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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.