HomeMy WebLinkAboutMN-PLED-2017-06-14
Approved at the
July 12, 2107 PEDC Meeting
City of Ithaca
Planning & Economic Development Committee
Wednesday, June 14, 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: Alderperson Nguyen and McGonigal
Staff Attending: JoAnn Cornish, Director, Planning and
Development Department; Jennifer Kusznir,
Senior Planner; Deborah Grunder, Executive
Assistant
Others Attending:
Chair Seph Murtagh called the meeting to order at 6:00 p.m.
1) Call to Order/Agenda Review
There were not changes made to the agenda.
2) Special Order of Business
a) Public Hearing – Zoning Amendments Regarding Beverage Producers
Alderperson Gearhart moved to open the public hearing; seconded by Alderperson
Smith. Carried unanimously.
Faye Gougakis, spoke against the zoning changes for the beverage producers.
Alderperson Martell moved to close the public hearing; seconded by Alderperson
Smith. Carried unanimously.
b) Public Hearing – Site-Plan Review Revisions Pertaining to Trees
Alderperson Gearhart moved to open the public hearing; seconded by Alderperson
Smith. Carried unanimously.
Approved at the
July 12, 2107 PEDC Meeting
There was no one from the public to speak on this topic.
Alderperson Martell moved to close the public hearing; seconded by Alderperson
Smith. Carried unanimously.
3) Public Comment and Response from Committee Members
Teresa Halpert, 209 S. Geneva Street, thanked the committee for all the work that
has been done on the Waterfront Zoning changes.
Theresa Alt, spoke on the Waterfront Zoning. When making changes to zoning the
City must look at affordable housing. As for the other zoning topics on the agenda,
there is an urgent need for housing. Also look at grocery stores, laundromats, etc.
Faye Gougakis, The Commons, spoke regarding the concert noise on the
Commons. Police are called, but they do nothing.
Alderperson Brock stated that Faye does bring up a very good topic of concern.
The noise ordinance does not take care of the music played at the local bars each
night or weekend. She also stated all Common Council members do what they do
for the good of the City. She thanks everyone for their work.
Chair Murtagh spoke on the noise ordinance. He is aware of the problems with
the noise and it’s time to re-look at the language in the current ordinance.
Alderperson Martell thanked Theresa Alt for her comments regarding affordable
housing.
4) Updates, Announcements, Reports
Dredging – construction documents are worked on for the desettlement of the
dredged spoils. Cornish further stated that the spoils will take up about 1/3 of the
site.
Cascadilla Creek Dredging – wastewater treatment area is being considered for
the waterfront berm. This is preliminary.
Public Art Commission – A proposal for a mural on the west face Dryden Road
has been brought forward. This information will be forthcoming.
Bicycle Racks - There is a community-wide contest to improve the bicycle racks.
Approved at the
July 12, 2107 PEDC Meeting
5) Action Items (Voting to send onto Council)
a) Zoning Amendments Regarding Beverage Producers
An Ordinance Amending The Municipal Code Of The City Of Ithaca,
Chapter 325, Entitled “Zoning,” to Include Definitions for Urban
Beverage Producer, Large Beverage Producer, & Tavern, and Amend
Allowable Uses in B-2, B-5, & CBD Districts – Declaration of Lead
Agency
Alderperson Brock moved; seconded by Alderperson Smith. Carried
unanimously.
WHEREAS, State Law and Section 176-6 of the City Code require that
a lead agency be established for conducting environmental review
of projects in accordance with local and state environmental law,
and
WHEREAS, State Law specifies that for actions governed by local
environmental review, the lead agency shall be that local agency
which has primary responsibility for approving and funding or
carrying out the action, and
WHEREAS, the proposed zoning amendment is a “Type I" Action
pursuant to the City of Ithaca Environmental Quality Review
Ordinance, (CEQR), §176-4 which requires review under CEQR; now,
therefore, be it
RESOLVED, that Common Council of the City of Ithaca does hereby
declare itself lead agency for the environmental review for the
adoption of amendments to The Municipal Code of the City Of
Ithaca, Chapter 325, Entitled “Zoning,” to Include Definitions for
Urban Beverage Producer, Large Beverage Producer, & Tavern, and to
amend the Allowable Uses in B-2, B-5, & CBD Districts.
