HomeMy WebLinkAboutMN-PLED-2018-05-09
Approved at the
June 13, 2018 PEDC Meeting
City of Ithaca
Planning & Economic Development Committee
Wednesday, May 9, 2018 – 6:00 p.m.
Common Council Chambers, City Hall, 108 East Green Street
Minutes
Committee Members Attending: Joseph (Seph) Murtagh, Chair; Cynthia Brock,
Donna Fleming, Stephen Smith, and Laura
Lewis
Committee Members Absent: None
Other Elected Officials Attending: Mayor Svante Myrick (7:00 p.m.)
Staff Attending: JoAnn Cornish, Director, Planning and
Development Department; Megan Wilson,
Senior Planner; Jennifer Kusznir, Senior
Planner; Bryan McCracken, Landmarks
Preservation Planner; Nels Bohn, Director,
Ithaca Urban Renewal Agency; Anisa
Mendizabal, Ithaca Urban Renewal Agency;
Tom Knipe, Deputy Director, Economic
Development; and Deborah Grunder,
Executive Assistant
Others Attending: Tim Logue, Director, Engineering
Chair Seph Murtagh called the meeting to order at 6:04 p.m.
1) Call to Order/Agenda Review
2) Special Order of Business
a) Public Hearing – Planning Board, Special Permits
Alderperson Brock moved to open the public hearing; Alderperson Smith
seconded. Carried unanimously.
No one from the public spoke on this topic.
Approved at the
June 13, 2018 PEDC Meeting
Alderperson Brock moved to close the public hearing; Alderperson Lewis
seconded. Carried Unanimously.
b) Public Hearing – 2018 HUD Action Plan
Alderperson Fleming moved to open the public hearing; Alderperson Brock
seconded. Carried Unanimously.
No one from the public spoke on this topic.
Alderperson Smith moved to close the public hearing; Alderperson Fleming
seconded. Carried Unanimously.
c) Public Hearing – Amendment to 2017 HUD Action Plan (INHS scattered
sites)
Alderperson Brock moved to open the public hearing; Alderperson Lewis
seconded. Carried Unanimously.
No one from the public spoke on this topic.
Alderperson Brock moved to close the public hearing; Alderperson Lewis
seconded. Carried Unanimously.
3) Public Comment
Alderperson Brock recommended that a brief description of the public hearings
would be helpful for those who would like speak.
Fay Gougakis, the Commons, spoke on the new Lime Bikes and the air quality on
the Commons due to the construction.
Theresa Alt, 206 Eddy Street, commented she was delighted that the Green Street
Garage project will be discussed. It’s very important that there be affordable
housing in this project and reduced cars.
Taylor Peck, 6315 States Road, Alpine, spoke regarding the Nines. He had
already submitted a letter to all several weeks ago. He is a good friend of the
current owner. If the owner of this property had more years to prepare for a
designation would be ideal.
Elizabeth Fisher-York, 510 Dryden Road, spoke regarding Maple Grove Park. She
urges the City to keep this park.
Approved at the
June 13, 2018 PEDC Meeting
Susan Holland, Executive Director, Historic Ithaca. The economic development of
this property should not be the focal point to determining whether to designate this
property. Think about what Collegetown can continue to be and vote to designate
this property.
Mark Kielmann, owner of the Nines, stated that he doesn’t agree.
Elizabeth Martyn, 306 Ithaca Road, asked that the City keep Maple Grove Park.
After reading the Parks Master Plan, she is still confused as to future of this park.
The neighborhood has been very active in maintaining this park, cleaning it up, etc.
Irwin DE Vlaminck, 100 Maple Grove Place, urges the City to keep Maple Grove
Park.
Ann Sullivan, 109 Irving Place, urges the City to pass this plan onto the full Council
but strike out the alienation of some parks. These parks are used by the
neighborhoods. Once these parks are gone, they won’t ever come back.
Brody Smith, One Lincoln Center, Syracuse, attorney for the Kielmanns. There is
affection from the community, etc. He proposed that the decision to move this
designation onto the full Council be put on a moratorium to en able their group to
produce a PUD application for this particular property.
Henry Granison, 107 Oxford Place, spoke on the alienation of some parks in the
Parks Master Plan. Maplewood apartments is going to be doubled in size, other
buildings will be developed, etc. People will use these parks.
John Schroeder, 618 Stewart Avenue, stated there is a number historic structures
that are no longer in the City. The Ithaca City seal is the EZRA Cornell Library.
Don’t forget what is here.
Kenneth Young, 228 Columbia Street, spoke in opposition of the historic
designation of the 311 College Avenue. It’s a garage with two large doors that
open to the street. The restaurant is what made it what it was. The restaurant
won’t remain there. He would like to see the ILPC spend their time saving
significant buildings.
Alderperson Lewis thanked all came out to speak. We do appreciate all who come
to speak and who send letters.
4) Announcements, Updates, and Reports
Tom Knipe, Deputy Director, Economic Development gave a brief update on the
proposed downtown conference center. Many offices are involved —Chamber of
Commerce, Ithaca Downtown Alliance, and the County Tourism Board. There is a
need for this center.
Approved at the
June 13, 2018 PEDC Meeting
5) Discussion
a) Green Street Garage Redevelopment
Tim Logue, Director of Engineering, stated there are definitely concerns with the
Green Street Garage, and the City has a couple of years to take action. If there is
significant movement within the garage, we would have to move quickly.
Alderperson Lewis asked how many parking spots would have to be removed.
This answer was 170 spaces. Rebuilding or renovating the garage would be many
millions of dollars.
The IURA’s RFP includes a significant amount of affordable housing.
Mayor Svante Myrick joined the meeting at 7:00 p.m.
Nels Bohn, Director, Ithaca Urban Renewal Agency, informed the group that now
that the RFP is back out for circulation, it is crucial that the wants from the City
and/or Council be brought to the table now rather than later after the possible
proposals come in.
He further stated that the amount needed for a conference center is included in the
one proposal from Peak/Rimland already submitted.
Chair Murtagh stated once again that he is not in favor of the current Peak/Rimland
proposed affordable housing in his proposal particularly because the City owns the
property.
Alderperson Fleming asked whether Murtagh is interested in more affordable
housing in the project.
