HomeMy WebLinkAbout01-22-20 Planning and Economic Development Committee Meeting AgendaPEDCMeeting
PlanningandEconomicDevelopmentCommittee
IthacaCommonCouncil
DATE:January22,2020
TIME:6:00pm
LOCATION:3rdfloorCityHall
CouncilChambers
AGENDAITEMS
ItemVoting
Item?
Presenter(s)
Time
Start
1) CalltoOrder/AgendaReview
2) PublicComment
3) SpecialOrderofBusiness
a) PublicHearing:CommunityGardensZoningAmendment
4) Announcements,Updates,Reports
a) Callforproposals:HUDActionPlan
b) GreenBuildingPolicy
c) TreeOrdinance
5) ActionItems(votingtosendontocouncil)
a) LeadAgencyConcurrenceforPlanningBoard
b) CommunityGardensZoningAmendment
c) AccessoryDwellingUnits
6) Discussion
a) HousingStrategy–NextSteps
b) 2019Accomplishments–2020GoalsandWorkPlan(sent
underseparatecover
7) ReviewandApprovalofMinutes
a) November2019
8) Adjournment
No
No
Yes
No
No
No
Yes
Yes
Yes
No
No
Yes
Yes
SephMurtagh,Chair
NickGoldsmith,Planning
JeanneGrace,DPW
LisaNicholas,Planning
JenniferKusznir,Planning
JenniferKusznir/AlexPhillips,
Planning
6:00
6:05
6:30
6:40
6:45
7:00
7:30
7:35
7:45
8:15
8:40
8:45
8:50
Ifyouhaveadisabilityandrequireaccommodationsinordertofullyparticipate,pleasecontacttheCity
Clerkat274Ͳ6570by12:00noononTuesday,January21,2020.
**Outofconsiderationforthehealthofotherindividuals,pleasetrytorefrainfromusingperfume/cologneandother
scentedpersonalcareproductsatCityofIthacameetings.Thankyouforyourcooperationandunderstanding.**
LEGAL NOTICE
PLEASE TAKE NOTICE that the Common Council of the City of Ithaca, New York, will hold a
public hearing to consider a proposal to amend city code regulating Community Gardens.
The existing City code contains regulations which refer to Community and Neighborhood
Gardens. However, the City is proposing establishing separate regulations for neighborhood
gardens, which are smaller gardens located within a neighborhood, and community gardens,
which allows for a larger more permanent use that may contain structures related to the permitted
use. Minor changes are proposed to City Code Sections 325-3 Definitions, 325-9 Special
permits, and 325-10 Additional Conditions for Special Permits in order to change the existing
regulations to refer only to neighborhood gardens and to establish a new separate definition for
community gardens.
The hearing will be held in the Common Council Chambers, City Hall, 108 East Green Street, in
the City of Ithaca, New York, on Wednesday, January 22, 2020, at 6:00 p.m. A copy of the
proposed zoning amendment can be viewed in-house at the Department of Planning &
Development, 3rd Floor City Hall, 108 East Green Street, Ithaca, New York.
JoAnn Cornish
Director of Planning & Development
01/06/2020
ELIGIBLEPROJECTSCDBG&HOMEPROJECTSHUDregulationscontroltheuseofbothCDBGandHOMEfunds.ThereisatwoͲtiertesttodetermineprojecteligibility:༃NATIONALOBJECTIVESTESTAllprojectsmusteithereliminateslum/blightconditionsorprincipallybenefitlowͲandmoderateͲincome(LMI)personsinoneofthefollowingways:A.DIRECTBENEFIT:Atleast51%ofhouseholdsbenefitingfromtheprojectareLMI.Forhousingprojects,100%ofassistedhouseholdsmustbeLMI.B.AREABENEFIT:Projectbenefitsallresidentsofaparticularneighborhoodwhere51%ormoreoftheresidentsareLMIpersons.LMIhouseholdsaredefinedasfollows:HouseholdSizeMaximumIncome80%ofAreaMedianIncome(AMI)1 person $47,000 2 persons $53,700 3 persons $60,400 4 persons $67,100 5 persons $72,500 6 persons $77,850 NOTE:THESELIMITSAREEXPECTEDTOBEUPDATEDBYHUDINJUNE2020.༄PROJECTELIGIBILITY/PRIORITYTESTEligibleprojectsinclude:AFFORDABLEHOUSING,including:xRehabilitationofhousingxConstructionofnewhousingxHomeownershipassistancexFacilitiesforpersonswithspecialneeds(e.g.,homelessshelters,grouphomes)xTenantͲBasedRentalAssistance(TBRA)ECONOMICDEVELOPMENT,including:xJobcreationand/orretention,resultingfrom:-Loanstobusinesses-MicroͲenterpriseprograms-TechnicalassistancetobusinessesxBrownfieldremediationorblightremovalPUBLICSERVICES,including:xServicesforLMIpersons,suchas:-Transportationservices-Jobtraining&jobplacement-Youth&seniorprogramsNote:PublicServicesfundingwillbelimitedtoapprox.$100,200(15%ofCDBGentitlementgrant)forallprojects.PUBLICFACILITIES,including:xStreets;parks&playgrounds;sewer,water&drainagesystems;pedestriansafetyimprovements;andcommunitycentersxChildcarecentersxRemovalofarchitecturalbarrierstofacilitiesforelderlyanddisabledpersonsSELECTIONCRITERIATobeconsideredforfunding,eachproposalmustsatisfyfollowingtwothresholdcriteria:xELIGIBILITYAllprojectsmustmeettheHUDthresholdrequirements.xCONSISTENCYwithCONSOLIDATEDPLANAllprojectsmustaddressPriorityNeed(s)identifiedin2019Ͳ2023ConsolidatedPlan,availableat:www.IthacaURA.org.Proposalsthatsatisfythesethresholdcriteriawillbeprioritizedforfundingbasedonanevaluationof:xNEED:Documentedextentandseverityoftheneedtheprojectwilladdress.xIMPACT:Resultsthatwillbeachievedtoaddresstheidentifiedneed,includingnumberofpersonstobenefitfromtheproject(bothLMIandtotalnumber),orimpactoftheprojectonneighborhoodstability.xFEASIBILITY:Reasonablenessofproposedbudgetandtimeline,andextenttowhichapplicantanticipatesandproposestomanagepotentialobstaclestocompletion.xCAPACITY:Evidenceapplicantpossessessufficientresourcestosuccessfullyimplementtheproject.xMATCHINGFUNDS:ProportionofCDBG/HOMEfundsused,incomparisontomatchingfundingfromothersources.xCOORDINATION:Extenttowhichtheprojectimplementsorcoordinateswithotherinitiatives,plans,orproposedprojects.xPROMOTIONOFFAIRHOUSING:Extenttowhichprojectaddressesanyofthefactorscontributing(“ContributingFactors”)tofairhousingissuesandproblemsintheCityofIthaca.HOWTOAPPLYSubmissionrequirementsaredescribedinapplicationformsandaccompanyinginstructions.Applicationmaterialsmaybeobtainedasfollows:• Online:www.IthacaURA.org•PickͲUp:IURA,CityHall,108E.GreenSt.,3rdFloor,Ithaca,NY14850• Call/EͲMail:(607)274Ͳ6565ൟcpyott@cityofithaca.orgAPPLICATIONDEADLINE:NOON,February28,2020
ForMOREINFORMATIONandfreeTECHNICALASSISTANCE,pleasecontact:AnisaMendizabalCommunityDevelopmentPlanner,amendizabal@cityofithaca.org(607)274Ͳ6553CharlesPyottContractsMonitorcpyott@cityofithaca.org(607)274Ͳ6565IthacaUrbanRenewalAgency108E.GreenSt.ൟ3rdFloorIthaca,NY14850OfficeHours:8:30a.m.Ͳ4:30p.m.,MͲFNote:OfficesCLOSEDMonday,January20,2020forMartinLutherKing,Jr.HolidayandMonday,February17,2020forPresidentsDayHoliday.FUNDINGOPPORTUNITY2020 CALL FOR PROPOSALSCommunityDevelopmentBlockGrant(CDBG)HOMEInvestmentPartnershipsProgram(HOME)OnbehalfoftheCityofIthaca,theIthacaUrbanRenewalAgency(IURA)seeksproposalsforprojectstobeincludedintheCity’sdraft2020DepartmentofHousing&UrbanDevelopment(HUD)EntitlementActionPlan.Approximately$668,000inCDBGfundsand$297,000inHOMEfundsareexpectedtobeavailable.Communitygroups,businesses,nonͲprofitorganizations,andindividualsareinvitedtosubmitproposalsforprojectstobefundedthroughtheseprograms.APPLICATION DEADLINE: NOONFebruary 28, 2020PUBLICINFORMATION&INPUTMEETINGSMoreinformationwillbeprovidedontheapplicationprocessatmeetingsbelow,whichwillalsodescriberegulatoryrequirements,process,bestpractices,proposedschedule,andsolicitpublicinputfortheCityofIthaca2020ActionPlan.PublicInformation&InputMeeting#1Tuesday,January14,2020,6:00Ͳ7:30p.m.BorgWarnerCommunityRoom,TompkinsCountyPublicLibrary,109E.GreenSt.,Ithaca,NY14850PublicInformation&InputMeeting#2Wednesday,January22,2019,12:00Ͳ1:30p.m.CommonCouncilChambers(ThirdFloor),108E.GreenSt.(CityHall),Ithaca,NY14850Meetinglocationsarefullyaccessible.PersonsneedingspecialaccommodationtoparticipateshouldcontacttheIURAat274Ͳ6553,atleast72hrs. prior to the meeting,ifatallpossible.IthacaUrbanRenewalAgency108E.GreenSt.,3rdFloorIthaca,NY14850
Page 1 of 2
To: Planning and Economic Development Committee
From: Nick Goldsmith, Sustainability Coordinator
Date: January 16, 2020
Re: Ithaca Energy Code Supplement Update
The purpose of this memo is to provide an update on the development of the Ithaca Energy Code
Supplement (IECS). The last update of the IECS was presented to the PEDC in October 2019. Listed
below is a summary of the major activities that have taken place since then, an estimated timeline for
adopting the Code Supplement, and a selection of proposed changes to the IECS. For reference, the 08-
08-19 draft of the IECS is available for download at www.ithacagreenbuilding.com.
Since October 2019
- Worked with consultants to respond to 250 public comments received on IECS draft dated
August 8, 2019. Comment responses are about 80% complete.
- Proposed changes informed by comments and/or additional research. A few specific changes
are discussed in this document, below the timeline.
- Vetted changes with Working Group (composed of Town and City Planning and Building
Codes staff; Elected officials).
January 2020
- Deliver project update to PEDC 1/22.
- Finish responding to public comments. All comments and responses will be made public along
with the final draft IECS.
- Incorporate additional changes into IECS.
February
- Develop code language with City Attorneys and Building Division.
- Meet with Working Group 2/26 to approve final changes
March
Ͳ IECS draft to Town Codes and Ordinances Committee.
Ͳ IECS draft to PEDC 3/18, including public hearing.
April / May
Ͳ Common Council, Town Board consider adoption of final legislation.
CITY OF ITHACA
108 E. Green St. — Third Floor Ithaca, NY 14850-5690
JoAnn Cornish, Director
DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT
Division of Planning & Economic Development
Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6565
E-Mail: dgrunder@cityofithaca.org
Page 2 of 2
Changes
Several changes are being proposed to the Code Supplement, but it is still in alignment with the Green
Building Policy Report adopted by Council in 2018. Below is a selection of the proposed changes.
Ͳ Removed exemption for historic buildings. Several comments were received in favor of this
change, and none in opposition. There will be a clear appeals path in case historic buildings
cannot fully comply.
Ͳ Added Electric Vehicle Parking Spaces point, which offers up to two points for installing
electric vehicle chargers, parking spaces and related infrastructure. The number of EV chargers
required to earn the point is based on building size.
Ͳ Removed the prerequisite of no fossil fuels in the building for OP5, Custom energy
improvement.
Ͳ Changes to the off-site renewables regulations are being proposed to make compliance more
feasible. Some have been approved by the Working Group, others are still under discussion.
If you have any questions, please contact me at ngoldsmith@cityofithaca.org or 607-274-6562.
To:ParksRecreationandNaturalAreasCommission
From:ShadeTreeAdvisoryGroup
Date:9/9/2019
Subject:Summaryofresidentialtreeremovalordinances
Background:UrbanTreesareveryimportanttocitylife.ThetreesintheCityofIthacaprovidemillionsofdollarsofbenefits
peryearandprovidecountlessecologicalservicesforurbancommunities;reducingerosion,reducingheatingandcooling
costs,aidinginstormwatermitigation,cleaningtheairofharmfulparticulatepollution,producingoxygen,actingasa
carbonsinkandprovidinghabitatforwildlife.Treesincreasepropertyvalues,enhanceeconomicvitalityofbusinessareas
andbeautifyourcommunities.Acommunitydevoidoftreeswouldbarelybelivableasconnectionwiththenatural
environmentiskeyforhumanhealthandwellbeing.Forthesereasons,residentsoftheCityofIthacahaveraisedconcerns
aboutremovalofmaturetreesfromprivatepropertyforreasonsofinfilldevelopmentorinpreparationforlargescale
developmentofasitepriortosubmittalofsiteplanreviewapplication.