Approved at the
July 12, 2107 PEDC Meeting
An Ordinance Amending The Municipal Code Of The City Of
Ithaca, Chapter 325, Entitled “Zoning,” to Include
Definitions for Urban Beverage Producer, Large Beverage
Producer & Tavern, and Amend Allowable Uses in B-2, B-5, &
CBD Districts – Declaration of Environmental Significance
Moved by Alderperson Martell; seconded by Alderperson
Brock. Carried unanimously.
1. WHEREAS, The Common Council is considering a proposal to
amend the Municipal Code of the City Of Ithaca, Chapter
325, Entitled “Zoning,” To include definitions for Urban
Beverage Producer, Large Beverage Producer, and Tavern, and
also to amend the allowable uses in the B-2, B-5, and CBD
zones, and
2. WHEREAS, the appropriate environmental review has been
conducted, including the preparation of a Full
Environmental Assessment Form (FEAF), dated May 21, 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 May 21, 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
July 12, 2107 PEDC Meeting
ORDINANCE NO. ____
Moved by Alderperson Martell; seconded by Alderperson Brock. Carried unanimously.
Alderperson Brock asked why we included the definition of tavern.
Jennifer Kusznir stated the City doesn’t have the definition of a tavern so this is for
information only.
Alderperson Brock moved to modify section II allowing the large breweries in industrial
zones, correct wording regarding the height to make it more clear, and clarify the
gallons and barrels difference; seconded by Martell. Carried unanimously.
ORDINANCE NO. ____
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that
Chapter 325, Zoning, be amended as follows:
Section 1. Section 325-3B, entitled, “Definitions and Word Usage,” is hereby
amended to add the following definitions:
Urban Beverage Producer — An establishment licensed by the State of New
York to sell beverages containing less than 16% alcohol(whether beer,
cider, wine) at retail with limited manufacturing and wholesale
privileges. An urban beverage manufacture may not produce more than
5,000 barrels (beer) or 75,000 gallons (wine, cider, other beverages)
of alcoholic beverages annually at any location. An urban beverage
producer must offer on-site consumption, but may also produce beverages
for off-site sale. An urban beverage producer may also have a
restaurant in or adjacent to it, as permitted by law. Any silos for
storage of raw materials may not exceed 25 feet in height (including
any supporting structures) in areas where there is no fire department
ladder truck access, and a may not exceed 40 feet in height (including
any supporting structures) in areas where there is fire department
ladder truck access. In addition, silos must contain some sort of
filtration to prevent grain or dust from escaping when the silo is
being filled or emptied.
Large Beverage Producer — An establishment licensed by the State of New
York to manufacture alcohol (whether beer, cider, wine and/or liquor)
with wholesale and retail privileges. A Large Producer may not produce
more than 75,000 barrels (beer) or 250,000 gallons (wine, cider, other
beverages) of alcoholic beverages annually at any location. A Large
Producer may have a restaurant in or adjacent to it, as permitted by
law. Any silos for storage of raw materials must be no more than 25
feet in height (including any supporting structures) for areas where
there is no fire department ladder truck access, and a maximum of 40
feet in height (including any supporting structures) in areas where
there is fire department ladder truck access. In addition, silos must
contain some sort of filtration to prevent grain or dust from escaping
when the silo is being filled or emptied.
Deleted: 15
Approved at the
July 12, 2107 PEDC Meeting
Tavern — An establishment for the sale of beer and other alcoholic
beverages to be consumed on the premises, sometimes also serving food.
Section 2. Section 325-8 of the Municipal Code of the City of Ithaca,
entitled District Regulations, is hereby amended in order to add Urban
Beverage producer as an allowable primary use in the B-2a district and a
Large Beverage Producer as an allowable use in the I-1 district.
Section 3. Section 325-8 of the Municipal Code of the City of Ithaca,
entitled District Regulations, is further amended to add the following
allowable accessory use in the B-2 zones: Incidental parking for any uses
allowed in any of the B2 zones.
Section 4. 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 5. 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 6. Effective date. This ordinance shall take effect immediately and
in accordance with law upon publication of notices as provided in the Ithaca
City Charter.
6) Action Items (Voting to send on to Council)
a) Downtown Street-Level Active Uses
An Ordinance Amending The Municipal Code Of The City Of
Ithaca, Chapter 325, Entitled “Zoning,” To Expand the Ground
floor Active Use Zone
ORDINANCE NO. ____
Moved by Alderperson Brock; seconded by Alderperson Smith. Carried
unanimously. The ordinance will be circulated and be brought back to the July
meeting.
Alderperson Smith stated he is in favor of this particularly in the secondary
Commons and Collegetown.
