous opening of at least 50 square feet (e.g. 6 feet by 8 feet, or 8 feet by 8
feet).
c. For all tree plantings, adequate soil volumes will be required based on the tree species
selected. Large or medium trees which mature at 30 feet or taller shall have a
minimum of 760 cubic feet of soil per tree. Small trees that mature at 30 feet tall or
less shall have a minimum of 335 cubic feet of soil per tree. The opportunity for tree
roots to grow into adjacent green space can be used to help satisfy the soil volume
requirement. See also Ithaca’s Trees Appendix II: Standard tree planting details
“Structural soil breakout zone from narrow tree lawn to adjacent property”
d. For planting of trees or shrubs in the city right of way where existing soil is
determined to be unsuitable by the City Forester, suitable soil must be brought to the
site. This imported soil must adhere to Ithaca’s Trees Appendix I: Specifications
“Planting Soils Specification”. This may require replacing continuous lengths of tree
lawn, where areas have had utility installations and/or compaction from construction
vehicles or material storage.
e. For planting of trees or shrub in the city right of way where new tree lawn, tree pits or
new planting areas are constructed, where previously none existed and there is
removal of pavement to create the planting area, the area will be excavated to a depth
of 2 feet and replaced with suitable soil (Ithaca’s Trees Appendix I: Specifications
“Planting Soils Specification”). The width and length of the soil remediation will be
adequate to reach the recommended soil volumes based on the tree species selected
(see above 3. PLANTING SITE CONSTRUCTION AND PREPARATION c.).
This may require complete replacement of tree lawn soil.
f. Depending on site design and soil conditions, structural soil may be required under
sidewalks and in planting areas contiguous to paved areas. The City Forester and/or
the Director shall work with the applicant to determine the need for structural soil, its
depth and extent of its use. See also Ithaca’s Trees Appendix II: “Structural Soil
Approved at the
June 14, 2017 PEDC Meeting
Break-out Zone from Narrow Tree Lawn to Adjacent Property”, “Typical Tree
Planting Pit with Structural Soil along Sidewalk”, and “Typical Tree Planting Island in
a Parking Lot with Structural Soil”
g. For planting of trees or shrub in the city right of way or on private property, all plants
shall be planted in the appropriate season, generally spring or fall, as decided by the
City Forester.
4. TREE AND SHRUB SPECIES SELECTION AND QUALITY
a. The City Forester and the Shade Tree Advisory Committee will be given the
opportunity to review and make comments on all plant selection s and planting soil
specifications. Use of invasive species should be avoided. Species selection should
consider available soil volume, overhead clearance and specific site conditions. For
further guidance see also Ithaca’s Trees “Tree Selection”
b. For the planting of trees in the city right of way, large trees maturing at a height
greater than 30 feet should be planted in all sites unless there are primary electric
lines overhead or other structural conflicts. Where a conflict exists, trees maturing at
a height of 30 feet or less should be planted.
c. For the planting of trees in the city right of way, adequate soil volume must he
provided based on the tree species selected (also see 3. PLANTING SITE
CONSTRUCTION AND PREPARATION c.)
d. For the planting of trees in the city right of way, when possible, small trees should
have a mature shape and stature so that pedestrians may eventually walk under them.
e. For all tree and shrub plantings, specifications shall adhere to the American Nursery
and Landscape Association ANSI Z60.1 nursery standards. See also Ithaca’s Trees
Appendix I: Specifications “Nursery Stock Quality Guideline Specifications for
Deciduous Street Trees”.
f. For all tree plantings, deciduous trees be at least 1 1/2 inches caliper (diameter at 12
inch above grade) at the time of planting. Size of evergreen trees and shrubs may
vary depending on location and species.
5. PLANTING
a. See also Ithaca’s Trees “Tree Planting”
b. All plant materials shall be installed to the following standards:
All planting beds for shrubs shall to be excavated to a minimum depth of two
feet.