WhiletheCityofIthacadoeshaveordinancesthatprotecttheremovaloftreesonpublicproperty(streettrees,parktrees
andtreesinCitynaturalareas),thereiscurrentlynoordinancerestrictingtheremovaloftreesfromprivateproperty
outsideoftheSitePlanReviewprocess.The2ndWardCommonCouncilmembers,NyugenandMurtagh,haverequested
informationfromtheParks,RecreationandNaturalAreasCommitteeonpotentialadoptionofanewCityordinance
regulatingtheremovaloftreesfromprivatepropertywithasummaryreporttobesenttoPlanningandEconomic
DevelopmentCommittee.ThatrequestwasthenpassedontotheShadeTreeAdvisoryGroup(STAG),theformerShade
TreeAdvisoryCommittee.
Summary:MunicipalitiesaroundthecountrytrytoprotectalltreesintheirCity,notjustthestreetandparktrees.The
STAGresearchedthetreepreservationordinancesfor13communitiesintheUSandCanadawithcommunitypopulations
rangingfrom56,000to994,000.Theattachedspreadsheetcontainsourfindings.Asummaryofcommonthemesisas
follows:
x 2classesoftrees,“Significant”and“Historic”.Significanttreesbegin~6Ͳ8”inDBHandHistorictreesareverylarge
treesatleast24”inDBH
x Treesgrowingnearslopes,riparian,floodzonesaretakenintospecialconsiderationandcannotberemovedif
theyprovideabenefittoprotectingcriticalzones.
x Certainspeciesarevaluedmorethanothers.Large,unique,orcertainspeciesaretakenintoconsiderationmore
thansmallweedtreesorundesirablespecies(ieinvasivetrees).
x Dead,dying,ordiseasedtreesdonotneedapermittoremoveifthereisanimminenthazardoriftheproblem
cannotbemitigatedbypruning.
x Mostmunicipalitiesrequireanarboristreport,oratreeprotection/removalplantobesubmittedbeforeanywork
isdoneontheproperty,providedbytheownerordevelopertobereviewedbyCityForester.Location,size,
health,speciesshouldallbeincluded.
x SiteisthenreviewedbyCityForester2Ͳ4weeksfromreceivingthetreeplan
x AppealscanbemadetoremoveadditionaltreesafterForester’sfinaldecision
x SignificantorHistorictreesthatareapprovedforremovalarerequiredtobereplacedeitherwithmultipletrees
thatwilltakeupthesamecrownareaasalargetreeattimeofplanting,orwithsimilarspeciesthatwilltakeup
thesamespaceoncetheygetoldenough.
x Paymentinlieuofplantingispossibleandshouldtakeintoaccountthecostofthetrees,andcostofmaintenance
for~2years
x Ifapropertyownersignificantlyclearstreesfromapropertypriortosubmittalofasiteplanrevieworpriorto
submittaloftreeremovalapplication,thedeveloperwillbeforbiddenfromsubmittingasiteplanreviewfora
numberofyears.
Goals:Theideaofthisordinanceisnottocreateaprohibitionofremovingtreesfromprivateproperty.Thegoalisnotto
requiretheretentionofeverytreethatfallsintothe“regulated”category.Thispermitprocesswillrequireaconversation
abouteachtreeremovalrequest.Possibilitiesforretentionofhighqualitytreescanbeexploredbeforeremoval
permissionwouldbegranted.IfremovalisgrantedrequirementsandguidancefortreereͲplantingwouldbeprovidedto
theapplicant.Inthiswaytreecanopyacrossthecitycanbeconserved.
STAGseesthegoalsofthisordinanceasbeing:
1)TopreservetreecanopyforthebenefitalloftheIthacacommunity
2)ToaddressresidentconcernswithtreeremovalrelatedtoinͲfilldevelopment
3)ToclosealoopholebywhichdeveloperscancurrentlyclearͲcutapropertypriortosubmittalofasiteplanreview
applicationandasaresult,nothavetodealwithtreepreservationfortheirdevelopmentplans
4)Tocreateanordinancethatisnotoverlyburdensometocitystafforpropertyowners
Proposal:Toachievethesegoalsthefollowingpointsarerecommendedtobeincludedinaresidentialtreepreservation
ordinance:
x Regulationoftreeremovalwillapplyto“regulatedtrees”,beingtreesgreaterthan12”inDBH(truckdiameter)
orgreaterthan6”DBHfortreeslocatedinanenvironmentallycriticalarea(ieonslopes,inriparianzonesorflood
zones)
x Someundesirablespecieswouldnotberegulated,possiblyincludingTreeofHeaven(Ailanthus),boxelder(Acer
negundo),andash(Fraxinus).
x Treeremovalpermitapprovalwouldtakeintoconsideration;healthoftree,structuralconditionoftree,future
utilityconflicts,currentutilityeasements,publicsafetyconcerns,potentialsignificantburdentoeconomic
developmentofthesite.
x AnapprovedcertifiedArboristcouldsubmitashortreporttoconfirmtreespecies,treehealth,andstructural
conditionwhichwouldexcludeatreefromthe“regulatedtree”status.Alternatively,theCityForesterorForestry
Techniciancouldconfirmwithabriefsitevisitthatthetreeisexcludedfromthe“regulatedtree”category.
x Therewouldbeasmallfeeforpermitapplicationstopreventfrivolousrequestsandoffsetthecostofstafftime.
TheCityForesterwouldrespondtopermitapplicationswithin2weeks.
x AppealoftheForester’sdecisionwouldbetotheBoardofPublicWorks.
x Treeretentionwouldbeidealinthemajorityofsituationsbutifthatwasnotdeemedtobepossible,replacement
of“regulatedtrees”byplantingorpaymentinlieuofplantingwouldbeexpected;detailstobedetermined.
x Ordinancecouldberestrictedtospecificneighborhoodsorzonesofconcernasatestbeforebeingexpandedto
coverresidentialtreescityͲwide.
x ItshouldnotapplytotheeasementsorrightsͲofͲwayofutilitycompanies,tofederal,state,orlocalgovernments.
x Propertyownersthatknowinglyremoveatreeortreesfromprivatepropertywithoutapermitmaybeassessed
afineorberestrictedfromsubmittingasiteplanapplicationforanumberofyears.
Ifthisisadirectionthatthecommitteefeelsisappropriate,moretimewouldbeinvestedtodevelopadditionaldetails,
draftapplicationformsanddevisepubliccommunicationstrategies.
Afewsuggestionsfornextstepswouldbe:
x Tocontactsomeofthemunicipalitiesweevaluatedtoseehowtheordinanceisworkingforstaffandplanners
there.Thismayenlightenusifwedecidetoproceedtodraftinganordinance.
x Topollafewofthelocaltreecompaniestogaugehowmuchworktheydointhecity.Thiscouldhelpgetan
ideaofhowmanypermitapplicationswewouldhavetoprocess.Mayonlybeabletousethisordinanceinafew
neighborhoodswithcurrentstaffinglevels.
x Tothinkaboutallocatingcityfundstohelpreplanttreesonresidentialproperty.Atopicthatwasbroughtup
wastherecentNPRreportingonheatislandsandhowlowincomeneighborhoodsgenerallyhavelower
percentagesoftreecanopycoverageandthushighertemperature.Wecouldexploretheideaofcreatinga
granttypeprogramtohelplowerincomepropertyownersinthecityreplantresidentialtreesthatareremoved,
oriftheremovalofaneighboringtreeresultsinlossofshadeforanadjacentneighbor.Ithinkabigstumbling
blockforpeopletosuccessfullyplanttreesontheirownpropertyislackofknowledgeandthecostof
purchasingtrees.BuyingthemwholesaleastheCitydoesmakestreeplantingmuchlessexpensiveandadvising
peopleonproperspeciesselectionwouldbeveryeffectiveinincreasingsuccessfultreeplanting.
1 | Page
To:CommonCouncil
From:LisaNicholas,DeputyDirectorofPlanning
Date:January16,2020
Re:2020AnnualCouncilConcurrencethatthePlanningBoardbeLeadAgencyinEnvironmentalReview
forSitePlanReviewProjectsforwhichtheCommonCouncilisanInvolvedAgency
Annually,CommonCouncilpassesaresolutionconcurringthatthePlanningBoardwillbeLeadAgencyin
environmentalreviewforsiteplanreviewprojectsforwhichtheCommonCouncilisaninvolvedagency.
ExamplesofsuchprojectsincludetheChainworksDistrictProject,210HancockStreet,CarpenterCircleand320
WBuffalo(theImmaculateConceptionSite).Asperthepreviouslyadoptedresolutions,thisarrangementends
onDecember31ofeachyearandmustberenewedannually.Pleasefindenclosedaproposedresolutionwhich
extendsthisarrangementtoDecember31,2020.
Thepurposeofthisarrangementistomaketheenvironmentalreviewprocessmoreefficientwhile,atthesame
time,keepingCouncilinformedofitspotentialroleintheenvironmentalreviewofsiteplanprojects.
EnvironmentalformsandprojectinformationwouldcontinuetobeforwardeddirectlytoCouncilmembers
withouttheneedtocoordinatewithamonthlymeetingschedule.Thispreventsthedifficultyofthe30Ͳday
deadlinetoestablishLeadAgencybutpreservesCouncilabilitytonotconcurshouldthatbethepreferredcourse
ofactionforanyfutureproject.Asaninvolvedagency,Councilcould,ifdesired,provideinputtotheLead
Agency.Allcommentsfrominvolvedagenciesareaddressedduringtheenvironmentalreview.
ThePlanningBoardalsohasthisarrangementwiththeBoardofZoningAppeals.
Ifyouhaveanyquestions,pleasecontactmeat274Ͳ6557
CITY OF ITHACA
108 E. Green St. — Third Floor Ithaca, NY 14850-5690
DEPARTMENT OF PLANNING AND DEVELOPMENT
JoAnn Cornish, Director
Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6565
E-Mail: dgrunder@cityofithaca.org
2020AnnualCommonCouncilConcurrencethattheCityofIthacaPlanningandDevelopmentBoardbe
LeadAgencyinEnvironmentalReviewforSitePlanReviewProjectsforwhichtheCommonCouncilisan
InvolvedAgencyResolution
WHEREAS:6NYCRRPart617oftheStateEnvironmentalQualityReviewLawandChapter176.6ofthe
CityCode,EnvironmentalQualityReview,requirethataleadagencybeestablishedforconducting
environmentalreviewofprojectsinaccordancewithlocalandstateenvironmentallaw,and
WHEREAS,StateLawspecifiesthat,foractionsgovernedbylocalenvironmentalreview,theleadagency
shallbethatlocalagencywhichhasprimaryresponsibilityforapprovingandfundingorcarryingoutthe
action,and
WHEREAS,StateLawalsospecifiesthatwhenanagencyproposestodirectlyundertake,fundorapprove
aTypeIorUnlistedActionundergoingcoordinatedreviewwithotherinvolvedagencies,itmustnotify
themthataleadagencymustbeagreeduponwithin30calendardaysofthedatethattheEnvironmental
AssessmentForm(EAF)ordraftEISwastransmittedtothem,and
WHEREAS,ProjectssubmittedtothePlanningBoardforSitePlanReviewandApproval,attimesinvolve
approvalsorfundingfromCommonCouncil,makingCouncilaninvolvedagencyinenvironmentalreview,
and
WHEREAS,inaccordancewiththeStateEnvironmentalQualityReviewLawandtheCityofIthaca
EnvironmentalQualityReviewOrdinance,involvedagenciesareprovidedwithprojectinformationand
environmentalformsfortheirreview,aswellasallenvironmentaldeterminations,and
WHEREAS,CommonCouncildidconsenttothePlanning&DevelopmentBoardactingasLeadAgencyin
environmentalreviewforsiteplanreviewprojectsforwhichCommonCouncilhasbeenidentifiedasan
InvolvedAgencysince2015,and
WHEREAS,inordertoavoiddelaysinestablishingaLeadAgencyandtomaketheenvironmentalreview
processmoreefficient,itisdesiroustocontinuetheagreementinwhichthePlanningBoardwillassume
LeadAgencystatusforsuchprojects;thereforebeit
RESOLVED,thatCommonCouncildoesherebyconsenttothePlanning&DevelopmentBoardactingas
LeadAgencyinenvironmentalreviewforsiteplanreviewprojectsforwhichCommonCouncilhasbeen
identifiedasanInvolvedAgencythroughDecember31,2020;and,beitfurther
RESOLVED,thatforanyfutureprojectCommonCouncilmaywithholdorwithdrawitsconsentshouldit
sodesire.
To: Planning and Economic Development Committee
From: Jennifer Kusznir, Economic Development Planner
Date: January 17, 2020
RE: Proposal to Amend the Zoning Code Regarding Community Gardens
The purpose of this memo is to provide information regarding a proposal to make minor amendments
to the zoning code regarding community gardens.
At last month’s meeting the Committee discussed a proposal to amend the City Code in order to
clarify the definition of community gardens, to add a new definition for neighborhood gardens, and
to amend the guidelines for special permit requirements for neighborhood gardens. The Committee
directed staff to circulate the proposal for comments.
Țʹ͵ͻǦǦ
Ǥǯ
Ǥ ǤAlso enclosed for your
consideration is the completed Short Environmental Assessment Form, and draft resolutions for
declaration of lead agency and determination of environmental significance.
If you have questions or require additional information, please feel free to contact me at
jenniferk@cityofithaca.org.