Alderperson Nguyen has concerns that East State Street and East Green Street will
be dead on the south side of each of these streets. He would like to see the area go
further on East State Street.
Deleted: B-5
Approved at the
July 12, 2107 PEDC Meeting
BE IT ORDAINED AND ENACTED by the Common Council of the City
of Ithaca that Chapter 325, Zoning, be amended as follows:
Section 1. Chapter 325 (“Zoning”), Section 325-8D(3).(“Zoning
Regulations-Additional Restriction in the CBD Districts”) of
the Municipal Code of the City of Ithaca is hereby amended to
read as follows:
(3) All properties located in the CBD district that contain a storefront that fronts
on the Primary Commons must contain an active use on the street level for that
portion of the building that fronts onto the Primary Commons. Additionally, all
properties that front on the Secondary Commons, as defined in Section 157-3 if
the City Code, along with properties fronting on the North side of Green Street
between Geneva Street and the Tuning Fork, must also contain active use on the
street level for the portions of the building that front onto the street. Non-active
uses are prohibited on the storefronts that front on the Primary Commons.
Examples of non-active uses include, but are not limited to, any residential uses or
commercial activities that have blocked windows. The boundaries of the ground
floor active use zone are shown on the map, entitled “Proposed Boundary For
Mandatory Ground Floor Active Use Zone-May 2017”
(a) "Active uses" are defined as uses that encourage high levels of
pedestrian activity and enliven the streetscape, and create well -lit
spaces with ample visibility into the storefront area. Active uses include,
but are not limited to, the following:
[1] Retail store or service commercial facility.
[2] Restaurant, fast-food establishment, or tavern.
[3] Theater, bowling alley, auditorium, or other similar public place of
assembly.
[4] Hotel.
[5] Bank or monetary institution.
[6] Confectionary, millinery, dressmaking and other activities involving
light hand fabrication, as well as sales.
(b) Additional uses may be permitted if the Planning and Development
Board determines them to be an active use and grants special approval
for the use. The Planning Board may also grant a special approval of a
nonactive use if a property owner is able to show that the physical
structure is not easily adaptable to be used as one of the above listed
active uses.
Section 2. Chapter 325, Section 325-5, Zoning Map of the
Municipal Code of the City of Ithaca is hereby amended to
Expand Street Level Active Use Overlay Zone (SLAUOZ) to
include properties located in the Primary and Secondary
Commons, and any properties located on the North Side of
Green Street between Albany Street and the Tuning Fork. The
boundaries of this amendment are shown on the map entitled
“Proposed Boundary for Mandatory Ground Floor Active Use
Zone-May 2017”,” a copy of which shall be on file in the City
Clerk’s office.
Approved at the
July 12, 2107 PEDC Meeting
Section 3. Severability. If any section, subsection,
sentence, clause, phrase or portion of this ordinance is held
to be invalid or unconstitutional by a court of competent
jurisdiction, then that decision shall not affect the validity
of the remaining portions of this ordinance.
Section 4. Effective date. This ordinance shall take effect
immediately and in accordance with law upon publication of
notices as provided in the Ithaca City Charter.
b) Waterfront Zoning
To: Planning Committee
From: Jennifer Kusznir, Economic Development Planner
Date: June 9, 2017
Re: Proposed Waterfront Zoning
At the May Planning Committee meeting, the proposal to rezone the waterfront area was
discussed. In response to this discussion and comment received following the meeting, the
Waterfront Working Group has made extensive changes to the proposed ordinance.
Below is a brief summary of some of the comments that were received and how the committee
chose to respond:
Lookout Point-Maximum Heights-Consider reinstating restrictions for the first
100 feet south from the northern tip of Inlet Island to remain a no-build area. In
addition, in the first 300 feet south from the northern tip of Inlet Island, no building
may be constructed that is greater than one story in height.
This language has been added to the draft ordinance
Permissible Accessory Structures/Towers-Consider allowing accessory
structures/towers, either as of right or by special permit, that generate
electricity/heating and cooling for the purposes of transmitting across property
lines.
This was discussed, but the Working Group thought that this would
be better addressed by the Green Buildings Working Group
Side Yard Setbacks-Comments were received recommending removing side yard
setbacks, and other comments recommended including them.
Approved at the
July 12, 2107 PEDC Meeting
The group decided to include a 5’ side yard requirement and
maximum building length requirement of 100’. This was intended to
ensure that visual access to the waterfront was not blocked by a wall
of buildings. The group further recommends that the City adopt
legislation to allow for Planned Unit Developments in the waterfront
area.
