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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 Approved at the 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 June 13, 2018 PEDC Meeting (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 June 13, 2018 PEDC Meeting (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 June 13, 2018 PEDC Meeting 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 June 13, 2018 PEDC Meeting 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 Approved at the June 13, 2018 PEDC Meeting 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 June 13, 2018 PEDC Meeting [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 Approved at the June 13, 2018 PEDC Meeting 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 June 13, 2018 PEDC Meeting 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 Approved at the June 13, 2018 PEDC Meeting 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.