Alderperson Murtagh would like to see a higher percentage that Rimland
proposed, i.e., more than 10 percent but not above 5 0 units.
Alderperson Brock mentioned an 80/20 program. Nels Bohn explained this
concept.
Alderperson Brock stated that there are a lot of things we would want in this
proposal, but we must be realistic as to what is feasible.
Mayor Myrick stated we will keep all of our wishes and wants in place and see
what the developers propose.
Approved at the
June 13, 2018 PEDC Meeting
It was the consensus that the order of preferences is affordable housing, parking,
and conference center.
The proposal received includes 415 parking spaces.
If we repair the east, build the center, but do nothing to the west end, 517 spaces
will be available.
Alderperson Lewis stated that the City would have to provide some money to this
project if we want to keep the parking.
Mayor Myrick stated we could reach out to Jay Franklin with the County to help
with assessing different options.
The Green Street Garage has a $9M assessed value and is a sub-parcel for the
Cinemapolis.
6) Action Items (Voting to Circulate)
a) Waterfront Zoning Changes
In August of 2017, the Common Council established four new zoning districts for
the Waterfront Study Area. Since then several items have been identified as
minor changes to the ordinance that could improve the implem entation of the
zoning and allow for the type of development that was anticipated when the
zoning was adopted. In addition, several minor corrections to the existing code
that reference zones that no longer exist have also been identified.
Maximum Story Height
The adopted zoning districts define maximum heights of stories based on a floor to
floor measurement. This measurement works on all stories except the top story of
a structure with a pitched roof, where there is no upper floor from which to
measure from. Instead the roof is considered the upper floor. The roof height is
calculated at the median point in the roof. In structures with pitched roof the
median point may be less than 10 feet above the floor of the top story, but still
create a floor to ceiling measurement that is 8 feet. Staff proposes to amend the
minimum story height requirement to read as follows (new language is bold and
underlined):
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 feet in height, measured floor to
floor. Each additional story must be 10-12 feet in height, measured from floor
to floor. In buildings with a pitched roof, a top story contained within the
pitched roof shall be exempt from this requirement. Accessory structures of
less than 250 SF may be 1 story. As an exception, any increase in first floor
Approved at the
June 13, 2018 PEDC Meeting
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 feet in height measured floor to floor.
Garage, Public Repair
Add as an allowable use in the Cherry Street District, the following:
GARAGE, PUBLIC REPAIR -An enclosed space designed primarily for repair
and service of motor vehicles.
The Cherry Street District is a mixed use light industrial district. While a large
operation for automobile sales and service is not desirable in this location, small
operations for automobile service and repair is appropriate. This use currently
exists and is compatible with the other allowable uses in this district.
Professional Offices
All of the newly established waterfront zoning districts allow for professional
offices. This is an undefined term in our zoning. Staff proposes to add the
following definition to 325-3:
BUSINESS OR PROFESSIONAL OFFICE - Offices where services are provided
that require specialized training or professional certification including but not
limited to accountant, appraiser, attorney, architect, engineer, surveyor,
stockbroker, physician, dentist, chiropractor, massage therapist, psychologist, and
optometrist.
Delete Section 325-16E
Section 325-16E of the City Code refers to height restrictions in the WF zones.
These district have been replaced with the new zoning districts and this section
should be deleted in its entirety.
Delete Section 325-28
Section 325-28 of the City Code refers to the Marine Commercial District. This
district no longer exists and this section should be deleted in its entirety.
Delete Section 325-20D(3)(a)
Section 325-20D(3)(a) references off street parking requirements in the special
parking requirements in the WF zones. The waterfront zoning districts F zones no
longer exist. This section should be deleted and subsequent sections should be
renumbered.
Amend Section 325-26
Section 325-26 of the City Code refers to structures along streams and inlets in
the waterfront zoning district. This should be changed to say structures located
within the Waterfront Study Area.
Approved at the
June 13, 2018 PEDC Meeting
Adult Use Overlay Zone
Section 325-29.1D., describes the locations that adult uses are allowed in the City.
When the map was updated this text was not changed. This section should be
replaced with the following language:
325-29.1 D. Location.
(1) Adult uses may only be located within the Adult Use Overlay Zone, as shown
on the Official City Zoning Map.
If the Committee is in agreement, staff will draft these proposed changes circulate it.
We will return next month with any comments that are received. If you have any
concerns or questions regarding any of this information, feel free to contact me at 274-
6410.
Alderperson Smith moved to circulate for additional comment; seconded by
Alderperson Fleming. Carried unanimously.
7) Action Items (Voting to Send onto Council)
a) 2018 HUD Action Plan
Moved by Alderperson Brock; seconded by Alderperson Smith. Carried Unanimously.
WHEREAS, the City of Ithaca (City) is eligible to receive an annual formula allocation of
funds to address community development needs through the U.S. Department of
Housing & Urban Development (HUD) Entitlement program from the Community
Development Block Grant (CDBG) program and the Home Investment Partnerships
(HOME) program funding sources, and
WHERAS, the City has contracted with the Ithaca Urban Renewal Agency (IURA) to
administer, implement and monitor the City’s HUD Entitlement program in compliance
with all applicable regulations, and
WHEREAS, on an annual basis an Action Plan must be submitted to HUD to access HUD
Entitlement program funding allocated to the City, and
WHEREAS, the 2018 Action Plan identifies a specific list of budgeted community
development activities to be funded from the 2018 HUD Entitlement program
allocation and associated funds administered by the IURA, and
WHEREAS, funding available to be allocated through the 2018 Action Plan funding
process is anticipated to include the following:
$634,000.00 CDBG 2018 allocation
$160,000.00 CDBG 2018 projected program income
$38,760.72 CDBG recaptured/unallocated funds
$261,000.00 HOME 2018 allocation
Approved at the
June 13, 2018 PEDC Meeting
$133,793.78 HOME recaptured/unallocated funds
$100,000.00 Urban Development Action Grant (UDAG) miscellaneous revenues
$1,327,554.50 Total, and
WHEREAS, the IURA utilized an open and competitive project selection process for
development of the 2018 Action Plan in accordance with the City of Ithaca Citizen
Participation Plan, and
WHEREAS, at its April 26, 2018 meeting, the IURA adopted a draft 2018 Action Plan;
now, therefore, be it
RESOLVED, that the Common Council of the City of Ithaca hereby adopts the attached
draft action plan dated April 26, 2018, for allocation of the City’s 2018 HUD
Entitlement Program award along with associated funds listed above, and be it further
RESOLVED, that if the actual amount of CDBG funds received is more than the
anticipated amount, any additional funding shall be allocated to the Economic
Development Loan activity for loans that create employment opportunities for low -and
moderate-income persons, and be it further
RESOLVED, that if the actual amount of HOME funds received is more than the
anticipated amount, any additional funding shall be allocated to the Community
Housing Development Organization (CHDO) set-aside reserve activity for affordable
housing projects, and be it further
RESOLVED, that should the actual amount of CDBG and/or HOME funds received be
less than the anticipated amount, the IURA will develop recommended revisions to the
draft Action Plan for consideration by the Common Council, and be it further
RESOLVED, that the Urban Renewal Plan shall be amended to include activities funded
in the adopted 2018 Action Plan.