Set Back/Step back from the Water-Consider eliminating exception for public
walkway to prevent canyon, consider clarifying minimum size of public walkway
and consider removing/reducing setback from water for properties less than 60’ in
depth.
The group is recommending that properties that provide a 10’ public
walkway are not required to have a stepback, and that properties that
are less than 60’ in width, measured from the edge of the water, do
not have to be setback from the water.
Minimum Height Restriction-Consider reinstating floor height minimums-12’-
15’ for first story, 10’-12’ for each additional story.
Minimum story heights of 12’-15’ for the first story and 10’-15’ for
each additional story has been added to the draft ordinance.
However, the group also felt that it was important to recognize that
because these properties are located within the flood zone, many of
the structures will be required to be elevated above the flood plain.
Language was added to allow for properties that have to be raised up
to incorporate that height into their minimum first story height
requirement, so long as the floor-to-floor height is at least 10’.
Setback from the Waterfront Trail-Consider requiring a 30’ setback from the
Waterfront Trail
The group discussed this, but decided that an additional setback from
the trail is not necessary.
Residential Setback from Railroad and WWTP-Consider a 500’ setback from
both the railroad and the WWTP for any residential uses.
The group discussed this and decided to not allow residential uses
south of Cecil Malone Drive. This was intended to allow for a greater
buffer between idling trains at the transfer station, and was also
intended to preserve this area for light industrial uses. The group did
not feel an additional setback from the WWTP was necessary.
Loading Requirements for Industrial Uses-Consider requiring industrial uses to
provide off-street loading areas.
A 1 loading space requirement where there is not one already
provided in the public right of way.
Approved at the
July 12, 2107 PEDC Meeting
Permitted Uses--Consider allowing B and B, banks, community gardens, docks as
accessory uses, and specify mixed-use buildings, consider prohibiting propane
storage, multi-story storage facilities.
The group felt that Bed and Breakfast homes were not appropriate
for a dense mixed-use district, but inns are permitted. Banks and
community gardens have been added as permitted uses. Language
specifying that permitted uses may be mixed in one building has also
been added. Docks have been added as permitted accessory
structures.
Lot Size, Side Yard Requirements, Width at Street, Front Yard Build to lines
and Frontage Requirements-Consider removing 30’ minimum lot width, 3000
min lot size, 5’ side yard requirements, consider adding Built-to lines, consider
minimum frontage buildout requirements.
The group has decided that given the mix of uses that are appropriate,
it is not necessary to define a minimum lot size or width at the street.
In addition, the group has added language in the West
End/Waterfront District to require that a minimum of 60% of the
frontage be developed and that buildings be setback no more than 10’
from the sidewalk. This is intended to encourage dense development
with a defined streetscape.
Glazing, Blank Wall and Building Entrance Location Requirements-Consider
adding minimum glazing and blank wall standards and defining entrance locations.
It was decided that these items would be best addressed in design
guidelines that are specific for this area. The group also recommends
that there be mandatory design review for all new construction in the
waterfront and encourages the City to develop guidelines for the
waterfront as soon as possible.
Maximum Block Size and Perimeter-Consider adding a maximum block
perimeter of 2000’ and a maximum block length of 500’.
This was discussed, however, it was decided that these items would be
better addressed after the transportation chapter of the Waterfront
Plan is completed, so that the transportation network could be defined
and a vision of future block sizes and streetscapes developed.
Parking Location Requirements-Consider prohibiting parking from locating
within 20 feet of the sidewalk.
This was discussed, however, it was decided to not incorporate the
recommended parking location requirement due to the variety of lot
sizes and types in the waterfront area, instead, it is the
recommendation of the Waterfront Working Group that the City
Approved at the
July 12, 2107 PEDC Meeting
consider the importance of maintaining on-street parking in order to
reduce the footprints of standalone parking lots.
If the Committee is in agreement with the proposed ordinance, staff will re-circulate
the ordinance and return next month with any additional comments that are received.
If you have any concerns or questions regarding any of this information, feel free to
contact me at 274-6410.
Approved at the
July 12, 2107 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
Alderperson Brock serves on the Ithaca Area Wastewater Treatment Plant. She
provided a letter from this group on the Waterfront Zoning changes.
The Committee came up with two recommendations.
(1) Residential use setback be no less than 1,200 feet from the boundary of the
IAWWTP property.
(2) The Right to Farm protection from nuisance claims also carries the 1,200 feet
buffer.