CITY OF ITHACA
108 E. Green St. — Third Floor Ithaca, NY 14850-5690
DEPARTMENT OF PLANNING AND DEVELOPMENT
JoAnn Cornish, Director
Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6565
E-Mail: dgrunder@cityofithaca.org
Draft Resolution
01/17/2020
A Proposal to Amend The Municipal Code Of The City Of Ithaca, Chapter
325, Entitled “Zoning” to Clarify the Definition of Community Gardens
and to Add a Definition for Neighborhood Gardens and to Establish
Guidelines for Special Permit Requirements for Neighborhood Gardens --
Declaration of Lead Agency
WHEREAS, State Law and Section 176-6 of the City Code require that
a lead agency be established for conducting environmental review
of projects in accordance with local and state environmental law,
and
WHEREAS, State Law specifies that, for actions governed by local
environmental review, the lead agency shall be that local agency
which has primary responsibility for approving and funding or
carrying out the action, and
WHEREAS, the proposed action is an “Unlisted” Action under the
City Environmental Quality Review 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
proposal to amend The Municipal Code Of The City Of Ithaca, Chapter
325, Entitled “Zoning” to Clarify the Definition of Community
Gardens and to Add a Definition for Neighborhood Gardens and to
Establish Guidelines for Special Permit Requirements for
Neighborhood Gardens
Draft Resolution
01/17/2020
A Proposal to Amend The Municipal Code Of The City Of Ithaca,
Chapter 325, Entitled “Zoning” to Clarify the Definition of
Community Gardens and to Add a Definition for Neighborhood Gardens
and to Establish Guidelines for Special Permit Requirements for
Neighborhood Gardens --
Declaration of Environmental Significance
WHEREAS, the Common Council of the City of Ithaca is considering
a proposal Amend The Municipal Code Of The City Of Ithaca, Chapter
325, Entitled “Zoning” to Clarify the Definition of Community
Gardens and to Add a Definition for Neighborhood Gardens and to
Establish Guidelines for Special Permit Requirements, and
WHEREAS, the proposed action is an “Unlisted” Action under the
City Environmental Quality Review Ordinance, and
WHEREAS, the appropriate environmental review has been conducted,
including the preparation of a Short Environmental Assessment Form
(SEAF), Parts 1 and 2, dated December 9, 2019, 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, dated
December 9, 2019, 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.
08/07/19
Page 1 of 3
An Ordinance Amending The Municipal Code Of The City Of Ithaca, Chapter
325, Entitled “Zoning” to Clarify the Definition of Community Gardens
and to Add a Definition for Neighborhood Gardens and to Establish
Guidelines for Special Permit Requirements for Neighborhood Gardens
The ordinance to be considered shall be as follows:
ORDINANCE NO.
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF ITHACA, CHAPTER
325, ENTITLED “ZONING” TO DEFINE NEIGHBORHOOD AND COMMUNITY GARDENS
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 325-3, Definitions, be amended to add a
new definition of Neighborhood Garden and to amend the existing
definition of Community Gardens, to read as follows:
§ 325-3. Definitions and word usage.
COMMUNITY OR NEIGHBORHOOD GARDEN. An area used by several
individuals or families, operating in association with
each other and under sponsorship by a nonprofit or
voluntary organization, primarily for seasonal production
of vegetables and other garden produce for home
consumption by the individuals or families directly
engaged in such production or for food donations. [Added
7-10-1985 by Ord. No. 85-6]
COMMUNITY GARDEN. A lot that is specifically intended to
be gardened by a group of people, with membership open to
the public, operating in association with each other and
under sponsorship by a nonprofit or voluntary organization
utilizing either individual or shared plots on private or
public land. The land may produce fruit, vegetables, and
other garden produce; culinary, medicinal, or beneficial
plants; and/or ornamentals. It may also contain
structures intended to support year round gardening,
community events or education of the gardening process.
Section 2. Chapter 325, Section 325-9, Special Permits, be amended to
remove Community Gardens from this section, to read as follows:
§ 325-9 Special Permits
B. Applicability.
(1.)The uses listed under the district regulations in
§325-8, District Regulations, which require a
08/07/19
Page 2 of 3
special permit from the Planning and Development
Board are as follows:
(m)Community or neighborhood Neighborhood
gardens in all districts.
F. Expiration and Renewals.
(1.) Special permits do not expire, with the following
exceptions:
(d) A community or neighborhood garden special
permit shall expire automatically if the site
is not used as a community or neighborhood
garden, as defined in §325-3, for one complete
garden season.
(1) If a community or neighborhood garden
special permit should expire, a new
application must be submitted pursuant to
§325-9C of this chapter.
Section 3. Chapter 325, Section 325-10, Additional Conditions for Special
Permits, be amended to remove Community Gardens from this section, to
read as follows:
§ 325-10 Additional Conditions for Special Permits
B. Applicability. All uses allowed by special permit shall be subject to the criteria set forth in
§325-9, Special Permits. In addition, accessory apartments, bed-and-breakfast homes, bed-
and-breakfast inns, community or neighborhood gardens, and schools and related uses shall
be subject to additional conditions as set forth in §325-10C.
C. Additional Conditions.
(3)Community or nNeighborhood gardens. The following specific conditions shall be
applicable to all special permits for community or nneighborhood gardens:
(n) Approved special permits for community and neighborhood gardens
shall be reviewed by the Director of Planning and Development or
designee at least annually for compliance with the above noted
conditions and other conditions specific to each permit’s approval. 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
designated contact person, requiring that such violation be corrected
within 15 days. If satisfactory correction is not made, the special
permit may be revoked by the Director of Planning and Development
or designee.
(o) In consideration of the fact that such gardens may be of an 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:
08/07/19
Page 3 of 3
Section 6. Severability. Severability is intended throughout and within
the provisions of this local law. If any section, subsection, sentence,
clause, phrase or portion of this local law is held to be invalid or
unconstitutional by a court of competent jurisdiction, then that decision
shall not affect the validity of the remaining portion.
Section 7. Effective date. This ordinance shall take affect
immediately and in accordance with law upon publication of notices as
provided in the Ithaca City Charter.
Page 1 of 3
Short Environmental Assessment Form
Part 1 - Project Information
Instructions for Completing
Part 1 – Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the
application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on
information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as
thoroughly as possible based on current information.
Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the
lead agency; attach additional pages as necessary to supplement any item.
Part 1 – Project and Sponsor Information
Name of Action or Project:
Project Location (describe, and attach a location map):
Brief Description of Proposed Action:
Name of Applicant or Sponsor:Telephone:
E-Mail:
Address:
City/PO: State: Zip Code:
1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance,
administrative rule, or regulation?
If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that
may be affected in the municipality and proceed to Part 2. If no, continue to question 2.
NO YES
2. Does the proposed action require a permit, approval or funding from any other government Agency?
If Yes, list agency(s) name and permit or approval:
NO YES
3. a. Total acreage of the site of the proposed action? __________ acres
b. Total acreage to be physically disturbed? __________ acres
c. Total acreage (project site and any contiguous properties) owned
or controlled by the applicant or project sponsor? __________ acres
Check all land uses that occur on,DUHadjoining RU near the proposed actioQ
8UEDQRural (non-agriculture),ndustrial Commercial Residential (suburban)
$TXDWLF2WKHU 6SHFLI\ ƑForest Agriculture
ƑParkland
SEAF 2019
City of Ithaca
Proposal to Amend the Zoning Code Regarding Community Gardens
City of Ithaca
An proposal to change the 325-3 Definitions, 325-9 Special permits, and 325-10 Additional Conditions for Special Permits in order to amend the
existing regulations to refer to neighborhood gardens and to create a new definition for community gardens. Enclosed is a draft ordinance.
City of Ithaca
607-274-6650
jenniferk@cityofithaca.org
108 East Green Street
Ithaca NY 14850
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Page 2 of 3
5. Is the proposed action,
a. A permitted use under the zoning regulations?
b. Consistent with the adopted comprehensive plan?
NO YES N/A
6. Is the proposed action consistent with the predominant character of the existing built or natural landscape?NO YES
7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area?
If Yes, identify: ________________________________________________________________________________
NO YES
a. Will the proposed action result in a substantial increase in traffic above present levels?
EAre public transportation services available at or near the site of the proposed action?
FAre any pedestrian accommodations or bicycle routes available on or near WKHsite of the proposed
action?
NO YES
9. Does the proposed action meet or exceed the state energy code requirements?
If the proposed action will exceed requirements, describe design features and technologies:
_____________________________________________________________________________________________
_____________________________________________________________________________________________
NO YES
10. Will the proposed action connect to an existing public/private water supply?
If No, describe method for providing potable ZDWHU: _________________________________________
_____________________________________________________________________________________________
NO YES
11. Will the proposed action connect to existing wastewater utilities?
If No, describe method for providing wastewater treatment: ______________________________________
_____________________________________________________________________________________________
NO YES
DUFKDHRORJLFDOVLWHVRQWKH1<6WDWH+LVWRULF3UHVHUYDWLRQ2IILFH 6+32 DUFKDHRORJLFDOVLWHLQYHQWRU\"
NO YES
D. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain
wetlands or other waterbodies regulated by a federal, state or local agency?
EWould the proposed action physically alter, or encroach into, any existing wetland or waterbody?
If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: _____________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
NO YES
D'RHVWKHSURMHFWVLWHFRQWDLQRULVLWVXEVWDQWLDOO\FRQWLJXRXVWRDEXLOGLQJDUFKDHRORJLFDOVLWHRUGLVWULFW
ZKLFKLVOLVWHGRQWKH1DWLRQDORU6WDWH5HJLVWHURI+LVWRULF3ODFHVRUWKDWKDVEHHQGHWHUPLQHGE\WKH
&RPPLVVLRQHURIWKH1<62IILFHRI3DUNV5HFUHDWLRQDQG+LVWRULF3UHVHUYDWLRQWREHHOLJLEOHIRUOLVWLQJRQWKH
6WDWH5HJLVWHURI+LVWRULF3ODFHV"
E ,VWKHSURMHFWVLWHRUDQ\SRUWLRQRILWORFDWHGLQRUDGMDFHQWWRDQDUHDGHVLJQDWHGDVVHQVLWLYHIRU
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Page 1 of 2
Part 2
Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by
the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by
the concept “Have my responses been reasonable considering the scale and context of the proposed action?”
No, or
small
impact
may
occur
Moderate
to large
impact
may
occur
1. Will the proposed action create a material conflict with an adopted land use plan or zoning
regulations?
2. Will the proposed action result in a change in the use or intensity of use of land?
3. Will the proposed action impair the character or quality of the existing community?
4. Will the proposed action have an impact on the environmental characteristics that caused the
establishment of a Critical Environmental Area (CEA)?
5. Will the proposed action result in an adverse change in the existing level of traffic or
affect existing infrastructure for mass transit, biking or walkway?
6. Will the proposed action cause an increase in the use of energy and it fails to incorporate
reasonably available energy conservation or renewable energy opportunities?
7. Will the proposed action impact existing:
a. public / private water supplies?
b. public / private wastewater treatment utilities?
8. Will the proposed action impair the character or quality of important historic, archaeological,
architectural or aesthetic resources?
9. Will the proposed action result in an adverse change to natural resources (e.g., wetlands,
waterbodies, groundwater, air quality, flora and fauna)?
10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage
problems?
11. Will the proposed action create a hazard to environmental resources or human health?
SEAF 2019
Proposal to Amend the Zoning Code R
12/19/2019
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PRINT FORM
Svante Myrick
Mayor
To: Planning and Economic Development Committee
From: Jennifer Kusznir, Senior Planner
Alexander Phillips, Planner
Date: January 17, 2020
Re: Establishment of Regulations for Accessory Dwelling Units (ADUs)
The purpose of this memo is to provide information on a proposal to establish regulations for
developing ADUs in the R-1 and R-2 zoning districts.
Last month staff presented a draft ordinance to regulate accessory dwelling units in 1 and 2
family residential zoning districts. The proposal was postponed because the staff and the
Committee did not have adequate time to review County GML recommendations that were
received earlier that day. After reviewing the recommendations, staff drafted a memo to the
County in order to provide additional information on the proposal and to clarify some
information. On January 14, 2020, the County sent an updated GML review letter stating that
the proposal as written may result in negative inter-community or county-wide impacts. The
County is recommending three options that they would like the City to consider. If the City does
not include one of the options presented by the County, the proposed ADU legislation will
require a super majority vote of the Council in order to be adopted. The three recommendations
are listed below:
x Eliminate the restriction of only one primary structure on a lot in the identified districts;
or
x Allow additional primary structures by special permit, with specific guidelines to direct
the PB review; or
x Since your memo of January 9, 2020 indicates it is the City's intention that this ban be
"an interim step while developing specific legislation that would allow for the
development of pocket neighborhoods and other forms of multiple primary
development," enact a moratorium on development of more than one primary structure on
a lot. By establishing a formal moratorium for a succinct period, the City would officially
ensure it will act on this issue.
CITY OF ITHACA
108 E. Green St. — Third Floor Ithaca, NY 14850-5690
DEPARTMENT OF PLANNING AND DEVELOPMENT
JoAnn Cornish, Director
Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6565
E-Mail: dgrunder@cityofithaca.org
The draft ordinance is enclosed for your consideration. Also enclosed are draft resolutions for
lead agency and environmental significance. If you have any concerns or questions regarding
any of this information, feel free to contact us at 274-6410.
j:\planning\groups\planning and econ dev committee\2020 planning and economic development
committee\january\adus\16 - 2019-adu-leadagencyres-12-05-1.doc
12/5/19
An Ordinance Amending the Municipal Code of the City Of Ithaca,
Chapter 325, Entitled “Zoning” To Establish Regulations for
Accessory Dwelling Units (ADUs)• Declaration of Lead Agency
WHEREAS, State Law and Section 176-6 of the City Code require
that a lead agency be established for conducting environmental
review of projects in accordance with local and state
environmental law, and
WHEREAS, State Law specifies that, for actions governed by local
environmental review, the lead agency shall be that local agency
which has primary responsibility for approving and funding or
carrying out the action, and
WHEREAS, the proposed zoning amendment is a “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 establishment of regulations regarding accessory dwelling
units.