Tree pits in lawn to be excavated to depth of the tree root ball and shall be
three times the width of the root ball in all directions
All trees in lawn areas to receive a 3-inch deep covering of mulch, covering at
least the extent of the root ball. Mulch must remain clear of the trunk of the
tree. See also Ithaca’s Trees Appendix II: Standard tree planting details
“Typical Tree Planting in Ordinary Soil”
B&B trees must have metal cages of the root ball removed prior to planting
and the biodegradable burlap covering the root ball should be pulled down
and removed on at least the top 1/3 of the root ball. The remainder can
remain. If non-biodegradable covering material is used it must be completely
removed from the root ball.
At time of planting the topmost structural root of the root ball should be no
more than a few inches below the finished grade, excess soil should be
removed from the top of the root ball so the trunk flare is clearly visible.
Commented [JG1]: Current code was 6 inch around diameter of
root ball, this is outdated, current BMP is 3x diameter of root ball
Approved at the
June 14, 2017 PEDC Meeting
Guying is not generally required for newly planted trees. Any trees that require
guying will be done using nylon straps (or similar) rather than wire in hose.
Guying must be removed after 1-2 years.
6. MAINTENANCE
a. All newly planted trees should have irrigation bags, which are to be filled weekly
during their first growing season.
b. A two-year guarantee for any tree or shrub is required. Replacement of trees and
shrubs that are dead dying or seriously damaged is required for the first two years
after project completion.
c. The owner shall replace dead, dying and/or seriously damaged plant materials of
the approved site plan, within a reasonable time period during the current (or
immediate next) planting season. Any other damaged or missing elements,
including but not limited to fences, bollards, signs, shrubs, street furniture, etc.,
of the approved plan must be similarly replaced by the owner. This will ensure
that landscaping remains in compliance with the final site plan as approved by
the Planning and Development Board.
7. CHANGES TO APPROVED SITE PLAN
a. Notwithstanding any provision in this chapter or any other City ordinance or
regulation to the contrary, an approved site plan may not be modified without
express written approval of the Planning and Development Board except as
approved by the Director of Planning and Development or designee as specified
herein above.
C. CRITERIA FOR AUTOMOBILE PARKING AREAS. All parking areas shall be designed in
conformance with § 325-20 of the City Ordinance. The Board may make such additional reasonable
stipulations as it deems appropriate to carry out the intention of this chapter.
1. PARKING AREAS IN RESIDENTIAL ZONING DISTRICTS
a. In order to protect the character of residential areas, plans for parking areas with the
capacity of three or more cars within residential zoning districts must conform to
either the setback compliance method or, at the discretion of the Planning Board, the
landscaping compliance method described respectively in § 325 -20E(5)(a) and (b).
Such plans must also comply with all other general and specific standards of § 325 -
20. Where turnarounds, or other maneuvering spaces not required for access to
parking spaces, are provided that meet minimum size for a parking space, they shall
be counted as a parking space for the purposes of this subsection.
2. SCREENING OF PARKING AREAS
a. There shall be screening with a minimum eight-foot-wide planting area or fences
between a motor vehicle parking area and adjacent properties and public ways,
except where there is motor vehicle parking that is shared by more than one property
or where commercial properties abut. In such cases the Board may require
landscaping as it deems appropriate.
Commented [JG2]: This text was copied from the current code.
Should this go in a more general section? I could not find it in
another section so it seems important to have somewhere in the Site
Plan Code section, maybe section B. Tree planting, plant selection
and planting…. Section is not the most logical location?
Commented [JG3]: Current code is 5 ft, has been increased to
8ft to allow ample space for green screen plants to grow and survive
Approved at the
June 14, 2017 PEDC Meeting
3. DIVISION OF LONG ROWS OF PARKING SPACES
a. For parking areas with more than 30 adjacent interior parking spaces in a row,
the design must incorporate planting areas so that there are no more than 10
continuous parking spaces between planting areas.
