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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.