Draft Resolution
12/5/19
An Ordinance Amending the Municipal Code of the City Of Ithaca,
Chapter 325, Entitled “Zoning” To Establish Regulations for
Accessory Dwelling Units (ADUs)ʊ Declaration of Environmental
Significance
1. WHEREAS, demand for additional housing development has
resulted in an increase in residential infill development
within neighborhoods in the City, and
2. WHEREAS,the City would like to allow for appropriate
levels of residential development of accessory dwelling
units, while also protecting neighborhoods from development
that is out of scale and character with the surrounding
neighborhoods, and
3. WHEREAS, in August 2019, staff held a community
conversation on accessory dwelling units and solicited
comments from the public, and
4. WHEREAS,staff evaluated all of the public feedback and
spent several months evaluating options to regulate
accessory dwelling units, while taking into consideration
public concerns, and
5. WHEREAS, staff has drafted an ordinance that will establish
guidelines for developing accessory dwelling units in the
R-1 and R-2, CR-1, and CR-2 zoning districts, and
6.WHEREAS, the appropriate environmental review has been
conducted, including the preparation of a Full
Environmental Assessment Form (FEAF), dated November 22,
2019, and
7. WHEREAS, the proposed action is a “unlisted” Action under
the City Environmental Quality Review Ordinance, and
8. WHEREAS, the Common Council of the City of Ithaca, acting
as lead agency, has reviewed the FEAF prepared by planning
staff; now, therefore, be it
1. RESOLVED, that this Common Council, as lead agency in this
matter, hereby adopts as its own the findings and
conclusions more fully set forth on the Full Environmental
Assessment Form, dated November 22, 2019, and be it further
2. RESOLVED, that this Common Council, as lead agency in this
matter, hereby determines that the proposed action at issue
will not have a significant effect on the environment, and
that further environmental review is unnecessary, and be it
further
3.RESOLVED, that this resolution constitutes notice of this
negative declaration and that the City Clerk is hereby
directed to file a copy of the same, together with any
attachments, in the City Clerk’s Office, and forward the
same to any other parties as required by law.
1/17/2020
1 | Page
PLANNING COMMITTEE:
An Ordinance Amending the Municipal Code of the City Of Ithaca,
Chapter 325, Entitled “Zoning” In Order to Establish Regulations
for the Development of Accessory Dwelling Units
ORDINANCE NO. ____
1. WHEREAS, in 2017, the City established the South Hill Overlay
District (SHOD) in response to concerns that were raised by
the South Hill neighborhood rapid in-fill development of
multiple primary structures(in the neighborhood and the
impacts on both the aesthetic qualities and the character of
the neighborhood, and
2. WHEREAS,the SHOD was intended to be a temporary measure to
prevent further development until the City could establish
regulations for this type of infill (ADUs), and
3. WHEREAS,in the interim, similar concerns about development
pressure were raised throughout the City, and
4. WHEREAS, City staff were directed to research how
infill(ADUS)development is regulated in other municipalities,
and
5. WHEREAS,Planning Staff spent several months researching other
communities and developing proposals to encourage the
development of accessory dwelling units (ADUS) that would
protect neighborhoods while allowing for housing options that
could provide property owners with additional income, and
6. WHEREAS,on August 29, 2019, a community meeting was held,
with approximately 70 people in attendance, who offered
opinions on options to allow the development of appropriate
ADUs, and
7. WHEREAS,and staff has considered feedback from the public,
the Common Council, and other communities and has developed a
set of regulations allowing property owners to develop ADUs,
where appropriate, and the means to protect neighborhoods from
the negative impacts of over development,now therefore be it
ORDAINED AND ENACTED by the Common Council of the City of Ithaca
that Chapter 325, Zoning, be amended as follows:
1/17/2020
2 | Page
Section 1. Chapter 325-3B of the Municipal Code of the City of
Ithaca, entitled “Definitions and Word Usage”, is hereby amended
to add the following new definitions:
Accessory Dwelling Unit (ADU)— A second dwelling unit
located in the rear or side yard on a lot with any one-family
dwelling in R-1 and CR-1 zoning districts, or in any one-family
dwelling or two-family dwelling in R-2 and CR-2 zoning
districts(see Section 2.-F.3d). The second unit is created
secondary to, and is always smaller than the primary one-family
dwelling. The unit includes its own independent habitable space
including provision for sleeping, cooking, and sanitation, and
is designed to be occupied by an individual or a family, plus
not more than one unrelated occupant, independent of the primary
dwelling unit.
1. Attached Accessory Dwelling Unit (AADU) – A room or set of
rooms, basement, or any other space that is located within
a primary structure, but is established as a separate
dwelling unit. AADUs may be occupied by an individual or
a family, plus not more than one unrelated occupant.
2. Detached Accessory Dwelling Unit (DADU) – A separate
dwelling unit that is constructed on a single family lot
that is not connected to the primary structure. DADUs may be
occupied by an individual or a family, plus not more than one
unrelated occupant.
3. Out Building Conversion - A separate dwelling unit that is
converted from an existing garage, carriage house, or other
accessory structure. Out Building Conversion’s may be occupied
by an individual or a family, plus not more than one unrelated
occupant.
Contiguous Green Space - Green Space on a lot that is
uninterrupted by structures or paved surfaces. Contiguous green
space must be at least 15’ in width.
Section 2. Chapter 325-8 of the Municipal Code of the City of
Ithaca, entitled “District Regulations”, is hereby amended to
add a new section F, entitled “Additional Restrictions in the R-
1, R-2, CR-1, and CR-2 Zoning Districts”, to read as follows:
F. Additional Restrictions in the R-1, R-2, CR-1, and CR-2
Zoning Districts.
(1) Intent. This section authorizes the installation of
accessory dwelling units in the R-1, R-2, CR-1, and
1/17/2020
3 | Page
CR-2 districts. The purpose and intent of permitting
accessory dwelling units is:
(a) To provide homeowners, especially those of low
and moderate income, with a means of obtaining
through rental income, companionship, security
and services and thereby to enable them to stay
more comfortably in homes and neighborhoods they
might be forced to leave.
(b) To add inexpensive rental units to the housing
stock to meet the needs of smaller households,
both young and old.
(c) To make housing units available to low- and
moderate- income households who might otherwise
have difficulty finding homes within the City.
(d) To develop housing units in family neighborhoods
that are appropriate for households at a variety
of stages in the lifecycle, thereby lessening
fluctuations in neighborhood demand for services.
(e) To preserve and allow more efficient use of the
City’s existing stock of dwellings while ensuring
healthy and safe living environments.
(f) To allow for the creation of additional housing,
while minimizing impacts to surrounding
properties.
(2) General Restrictions.
(a) In the R-1, R-2, CR-1, and CR-2 Zoning Districts,
only one primary structure is permitted as of
right.
(3) Additional Requirements for Accessory Dwelling Units
(a) All Accessory Dwelling Units that have any
exterior changes to existing structures or any
new ADUs that are new construction are subject to
site plan review.
(b) Number of Accessory Dwelling Units. Only one
accessory dwelling unit, attached or detached, is
permitted on a lot.
(c) Parking. No additional parking is required for
accessory dwelling units.
(d) Location. Accessory Dwelling Units may be located
on any lot in the CR-1 or R-1 zoning district
that contains a one-family dwelling and on any
lot in the CR-2 and R-2 zoning district that
1/17/2020
4 | Page
contains a one- or two-family dwelling. ADUs are
permitted in any side or rear yard but not in the
required front yard. Corner Lots shall be
considered to have two front yards.
(e) Additional Requirements for Detached ADUs.
[1] Notwithstanding any other requirements of
this section, Setbacks for ADUs are
consistent with existing zoning setbacks for
primary structures
[2] A DADU may not be placed less than 5 feet
from the primary structure.
[3] ADUs are not subject to the maximum lot
coverage requirement, however, properties
with ADUs are required to maintain 35%
contiguous green space.
.
(f) Number of Residents. Accessory Dwelling Units may
be occupied by an individual or a family, plus
not more than one unrelated occupant.
(g) Appearance of Accessory Dwelling Units. Accessory
Dwelling Units should not disrupt the overall
architectural character of the neighborhood. A
similar architectural style and roof pitch should
connect the primary structure to the accessory
dwelling unit.
[1] Location of Entrances. New or additional
front entrances are discouraged, but in any
event must be compatible with the
1/17/2020
5 | Page
architectural style of the existing
structure. Detached accessory dwelling units
(DADU) are exempt from this standard.
(h) Size Allowances.
[1] Detached Accessory Dwelling Units- The
maximum size of a DADU may be no more than
75% of the habitable area of the primary
structure or 800 square feet, whichever is
less.
[2] Attached Accessory Dwelling Units- The
maximum size of an AADU that is added onto
the existing structure may be no more than
33.3% of the habitable area of the primary
structure. AADUs which do not change the
exterior appearance of the primary structure
have no maximum size limit.
[3] Out Building Conversion- Outbuilding
conversions are exempt from all area
requirements, including maximum lot coverage
requirements, minimum green space
requirements, and any setback requirements.
Section 3. Chapter 325-10 of the Municipal Code of the City of
Ithaca, entitled “Accessory Apartments”, is hereby deleted in
its entirety.
Section 4. The City Planning and Development Board, the City
Clerk and the Planning Department shall amend the district
regulations chart in accordance with the amendments made
herewith.
Section 5.Severability. Severability is intended throughout
and within the provisions of this local law. If any section,
subsection, sentence, clause, phrase or portion of this local
law is held to be invalid or unconstitutional by a court of
competent jurisdiction, then that decision shall not affect the
validity of the remaining portion.
Section 6. Effective date. This ordinance shall take effect
immediately and in accordance with law upon publication of
notices as provided in the Ithaca City Charter.
2019Planning&EconomicDevelopmentDivisionAccomplishments
Italicizeditemsarethosethatwerenotonthe2019WorkPlan
TopAccomplishments
1. Coordinated;theapprovalof14developmentprojectsequaling$184millionininvestment;
329rentalhousingunitsofwhich120areaffordable;9forͲsalehousingunitsforwhich8are
affordable;and117,100Sq.Ft.ofnewandrefurbishedcommercialspace.
2. IURAͲDisbursed$1.84millioningrantfundsforaffordablehousing,jobtrainingandplacement,
jobcreationactivities,preventionofhomelessness,andpublicfacilitiestostrengthen
neighborhoods.
3. AdvancedSustainabilityGoals
a. CompletedfinaldraftofIthacaEnergyCodeSupplementfornewconstruction
b. BeganimplementationofGreenNewDeal
4. PublicArt–ImprovedonlineresourcesandstreamlinedapprovalProcess
5. PartneredwithTC3toestablishaSmallBusinessDevelopmentCouncilOfficeofferingproͲ
bonobusinessadvisingserviceintheCity.
6. AdvancedChainworksRedevelopmentProjectͲCompletionofEIS,FinalSitePlanApprovalforPhase
1andAdoptionofthePUD&DesignGuidelines.
7. PhaseIIComprehensivePlanning
a. AdoptionofGreaterSouthsideNeighborhoodPlan
b. AdoptionoftheWaterfrontPlanandDesignGuidelines
8. Awarded$100,000inStateFundingtoAdvancetheClimateActionPlan
9. Awarded$5millioninStateFundingtoConstructaDowntownConferenceCenter
10.PlannedUnitDevelopment
a.Adoptionof320WBuffaloPUD
b.DraftandDevelopmentofCarpenterCirclePUD
11. DevelopedandProducedthe“DoingBusinessinIthacaGuide”.
12. NegotiatedandapprovedaDispositionandDevelopmentAgreementwithVecinoGroup
NewYork,LLCtoconveyandredevelopthewesternsectionoftheGreenStreetGaragesite
foranurbanrenewalprojectthatincludes217affordablerentalhousingunits,350newand
refurbishedparkingspaces,anda49,000ͲSFconferencecenter.
13. ExecutedtheGrantDisbursalAgreementfora2MillionDollarNYSCapitalWorksGrantforthe
DredgingofCascadillaCreek
CITYOFITHACA
108E.GreenSt.—ThirdFloorIthaca,NY14850Ͳ5690
JoAnnCornish,Director
DEPARTMENTOFPLANNINGandDEVELOPMENT
DivisionofPlanning&EconomicDevelopment
Planning&Development–607Ͳ274Ͳ6550CommunityDevelopment/IURA–607Ͳ274Ͳ6565
EͲMail:dgrunder@cityofithaca.org
2019
PlanningDivisionAccomplishments
Page 2 of 9
DowntownPlan
x Held3DesignCharrettes
x ConvenedtheAdvisoryGroup(met4times)
x Developed&DistributedBusiness&CommunitySurveys
x Gavemultiplepresentationsforcommunityinput
WaterfrontStudyAreaPlan
x Workedwitha17memberworkinggrouptodevelopacomprehensiveplanforthe
waterfrontarea.
x Heldpublicoutreachforumsonthewaterfronttointroducetheplantothepublic
x CoordinatedPlanAdoptionbyCommonCouncil
CoordinatedAdoptionoftheGreaterSouthsideNeighborhoodPlan
StrategicPlanforCityFacilities
x WorkedwithIFDtodevelopaplanfortherelocationoftheEastHillFireStationincluding
evaluationoffivepotentialsites.
x FacilitatedRelocationStudyfortheIthacaPoliceDepartment.
o Workedwithaconsultanttocompleteanassessmentoftheexistingpolicefacility
andtodevelopacomprehensivespaceneedsassessment.
o CompletedaspecialstudyforconsiderationofajointTompkinsCountySheriff/Ithaca
PoliceDepartmentfacilityintheCityofIthaca.
o IdentifiedandevaluatedpotentialsitesforrelocationofIPD.
x WorkedwithconsultanttodeveloptheWaterandSewerandStreetsandfacilitiesspace
needsassessmentsanddevelopconceptualplansforpossiblefutureconsolidatedfacilities.
x Workedwithconsultanttodevelopconceptualplansforacentralcampusthatwouldhouse
CityHall,IPD,andCentralFire.
