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HomeMy WebLinkAboutMN-PLED-2017-07-12 Approved at the August 9, 2017 PEDC Meeting City of Ithaca Planning & Economic Development Committee Wednesday, July 12, 2017 – 6:00 p.m. Common Council Chambers, City Hall, 108 East Green Street Minutes Committee Members Attending: Joseph (Seph) Murtagh, Chair; Josephine Martell, and Rob Gearhart Committee Members Absent: Alderpersons Brock and Smith Other Elected Officials Attending: Alderpersons McGonigal and Nguyen Staff Attending: JoAnn Cornish, Director, Planning and Development Department; Jennifer Kusznir, Senior Planner; Nels Bohn, Director of Ithaca Urban Renewal Agency; Anisa Mendizabal, Ithaca Urban Renewal Agency; 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 no changes made to the agenda. 2) Special Order of Business a) Public Hearing – Waterfront Zoning Alderperson Gearhart moved to open the public hearing; seconded by Alderperson Martell. Carried unanimously. Theresa Alt, is still concerned about Waterfront Zoning – there is no inclusionary zoning and no incentive zoning. There is no housing. Alderperson Martell moved to close the public hearing; seconded by Alderperson Gearhart. Carried unanimously. Approved at the August 9, 2017 PEDC Meeting b) Public Hearing – Expansion of Street Level Active Use to Secondary Commons Alderperson Martell moved to open the public hearing; seconded by Alderperson Gearhart. Carried unanimously. Fay Gougakis, spoke about the dogs that continue to be on the Commons. If the Commons is being extended, will dogs be allowed on the secondary Commons? Alderperson Martell moved to close the public hearing; seconded by Alderperson Gearhart. Carried unanimously. C) Public Hearing – 2nd Amendment to HUD Entitlement Citizen Participation Plan Alderperson Gearhart moved to open the public hearing; seconded by Alderperson Martell. Carried unanimously. There was no one from the public to speak on this topic. Alderperson Martell moved to close the public hearing; seconded by Alderperson Gearhart. Carried unanimously. 3) Public Comment and Response from Committee Members Fay Gougakis spoke on the painting of the bike racks. She rides her almost every day. She is against this project. The City does not take care of the bicyclists’ concerns, but the City wants to make the bike racks look pretty. 4) Updates, Announcements, Reports Nels Bohn gave an update on the Ithaca Fall remediation. There will be no further remediation done. The remediation did collect lead samples at the base of the falls. It was determined that the samples are coming from the top of the site along the cliff. There has been a fence installed, and if people remain on the public side of the fence, there will be no harm to humans. Approved at the August 9, 2017 PEDC Meeting 5) Action Items (Voting to send onto Council) a) 2nd Amendment to HUD Entitlement Citizen Participation Plan Moved by Alderperson Gearhart; seconded by Alderperson Martell. Carried unanimously. Whereas, the Citizen Participation Plan establishes the City of Ithaca’s procedures for involving the public in developm ent and implementation of the HUD Entitlement Program, and Whereas, grantees of HUD Entitlement funding have a statutory obligation to affirmatively further fair housing, but the statute did not establish clear guidelines for grantees, and Whereas, in 2015, the U.S. Department of Housing and Urban Development (HUD) adopted a Affirmatively Furthering Fair Housing rule in 2015 that revised the process for grantees to assess fair housing issues and promote fair housing choice, and Whereas, Ithaca is now required to submit an Assessment of Fair Housing to HUD every five years that incorporates a specific consultation and citizen participation process, and Whereas, at their June 21, 2017 meeting the Ithaca URA recommended adoption of the 2nd amendment to the HUD Entitlement Citizen Participation Plan, dated June 9, 2017, to comply with the Affirmatively Furthering Fair Housing rule; now, therefore, be it Resolved, the Common Council of the City of Ithaca hereby adopts the attached 2nd amendment to the HUD Entitlement Citizen Participation Plan, dated June 9, 2017. Approved at the August 9, 2017 PEDC Meeting b) Waterfront Zoning An Ordinance Amending the Municipal Code of the City Of Ithaca, Chapter 325, Entitled “Zoning” To Establish New Zoning for the Waterfront Area ― Declaration of Lead Agency Chair Murtagh asked whether this zoning plan be approved and move forward to Council in order to satisfy the TMPUD deadline. Moved by Alderperson Gearhart; seconded by Alderperson Martell. 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 Environmental Quality Review (CEQR) Ordinance, which requires environmental review; now, therefore, be it RESOLVED, that the Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the proposed new zoning for the waterfront area. An Ordinance Amending the Municipal Code of the City Of Ithaca, Chapter 325, Entitled “Zoning” To Establish New Zoning for the Waterfront Area ― Declaration of Environmental Significance Moved by Alderperson Martell; seconded by Alderperson Gearhart. Carried unanimously. 