Alderperson Smith stated he has some conversations that it’s not the facility that
generates or is responsible for any smell; it comes from the trucks that come in and out.
Alderperson McGonigal asked if there has been complaints. It was stated that the
Farmer’s Market have made complaints.
Alderperson Gearhart questioned the 1,200 feet buffer. Is the 1,200 standard an ideal
or in a more densely populated area?
Alderperson Martell stated that she was under the impression that any housing in this
area that would be developed would be high end and would have the flexibility of buying
and selling if need be.
With the new information presented, this will be discussed at the next meeting of the
Waterfront Working Group on June 23, 2017.
Jennifer Kusznir commented that we all have to remember that this is only one chapter
of the Waterfront area. Transportation, housing, etc. still have to be reviewed and
amended as needed. The working group’s sole goal was to work on the zoning chapter
due to the expiration of the TMPUD in August 2017.
Alderperson Gearhart moved to circulate; seconded by Alderperson Smith. This will be
circulated and brought back next month.
Approved at the
July 12, 2107 PEDC Meeting
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, 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
Approved at the
July 12, 2107 PEDC Meeting
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,
13. WHEREAS, the Waterfront Working Group received extensive comments from
Form Ithaca, and the group reviewed and incorporated many of these
comments, however, it is recommended that some of the comments,
including glazing and building entrance requirements be addressed in
design review guidelines,
14. WHEREAS, the Waterfront Working Group recommends that the City
consider incorporating mandatory design review for all new
construction in the waterfront in order to ensure that any new
structures are constructed to conform with the common vision
throughout the waterfront districts, and further recommends that the
City develop Design Guidelines for all of the Waterfront Zoning
districts, and
15. WHEREAS, other comments from Form Ithaca regarding maximum block
perimeter and maximum block length were not included, but recognized
to be important aspects of defining the future neighborhoods.
However, the group thought that these should be recommendations that
should wait until after the transportation chapter of the waterfront
plan is completed. This would allow for a future transportation
network to be defined and a vision of future block sizes and
streetscapes to be developed, and
16. WHEREAS, the group chose not to incorporate the recommended parking
location requirement due to the variety of lot sizes and types in the
waterfront area, instead, it is the recommendation of the waterfront
working group that the City consider the importance of maintaining on
street parking in order to reduce the footprints of standalone parking
lots, and
17. Whereas, the Waterfront Working Group further recognizes that the
recommended zoning may not always account for specific project
proposals that may be of a benefit to the community, and therefore
recommends that the City consider adopting legislation to allow for
Planned Unit Developments in the waterfront districts, and
now therefore be it
Approved at the
July 12, 2107 PEDC Meeting
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:
(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. storage
3
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.
Approved at the
July 12, 2107 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-Permitted primary uses may be
combined in a single building. All new construction
must go through a mandatory design review process.
1. Multiple Family dwelling (See § 325-3).
2. Rooming or boarding house.
3. Cooperative household (See § 325-3).
4. Townhouse or garden apartment housing.
5. Nursery school, child day care center, group Adult Day Care.
6. Nursing, convalescent or rest home.
7. Funeral Home or Mortuary
8. Business or professional Office
9. Bank or Monetary Institution
10. Office of Government
11. Public private parochial school
12. Retail store or service commercial facility.
13. Restaurant, fast food establishment, tavern.
14. Club, lodge or private social center.
15. Confectionery, millinery, dressmaking and other activities involving light hand fabrication as
well as sales.
16. Theater, bowling alley, auditorium or other similar place of public assembly.
17. Hotel, motel.
18. Water Related Light Industrial Uses, including boat fueling stations
19. Sale, rental, repair or storage, of marine related recreational equipment such as boats, marine
engines, sails, cabin equipment
BY SPECIAL PERMIT OF BOARD OF APPEALS:
20. Redemption Center
Approved at the
July 12, 2107 PEDC Meeting
21. Neighborhood commercial facility.
22. Hospital or Sanatorium.
23. Bed and Breakfast Inns
24. Church and related buildings.
25. Public Park or playground.
26. Library, fire station
27. Public utility structure except office.
28. All school and related buildings
29. Parking Garage, with design review.
Specifically Prohibited in the WE/WF District:
Specifically Prohibited: Heavy Industrial Uses, Non Water
Related Light Industrial, 1 and 2 family detached or semi-
detached dwellings, Mobile Homes, Propane or Petroleum Fuel
Storage, Cemeteries, Casinos, Fueling Stations, Single Story
stand-alone Self-Storage Facilities and no storage uses of any
kind on the ground floor, except as an accessory use, Big Box
Retail, Drive Through Establishments, Large Beverage Producers,
Motor Vehicle Sales and Service, Printing, Heating, a/c, etc.