CayugaStreetImprovements
x Jointlymanaged,withEngineeringDepartmentandStreetsandFacilities,theplanningand
installationofnewpedestrianscaledlightingandpavementon200Ͳ300blocksofN.Cayuga
Street.
CapitalProjects
x CoordinatedCapitalBudgetProcessfor59Requeststotalingover26milliondollars,32of
whichwererecommendedforfundingatatotalofapproximately7milliondollars,with$1.6
millioninreimbursablefunds.
PlanningProjects,Plans&Studies
2019
PlanningDivisionAccomplishments
Page 3 of 9
CollegetownStreetscapePlan(Support)
InletDredging(Support)
x WorkedwithSuperintendentofPublicWorks,theDEC,andaconsultantteamtofurtherthe
constructionoftheSedimentManagementFacilityinthesouthwestarea.
CascadillaCreekDredging
x CompletedpaperworkandExecutionofaGrantDispersalAgreementfor$2million.
x WorkedwithPublicWorksandTGMillertoreviewbiddocuments(supportrole).
x WorkedwithAttorney’sofficetodevelopandexecuteaTemporaryEasementwithadjacent
propertyowners.
IntercityBusses
x Organizedmeetingwithintercityserviceproviders,businessandpropertyowners,and
CountyagenciestorelocatethebusstationtoGreenStreet.
x Workedwithintercityserviceproviderstocoordinateschedules.
x WorkedwiththeParkingDivisionandEngineeringtoinstallnewsignageandrelocate
parkingtoallowfora“BussesOnly”laneand“NoParkingPassengerDropOffandPickUp
Only”onGreenStreet.
x Coordinatedandparticipatedinonstreetassistanceforprovidersandridersduringthe
schoolbreaksandheavytraveldays.
x WorkedwiththeCityAttorney’sofficeandoutsidecounciltoprepareandtestifyinalawsuit
filedbyOurBusforwhichthecitywassuccessfulinwinning.
HomelessHousingTaskForce
x AttendedmeetingsandprovidedsupportandinformationfortheHomelessHousingTask
Force.
Housing
x StudiedInfillHousingͲAccessoryApartmentsintheRZones
o Studiedlawsregulatingaccessoryapartmentsandidentifiedareasforpotential
change.
o HeldCommunityConversationtogetfeedbackonpotentialchangesandissues.
o DraftedlegislatingforregulationofAccessoryDwellingUnits.
x ShortTermRentals
o PreparedadraftWhitePaperandFAQforSTR.
o Investigatedthirdpartymonitoringcompanies.
o ResearchedNYSBuildingStandardsandCodesastheypertaintoSTRs.
o CompileddataonnumberofSTRcurrentlyintheCityofIthaca.
2019
PlanningDivisionAccomplishments
Page 4 of 9
GreenNewDealImplementation
x WorkedwithMayor’sOfficetodevelopGreenNewDealproposal.
x FormedandconvenedaGNDTransitionTeamtodraftaSustainabilityMangerJob
descriptionandrelateddocumentsinpreparationforanApril1,2020startdate.
x FormedandconvenedanInterimAdvisorCommitteeofoutsidestakeholders.
x PerformedoutreachtoeducateandbuildsupportforGND.
x CraftedinitialcommunicationsincludingwebpageandGNDsummarydocument.
IthacaEnergyCodeSupplement
x DraftedIthacaEnergyCodeSupplementlanguagebasedonGreenBuildingPolicyreport.
x ConvenedandfacilitatedregularmeetingswithWorkingGroup.
x Gatheredfeedbackthroughpublicoutreach,including13presentations.
EmissionsReductionsforExistingBuildings
x Secureda$62,850ParkFoundationgranttostudypotentiallegislation.
x WorkedwithCornellprofessorsandclassestoconductearlyresearch.
x WorkedwithTownofBedfordandCityofSaratogaSpringstodeveloprelatedproject.
Other
x Administeredandappliedforgrants.
x OversawdissolutionoftheSustainabilityCenterandsubsequentestablishmentofthe
SustainabilityInitiativeoftheHistoryCenterinTompkinsCounty.
x PublishedIthacaSustainabilityNewsletter.
x CoordinatedspecialeventssuchasNYSERDACleanEnergyCommunitiesvideoshootand
CenterforPerformanceandCivicPracticepreliminaryvisit.
x RepresentedCityforlocal,state,andnationalinitiativesandorganizations,suchasTompkins
CountyEnergyTaskForce,Ithaca2030District,andUrbanSustainabilityDirectorsNetwork.
x RevisionstoandAdoptionoftheSpecialPermitOrdinance.
x DraftedLegislationAmendingZoningontheWestStateStreetCorridor.
x CoordinatedPUDapprovalprocessfor320WestBuffaloStreetͲPUDApproved.
x CoordinatedPUDApprovalProcessfor620SouthAuroraStreetͲPUDApproved.
BusinessDevelopment
x Createda2,000ͲrecordCitybusinessdatabasewiththeGISdivision.
x PartneredwithTC3toestablishaSmallBusinessDevelopmentCouncilOfficeofferingproͲ
bonobusinessadvisingserviceintheCity.
GreenNewDeal/Sustainability
Legislation
EconomicDevelopmentProjects&Activities
2019
PlanningDivisionAccomplishments
Page 5 of 9
x Providedbusinessdevelopmentandlocationassistancefortwodozen+Citybusinesses.
x Convenedpartners(Alternatives,SBDC,IURA)andestablishedpreliminaryfundingforanew
localcharacterͲbasedlendingprogramsupportingloanͲincomeentrepreneurs.
x SupportedTompkinsCounty,TheHistoryCenter,andpartners,inestablishingtheTompkins
CenterforHistoryandCultureonBankAlley.
CollegetownBeautificationProgram
x EstablishedshortͲtermbeautificationprioritiesinpartnershipwiththeCollegetownSmall
BusinessAlliance,TompkinsCountyChamberofCommerce,andTompkinsCounty
BeautificationProgram.
x IncollaborationwithCornell,heldacompetitionforgraphicstobeusedonbannersin
Collegetown.
x Securedpartnerfunding(City,Cornell,andtheChamber)forCollegetownbannersand
shortͲtermimprovements.
x WorkedwithDPWandCityElectriciantoinstallbannersandbenchesinCollegetown.
CommunityInvestmentIncentiveTaxAbatementProgram(CIITAP)
x CoordinatedtheCityapprovalprocessfor306NorthCayugaStreetͲLibraryPlaceͲ
AbatementApproved.
x CoordinatedtheCityapprovalprocessfor327SenecaStreetͲAbatementApproved.
DowntownConferenceCenter(GetupdatedfromTom&Nels)
x WorkedwiththeDIAandTompkinsCountyTourismProgramondevelopingaPhaseTwo
FeasibilityStudyforaDowntownConferenceCenter.
x WorkedwiththeDIAtosuccessfullysecureaREDCgrantfor$5millionfortheconference
centerproject.
x AnalyzedandrecommendedtwofinancingmodelsfortheConferenceCenter.
DowntownTransportationDemandManagementProgram
x WorkedwiththeDIAtosupportrolloutandimplementationofPhaseIoftheTDMprogram.
x ContractedwithNYSDECandDIAtostudythefeasibilityofaDowntownIthaca
TransportationManagementAuthority.
IthacaCommonsManagement
x WorkedwithCityAttorney’sofficetodevelopclaimsresultingfrominadequatecompletion
ofcontractualobligationsfortheCommonsreconstructionprojectandsuccessfullyreach
settlementagreementsagainstmultiplefirms.
x CoordinatedwiththeDIAandCityDPWstaffforongoingmanagementoftheCommons,
includingmaintenance,repairs,upgrades,permits,events,andaddressingpropertyand
businessownerconcerns.
x ManagedoutstandingitemstobecompletedaspartoftherebuildoftheIthacaCommons.
x OrchestratedtherelocationofelectricalcontrolsforthefountainfromthevaulttoBaby
BankAlley.
2019
PlanningDivisionAccomplishments
Page 6 of 9
x Coordinatedworkinthefountainvaulttomakeitcodecompliant.
x WorkedwiththeAttorney’sOffice,consultantsandcontractorstorepairtheCommons.
kiosks(coordinationwithFLTG,MDKS,andDIA),whichisongoing.
x WorkedwiththeAttorney’sOfficetosettleclaimswithCommonsconsultantsSasaki,
Labella,Vacri,andPowerandConstruction.
x WorkedwiththeDIA,theCity,andtheprojectteamtopurchaseitemsforatemporary
playgroundontheCommonsduringconstructionoftheHarold’sSquareproject.
CityCentre–OpenedinAugust2019
HiltonCanopy–OpenedinOctober2019
LibraryPlace–FoundationsComplete
GreenStar–Onscheduletoopeninspring2020
HaroldSquareͲonscheduletoopenlatesummer2020
NorthCampusResidentialExpansion(NCRE)–UnderConstruction
ArtHaus–Approved–DemolitionCompleteͲConstructionPending
WestEndHeights(LakeviewMentalHealth)–ConstructionPending
320WBuffaloStreetHousing(INHS)–Approved–ConstructionPending
ChainworksRedevelopmentProject
x CompletedEnvironmentalImpactStatement
x FinalApprovalforPhase1oftheProject
x PUDAdoption
CarpenterBusinessPark/CayugaMedicalCenter/CommunityGardens
x Biweeklyprogressmeetings
x CoordinatedPUD/PBapprovalscheduleandmeetings
x CoordinatedjointPB/CCMeetings
CityHarbor
x Biweeklyprogressmeetings
x Submittedtwograntsforproposedpromenade
Disbursed$1.84millioningrantfundsforaffordablehousing,jobtrainingandplacement,jobcreation
activities,preventionofhomelessness,andpublicfacilitiestostrengthenneighborhoods.
Housing
x DeliveredloanassistancetoIthacaNeighborhoodHousingServices(INHS)torehabilitateand
reconstruct29affordablerentalhousingunitsatscatteredsites.
x Assisted84lowͲincomehouseholdswithsecuritydepositassistanceorTenantͲBasedRental
MajorDevelopmentProjects–Support&Approvals
IthacaUrbanRenewalAgency–IURA
2019
PlanningDivisionAccomplishments
Page 7 of 9
Assistance(TBRA).
x DeliveredfundingassistancetoTompkinsCommunityActiontocompleteamajor
rehabilitationofChartwellHouse,a12Ͳbedpermanentsupportivehousingprojectserving
chronicallyhomelessmenwithdisabilities.
x Providedfundingtorehabilitateormakerepairstohousingunitsfor49lowͲincome
homeowners.
PublicFacilities
x Completedconstructionofa1,200linearͲfootsidewalkextensiononSouthAuroraStreet
fromHillviewPlacetotheCityboundary.
x Completedacquisitionofa9,000–Sq.Ft.gymnasiumbuildingattheformerImmaculate
ConceptionElementarySchoolsite.ThegymwillbeutilizedbyGreaterIthacaActivities
Center(GIAC)foryouthrecreationprogramming.
x Completedinstallationofupgradesat3bussheltersathighͲtraffictransitlocations.
x Completedfinalphaseofheating/roofingrenovationprojectatDowntownIthacaChildren’s
Center(DICC),achildcarefacilityservinglowͲtoͲmoderateincome(LMI)children.
EconomicDevelopment
x NegotiatedandapprovedDispositionandDevelopmentAgreementwithVecinoGroupNew
York,LLCtoconveyandredevelopthewesternsectionoftheGreenStreetGaragesiteforan
urbanrenewalprojectthatincludes217affordablerentalhousingunits,350newand
refurbishedparkingspaces,anda49,000ͲSFconferencecenter.
x DeliveredloanassistancetoGreenStarCooperativeMarket,Inc.torelocateandexpandits
flagshipgrocerystoreto770CascadillaStreet,resultingincreationof24jobs“livingwage”
jobs.
x DeliveredloanassistancetoFingerLakesReUsetoacquireitsfacilityonOldElmiraRd.,
therebyretainingover20jobs.
x Fundedthreeworkforcedevelopmentprograms,resultingin36jobplacementsof
unemployedorunderemployedpersons.