b) Amendment #3 to the 2017 HUD Action Plan (INHS scattered sites)
Moved by Alderperson Brock; seconded by Alderperson Smith. Carried
Unanimously
WHEREAS, the Ithaca Urban Renewal Agency (IURA) recommends approval
of an amendment to the 2017 HUD Action Plan to authorize a loan of up to
$160,000 to Ithaca Neighborhood Housing Services, Inc. (INHS) for the
Scattered Site Preservation Phase II project (Project) with funds to be derived
from the IURA-administered Community Development Revolving Loan Fund,
and
Approved at the
June 13, 2018 PEDC Meeting
Whereas, the Project will renovate, reconstruct or replace some, or all, of the
existing rental housing units located at 502 W. MLK Jr./State Street, 203-209
Elm Street, 406 S. Plain Street, 111 W. Clinton Street, 227 S. Geneva Street
and 301 S. Geneva Street; and
WHERAS, the City has contracted with the IURA to administer, implement and
monitor the City’s HUD Entitlement program in compliance with all applicable
regulations, and
WHEREAS, the City adopts an Action Plan annually that identifies a specific list
of budgeted community development activities funded from the HUD
Entitlement program, and
WHEREAS, a change in activity funding of more than $25,000 in the Action
Plan requires Common Council approval, and
WHEREAS, the IURA recommends the addition of the Project as a new activity
funded at $160,000 in the 2017 Action Plan, and
WHEREAS, the IURA-Administered Community Development Revolving Loan
Fund (CD-RLF) utilizes CDBG funds to make small business loans, but is not
authorized to make affordable housing loans, and
WHEREAS, the IURA recommends reallocating up to $160,000 from the CD -
RLF to the 2017 Action Plan to fund the Project, and
WHEREAS, CDBG funds are proposed to be used for reimbursement of
professional fees and soft costs, and
WHEREAS, conducting environmental, engineering, architectural and other
feasibility studies for an affordable housing project where such activities do not
commit any physical change is a Type II action under the City Environmental
Quality Review Ordinance, so no further environmental review of this action is
required; now, therefore, be it
RESOLVED, that the Common Council for the City of Ithaca hereby approves
the following IURA-recommended amendment to the 2017 HUD Action Plan:
Project: INHS Scattered Site Preservation Phase II affordable housing project
Sponsor: Ithaca Neighborhood Housing Services, Inc.
Amount: $160,000
Description: Loan assistance for professional fees and other soft costs for an
affordable housing project, and be it further
RESOLVED, that funding shall be derived by transferring up to $160,000 from
the IURA Community Development Revolving Loan Fund to the 2017 HUD
Action Plan account.
Approved at the
June 13, 2018 PEDC Meeting
c) Parks Master Plan
Adoption of the Parks and Recreation Master Plan as Part of Phase II of the City of
Ithaca Comprehensive Plan – Resolution
Moved by Alderperson Lewis; seconded by Alderperson Fleming. Carried
unanimously.
Alderperson Fleming stated her concern of alienating the parks. She wouldn’t feel
comfortable to de-park one park over another.
WHEREAS, the City is pursuing a two-phased approach to its Comprehensive Plan,
where Phase I entailed the preparation of an “umbrella” plan that sets forth broad goals and
principles to guide future policies throughout the city and where Phase II i ncludes the
preparation of specific neighborhood and thematic plans, and
WHEREAS, the City adopted Plan Ithaca as Phase I of its Comprehensive Plan in
2015, and Plan Ithaca recommends the preparation of a plan for the City’s park system as
part of Phase II, and
WHEREAS, the Common Council funded a parks and recreation master plan as part of
the City’s 2016 budget, and the Town of Ithaca and Tompkins County funded various
aspects of the proposed plan, and
WHEREAS, PROS Consulting was selected as the project consultant and began work
on the draft plan in the fall of 2016, and
WHEREAS, the public was involved throughout the planning process through
stakeholder interviews, focus groups, surveys, and community events, and
WHEREAS, the consultant team gathered information through data collection, site
assessments, community input, staff observations and local and national trends and used
this information to prepare the draft Parks and Recreation Master Plan, and
WHEREAS, a draft Parks and Recreation Master Plan was presented in early
November and was then circulated for further public comment, and
WHEREAS, in accordance with the City of Ithaca Municipal Code and New York State
General City Law, the Planning and Development Board is responsible for recommendi ng
a comprehensive plan to the Common Council for adoption, and
WHEREAS, the Planning and Development Board reviewed the draft plan at its
December 19, 2017 and January 30, 2018 meetings and recommended adoption of the plan
with several modifications, and
Approved at the
June 13, 2018 PEDC Meeting
WHEREAS, a public hearing for the adoption of the proposed plan was held at the
January 10, 2018 Planning & Economic Development Committee meeting, and many
written comments were submitted by community members and City staff, and
WHEREAS, the Planning & Economic Development Committee voted to adopt the
draft plan at its March 2018 meeting, but the draft was later revised again to incorporate
additional submitted comments, and
WHEREAS, the draft Parks and Recreation Master Plan was submitted for review by
the Tompkins County Department of Planning and Sustainability pursuant to §239-l-m of
the New York State General Municipal Law, which requires that all actions within 500
feet of a county or state facility, including county and state highways, be reviewed by the
County Planning Department, and was also distributed for review by the City of Ithaca
Conservation Advisory Council, and
WHEREAS, the adoption of the Parks and Recreation Master Plan as part of Phase II
of the Comprehensive Plan is a Type I action, and the Common Council, as lead agency,
has completed environmental review and determined that the action will not have a
significant impact on the environment; now, therefore, be it
RESOLVED, that the Common Council hereby adopts the Parks and Recreation Master
Plan, dated April 2018, as part of Phase II of the Comprehensive Plan, and be it further
RESOLVED, that this Comprehensive Plan shall serve as a guide for future decisions
made by Common Council, City boards and commissions, and City staff, and be it further
RESOLVED, that Common Council shall establish regular reviews and updates of the
Comprehensive Plan every five years.