Permitted Accessory Uses
1. Any accessory use permitted in the B-2 Zone
2. Boat fueling station
3. Snowmobile sales, service, rental in conjunction with
boat sales, rental or service
4. Parking lot/parking garage
5. Dock
6. Outdoor storage of materials
7. Storage of marine related recreation equipment such as
boats, marine engines, sails, cabin equipment as it
relates to permitted primary uses under zoning
Off Street Parking Requirement
None
Off Street Loading Requirement
1 space, unless an on street loading space is already provided for
in the public right of way
Minimum Lot Size (SF)
None
Minimum Width in Feet at Street Line
None
Maximum Building Length
New structures should be constructed to be no more than 100’ in length. The Planning
Board may grant an exception to this rule. A residential structure composed of three
or more attached modules with shared sidewalls, the facade of each module
measuring no more than 25 feet in length and maintaining a uniform setback from
the street line. Modules within a row house may consist of a single dwelling unit or
Approved at the
July 12, 2107 PEDC Meeting
may contain multiple vertically stacked dwelling units. Each module must have one
street-facing entry.
Maximum Building Height
Any building not located along the water can have a maximum building
height of 63’ and 5 stories.
Waterfront Stepback Requirement
For any buildings located along the water, the first 10’ of building
facing the water must be between 2-3 stories in height. After the
first 10 feet, buildings may have a maximum height of 63’ and 5
stories. Any property that provides a public walkway of at least 10’
along the waterfront is exempt from the stepback requirement and may
have a maximum building height of 63’ and 5 stories.
Approved at the
July 12, 2107 PEDC Meeting
Maximum Percentage of Lot Coverage by Buildings
100%, Except for Required Setbacks
Yard Dimensions
Required Minimum/Maximum Front Yard Setback- No front yard
setback is required, except as necessary to provide a minimum
5' sidewalk and an 8' tree lawn. Buildings may be setback no
more than 10’ from the sidewalk.
Required Minimum Side Yard-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, except for the eastern side of Inlet Island, where the
setback for buildings is 10’ from the water. However,
uncovered at-grade structures such as decks, docks, and patios
have no setback from the water. Uncovered structures must
maintain visual connectivity to uncovered structures on
adjacent lots. Properties that are less than 50’ in depth
from the edge of the water are exempt from the setback from
the water. In some areas an additional setback from the water
may be required by the NYS DEC easement. For properties not
located directly adjacent to the water the minimum rear yard
setback is 10'.
Minimum Frontage Buildout
60%
Minimum Building Height
For Water Dependent Uses there is no minimum building height.
For any non-water dependent uses, buildings must be a minimum
of 2 stories in height. The first story of any new structure
must be 12-15’ in height, measured floor to floor. Each
additional story must be 10-12’ in height, measured from floor
to floor. Accessory structures of less than 250 SF may be 1
story. As an exception any increase in first floor
elevation, as required to comply with flood plain regulations,
can be included in the first story minimum height requirement,
however the first floor should not be less than 10’ in height
measured floor to floor.
Approved at the
July 12, 2107 PEDC Meeting
Additional Restrictions
1. Lookout Point Restrictions
a. The first 100 feet south from the northern tip of Inlet Island is
to remain a no build area. In addition, in the first 300 feet
south from the northern tip of Inlet Island no building may be
constructed that is greater than 1 story in height.
Section 4. Section 325-8 of the Municipal Code of the City of Ithaca is
hereby amended as follows to establish district regulations for the new
Cherry Street District (CSD), and to amend the District Regulations Chart as
follows:
Cherry Street District (CSD)
Permitted Primary Uses-Permitted primary uses may be
combined in a single building. All new construction must
go through a mandatory design review process.
1. No
residential uses are permitted south of Cecil Malone
Drive. For properties located north of Cecil Malone
Drive, residential uses are not permitted on the ground
floor of any building.
2. Multiple Family dwelling (See § 325-3).
3. Rooming or boarding house.
4. Cooperative household (See § 325-3).
5. Townhouse or garden apartment housing.
6. Nursery school, child day care center, group Adult Day Care.
7. Nursing, convalescent or rest home.
8. Funeral Home or Mortuary
9. Business or professional Office
10. Bank or Monetary Institution
11. Office of Government
12. Public private parochial school
13. Retail store or service commercial facility.
14. Restaurant, fast food establishment, tavern.
15. Club, lodge or private social center.
16. Confectionery, millinery, dressmaking and other activities involving light hand fabrication
as well as sales.