4. INTERNAL PLANTINGS
a. In motor vehicle parking areas, a minimum of 25% of the interior ground area
(i.e., excluding any peripheral planting area) shall be planting areas that include
trees with a potential mature height of at least 50 feet and a caliper of at least 1½
inches at the time of planting. Interior planting areas shall be a minimum of 8 0 ft2
of porous opening with no dimensions being less than 8 ft. The planter shall be
curbed with a minimum 3ft depth of excavation and shall have a minimum
available soil volume of 760 ft3 of sandy loam soil (which may include structural
soil under adjacent pavement) allotted to each tree. See also Ithaca’s Trees
Appendix I: Specifications “Soil Volume for Trees Surrounded by Pavement”
5. PERVIOUS PAVING
a. Applicants are encouraged to design parking areas with pervious paving when
feasible. Use of pervious paving in combination with structural soil that is accessible
to tree roots, a practice that supports the health and longevity of tree plantings, is
encouraged. See also Ithaca’s Trees Appendix II: “Typical Tree Planting Island in a
Parking Lot with Structural Soil”.
b. If porous pavement is used in conjunction with tree planting, less interior parking
area may be set aside for open tree planting islands.
6) Discussion
a) Certificate of Compliance Legislation (COC)
Alderperson Brock asked what sparked the look at this ordinance.
Alderperson Martell stated that it will allow all tenants to be aware of the
certificate of compliance.
Alderperson Brock asked about the cost of a COC. Mike Niechwiadowicz
stated it depends on the size, number of rooms, etc. It’s not a costly certificate.
Alderperson Kerslick asked for clarification as to where the sticker would be
placed.
Alderperson Nguyen stated that he has been told that landlords want it so that
all are aware of the compliance.
Alderperson Martell moved, Alderperson Brock seconded to move on to
Council. Passed unanimously. With suggested changes – sticker in the
cabinet and/or in common area.
Commented [JG4]: Current version is 12%, suggest increasing
that to 25%, this would help curtail the proliferation of the sea of
parking lots developing South of the city
Approved at the
June 14, 2017 PEDC Meeting
b) Brewpub Legislation
The higher the alcohol content, the higher risk of fire and/or explosion.
Mike doesn’t feel that a high hazard use should be in a residential area. Zoning
and Building code are looked at differently. There are greater hazards in dense
urban environments.
It was agreed with the group to circulate with the changes of the 16%
alcohol or lower and the inclusion of outside storage tanks.
Re: Proposal to Amend Chapter 325, Entitled “Zoning,” to Include Definitions for
Brew Pub, Microbrewery, & Tavern, and Amend Allowable Uses in B-2, B-5, & CBD
Districts
The purpose of this memo is to provide information regarding a proposal to establish
definitions for Brew Pub, Microbrewery, and Tavern, and to establish them as permitted
uses in specific zones.
In November of 2016, staff presented a proposal to add definitions for brew pub,
microbrewery and tavern to the City Code and to add them as allowable uses in certain
zones. This proposal was circulated and discussed again at the January and February
Planning Committee meetings. In response to comments that were received, staff was
asked to expand the definition to include producers of other alcoholic beverages. After
internal staff discussions with Deputy Building Commissioner, Mike Niechwiadowicz,
and Zoning Administrator, Gino Leonardi, staff is recommending that the definitions for
brew pub and microbrewery not be expanded to include other alcoholic beverages.
According to building code, producers of beer and wine are classified as low hazard
factory uses. However, distilleries of beverages with higher alcohol contents are
classified as moderate to high hazard because they have a high flammable and
combustible risk associated with the distillation process. Given these risks associated
with this activity, it is not recommended to allow these uses in dense urban locations.
Mike Niechwiadowicz will attend the Planning Committee meeting to answer questions
about this proposal.
If you have any concerns or questions regarding any of this information, feel free to
contact me at 274-6410.
7) Review and Approval of Minutes
a) April 2017
Moved by Alderperson Smith; seconded by Alderperson Martell. Passed
unanimously.
Approved at the
June 14, 2017 PEDC Meeting
8) Adjournment
Moved by Alderperson Gearhart; seconded by Alderperson Martell. Passed
unanimously. The meeting was adjourned at 8:16 p.m.