d) Local Landmark Designation of the Former No. 9 Fire Station at 311
College Avenue
Alderperson Brock stated she was intrigued by the comments made by Mr. Brody.
Alderperson Brock moved to table the designation in order for a PUD application;
seconded by Alderperson Smith. Fails 3-2.
Alderperson Lewis moved to send on to Council with a recommendation to agree
with ILPC’s resolution; seconded by Alderperson Murtagh. Carried Unanimously.
Approved at the
June 13, 2018 PEDC Meeting
e) Planning Board – Special Permits
Adoption of a Zoning Amendment to Authorize the Planning and
Development Board to Approve the Granting of Special Permits.
Declaration of Lead Agency for Environmental Review
Moved by Alderperson Smith; seconded by Alderperson Lewis. 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 o r 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; 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 adoption of the
zoning amendment to authorize the Planning and Development Board to
approve the granting of Special Permits.
Adoption of a Zoning Amendment to Authorize the Planning and
Development Board to Approve the Granting of Special Permits
Determination of Environmental Significance
Moved by Smith; seconded by Brock. Carried unanimously.
WHEREAS, the City of Ithaca is considering a proposal to authorize the
Planning and Development Board to approve the granting of special permits
where currently the Board of Zoning Appeals has this authority, and
WHEREAS, review of Special Permit requests by the Board of Zoning Appeals
considers additional regulations and conditions which apply to certain land uses
and activities which are incongruous or sufficiently unique in terms of their
nature, location and effect on the surrounding environment and the quality of
the community to warrant evaluation of each individual case, and
WHEREAS, the Planning and Development Board, when reviewing site plans,
uses much the same criteria as is used by the Board of Zoning Appeals to
evaluate special permits, such as potential impacts a project may have on the
immediate neighbors, the neighborhood, and the greater community, and
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June 13, 2018 PEDC Meeting
WHEREAS, the Planning and Development Board may be the more
appropriate body to review applications for special permits since the review
criteria is very similar to the site plan and environmental review criteria, and
WHEREAS, this zoning amendment has been reviewed by the Tompkins
County Planning Department Pursuant to §239-l–m of the New York State
General Municipal Law, the City of Ithaca Planning and Development Board,
and the City of Ithaca Board of Zoning Appeals, and
WHEREAS, the proposed action is an “Unlisted Action” under the City
Environmental Quality Review Ordinance, and
WHEREAS, appropriate environmental review has been conducted for this
action including the preparation of a Short Environmental Assessment Form
(SEAF), and
WHEREAS, the Common Council of the City of Ithaca, acting as Lead Agency,
has reviewed the SEAF prepared by planning staff; now, therefore, be it
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 Short
Environmental Assessment Form for the action of authorizing the Planning and
Development Board to approve the granting of Special Permits, and be it
further
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
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, § 325-9 Standards for special conditions and special permits
to authorize the Planning and Development Board to Approve the
Granting of Special Permits
Moved by Alderperson Smith; seconded by Alderperson Brock. Carried
unanimously.
The ordinance to be considered shall be as follows:
Approved at the
June 13, 2018 PEDC Meeting
ORDINANCE NO. ________
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF
ITHACA, CHAPTER 325, § 325-9 ENTITLED “STANDARDS FOR SPECIAL
CONDITIONS AND SPECIAL PERMITS” TO AMEND THE ORDINANCE TO
AUTHORIZE THE PLANNING AND DEVELOPMENT BOARD TO APPROVE
THE GRANTING OF SPECIAL PERMITS
BE IT NOW ORDAINED AND ENACTED by the Common Council of the
City of Ithaca that Chapter 325 (Zoning) of the Municipal
Code of the City of Ithaca is hereby amended as follows:
Section 1. Chapter 325, Section 325-9 of the Municipal Code
of the City of Ithaca entitled “STANDARDS FOR SPECIAL
CONDITIONS AND SPECIAL PERMITS” be amended as follows:
§ 325-9 Standards for special conditions and special
permits.
A.
Intent. The intent of this section is to set forth
additional regulations and conditions which shall apply to
certain land uses and activities which are incongruous or
sufficiently unique in terms of their nature, location and
effect on the surrounding environment and the quality of
the community to warrant special evaluation of each
individual case.
B.
Special conditions. The Director of Planning and
Development or designee shall approve the following uses
only when the special conditions specified in this
subsection have been met:
[Amended 1-14-1993 by Ord. No. 93-2; 6-5-2013 by Ord. No.
2013-15[1]]
(1)
[2]Development in R-3 Districts which abut R-1 Districts.
The development of any permitted use in the R-3a or R-3b
Zoning Districts, except a one-family dwelling or a two-
family dwelling, shall be subject to the following special
conditions if the land on which the development occurs
directly abuts land in either the R-1a or R-1b Zoning
District.
(a)
Minimum lot size (area in square feet): The required area
in square feet needed to satisfy the minimum lot size
Approved at the
June 13, 2018 PEDC Meeting
requirement shall be 150% of the requirement shown on the
District Regulations Chart[3] for the R-3a or R-3b District.
(b)
Maximum building height: The maximum building height
requirement shall be the same as the requirement on the
abutting R-1a of R-1b District.
(c)
Maximum percent of lot coverage by buildings: The maximum
percent of lot coverage by buildings shall be 75% of the
requirement shown on the District Regulations Chart for the
R-3a or R-3b District.