Approved at the
July 12, 2107 PEDC Meeting
17. Theater, bowling alley, auditorium or other similar place of public assembly.
18. Hotel, motel.
19. Water Related Light Industrial Uses, including boat fueling stations
20. Sale, rental, repair or storage, of marine related recreational equipment such as boats,
marine engines, sails, cabin equipment
21. Light Industrial Uses
22. Food Production Facilities
23. Large Beverage Producers
24. Multi-level storage facilities, no ground floor storage
BY SPECIAL PERMIT OF BOARD OF APPEALS:
25. Redemption Center
26. Neighborhood commercial facility.
27. Hospital or Sanatorium.
28. Bed and Breakfast Inns
29. Church and related buildings.
30. Public park or playground.
31. Library, fire station
32. Public utility structure except office.
33. All school and related buildings
34. Production
Specifically Prohibited in the CSD:
Specifically Prohibited: Mobile Homes, Propane or Petroleum
Fuel Storage, Casinos, Fueling Stations, Single Story stand-
alone Self-Storage Facilities and no storage uses of any kind
on the ground floor, except as an accessory use, Big Box
Retail, Drive-thru Establishments, Cemeteries
Permitted Accessory Uses
1. Any accessory use permitted in the B-2 Zone
2. Boat fueling station
3. Snowmobile sales, service, rental in conjunction with
boat sales, rental or service
4. Parking lot/parking garage
5. Dock
6. Outdoor storage of materials
7. Storage of marine related recreation equipment such as
boats, marine engines, sails, cabin equipment as it
relates to permitted primary uses under zoning
Off Street Parking Requirement
None
Off Street Loading Requirement
1 space, unless an on street loading space is already provided for
in the public right of way
Minimum Lot Size (SF)
None
Minimum Width in Feet at Street Line
Approved at the
July 12, 2107 PEDC Meeting
None
Maximum Building Height
63’
5 Stories
Maximum Percentage of Lot Coverage by Buildings
100%, Except for Required Setbacks
Yard Dimensions
Required Minimum Front Yard- No front yard setback is
required, except as necessary to provide a minimum 5' sidewalk
and a preferred 8' tree lawn-When an 8’ tree lawn is not
feasible, the Planning Board, at their discretion, may reduce
the tree lawn requirement to 5’.
Required Minimum Side Yard- 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, including beverage producers and food
production facilities, there is no minimum building height.
For any non-industrial uses buildings must be a minimum of 2
stories in height. The first story of any new structure must
be 12-15’ in height, measured floor to floor. Each additional
story must be 10-12’ in height, measured from floor to floor.
As an exception any increase in first floor elevation, as
required to comply with flood plain regulations, can be
included in the first story minimum height requirement,
however the first floor should not be less than 10’ in height
measured floor to floor.
Accessory structures of less than 250 SF may be 1 story.
Section 5. Section 325-8 of the Municipal Code of the City of Ithaca is
hereby amended as follows to establish district regulations for the new
Newman District (ND), and to amend the District Regulations Chart as follows:
Newman District (ND)
Permitted Primary Uses-Permitted primary uses may be
combined in a single building. All new construction must
go through a mandatory design review process.
1. Multiple Family dwelling (See § 325-3).
2. Rooming or boarding house.
3. Cooperative household (See § 325-3).
4. Townhouse or garden apartment housing.
5. Nursery school, child day care center, group Adult Day Care.
6. Nursing, convalescent or rest home.
7. Funeral Home or Mortuary
8. Business or professional Office
9. Bank or Monetary Institution
10. Office of Government
11. Public private parochial school
12.
Approved at the
July 12, 2107 PEDC Meeting
13.
14.
15. Retail store or Service Commercial Facility
16. 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
17. Club, Lodge or Private Social Center
18. Theater, Bowling Alley, Auditorium or Other Similar
Place of Public Assembly
19. Hotel/Motel/Boatel
20. Recreational or Cultural Facilities such as a Park,
Playground, Art Museum, fishing pier, or yacht club
21. Public Recreation
22. Sale, Rental, Repair, or Storage of Marine-related
Recreational Equipment, such as boats, marine engines,
sails, cabin equipment, and boat fueling
23. Community Gardens
Permitted Accessory Uses
1. Any accessory use permitted in the WE/WFD Zone,
2. Confectionary, Millinery, dressmaking, and Other
Activities involving Light Hand Fabrication, as well as
sales.