General
x Developed5ͲyearCityofIthacaConsolidatedPlantoguideuseofHUDEntitlementfunds.
x Submittedfundingapplicationsforcommunitydevelopmentinitiatives:
BUILDdiscretionaryU.S.DOTforRte.13redesign;U.S.EPABrownfieldsCommunity
Assessment;NYSConsolidatedFundingApplicationforGreenStreetGarageparking
reconstruction;andEnterpriseAntiͲDisplacementLearningNetwork
x ServeasCoͲChairofIthaca/TompkinsCountyContinuumofCare(CoC),coordinatingregional
effortstoaddresshomelessness.
x AdministereddisbursementofCity'sannualcontributiontotheCommunityHousing
DevelopmentFund(CHDF)toconstructaffordablehousing.
x OversightandcoordinationwithCDPIonmanagementoftheCayugaStreetParkingGarage.
2019
PlanningDivisionAccomplishments
Page 8 of 9
Awards
x $23,000FromNYSforconstructionofaPaddleParkonCascadillaCreek(CityHarbor
project).
x $100,000NYStoadvancetheClimateActionPlan.
x $5,000,000FromNYSforconstructionofaDowntownConferenceCenter.
Applications
x ARCfundingtoestablishanewcharacterͲbasedbusinesslendingprograminpartnership
withtheSBDCandAFCU.Applicationapprovedattheregionallevel;underreviewinDC.
x URIinCoordinationwithDIAforaDowntownConferenceCenterandtheGreenGarage
replacementprojects.
Planning&DevelopmentBoard
x Staffed12meetingsand2SpecialMeetings
x Coordinatedthereviewof14developmentprojectsequaling$184millionininvestment,
329rentalhousingunitsofwhich120areaffordable,9forͲsalehousingunitsofwhich8are
affordable,andSFof117,100ofnewandrefurbishedcommercialspace.
x Completedstafflevelapprovalfor10projectstotaling8.4Millionforrenovationstoexisting
commercial&institutionalspace.
BoardofZoningAppeals(BZA)(update)
x Staffed10meetings
x Reviewedanddeliberated30ZoningAppealsandgranted29variances
IthacaLandmarkPreservationCommission
x Staffed10meetings,1specialmeetingandacommissiontraining
x CoordinatedCommissionreviewof19applicationsforCertificatesofAppropriateness
x Completed78stafflevelapprovals(a37%increasefrom2018)
PlanningandEconomicDevelopmentCommittee
x Staffed12meetingsandpreparedmaterialsforthePlanningCommittee
x Coordinated15PublicHearings.
x Drafted54Memos&SupportingInformation.
x Prepared49Resolutions,10EnvironmentalReviews,and1FindingsStatement.
x Drafted8Ordinances
x PassedtwoPUDs.
GrantAwards&Applications
QuasiͲJudicialBoardsandCommittees
2019
PlanningDivisionAccomplishments
Page 9 of 9
PublicArtApprovals
x ReceivedfundingandcoordinatedinstallationoftheSouthsideCommunityCenterMural.
x WorkedwithCAPontheapprovalofthe“TompkinsGiant”sculpture,soughtpublic
comments,andanalyzedvariouslocations.
x Workedwith2artistsonaprivatelyfundedsculpture"Anthropocene",tookthroughthe
approvalprocess,andrecommendedalocationforthepiece(BakerPark).
x PreparedanRFPforagrantfundedsculpture“IthacaMoves”,envisioned as a community-
build,kinetic sculpture or series of sculptures utilizing re-used materials and selecteda
jurytoreviewproposals.
x IncollaborationwiththeDIA,preparedanRFPforRound2ofthesculpturalbikeracks,
reviewedsubmissions,anddeterminedlocations.
SupportedCommissionsasassigned
PublicArt
x DevelopedandLaunchedofNewPublicArtWebpage
x GeocodedInventoryofCityPublicArtCollection
x StreamlinedMuralApprovalProcess
x WorkedwithCAPontheTompkinsGiantSculpture
Assumedresponsibilityforprocessingsignpermits
DevelopedUseTablesforallZones
Continuedworkonthepropertymanagementdatabase
x Resolvedremoteaccessissuesthatwillallowapplicantstofilloutandsubmitformsonline.
x Createdtemplatesforautomationofrepetitivetaskscurrentlybeingdonebyhand.
RetiredoneSeniorCodeInspector.
RetiredoneSeniorPlanExaminer.
PromotedoneSeniorCodeInspectortoSeniorPlanExaminer.
PromotedoneCodeInspectortoSeniorCodeInspector.
Advertisedfor2CodeInspectors,willinterviewsixapplicantsin2020.
RetiredoneHousingInspector.
PromotedoneHousingInspectortoCodeInspector.
Interviewed3HousingInspectorapplicants,resultingintwohires.
HiredonePlumbingInspector.
PromotedoneOfficeAssistanttoPermitClerk.
Interviewed(2)OfficeAssistantapplicantsresultinginonehire.
Advertisedforanewentrylevelplanner.Conducted14phoneinterviewsand5facetoface
interviews.Searchisongoing.
InternalOrganizationandProjects
Personnel
City of Ithaca
Planning & Economic Development Committee
Wednesday, November 13, 2019 – 6:00 p.m.
Common Council Chambers, City Hall, 108 East Green Street
Minutes
Committee Members Attending: Joseph (Seph) Murtagh, Chair; Cynthia
Brock, Stephen Smith, Donna Fleming, and
Laura Lewis
Committee Members Absent: Alderpersons Nguyen and McGonigal
Other Elected Officials Attending:None
Staff Attending: JoAnn Cornish, Director, Planning and
Development Department; Jennifer Kusznir,
Senior Planner; Alex Phillips, Planner; Nels
Bohn, Director, IURA; and Deborah Grunder,
Executive Assistant
Others Attending: None
Chair Seph Murtagh called the meeting to order at 6:00 p.m.
1) Call to Order/Agenda Review
Item #7b was moved up after Item #4a.
2) Public Comment
Martha Frommelt, 308 Elmwood Avenue, spoke on infill guidelines. She encourages
the City to include owner occupancy. She has seen the difference in which
dwellings are owner occupied and those that are rental. Neighbors start to become
enforcers. Code enforcement is very difficult in the City.
Dan Hoffman, 415 Elm Street, spoke on infill. One size fits all is not the right
approach. “As of right” won’t work here. The impact to allow “as of right” will be very
unequal. Those with larger yards will benefit since they can have the additional
dwelling. The neighbors feel the impact particularly if not owner occupied.
John Graves, 319 Pleasant Street, spoke on infill. The number of landlord owned
parcels exceed the owner-occupied parcels. This is damaging to the area. Back
yard parking lots were put in which affected storm water drainage. One size fits all
will not work. Owner-occupied dwellings is a must.
Howard Erlich, 105 Oxford Place since 1980. Owner occupancy is a necessity.
Homeowners take pride in their neighborhoods far more than landlord-owned. A
one size fits all will not work. This is too complicating.
Sally Lockwood, 641 Hudson Street, spoke on infill. She would like to reiterate the
need for owner occupancy. With South Hill elementary school within in the vicinity, it
will bring more owner occupancy needs.
Ashley Miller, 126 Sears Street, there is no mention of owner occupancy in the
proposed plans. Ithaca shouldn’t be compared to Portland and Seattle. We are not
the same. Many have said that banks will not fund an ADU. Local banks in Ithaca
will fund them through home equity loans.
Michael Rizweak, 306 Ithaca Road, also spoke on infill and the need for owner
occupancy. Passing this as written will ruin the Bell Sherman neighborhood.
Theresa Lyezko, 316 Ithaca Road, stated the owner occupancy requirement is
crucial to remain in place.
Theresa Alt, 206 Eddy Street, spoke on the CIITAP. Heather McDaniel, TCAD, will
not provide the 20% incentive.
Elizabeth Martyn, 306 Ithaca Road, spoke on ADUs. We’re seeing more people
being crammed into homes that have zoning guidelines that are not being followed.
We cannot be compared to Portland. We are not similar.
Jeff Bushe, 205 Ithaca Road, spoke on ADU owner-occupancy requirement. She
reiterated Rizweak’s comments. We shouldn’t be taken single family homes out of
the market.
Sheryl Swink, 321 N. Albany Street, spoke on infill housing. There should be a
requirement of subdivision rather than the addition of an ADU.
Deborah Justice, 106 2nd Street, spoke on owner-occupancy infill. I own a home and
have a shed on my property which I would love to make it an ADU, but I can’t
financially afford to do so. There are a number of people who do take good care of
their homes regardless of renting or owning. It’s really hard for a middle income
individual to afford owner-occupancy infill.
Cynthia Brock responded to comments made. She doesn’t agree that you have to
be rich to live in Ithaca.
Donna Fleming voted for owner-occupancy. We need to be very careful when
making comments about those people who rent.
Laura Lewis thanked all who came out on such a cold evening. She agrees with
Donna Fleming’s comments regarding renters. Renters have a huge positive
impact on the City.
Chair Murtagh also thanked all who came to speak. He agrees that we do need to
be careful with the comments made about rental units. What we are trying to do with
the ADU legislation is to limit the large developers take over single family homes and
creating rental units. We want to make it easier for those who may not be on the
wealthy side.
3) Special Order of Business
a) Public Hearing – Waterfront Plan
Alderperson Lewis moved to open the public hearing; seconded by Alderperson
Smith. Carried unanimously.
Sheryl Swink, 321 N. Albany Street, served on the Waterfront Plan committee
and thanks other committee members and City staff.
John Graves, 319 Pleasant Street, stated that he would like to see the Green
New Deal be incorporated in this plan.
Alderperson moved Brock to close the public hearing Fleming; seconded by
Alderperson. Carried unanimously.
b) Public Hearing – Vecino Disposition and Development Agreement
Alderperson Lewis moved to open the public hearing; seconded by Alderperson
Smith. Carried unanimously.
No one spoke on this project.
Alderperson Brock moved to close the public hearing; seconded by
Alderperson Lewis. Carried unanimously.
4) Discussion
a) CIITAP Affordable Housing Policy
Heather McDaniel, Director, TCAD (Tompkins County Area Development),
provided her background and stated she realizes the need and understands the
affordable housing crisis here in Ithaca.
20% of affordable housing is a recommendation for 30 years.
As a planner, she stated that planning takes a lot of time.
Questions one should ask:
x Is the subsidy amount correct?
x Are we foregoing tax benefits for too long?
x Is this the best use of tax dollars?
McDaniel and TCAD expressed reservations with whether the 30% subsidy
amount was appropriate. They also shared concerns of potential compliance
issues the IDA might have with monitoring affordable housing. The IDA is
currently working on its own version of the policy for review and comment in
January.
The IDA has requested me (TCAD) to develop a policy. We are looking to see
what the compliance and monitoring would look like. There is also a second
option, there could be a payment to be set aside into a fund that would be able
to provide dedicated funding to support city-wide or county-wide affordable
housing. The IDA will look at projects on a case-by-case basis.
5) Announcements, Updates, Reports
There we no announcements to share.
6) Action Items (Voting to Send on to Council)
a) Waterfront Plan
November 7, 2019
Adoption of the Waterfront Area Plan as Part of Phase II of the City of Ithaca Comprehensive Plan –
Declaration of Lead Agency for Environmental Review
Moved by Alderperson Smith; seconded by Alderperson Fleming. Carried unanimously.
WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency be established for
conducting environmental review of projects in accordance with local and state environmental law, and
WHEREAS, State Law specifies that, for actions governed by local environmental review, the lead agency shall
be that local agency which has primary responsibility for approving and funding or carrying out the action, and
WHEREAS, the proposed adoption of an amendment to the comprehensive plan is a “Type I” Action under the
City of Ithaca Environmental Quality Review Ordinance, and the State Environmental Quality Review Act and is
subject to 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 Waterfront Area Plan as part of Phase II of the City of Ithaca
Comprehensive Plan.
Proposed Resolution
Planning & Economic Development Committee
November 7, 2019
Adoption of the Waterfront Area Plan as Part of Phase II of the City of Ithaca Comprehensive Plan –
Determination of Environmental Significance
Moved by Alderperson Brock; seconded by Alderperson Smith. Carried unanimously.
WHEREAS, the City of Ithaca is considering the adoption of the Waterfront Area Plan as part of Phase II of the
City’s Comprehensive Plan, and
WHEREAS, appropriate environmental review has been conducted including the preparation of a Full
Environmental Assessment Form (FEAF), dated September 23, 2019, and
WHEREAS,the proposed plan has been reviewed by the Tompkins County Department of Planning and
Sustainability pursuant to §239-l-m of 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 has also been distributed for review by City staff, the City Advisory Commissions, the
City Board of Public Works, and the City of Ithaca Planning and Development Board, and
WHEREAS, the proposed action is a “Type I” Action under the City Environmental Quality Review Ordinance
and the State Environmental Quality Review Act, and
WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has reviewed the FEAF prepared
by planning staff; now, therefore, be it
RESOLVED, that this Common Council, as lead agency in this matter, hereby adopts as its own the findings and
conclusions more fully set forth in the Full Environmental Assessment Form, dated September 23, 2019, 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.
Proposed Resolution
Planning & Economic Development Committee
November 7, 2019
Adoption of the Waterfront Area Plan as Part of Phase II of the City of Ithaca Comprehensive Plan –
Resolution
Moved by Alderperson Smith; seconded by Alderperson Brock. Carried unanimously.