1. WHEREAS, The Common Council is considering to adopt new zoning for the waterfront area, and Approved at the August 9, 2017 PEDC Meeting 2. WHEREAS, the appropriate environmental review has been conducted, including the preparation of a Full Environmental Assessment Form (FEAF), dated April 17, 2017, and 3. WHEREAS, the proposed action is a “TYPE I” Action under the City Environmental Quality Review Ordinance, and 4. WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has reviewed the FEAF prepared by planning staff; now, therefore, be it 1. RESOLVED, that this Common Council, as lead agency in this matter, hereby adopts as its own the findings and conclusions more fully set forth on the Full Environmental Assessment Form, dated April 17, 2017, and be it further 2. RESOLVED, that this Common Council, as lead agency in this matter, hereby determines that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary, and be it further 3. RESOLVED, that this resolution constitutes notice of this negative declaration and that the City Clerk is hereby directed to file a copy of the same, together with any attachments, in the City Clerk’s Office, and forward the same to any other parties as required by law. 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 Moved by Alderperson Martell; seconded by Alderperson Gearhart. Passed unanimously, John Green from the Waterfront Committee shared his concern that if this is passed now, he would like to see the amendments moving forwarded be handled efficiently. JoAnn Cornish stated that this document is the recommendation of the Waterfront Committee which they were charged to do. This committee has Approved at the August 9, 2017 PEDC Meeting worked very diligently and their recommendation should be accepted. Amendments to zoning can take a long time. Chair Murtagh further stated that this is being handled this way due to the TMPUD expires. Zoning changes usually come at the end of changing a plan. John Green stated as a committee member, there was a vast array of talent and expertise on the Waterfront committee. In his opinion, Form Ithaca has some very good ideas with their design expertise. JoAnn Cornish stated that the City Planning staff are design professionals and as such their expertise should be taken into account. The staff has a many collective years of experience. Alderperson McGonigal stated he is very proud of the Waterfront Committee and proud of the Planning staff. They have many years of experience. Alderperson Gearhart thanked all that have worked endlessly on this. We may get caught in a situation that if we pass it tonight that there will be things that will come up during this process that may not be ideal or developers may come forward quicker than having the design guidelines in place. 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 Compr ehensive 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 Dev elopment 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 Approved at the August 9, 2017 PEDC Meeting 7. WHEREAS, the City Comprehensive Plan identifies the goals for the Waterfront Mixed Use area as the creation of a mixed use district, including commercial, and housing, with an emphasis on uses that create an active waterfront environment, and 8. WHEREAS, the City Comprehensive Plan further notes that “new development should protect view sheds and allow public access to the waterfront, and pedestrian and bicycle connections should be improved, and reducing the impacts of parking in new development should be carefully considered, and 9. WHEREAS, in order to develop recommendations for the plan and for the zoning, the City established a waterfront working group made up of 17 members of the public and City Planning Staff, and 10. WHEREAS, the waterfront working group began meeting in September of 2016 and in December of 2016 they hosted two open houses in order to solicit additional input from the public, and 11. WHEREAS, given the deadline of establishing new zoning prior to the expiration of the TMPUD in August 2017, the waterfront working group has focused on completing a land use section of the plan and making recommendations for future zoning for the Waterfront Study Area, and 12. WHEREAS, using feedback from the public and goals from Plan Ithaca the working group has completed the land use section of the draft plan and has used this section to make recommendations for changes to the current zoning in the Waterfront Study Area, 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 Approved at the August 9, 2017 PEDC Meeting 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 th at 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 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. 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. Approved at the August 9, 2017 PEDC Meeting FOOD PRODUCTION FACILITY Any facility that is used to transform raw ingredients, by physical or chemical means, into food or other items meant for human consumption, or for food into other forms, including the processing and packaging of the food items. Food Production Facilities may include, but are not limited to bakeries, brew pubs, coffee roasters, wineries, food packaging facilities. Section 2. Section 325-4 of the Municipal Code of the City of Ithaca, entitled “Establishment of Districts”, is hereby amended in order to add the following zoning districts: WE/WFD West End/Waterfront District CSD Cherry Street District ND Newman District MD Market District Section 325-4 is further amended to delete the following zoning districts: M-1 Marine Commercial WF-1 Waterfront 1 WF-2 Waterfront 2 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. Approved at the August 9, 2017 PEDC Meeting 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 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 Approved at the August 9, 2017 PEDC Meeting 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 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’ in depth 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 August 9, 2017 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. On the eastern side of Inlet Island the setback for buildings is 10’ from the water, with the exception of uncovered at-grade structures such as decks, docks, and patios which 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 August 9, 2017 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. 