3. Parking Garages
4. Dock
5.
Off Street Parking Requirement
None
Off Street Loading Requirement
None
Minimum Lot Size (SF)
None
Minimum Width in Feet at Street Line
None
Maximum Building Height
For properties located along the waterfront, the first 12' 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’
Approved at the
July 12, 2107 PEDC Meeting
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
All new construction must be a minimum of 25’ and 2 stories.
The first story of any new structure must be 12-15’ in height,
measured floor to floor. Each additional story must be 10-12’
in height, measured from floor to floor. As an exception any
increase in first floor elevation, as required to comply with
flood plain regulations, can be included in the first story
minimum height requirement, however the first floor should not
be less than 10’ in height measured floor to floor.
, Accessory structures of less than 250 SF may be 1 story.
Section 6. Section 325-8 of the Municipal Code of the City of Ithaca is
hereby amended as follows to establish district regulations for the new
Market District (MD), and to amend the District Regulations Chart as follows:
Market District (MD)
Permitted Primary Uses-Permitted primary uses may be
combined in a single building. All new construction must
go through a mandatory design review process.
1. Multiple Family dwelling (See § 325-3).
2. Rooming or boarding house.
3. Cooperative household (See § 325-3).
4. Townhouse or garden apartment housing.
5. Nursery school, child day care center, group Adult Day Care.
6. Nursing, convalescent or rest home.
7. Funeral Home or Mortuary
8. Business or professional Office
9. Bank or Monetary Institution
10. Office of Government
11. Public private parochial school
12.
13.
14. Retail store or Service Commercial Facility
15. 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
16. Club, Lodge or Private Social Center
17. Theater, Bowling Alley, Auditorium or Other Similar
Place of Public Assembly
18. Hotel/Motel/Boatel
19. Recreational or Cultural Facilities such as a Park,
Playground, Art Museum, fishing pier, or yacht club
20. Public Recreation
21. Sale, Rental, Repair, or Storage of Marine-related
Recreational Equipment, such as boats, marine engines,
22. Health Care facilities
23. B&B Inns
Approved at the
July 12, 2107 PEDC Meeting
24. Confectionary, Millinery, dressmaking, and Other
Activities involving Light Hand Fabrication, as well as
sales.
25. Food Production Facilities
26. Community Gardens
Permitted Accessory Uses
1. Any accessory use permitted in the ND Zone
2. Drive-Thru Banking Services
3. Parking Garages
4. Dock
Off Street Parking Requirement
None
Off Street Loading Requirement
None
Minimum Lot Size (SF)
None
Minimum Width in Feet at Street Line
None
Maximum Building Height
For properties located along the waterfront, the first 12' 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
All new construction must be a minimum of 25’ and 2 stories.
The first story of any new structure must be 12-15’ in height,
measured floor to floor. Each additional story must be 10-12’
in height, measured from floor to floor. As an exception any
increase in first floor elevation, as required to comply with
flood plain regulations, can be included in the first story
minimum height requirement, however the first floor should not
be less than 10’ in height measured floor to floor.
Accessory structures of less than 250 SF may be 1 story.
Approved at the
July 12, 2107 PEDC Meeting
Section 7. Section 325-8 of the Municipal Code of the City of Ithaca is
hereby amended to adjust the boundary of the Adult Use Overlay Zone in order
to remove the newly established Market District from the overlay zone. The
boundary of the Adult Use Overlay Zone is hereby established as shown on the
map, entitled “Adult Use Overlay Zone - 2017”
Section 8. The City Planning and Development Board, the City
Clerk and the Planning Department shall amend the district
regulations chart in accordance with the amendments made
herewith.
Section 9. Severability. Severability is intended throughout and within the
provisions of this local law. If any section, subsection, sentence, clause,
phrase or portion of this local law is held to be invalid or unconstitutional
by a court of competent jurisdiction, then that decision shall not affect the
validity of the remaining portion.
Section 10. Effective date. This ordinance shall take effect immediately and
in accordance with law upon publication of notices as provided in the Ithaca
City Charter.
7) Review and Approval of Minutes
a) May 2017
Moved by Alderperson Brock; seconded by Alderperson Smith. Passed
unanimously.
8) Adjournment
Moved by Alderperson Brock; seconded by Alderperson Smith. Passed
unanimously. The meeting was adjourned at 7:35 p.m.