(d)
Yard dimensions, side or rear yards: The minimum required
side or rear yard requirement shall be 150% of the
requirement shown on the District Regulations Chart for the
R-3a or R-3b District if the side or rear yard abuts land
in the R-1a or R-1b District.
C.
Special permits.
(1)
Applicability. The uses listed under the district
regulations in §325-8 which require a special permit from
the Planning and Development Board are as follows:
(a)
Cemeteries in all districts.
(b)
Public utility facilities in all residential districts.
(c)
Private schools in all residential districts.
(d)
Nursery schools or child day-care centers in R-2 and R-U
Districts.
(e)
Neighborhood retail or service commercial facilities in R-2
and R-3 Districts.
(f)
Hospitals or sanatoriums in R-3 Districts.
(g)
In P-1 Districts, within 200 feet of adjoining residential
districts, any use other than public recreation, classrooms
or living accommodations. In such P-1 Districts, living
accommodations within 200 feet of adjoining residential
districts shall conform to the use and area regulations
applying to the strictest of such adjoining residential
districts.
(h)
Signs in all districts, as provided in the Sign
Ordinance.[4]
Approved at the
June 13, 2018 PEDC Meeting
[Amended 4-1-1981 by Ord. No. 81-2]
(i)
[5]Home occupations in all Residential Zoning Districts
require a temporary special permit unless the home
occupation meets all the following criteria:
[Added 4-1-1981 by Ord. No. 81-2; amended 11-4-1992 by Ord.
No. 92-16; 12-2-1998 by Ord. No. 98-30]
[1]
The occupation does not carry a stock of merchandise or
store materials for resale or use in the occupation,
except a reasonable supply of office supplies customarily
incidental to a small office.
[2]
The occupation does not create traffic or need for parking
beyond that which is customarily incidental to the
residential use of the property. Factors that are not to
be considered incidental to residential use are regularly
scheduled events such as deliveries, client or customer
visits or similar events.
[3]
The occupation requires or performs no exterior alterations
and maintains no exterior display visible from outside the
residence (including vehicles with signage parked outside
of the buildings) except a nameplate as permitted by
Municipal Code Chapter 272, Signs.
[4]
The occupation does not create any noise, vibration, smoke,
dust or objectionable effects not customarily incidental
and accessory to the residential use of the property.
(j)
In any district, towers or structures for the transmission
or receipt of radio or other electronic communications
signals, except towers or structures subject to Article V-A
of this chapter, entitled "Telecommunications Facilities
and Services," unless:
[Added 4-1-1981 by Ord. No. 81-2; amended 11-4-1992 by Ord.
No. 92-15; 12-3-2003 by Ord. No. 2003-20]
[1]
The towers or structures are antennas or satellite dishes
with a maximum dimension of six feet or less;
[2]
Such antennas or satellite dishes are not in a front yard;
[3]
The maximum height (top to bottom) of such antenna or
satellite dish, when combined with attached mounting
supports, is 10 feet or less; and
[4]
Such antennas or satellite dishes, if they are to be
located where they would ordinarily be visible from a
Approved at the
June 13, 2018 PEDC Meeting
public way adjoining the property, are subject to the
following conditions:
[a]
If in a residential zone or on a lot abutting or across a
street or waterway from a residential zone, they shall be
screened from such view.
[b]
In all other locations, they shall be screened from such
view or be of a color and/or in a location that will
minimize their visual impact.
(k)
Towers or structures intended for use in the generation of
electricity for the premises on which such tower is
located in any district.
[Added 4-1-1981 by Ord. No. 81-2]
(l)
Community or neighborhood gardens in all districts.
[Added 7-10-1985 by Ord. No. 85-6]
(m)
(Reserved)[6]
(n)
Group adult day-care facilities in R-2 Districts.
[Added 5-6-1987 by Ord. No. 87-13]
(o)
Any use not permitted as of right in the I-1 Zoning
District.
[Added 11-14-1989 by Ord. No. 89-16]
(p)
Redemption centers in B-2 Districts.
[Added 10-6-1993 by Ord. No. 93-19]
(q)
Bed-and-breakfast homes and bed-and-breakfast inns.
[Added 9-6-1995 by Ord. No. 95-10]
(r)
Neighborhood parking in any district where such parking
is permitted.
[Added 6-6-2012 by Ord. No. 2012-03]
(2)
Required plan.
(a)
A plan for the proposed development of a site shall be
submitted with an application for a special permit. The
plan shall generally conform to the requirements for
presentation of plans set forth in Ch. 290, Subdivision of
Land. It shall show parking areas, traffic areas,
landscaping, building arrangement, the height and number
of stories of the buildings, topography and other
pertinent information that may be required by the Board of
Appeals.
Approved at the
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(b)
In addition to the plan requirements set forth in
Subsection C(2)(a) above, an applicant for a special
permit for a school or related use must provide the
following information:
[Added 11-6-1985 by Ord. No. 85-14]
[1]
Information on the nature of the proposed uses to be
conducted or facilities to be located on the premises,
including but not limited to the courses of study and
subjects to be offered, the size and composition of the
student body to be accommodated, the size of the faculty
and staff required, the daily hours of operation and
annual periods of operation and the type and location of
support facilities required.
[2]
Information concerning the type and number of living
accommodations which may be required to serve any increase
in the institution's enrollment resulting from the
proposed action, including the location and availability
of those accommodations.
[3]
Documentation of the evaluation of suitable alternative
sites for the proposed activity, together with reasoning
supporting its preference for the site for which a special
permit is sought.
[4]
Detailed information on the occupant load, night operation
and the use of chemical, biological or radioactive agents
expected in connection with the proposed activity.
(3)
Standards applicable to all uses requiring
special permits. No special permit shall be granted by the
Planning and Development Board unless the proposed use or
activity meets the following requirements:
(a)
The location and size of the use, the size of the site in
relation to it and the location of the site with respect
to the existing or future streets giving access to it
shall be such that it will be in harmony with the existing
or intended character of the neighborhood and will not
discourage the appropriate development of adjacent land
and buildings or impair the enjoyment or value thereof.