17. Theater, bowling alley, auditorium or other similar place of public assembly. Approved at the August 9, 2017 PEDC Meeting 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 None Approved at the August 9, 2017 PEDC Meeting 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 Approved at the August 9, 2017 PEDC Meeting 12. Retail store or Service Commercial Facility 13. 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 14. Club, Lodge or Private Social Center 15. Theater, Bowling Alley, Auditorium or Other Similar Place of Public Assembly 16. Hotel/Motel/Boatel 17. Recreational or Cultural Facilities such as a Park, Playground, Art Museum, fishing pier, or yacht club 18. Public Recreation 19. Sale, Rental, Repair, or Storage of Marine-related Recreational Equipment, such as boats, marine engines, sails, cabin equipment, and boat fueling 20. 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 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'in depth of 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 height of 5 stories and 63'. Maximum Percentage of Lot Coverage by Buildings 100%, Except for Required Setbacks Yard Dimensions Required Minimum Front Yard- No front yard setback is required, except as necessary to provide a minimum 5' sidewalk and a preferred 8' tree lawn. Required Minimum Side Yard- 5’ Required Minimum Other Side Yard- 5’ Required Minimum Rear Yard- For properties located along the waterfront, there is a minimum setback of 20' from the top of Approved at the August 9, 2017 PEDC Meeting 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’in height 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. Retail store or Service Commercial Facility 13. Restaurants, Tavern, Fast Food Establishment, with the exception of establishments where food or drink is intended to be served to or consumed by persons in automobiles 14. Club, Lodge or Private Social Center 15. Theater, Bowling Alley, Auditorium or Other Similar Place of Public Assembly 16. Hotel/Motel/Boatel 17. Recreational or Cultural Facilities such as a Park, Playground, Art Museum, fishing pier, or yacht club 18. Public Recreation 19. Sale, Rental, Repair, or Storage of Marine-related Recreational Equipment, such as boats, marine engines, 20. Health Care facilities 21. B&B Inns 22. Confectionary, Millinery, dressmaking, and Other Activities involving Light Hand Fabrication, as well as sales. 23. Food Production Facilities 24. Community Gardens Approved at the August 9, 2017 PEDC Meeting 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'in depth of 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 height 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’in height 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 August 9, 2017 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. Approved at the August 9, 2017 PEDC Meeting c) Expansion of Street Level Active Use to Secondary Commons Draft Resolution 7/7/17 An Ordinance Amending The Municipal Code Of The City Of Ithaca, Chapter 325, Entitled “Zoning,” To Expand the Requirement for Street Level Active Uses in the Downtown Area – Declaration of Lead Agency Moved by Alderperson Martell; seconded by Alderperson Gearhart. Passed 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 an “Unlisted” Action pursuant to the City Environmental Quality Review (CEQR) Ordinance, which requires environmental review under CEQR; now, therefore, be it RESOLVED, that the Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the proposal to amending the Municipal Code Of The City Of Ithaca, Chapter 325, Entitled “Zoning,” To Expand the Requirement for Street Level Active Uses in the downtown area. Draft Resolution 7/7/17 An Ordinance Amending The Municipal Code Of The City Of Ithaca, Chapter 325, Entitled “Zoning,” To Expand Street Level Active Use Requirements – Declaration of Environmental Significance Moved by Alderperson Martell; seconded by Alderperson Gearhart. Passed unanimously. 5. WHEREAS, The Common Council is considering a proposal to amend the Municipal Code of the City Of Ithaca, Chapter 325, Entitled “Zoning,” To Expand the Requirement for Street Level Active Uses in the Downtown Area, and 6. WHEREAS, the appropriate environmental review has been conducted, including the preparation of a Full Environmental Assessment Form (FEAF), dated June 21, 2017, and 7. WHEREAS, the proposed action is a “TYPE I” Action under the City Environmental Quality Review Ordinance, and Approved at the August 9, 2017 PEDC Meeting 8. 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 4. 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 June 21, 2017, and be it further 5. 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 6. 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. An Ordinance Amending The Municipal Code Of The City Of Ithaca, Chapter 325, Entitled “Zoning,” To Expand the Street Level Active Use Zone ORDINANCE NO. ____ Moved by Alderperson Gearhart; seconded by Alderperson Martell. Passed unanimously with amended changes made by Jennifer Kusznir regarding the addition of both sides of Green Street. 