1.WHEREAS, in September of 2015, the Common Council adopted Plan Ithaca as Phase I of
the City Comprehensive Plan, and
2.WHEREAS, the Comprehensive Plan outlines a vision for the city’s future and serves as a
guide for future decision-making, policies, and funding, and
3.WHEREAS,Plan Ithaca-Phase 1, sets forth broad goals and principles to guide future
policies throughout the city while Phase II of the plan is intended to consist of a series of
specific neighborhood and thematic plans, and
4.WHEREAS, in November of 2015 staff was directed to begin working on a waterfront
development plan as a part of the next phase for the Comprehensive Plan, and
5.WHEREAS, a waterfront working group made up of 17 members of the public and City
Planning Staff was established in the fall of 2016 to conduct public outreach and prepare the
draft plan, and
6.WHEREAS, the group commenced meeting regularly in September of 2016 and began by
drafting a land use chapter and developing a recommendation for new zoning for the area,
which was adopted by the Common Council in August of 2017, and
7.WHEREAS, the Waterfront Working Group continued meeting regularly in order to draft the
Plan Ithaca Phase II-Waterfront Area Plan, and
8.WHEREAS, the recommendations of the plan were introduced to the public at two open house
sessions that were held at the Ithaca Farmer’s Market on July 11, 2019, and
9.WHEREAS, following these events, the Waterfront Working Group revised the draft plan to
incorporate comments from the community, and
10. WHEREAS, the draft plan was presented to the Planning & Economic Development
Committee on September 11, 2019, and following that meeting, was circulated for additional
comments, and
11.WHEREAS, the adoption of the Waterfront Area 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, and
12.WHEREAS, a public hearing for the adoption of the plan was held on November 13, 2019, and
13.WHEREAS, the draft Waterfront Area Plan that was recommended by the Waterfront
Working Group has been circulated, revised accordingly and considered by the Common
Council, and
14.WHEREAS, the plan includes the goals that are were established in Plan Ithaca, to address the
topics of land use, economic vitality, community livability, mobility and transportation, natural
and cultural resources, and sustainability, energy and water resources, with more specific
recommendations and action steps specifically for the waterfront area, therefore be it
1.RESOLVED, that the Common Council hereby adopts the Waterfront Area Plan,
dated November 1, 2019, as part of Phase II of the Comprehensive Plan, and be it
further
2.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
3.RESOLVED, that Common Council shall establish regular reviews and updates of the
Comprehensive Plan every five years.
Alderperson McGonigal gave a huge thank you to Jennifer Kusznir as well as Sheryl
Swink.
Chair Murtagh commented that the flood study being done in this area will be included
as an appendix.
Alderperson McGonigal asked when the zoning concerns will be acted on. Director
Cornish stated that will take roughly two months.
b) Vecino Disposition and Development Agreement
The project cannot get started without approval from Common Council.
ProposedResolution
Planning&EconomicDevelopmentCommittee
November13,2019
NonbindingDeterminationofIntenttoApprovetheDisposition&Development
AgreementͲWest&CenterSectionsofGreenStreetGarageMixedͲUseUrban
RenewalProject
MovedbyAlderpersonLewis;secondedbyAlderpersonBrock.Carried
unanimously.
WHEREAS,onOctober4,2017,theCityofIthacaCommonCouncilauthorized
transferoftheGreenStreetParkingGaragepropertylocatedat120E.GreenStreet
(TaxParcel#70.Ͳ4Ͳ5.2)totheIthacaUrbanRenewalAgency(IURA),viaanoption
agreement,forthepurposeofstructuringaproposedpropertysaleand
developmentagreementwithapreferreddevelopertoundertakeanurbanrenewal
projectsubjecttoapprovalbytheCommonCouncil,and
WHEREAS,onDecember13,2018,theIthacaUrbanRenewalAgencydesignated
VecinoGroupNewYork,LLC(Vecino)asthepreferreddeveloper,andqualifiedand
eligiblesponsorpursuanttoSection507ofGeneralMunicipalLaw,topotentially
acquireaportionofTaxParcel#70.Ͳ4Ͳ5.2,locatedat120E.GreenStreet,Ithaca,NY,
forthepurposeofundertakinganurbanrenewalproject,and
WHEREAS,implementationoftheurbanrenewalprojectwillbegovernedbya
DispositionandDevelopmentAgreement(DDA)thatdefinesthetermsfor
conveyanceoftheprojectsitetoVecino,requiredelementsincludedinthe
redevelopmentprojectandobligationsofVecino,theIURAandotherstakeholders,
and
WHEREAS,onAugust29,2019,theIURAconditionallyapprovedthe8/28/19DDA
fortheWestandCenterSectionsoftheGreenStreetGarageMixedͲUseUrban
RenewalProjectsubjecttoEnvironmentalReviewandCommonCouncilapproval,
and
WHEREAS,theDDAestablishesbindingtermsforthedevelopmenttransactionand
thefinalprojectincluding:
1. Seller:IthacaUrbanRenewalAgency
2. Purchaser:VecinoGroupNewYork,LLC
3. ProjectSite:WestandCentersectionsofGreenStreetGarageSiteat120E.
GreenStreet
4. SalesPrice:$1.00
5. MajorProjectElements:
x 218unitsofaffordablehousing
x 49,000sfconferencecenter
x 351publicparkingspaces
x Retentionofexisting5Ͳscreencinema
x ConversionofCityHallsurfaceparkingtoCityHallPark
6. ParkingLease:30ͲyearCityleaseofparkingatapproximately$2,000Ͳ
$2,250/space/year,withCityoptiontoreͲacquireparkingatendofthelease
term,and
WHEREAS,iftheconferencecenterprojectisdeterminednottobefinancially
feasibleforinclusionintheproject,itwillbereplacedwithgroundfloorretailuse
andanadditional55unitsofaffordablehousing,and
WHEREAS,onSeptember6,2019,VecinoexecutedtheDDA,and
WHEREAS,IURAexecutionoftheDDAissubjecttocompletionofenvironmental
reviewoftheprojectandCommonCouncil;and
WHEREAS,toinduceVecinotoinvestresourcestocompleteenvironmentaland
siteplanreviewoftheproject,theIURArequeststheCommonCounciltomakea
preliminary,nonͲbindingdetermination,subjecttofuturecompletionof
environmentalreview,whetheritintendstoapprove,modify,orrejecttheDDA;
now,therefore,beit
RESOLVED,thattheCommonCouncilfortheCityofIthacaherebymakesa
preliminary,nonͲbindingdeterminationthatitintendstoapprovethe8/28/19
DispositionandDevelopmentAgreementbetweentheIURAandVecinogoverning
theredevelopmenttransactionfortheWestandCenterSectionsoftheGreen
StreetGarageMixedͲUseUrbanRenewalProject,andbeitfurther
RESOLVED,thattheurbanrenewalprojectshallcomebacktoCommonCouncilfor
finaldecisionmakingfollowingcompletionofenvironmentalandsiteplanreview
andanadditionalpublichearing.
7) Action Items (Approval to Circulate)
a) Accessory Dwelling Units
PLANNING COMMITTEE:
An Ordinance Amending the Municipal Code of the City Of Ithaca, Chapter 325,
Entitled “Zoning” In Order to Establish Regulations for the Development of
Accessory Dwelling Units
Moved to circulate by Alderperson Smith; seconded by Alderperson Lewis.
Carried unanimously.
ORDINANCENO.____
1. WHEREAS, in 2017, the City established the South Hill Overlay
District (SHOD) in response to concerns that were raised by the
South Hill neighborhood rapid in-fill (ADU’s) of development in the
neighborhood and the impacts on both the aesthetic qualities and the
character of the neighborhood, and
2. WHEREAS,the SHOD was intended to be a temporary measure to prevent
further development until the City could establish regulations for
this type of infill (ADU’s), and
3. WHEREAS,in the interim, similar concerns about development pressure
were raised throughout the City, and
4. WHEREAS, City staff were directed to research how
infill(ADU’S)development was regulated in other municipalities, and
5. WHEREAS,Planning Staff spent several months researching other
communities and developing proposals to encourage the development of
accessory dwelling units (ADU’S) that would protect neighborhoods
while allowing for housing options that could provide property
owners with additional income, and
6. WHEREAS,on August 29, 2019, a community meeting was held, with
approximately 70 people in attendance, who offered opinions on
options to allow the development of appropriate ADU’s, and
7. WHEREAS,and staff has considered feedback from the public, the
Common Council, and other communities and has developed a set of
regulations allowing property owners to develop ADU’s, where
appropriate, and the means to protect neighborhoods from the
negative impacts of over development,now therefore be it
ORDAINED AND ENACTED by the Common Council of the City of Ithaca that
Chapter 325, Zoning, be amended as follows:
Section 1. Chapter 325-3B of the Municipal Code of the City of Ithaca,
entitled “Definitions and Word Usage”, is hereby amended to add the
following new definitions:
Accessory Dwelling Unit (ADU) — A second dwelling unit located
in the rear or side yard on a lot with any one-family dwelling.
The second unit is created secondary to, and is always smaller
than the primary one-family dwelling. The unit includes its own
independent habitable space including provision for sleeping,
cooking, and sanitation, and is designed to be occupied by an
individual or a family, plus not more than one unrelated
occupant, independent of the primary dwelling units.
1. Attached Accessory Dwelling Unit (AADU) – A room or
set of rooms, basement, or any other space that is located
within a primary structure, but is established as a
separate dwelling unit. AADU’s may be occupied by an
individual or a family, plus not more than one unrelated
occupant.
2. Detached Accessory Dwelling Unit (DADU) – A separate
dwelling unit that is constructed on a single family lot
that is not connected to the primary structure. DADU’s
may be occupied by an individual or a family, plus not
more than one unrelated occupant.
3. Out Building Conversion - A separate dwelling unit
that is converted from an existing garage, carriage house,
or other accessory structure.
Contiguous Green Space - Green Space on a lot that is
uninterrupted by structures or paved surfaces.
Section 2. Chapter 325-8 of the Municipal Code of the City of Ithaca,
entitled “District Regulations”, is hereby amended to add a new section F,
entitled “Additional Restrictions in the R-1, R-2, CR-1, and CR-2 Zoning
Districts”, to read as follows:
F. Additional Restrictions in the R-1, R-2, CR-1, and CR-2 Zoning
Districts.
(1) Intent. This section authorizes the installation of accessory
dwelling units in the R-1, R-2, CR-1, and CR-2 districts. The
purpose and intent of permitting accessory dwelling units is:
(a) To provide homeowners, especially those of low and
moderate income, with a means of obtaining through rental
income, companionship, security and services and thereby
to enable them to stay more comfortably in homes and
neighborhoods they might be forced to leave.
(b) To add inexpensive rental units to the housing stock to
meet the needs of smaller households, both young and old.
(c) To make housing units available to low- and moderate-
income households who might otherwise have difficulty
finding homes within the City.
(d) To develop housing units in family neighborhoods that are
appropriate for households at a variety of stages in the
lifecycle, thereby lessening fluctuations in neighborhood
demand for services.
(e) To preserve and allow more efficient use of the City’s
existing stock of dwelling while ensuring healthy and safe
living environments.
(2) General Restrictions.
(a) In the R-1, R-2, CR-1, and CR-2 Zoning Districts, only one
primary structure is permitted as of right. Multiple
primary structures are only permissible by a special
permit. See Section 325-10
(3) Additional Requirements for Accessory Dwelling Units
(a) All Accessory Dwelling Units are subject to site plan
review.
(b) Number of Accessory Dwelling Units. Only one accessory
dwelling unit, attached or detached, is permitted on a
lot.
(c) Parking. No additional parking is required for the
accessory dwelling unit. Existing required parking for the
primary structure must be maintained or replaced on site.
(d) Location. Accessory Dwelling Units may be located on one-
family dwelling properties in any R-1,R-2, CR-1, CR-2
zoning districts. ADUs are permitted in any side or rear
yard but not in the required front yard. Corner Lots shall
be considered to have two front yards.
(e) Additional Requirements for Detached ADUs.
[a] Notwithstanding any other requirements of this
section, a minimum side and rear yard setback
of five feet shall be required, except that,
where light, air, and open space requirements
of the City Building and Housing Code can be
met.
[b] A DADU may not be placed less than 5 feet from
the primary structure.
[c] A requirement that a minimum of 35% of a
lot be contiguous green space.
(f) Number of Residents. Accessory Dwelling Units may be have
an occupancy of an individual or a family, plus not more
than one unrelated occupant.
(g) Appearance of Accessory Dwelling Units. Accessory Dwelling
Units should not disrupt the overall architectural
character of the neighborhood. A similar architectural
style and roof pitch should connect the primary structure
to the accessory dwelling unit.
[1] Location of Entrances. New or additional front
entrances are discouraged, but in any event must be
compatible with the architectural style of the
existing structure. Detached accessory dwelling
units are exempt from this standard.
(h) Size Allowances.
[1] Detached Accessory Dwelling Units- The maximum size
of a DADU may be no more than 75% of the habitable
area of the primary structure or 800 square feet,
whichever is less.
[2] Attached Accessory Dwelling Units- The maximum size
of an AADU may be no more than 33.3% of the
habitable area of the primary structure.
[3] Out Building Conversion- Outbuilding conversions are
exempt from all area requirements, including maximum
Maximum Number of occupants
Zoning
District
Primary
Structure
Accessory
Dwelling
Unit
Total
Number of
Occupants
Single Family Dwelling Owner Occupied
R-1(a,b)family+2
unrelated
Family +
1
unrelated
5
R-2
(a,b,c)
5
Not Owner Occupied
R-1(a,b)2 Family +
1
unrelated
4
R-2
(a,b,c)
family+2
unrelated
2 5
lot coverage requirements, minimum green space
requirements, and any setback requirements.
(i) Accessory dwelling units, with the exception of
outbuilding conversion, shall meet all applicable codes,
including the area requirements of the zone.