(b)
Operations in connection with any special use shall not be
more objectionable to nearby property by reason of noise,
fumes, increased vehicular traffic or parking demand,
vibration or flashing lights than would be the operations
of any use permitted without a special permit.
Approved at the
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(4)
Specific standards applicable to certain uses
requiring special permits. Certain uses listed in the
district regulations in § 325-8 as requiring a special
permit must conform to the applicable conditions set forth
in this subsection.
(a)
Neighborhood retail or service commercial facilities in R-
2 and R-3 Districts:
[1]
The applicant must furnish information as to the specific
goods or services offered and the nature, size and hours of
operation of the facility proposed in sufficient detail to
enable the Planning and Development Board to determine
whether the use conforms to the limitations specified in
the definition of this category. (See § 325-3.)
[2]
The response of those notified by the applicant as required
in the procedures set forth in § 325-40, as well as that
expressed at the public hearing, should be a principal
factor in the Board's decision to grant the special permit.
[Amended 8-5-1992 by Ord. No. 92-9; 12-2-1998 by Ord. No.
98-30]
(b)
Towers or structures for the transmission or receipt of
electronic communications signals in connection with any
commercial or business enterprise in any zone except towers
or structures subject to Article V-A of this chapter,
entitled "Telecommunications Facilities and Services:"
[Amended 12-3-2003 by Ord. No. 2003-20]
[1]
Applicants must furnish information on the nature of the
business requiring such means of communication, including
reasons why such tower or structure must be located on the
premises in question.
[2]
Applicants shall furnish the Planning and Development Board
with scale drawings of the proposal, including, as a
minimum, a plot plan of the premises involved showing lot
lines and the accurate locations of all buildings or
structures on the premises and on each adjacent lot, as
well as the locations of the proposed tower and all guy
wires, poles or anchors, and a sketch elevation of the
premises accurately depicting the proposed tower and its
relationship to structures on the premises and to the
nearest structures on adjacent lots.
Approved at the
June 13, 2018 PEDC Meeting
[3]
Applicants shall provide sufficient information, including
manufacturer's specifications or engineering data, to
assure the Board that the proposed tower or structure will
not unnecessarily obstruct the view from neighboring
properties, that the tower support system meets
manufacturer's specifications or engineering requirements
and that the tower and its supports will be adequately
safeguarded against structural damage by persons or
vehicles and against unauthorized climbing.
[4]
The response of those notified by the applicant as
required in the procedures set forth in § 325-40, as well
as that expressed at the public hearing, should be a
principal factor in the Board's decision to grant
the special permit.
[Amended 8-5-1992 by Ord. No. 92-9; 12-2-1998 by Ord. No.
98-30]
(c)
Towers or structures for use in the generation of
electricity for use on the premises where such tower or
structure is located in any district:
[Added 4-1-1981 by Ord. No. 81-2]
[1]
Same as Subsection C(4)(b)[2] for radio towers above.
[2]
Same as Subsection C(4)(b)[3] for radio towers above.
[3]
Applicants shall furnish the Planning and Development Board
with sufficient information, including manufacturer's
specifications or engineering data, on the mechanical
devices and the materials in the generating structure to
indicate that excessive or annoying noise will not be
produced during prolonged operation of the generating
machinery and that failure of moving parts during
operations will not present a safety hazard to adjoining
properties due to flying debris.
[4]
Same as Subsection C(4)(b)[4] for radio towers.
(d)
Specific standards applicable to schools and related
buildings in all residential districts [R-1 (R-1a and R-
1b), R-2 (R-2a, R-2b and R-2c), R-3 (R-3a and R-3b) and R-
U]. Notwithstanding the criteria set forth in
Subsection C(3) above, which criteria shall not apply
hereto, no special permit shall be granted by the Planning
and Development Board unless the proposed use or activity
meets the following requirements:
Approved at the
June 13, 2018 PEDC Meeting
[Added 11-6-1985 by Ord. No. 85-11; amended 1-8-
1990 by Ord. No. 90-2]
[1]
If the proposed use is the expansion of an educational use,
then the applicant must show a need to expand into the
residential area rather than into a less-restrictive area.
No special permit shall be granted by the Planning and
Development Board unless the applicant can demonstrate that
there is no reasonable alternative to location or expansion
on the site proposed.
[2]
The location and size of the use, the size of the site in
relation to it, the operations in connection with the use
and the parking and traffic related to the operations shall
not be such as to create a significant hazard to the safety
or general welfare of the surrounding area.
[3]
The proposed use or operation shall not produce or present
substantial danger of excessive noise, noxious odors,
noxious or harmful discharge, fire or explosion, radiation,
chemical or toxic release or other conditions injurious to
the health or general welfare of occupants of nearby
properties.
[4]
The size and use of the facility or the concentration with
similar facilities in the neighborhood shall not be so
substantially out of proportion to the character of the
neighborhood as to jeopardize the continued use of the
neighborhood for residential purposes.
(e)
Community or neighborhood gardens in all districts:
[Added 7-10-1985 by Ord. No. 85-6]
[1]
Applicants shall provide evidence of approval for such use
from the owner of the property on which the gardens are to
be located.
[2]
Applications shall provide evidence that the area to be
used will at all times be operated in a responsible manner
so as not to present a nuisance to or interfere with the
use and enjoyment of neighboring private or public
property. Such evidence shall designate at least one
responsible adult, who shall be a participant in the
gardening, a representative of the sponsoring organization
or the owner of the subject property, to administer or
coordinate the operation and to act as a contact person
therefor.
Approved at the
June 13, 2018 PEDC Meeting
[3]
Applications shall be submitted in writing to the
Department of Planning and Development and shall include:
[Amended 6-5-2013 by Ord. No. 2013-15[7]]
[a]
The name, address and phone number(s) of the contact
person.
[b]
A description of the refuse disposal procedure to be
followed and of the intended use of organic materials,
chemical fertilizers, herbicides and pesticides.
[c]
A site plan showing the proposed locations of all features
of the site, including access point(s) and any of the
required parking spaces that may be located on adjacent
property.
Applicants, or the administrator/coordinator of the garden
area, shall ensure the following:
[a]
That the gardening activity on individual plots is
confined to the hours of 7:00 a.m. to 10:00 p.m., except
that power machinery shall not be operated before 8:00
a.m. or after 8:00 p.m.