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 street level active use zone are shown on the map, entitled “Proposed Boundary For Mandatory Street Level 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. Approved at the August 9, 2017 PEDC Meeting [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 create a 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 Street Level Active Use Zone-May 2017”,” a copy of which shall be on file in the City Clerk’s office. 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. Approved at the August 9, 2017 PEDC Meeting d) Mural Installation – Dryden Parking Garage Planning & Economic Development Committee Proposed Resolution June 15, 2017 Moved by Alderperson Martell; seconded by Alderperson Gearhart. Passed unanimously. Resolution to Select Artwork for a Mural Installation on the Dryden Road Parking Garage WHEREAS, the City of Ithaca Public Art Commission (PAC) was established to, among other duties, review and advise the Common Council on proposals for the exhibition and display of public art in the City’s public spaces, and WHEREAS, Plan Ithaca, the City’s comprehensive plan, identifies public art as an important cultural resource that contributes to quality of life and economic vitality and calls for the City’s continued support of public art (see Cultural Resources), and WHEREAS, in 2010, the PAC created a mural and street art program to beautify blank walls within the city, while providing local artists from all sections of the community an opportunity to showcase their work, and WHEREAS, the Board of Public Works approved several locations for future murals and street art, including the Dryden Road Parking Garage in July 2014, and WHEREAS, Mary Beth Ihnken has submit her proposal for a mural titled “Sky” to be installed on the exterior of the west façade of the Dryden Road Parking Garage, and WHEREAS, the PAC held a public comment period on the mural design and location at its meeting on April 27, 2017 to gather input on the proposed installation, and most of the responses to the proposal have been positive, and WHEREAS, the mural will be funded through the Community Arts Partnership’s Public Art Grant, and the installation will be budget-neutral to the City, and WHEREAS, at its meeting on April 27, 2017, the Public Art Commission voted to recommend that the Common Council approve Mary Beth Ihnken’s mural to be installed on the Dryden Road Parking Garage; now, therefore, be it RESOLVED, that the City of Ithaca Common Council selects Mary Beth Ihnken’s mural “Sky,” as recommended by the Public Art Commission, to be installed on the exterior of the west façade of the Dryden Road Parking Garage and to be added to the City of Ithaca’s public art collection; and be it further RESOLVED, that the selected artist may proceed with the installation of the mural upon the execution of an agreement with the City as reviewed by the City Attorney. Approved at the August 9, 2017 PEDC Meeting e) Ithaca Community Bike Rack Design Project Planning & Economic Development Committee Proposed Resolution July 12, 2017 Chair Murtagh stated he would be interested in how the BPAC and the broader community. JoAnn Cornish stated that this will have to also to send it to the BPW. It was agreed that this would be circulated for further input from the biking community. Resolution to Approve Creative Bike Rack Designs for Fabrication and Installation Moved by Alderperson Gearhart; seconded by Alderperson Martell. Passed unanimously. WHEREAS, in the spring of 2017, the Downtown Ithaca Alliance, in partnership with the City of Ithaca and Tompkins County held a call for submissions for creative bike rack designs, and WHEREAS, a design review board composed of bicycle advocates, the City’s Public ArtCommission and other community members worked with the Downtown Ithaca Alliance and were responsible for selecting the winning designs, and WHEREAS, Plan Ithaca, the City’s comprehensive plan, identifies public art as an important cultural resource that contributes to quality of life and economic vitality and calls for the City’s continued support of public art (see Cultural Resources), and WHEREAS, designs were judged on functionality, artistic innovation and creativity, and WHEREAS, there were 79 submissions of which 13 were chosen for fabrication, and WHEREAS, the PAC held a public comment period for the proposals through notification of surrounding property owners of all thirteen locations, and WHEREAS, the public comments were discussed by members of the PAC on June 22, 2017, and WHEREAS, after reviewing public comment, the PAC voted unanimously to recommend the bike racks and their locations be considered for approval by the Common Council, and WHEREAS, according to the project sponsor, the racks will be donated and become the property of the City, and WHEREAS, this project has not yet been approved by the Board of Public Works but is on their July 24, 2017 agenda, now, therefore, be it Approved at the August 9, 2017 PEDC Meeting RESOLVED, that the City of Ithaca Common Council approves the design, fabrication, and installation of thirteen bike racks, in the locations proposed, as recommended by the Public Art Commission, pending approval by the Board of Public Works. 6) Discussion a) Ithaca Falls Tunnel and Natural Area Photos were shown in these areas which indicate a lot of foot traffic, and people using the area. This is a very dangerous area. People have ventured in and have gotten stuck and need to be rescued. It was agreed that a site visit will be done to help determine the best way to make this safer. 7) Review and Approval of Minutes a) June 2017 Moved by Alderperson Martell; seconded by Alderperson Gearhart. Passed unanimously. 8) Adjournment Moved by Alderperson Gearhart; seconded by Alderperson Martell. Passed unanimously. The meeting was adjourned at 8:25 p.m.