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.