[b]
All organic refuse and trash from the gardening operations
is promptly and properly disposed of on at least a weekly
basis and that, pending disposition, it is stored neatly
in such a way that it does not produce offensive odors or
attract dogs, raccoons or vermin.
[c]
That power or motorized machinery used in preparing and
maintaining individual plots is no larger than that
normally used in connection with home gardening, e.g., a
typical walk-behind rototiller.
[d]
That farm tractors or other heavy machinery is not employed
on the site except for initial site development and for
annual spring preparation and fall cleanup, if necessary;
and in those instances it shall be operated only between
8:00 a.m. and 6:00 p.m. weekdays.
[e]
That mulch, compost or organic fertilizer employed in the
gardening is confined to the site in a neat and orderly
manner and that no fresh manure shall be used or
composted.
[f]
That noxious fertilizers or noxious chemicals employed in
the gardening are used only with the knowledge and consent
of all gardeners using the site, all adjoining property
Approved at the
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owners and, in the event that adjoining properties are
rental residential properties, with the knowledge and
consent of the head of each tenant household.
[g]
That no flammable liquids will be stored on the site.
[h]
That noise and odors produced in connection with the
gardening activity will be no greater than those normally
associated with home gardening.
[i]
That City residents of the area nearest the site will be
given an opportunity to obtain plots in the allocation of
plots on a first priority basis.
[j]
Other City residents will be given an opportunity to obtain
plots in the allocation of plots on a second priority
basis.
[k]
That unused portions of the site will be maintained in a
neat and orderly manner at all times.
[l]
That, at the end of each gardening season or within 30 days
of revocation of a permit, whichever occurs first, the
entire site will be cleaned and left with a neat
appearance.
[5]
In addition, the applicable portions of § 325-
15A and C shall be observed.
[6]
In consideration of the fact that such gardens may be of an
interim nature, may occupy only a portion of a parcel and
may be located on property unsuited for other
uses permitted under this chapter, the district regulations
specified for permitted uses under § 325-8 of this chapter
shall be superseded, where applicable, by the following
regulations for community or neighborhood gardens:
[a]
Minimum lot size: none.
[b]
Width in feet at the street line: none required; however,
sites lacking street frontage shall be accessible to
vehicles and pedestrians via a right-of-way of at least
eight feet in width.
[c]
Structures permitted: No structures for human habitation
or occupancy shall be permitted except for a weather
shelter for gardeners, which may have a maximum floor area
of 64 square feet. A light accessory structure for storage
of gardening equipment and materials for plant
Approved at the
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propagation, with a maximum floor area of 64 square feet,
may be erected separately or attached to the weather
shelter. If necessary, a well-housing structure for the
production of water for garden use may be erected with
permission of the owner of the site.
[d]
Parking and loading space: At least one off-street space on
or immediately adjacent to the site shall be provided for
the use of the gardeners for each 15 individual garden
plots on the site or portion thereof.
[e]
Yard setbacks shall not be required, except that the
provisions of §§ 325-17B and C and 325-25 of this chapter
shall apply to any plantings, fences or accessory
structures on the site.
[7]
The response of those notified by the applicant as required
in the procedures set forth in § 325-40, together with any
other written comment received by the Planning and
Development Board before the hearing, as well as that
comment expressed at the public hearing, with primary
consideration given the wishes of residents living within
200 feet of the property, should be a principal factor in
the Planning and Development Board's decision to grant or
deny the special permit. [Amended 8-5-1992 by Ord. No. 92-
9; 12-2-1998 by Ord. No. 98-30]
[8]
In granting a special permit for community or neighborhood
gardens, the Planning and Development Board may prescribe
any conditions that it deems necessary or desirable,
including but not limited to additional off-street parking
spaces, so that the spirit of this chapter shall be
observed, public safety and welfare secured and
substantial justice done.
[9]
Special permits for neighborhood and community gardens
shall be reviewed by the Director of Planning and
Development or designee at least annually for compliance
with this section and with any conditions established by
the Planning and Development Board. If, following such
review or investigation of any complaint, the Director of
Planning and Development or designee determines that a
substantial violation exists, notice of such violation
shall be mailed to the contact person designated in
accordance with Subsection C(4)(e)[2] above, requiring that
such violation be corrected within 15 days. If satisfactory
correction is not made, the permit may be revoked by the
Director of Planning and Development or designee. Appeals
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to such revocation shall be made to the Planning and
Development Board as provided in § 325-41 of this chapter.
[Amended 6-5-2013 by Ord. No. 2013-15[8]]
[10]
Special permits for neighborhood and community gardens
shall be revoked automatically if the site is not used as
a community or neighborhood garden, as that term is
defined in § 325-3, for one complete garden season.
(f)
Group adult day-care facilities in R-2 Districts:
Applicants shall furnish information sufficient to
describe the scope of the proposed activity, including the
size of the building, the number of clientele, the
operating hours, off-street parking availability, the
number of employees and the proximity to other group adult
day-care facilities in the neighborhood. Prior to granting
any special permit for such use, the Planning and
Development Board must find that the activity is
compatible with the character and quality of the
neighborhood in which it is to be located.
[Added 5-6-1987 by Ord. No. 87-13]
(g)
Bed-and-breakfast homes and bed-and-breakfast inns:
[Added 9-6-1995 by Ord. No. 95-10]
[1]
The Planning and Development Board shall only grant
a special permit for a bed-and-breakfast home or a bed-and-
breakfast inn (in those districts allowing such uses) if
the following special conditions are met and adhered to
during the period the bed-and-breakfast use is in
operation:
[a]
Each such use before it commences must obtain a
certificate of occupancy from the Director of Planning and
Development or designee.
[Amended 6-5-2013 by Ord. No. 2013-15[9]]
[b]
A bed-and-breakfast home must be owner-occupied and owner-
managed. A bed-and-breakfast inn must be owner-managed.
[i]
An owner-occupant is an individual who owns at least a 1/2
interest in the real estate on which the bed-and-breakfast
home is located and also owns at least a 1/2 interest in
the business of running the bed-and-breakfast home and who
primarily resides in and lives in the bed-and-breakfast
home for at least 80% of the days (in each calendar year)
when the bed-and-breakfast home is open for business as a
bed-and-breakfast home.