Section 3. Chapter 325-9C of the Municipal Code of the City of Ithaca,
entitled “Special Permits”, is hereby amended, to add a new section “s.
Multiple Primary Structures in R-1, R-2, CR-1, and CR-2 Zoning Districts.”
Section 4. Chapter 325-10 of the Municipal Code of the City of Ithaca,
entitled “Accessory Apartments”, is hereby deleted in its entirety, and
replaced with a new section 325-10 “Multiple Primary Structures”, to read as
follows:
325-10 Multiple Primary Structures in R-1, R-2, CR-1, and CR-2 Zones
A.Issuance of a special permit
(1.) Application for a Multiple Primary Structure in R-1, R-2, CR-
1, and CR-2 zones shall be made to the Planning Board in
accordance with the procedures of §325-40. Application
shall also be made for a recommendation from the City of
Ithaca Planning & Development Board. Applications should
include the following:
(a.) A multiple primary structure application form,
(b.) A site plan,
(c.) Floor Plans, existing and proposed with dimensions
specified,
(d.) Façade (Elevation) drawings,
(e.) Proof of notification of property owners within 200 feet,
(f.)A building permit application
(2.) Requirements. In order to be granted a special permit, the
following criteria and requirements must be met:
(a.) Location. Multiple primary structures may be located in R-
1, R-2, CR-1, and CR-2 Zoning Districts with a special
permit. All primary structures must meet the requirements
of the City of Ithaca Building Code.
(b.) Size Requirements. Multiple primary structures are
subject to all lot size, area, and building size
requirements established within the zoning district that
the structure is located.
(c.) Exterior Appearance. Multiple Primary Structures on a lot
should be architecturally compatible and should contain at
least one structure that fronts on the street.
(d.) Off-Street Parking. Off-street parking requirements shall
be met, except that, in cases of practical difficulty, the
Planning Board may waive the parking requirement if there
is adequate parking in the neighborhood.
(3.) Multiple primary structures must comply with New York State
Uniform Fire Prevention & Building Code.
B.Inspections. Multiple Primary Structures containing rental units are
subject to § 210-42 Inspections.
Section 5. The City Planning and Development Board, the City
Clerk and the Planning Department shall amend the district
regulations chart in accordance with the amendments made
herewith.
Section 6.Severability. Severability is intended throughout and within the
provisions of this local law. If any section, subsection, sentence, clause,
phrase or portion of this local law is held to be invalid or
unconstitutional by a court of competent jurisdiction, then that decision
shall not affect the validity of the remaining portion.
Section 7. Effective date. This ordinance shall take effect immediately and
in accordance with law upon publication of notices as provided in the Ithaca
City Charter.
b) Carpenter Business Park PUD
The Cayuga Medical Association Representative stated the different services
that will be available in this project. All are needed in the down town. The
number of jobs will vary from 90 to 160.
This is a unique project. There are many technical issues. There are a lot of
community benefits in this project. Affordable housing is an important
collaborative effort between the developer and the community. We are ready to
do whatever it takes for this project to move forward. We are prepared to ride
this out and see it through.
Chair Murtagh is very much in favor of this project with the affordable housing
and the medical services available.
Alderperson Brock asked about their plan if this isn’t funded. She also asked
for clarification as to the term of the PUD. They do not have to complete the
project within two years, but the project must be started within two years.
Alderperson Fleming moved to circulate; seconded by Alderperson Smith.
Carried unanimously. This will come back to this committee next month.
Draft Resolution
Planning & Economic Development Committee
September 30November 12, 2019
An Ordinance to Establish the Carpenter Circle Planned Unit
Development District
ORDINANCE NO. ____
BE IT NOW ORDAINED AND ENACTED by the Common Council of the
City of Ithaca that Chapter 325-13 of the City Code be amended
as follows:
WHEREAS, on April 4, 2018, the Common Council adopted
legislation creating a Planned Unit Development Overlay
District (PUDOD), and
WHEREAS, on February 19, 2019, Whitham Planning and Design
submitted an application on behalf of Park Grove Realty and
Cayuga Medical Center for consideration to establish a Planned
Unit Development district at Carpenter Circle, parcel numbers
36.-1-3.3 and 36-1-3.5,and
WHEREAS, the applicant is proposing the development of a new
urban neighborhood, comprised of a medical facility, one 4-
story residential building, and two 6-story buildings
containing ground floor commercial space, parking, and 4
stories of apartments, and
WHEREAS, the applicant will further develop neighborhood
streets, pedestrian and transit connections, shared parking,
and green space, and will work with Project Growing Hope, Inc.
reconfigure and , improve the Ithaca Community Gardens, , and
support its establishment as a permanent site for the Ithaca
Community Gardens, and
WHEREAS, the total proposed development contains approximately
64,000 SF of medical office space, 215 new housing units, 42 of
which will be designated as affordable units, 349 surface
parking spaces, and 183 garage spaces, and
WHEREAS, the project is intended to provide the following
benefits to the community
1.Providing Aa permanent and improved space for the
Ccommunity Ggardens open to the public;
2. Generation of approximately 150 jobs;
3. Construction of approximately 40 units of housing that
would be priced to be affordable to those earning 50-60%
of AMI;
4. High-quality public amenities, including improved
pedestrian, transit, and bicycle access throughout the
site, and public spaces including open green space, plazas
for events and/or outdoor dining, a playground, and storm
water management gardens featuring native plantings;
5. An improved gateway into the City of Ithaca on Route 13;
6. Alignment with the City’s Comprehensive Plan and ongoing
planning related to the Route 13 corridor and the
Waterfront Zone; and
WHEREAS, the applicant has stated that the project could not
proceed under the existing zoning due to setback and height
requirements, and
WHEREAS, a public information session, hosted by the applicant,
was held on April 8, 2019 and the meeting was advertised in the
Ithaca Journal, the property was posted with signs and property
owners within 500 feet of the property were notified by mail of
the meeting, and now therefore
BE IT NOW ORDAINED AND ENACTED by the Common Council of the
City of Ithaca that the City of Ithaca Establish the Carpenter
Circle Planned Unit Development District as follows:
Section 1. Carpenter Circle Planned Unit Development District
is hereby established as follows:
Carpenter Circle District
Table of Contents
A. Legislative Intent
B. Community Benefits
B.C.Sub Areas
C.D.Permitted Uses
1. Primary
2. Accessory
D.E.Parking/Loading Requirements
E.F.Area Requirements
1. Minimum Lot Size (SF)
2. Minimum Width in Feet at Street Line
3. Maximum Building Height
4. Maximum Percentage of Lot Coverage by Buildings
5. Yard Dimensions.
a. Required Minimum Front Yard
b. Required Minimum Side Yard
c. Required Minimum Other Side Yard
d. Required Minimum Rear Yard.
6. Minimum Building Height
ARTICLE IVB
Carpenter Business Circle Planned Unit Development
Part 1
Zoning Code
A. Legislative Intent
1. On February 19, 2019, Whitham Planning and Design
submitted a an application on behalf of Park Grove
Realty and Cayuga Medical Center for consideration to
establish a Planned Unit Development district at
Carpenter Circle, parcel numbers 36.-1-3.3 and 36-1-
3.5. The applicant is proposing the development of a
new urban neighborhood, comprised of a medical
facility, one 4-story residential building, and two 6-
story buildings containing ground floor commercial
space, parking, and 4 stories of apartments. The
completed project is intended to provide the following
benefits to the community:
a.Providing Aa permanent and improved space for the
cCommunity Ggardens.
b. Generation of approximately 150 jobs;
c. Construction of approximately 40 units of housing
that would be priced to be affordable to those
earning 50-60% of AMI;
d. High-quality public amenities, including improved
pedestrian, transit, and bicycle access
throughout the site, and public spaces including
open green space, plazas for events and/or
outdoor dining, a playground, and storm water
management gardens featuring native plantings;
e. An improved gateway into the City of Ithaca on
Route 13;and
f. Alignment with the City’s Comprehensive Plan and
ongoing planning related to the Route 13 corridor
and the Waterfront Zone.
B. Community Benefits
1. Benefits. The project is intended to provide the
following benefits to the community:
a. A permanent and improved space for community
gardens open to the public
b. Generation of approximately 150 jobs;
c. Construction of approximately 40 units of housing
that would be priced to be affordable to those
earning 50-60% of AMI;
d. High-quality public amenities, including improved
pedestrian, transit, and bicycle access
throughout the site, and public spaces including
open green space, plazas for events and/or
outdoor dining, a playground, and storm water
management gardens featuring native plantings;
e. An improved gateway into the City of Ithaca on
Route 13;and
f. Alignment with the City’s Comprehensive Plan and
ongoing planning related to the Route 13 corridor
and the Waterfront Zone.
2. In the event that the applicant is not able to provide
all of the listed community benefits, the applicant
will be required to return to the Common Council to
renogiate the terms of the Planned Unit Development,
which may include providing alternative benefits, or a
direct payment in lieu of stated benefits. Failure to
provide adequate community benefits may result in the
City not issuing a certificate of occupancy, or
issuing a Temporary Certificate of Occupancy subject
to revocation if the required affordable housing has
not been delivered within 24 months.
B.C.Sub Areas. The Carpenter Circle Planned Unit
Development District shall consist of 3 PUD-Sub Areas
1. CCPUD-A-This sub area is intended to be predominantly
used for community gardens and may contain small
structures and parking areas that support the gardens.
2. CCPUD-B-This is a residential sub area.
3. CCPUD-C-This sub area is a mixed used district
allowing for medical office, residential and small
scale commercial uses.
.
D.Permitted Uses.
1. Primary Uses
a. CCPUD-a
1)Community Gardens
b. CCPUD-b
1)Multiple Family dwelling (See § 325-3).
c. CCPUD-c
1)Multiple Family dwelling (See § 325-3).
2)Mixed-Use building.
3)Medical Facility.
4)Nursery school, child day care center, group
Adult Day Care.
5)Nursing, convalescent or rest home.
6)Public park or playground.
7)Library.
8)Business or professional Office.
9)Bank or Monetary Institution.
10)Office of Government.
11)Public, private or parochial school.
12)Neighborhood commercial facility.
13)Retail store or Service Commercial Facility.
14)Restaurants, Fast Food Establishment, Tavern,
with the exception of establishments where food
or drink is intended to be served to or consumed
by persons in automobiles.
14)15)Club, Lodge or Private Social Center.
15)16)Theater, Bowling Alley, Auditorium or Other
Similar Place of Public Assembly.
16)17)Hotel/Motel.
17)18)Recreational or Cultural Facilities such as
a Park, Playground, Art Museum.
18)19)Community gardens.
2. Permitted Accessory Uses
a. CCPUD-a
1)Shed or other structure Structure to support
garden use
b. CCPUD-b and CCPUD-c
1)A
ny accessory use permitted in the ND Zone
2)D
rive-Thru Banking Services
3)P
arking Garages
4)Dock
xE.Parking/Loading Requirements
o1.Parking Requirement-None
o2.Off Street Loading Requirement-None
xF.Area Requirements
o1.Minimum Lot Size (SF)
o2.Minimum Width in Feet at Street Line
o3.Maximum Building Height
a.CCPUD-a
x1)Maximum building height of 2 stories and
30’
b.CCPUD-b
x1)Maximum building height of 4 stories and
60’
c.CCPUD-c
x1)Maximum building height of 6 stories and
80’
o4.Maximum Percentage of Lot Coverage by Buildings-100%,
Except for Required Setbacks
o5.Y
ard Dimensions. CCPUD-a is exempt from all lot
area requirements.
a.R
equired Minimum Front Yard for CCPUD-b and
CCPUD-c- No front yard setback is required,
except as necessary to provide a minimum 5'
sidewalk and an 8' tree lawn
b.Req
uired Minimum Side Yard for CCPUD-b and CCPUD-c.
If the side yard faces a street, no side yard
setback is required, except as necessary to
provide a sidewalk and tree lawn. No other
setback required.
c.Req
uired Minimum Other Side Yard. for CCPUD-b and
CCPUD-c.If the side yard faces a street, no side
yard setback is required, except as necessary to
provide a sidewalk and tree lawn. No other
setback required.
d.Req
uired Minimum Rear Yard. for CCPUD-b and CCPUD-c.
If the rear yard faces a street, no side yard
setback is required, except as necessary to
provide a sidewalk and tree lawn. No other
setback required.
o6.M
inimum Building Height. There is no minimum
building height in the CCPUD-a district. For
CCPUD-b and CCPUD-c, New construction must be a
minimum of 25’in height and 2 stories. Accessory
structures of less than 250 SF may be 1 story.
Section 2. The City Planning and Development Board, the City
Clerk and the Planning Department shall amend the district
regulations chart in accordance with the amendments made
herewith.
Section 3.Severability. Severability is intended throughout
and within the provisions of this local law. If any section,
subsection, sentence, clause, phrase or portion of this local
law is held to be invalid or unconstitutional by a court of
competent jurisdiction, then that decision shall not affect the
validity of the remaining portion.
Section 4. Effective date. This ordinance shall take effect
immediately and in accordance with law upon publication of
notices as provided in the Ithaca City Charter.
b) Waterfront Design Guidelines
Move by Alderperson Smith; Alderperson Fleming seconded. Carried
unanimously.
8) Review and Approval of Minutes
a) September 2019
Moved by Alderperson Smith; seconded by Alderperson Fleming. Carried
unanimously.
9) Adjournment
Moved by Alderperson Smith; seconded by Alderperson Fleming. Carried
unanimously. The meeting was adjourned at 9:38 p.m.