Approved at the
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[ii]
An owner-manager is an individual who owns at least a 1/2
ownership interest in the real estate on which the bed-
and-breakfast home or bed-and-breakfast inn is located and
also owns at least a 1/2 interest in the business of the
bed-and-breakfast home or bed-and-breakfast inn and who is
primarily responsible for the management of the bed-and-
breakfast home or bed-and-breakfast inn and is physically
present in the bed-and-breakfast home or bed-and breakfast
inn at least once per day for 80% of the days (in each
calendar year) when the bed-and-breakfast home or bed-and-
breakfast inn is open for business.
[c]
Bed-and-breakfast homes or inns in residential zones must
be compatible with the surrounding residential
neighborhood. No alterations to the exterior of the house
for the purpose of establishing or expanding bed-and-
breakfast operations shall be permitted except for routine
maintenance, alterations not requiring a building permit,
restoration or requirements related to safety or
handicapped accessibility. There shall be no exterior
indication of a business, except the one permitted sign as
indicated below and required parking. Drawings
illustrating any proposed exterior modifications must be
submitted with the special permit application.
[d]
Drawings illustrating any major proposed interior
modifications (excluding plumbing, wiring or other utility
work) directly related to establishing or continuing the
bed-and-breakfast use must be submitted with the special
permit application. Examples of major interior
modifications are the removal, replacement or installation
of staircases or partitioning walls.
[e]
No cooking facilities are permitted in the individual guest
rooms.
[f]
Food service shall only be provided to guests taking
lodging in the bed-and-breakfast home or inn.
[g]
In R-2 Zones, no bed-and-breakfast home may be located on a
lot closer than 500 feet to any other lot containing a bed-
and-breakfast home, with only one such
establishment permitted per block face.
[h]
There shall be no more than one sign. Such sign shall not
be self-illuminated and shall not exceed five square feet
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in area. Additional requirements described in Chapter 272,
entitled "Signs," of this Code shall be met.
[2]
The response of those notified by the appellant as required
in the procedures set forth in § 325-40, as well as that
expressed at the public hearing, should be a principal
factor in the Planning and Development Board's decision to
grant or deny the special permit.
[Amended 12-2-1998 by Ord. No. 98-30]
[3]
A special permit granted for a bed-and-breakfast home
located in an R-2 Zone shall expire after a period of five
years. All the requirements pertaining to the application
for and granting of a first-time special permit for a bed-
and-breakfast home shall also apply to the application for
and granting of a renewed special permit for a bed-and-
breakfast home located in an R-2 Zone, including the
notification procedures set forth in § 325-40 and the
expiration of such renewed special permit after five years.
[Amended 12-2-1998 by Ord. No. 98-30]
(h)
Temporary special permits for home occupations.
[Added 12-2-1998 by Ord. No. 98-30]
[1]
Spaces in which home occupations are conducted must comply
with the New York State Uniform Fire Prevention and
Building Code.
[2]
A home occupation temporary special permit shall be issued
for a three-year period.
[3]
The response of those notified by the appellant as required
in the procedures set forth in § 325-40, as well as that
expressed at the public hearing, should be a principal
factor in the Planning and Development Board's decision to
grant the temporary home occupation special permit.
[4]
Renewals. The renewal of temporary home occupation special
permits for additional three-year periods shall be granted
by the Director of Planning and Development or designee
following inspection of the premises by the Department of
Planning, Building and Development, submission of a renewal
application form issued by the Department of Planning and
Development and an affidavit stating that the conditions as
originally set forth to the Planning and Development Board
have not changed in any way. It is the responsibility
of permit holders to renew their temporary special permits.
The Director of Planning and Development or designee shall
determine that the premises still meet the standards of the
Approved at the
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New York State Uniform Fire Prevention and Building Code
and that the original qualifying conditions still exist.
The Director of Planning and Development or designee is
authorized to charge a fee of $30 for each renewal
inspection conducted.
[Amended 6-5-2013 by Ord. No. 2013-15[10]]
[5]
Revocation. The Director of Planning and Development or
designee shall revoke any special permit issued hereunder,
should the applicant or the applicant's tenant violate any
provision of this chapter or any condition imposed upon the
issuance of the special permit.
[6]
Periodic review. The Department of Planning and Development
shall review the effects of this section at least every
five years to determine the long-term effect on the
residential character of the neighborhoods.
[Amended 6-5-2013 by Ord. No. 2013-15[11]]
[11]
Editor's Note: This ordinance provided for an effective
date of 1-1-2014.
(5)
In the I-1 Zone and the Cherry District, uses other than
those permitted under § 325-8 may be permitted by special
permit upon a finding by the Planning and Development Board
and concurrence by the Common Council that such use shall
have no negative impact by reason of noise, fumes, odors,
vibration, noxious or toxic releases or other conditions
injurious to the health or general welfare.
[Added 11-14-1989 by Ord. No. 89-16]
D.
The Board shall deny a special permit in all instances
where it finds that a proposed use would have a significant
negative impact on traffic, congestion, property values,
municipal services, character of the surrounding
neighborhood, or the general plan for the development of
the community. The granting of a special permit may be
conditioned on the effect the use would have on traffic,
congestion, property values, municipal services or the
general plan for the development of the community. The
applicant may be required by the Planning and Development
Board to submit plans for the site and for parking
facilities and to disclose other features of the
applicant's proposed use so as to afford the Planning and
Development Board an opportunity to weigh the proposed use
in relation to neighboring land uses and to cushion any
adverse effects by imposing conditions designed to mitigate
them. If the Planning and Development Board finds that the
adverse effects cannot be sufficiently mitigated, then the
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Planning and Development Board shall deny the special
permit.
Section 2. Effective date. This ordinance shall take
effect immediately and in accordance with law upon
publication of notices as provided in the Ithaca City
Charter.
8) Review and Approval of Minutes
a) April 2018
Moved by Alderperson Smith; seconded by Alderperson Brock. Carried
unanimously as amended.
9) Adjournment
Moved by Alderperson Smith; seconded by Alderperson Fleming. Carried
unanimously. The meeting was adjourned at 9:05 p.m.