HomeMy WebLinkAbout02-13-20 Planning and Economic Development Committee Meeting AgendaPEDC Meeting
Planning and Economic Development Committee
Ithaca Common Council
DATE: February 12, 2020
TIME: 6:00 pm
LOCATION: 3rd floor City Hall
Council Chambers
AGENDA ITEMS
Item Voting
Item?
Presenter (s) Time
Start
1) Call to Order/Agenda Review
2) Public Comment
3) Special Presentation
a) Cayuga Street Bridge Project
4) Announcements, Updates, Reports
5) Action Items (Voting to Send on to Council)
a) Contingent Purchase Agreement – East Section of Green
Street Urban Renewal Project Site
b) Waterfront Area and Stepback Requirements
6) Approval to Circulate
a) Special Permits
7) Discussion
a) Accessory Dwelling Units
b) 2020 Planning Department Work Program
8) Review and Approval of Minutes
a) December 2019 (sent under separate cover)
9) Adjournment
No
No
No
Yes
Yes
Yes
No
No
Yes
Yes
Seph Murtagh, Chair
Addisu Gebre, Engineering
Nels Bohn, IURA
Jennifer Kusznir, Planning
Jennifer Kusznir, Planning
Jennifer Kusznir and Alexander
Phillips, Planning
JoAnn Cornish, Planning
6:00
6:05
6:15
6:ϭ5
6:Ϯ0
ϲ:ϰ5
ϳ:Ϭ0
7:ϭ5
ϳ:ϰ5
8:Ϭ0
8:Ϭϱ
If you have a disability and require accommodations in order to fully participate, please contact the City
Clerk at 274-6570 by 12:00 noon on Tuesday, February 11, 2020.
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Proposed Ordinance ____- 2020
Planning & Economic Development Committee
February 12, 2020
Contingent Purchase Agreement – East Section of Green Street Urban Renewal Project Site
WHEREAS, Ithaca Properties, LLC proposes to purchase an approximately 192’ x 119’ property
at the eastern section of the Green Street parking garage site located at 120 East Green Street,
Ithaca, NY (Premises) to undertake an urban renewal project, subject to Common Council
approval, and
WHEREAS, the Premises consists of air rights above a privately-owned ground floor commercial
use and contains two elevated public parking decks constructed in 1974, and
WHEREAS, Ithaca Properties, LLC is the owner of a commercial building located at 215 East
State Street that extends immediately under and is thereby connected to the Premises, and
WHEREAS, on June 27, 2019, the Ithaca Urban Renewal Agency (IURA) designated Ithaca
Properties, LLC as a “qualified and eligible sponsor” to potentially acquire the Premises to
undertake an urban renewal project, and
WHEREAS, on December 23, 2019, the IURA endorsed a definition for a proposed urban
renewal project at the Premises that includes reconstruction of two public parking decks to be
leased back to the City for operation, and
WHEREAS, the Premises is encumbered by a 2014 purchase option held by Hotel Ithaca, LLC,
the owners of the downtown Marriott Hotel, to acquire the Premises for $1 in the event the
City of Ithaca proposes to decommission or convey the Premises, and
WHEREAS, Hotel Ithaca, LLC has 12 months from the date of notice to exercise their option to
acquire the Premises, and
WHEREAS, a 2016 structural study of the Green Street parking garage conducted by Stantec
revealed that significant structural deficiencies exist in the east section that will require a
sizable capital investment to address, and
WHEREAS, the Stantec study estimated the cost to the City to demolish the east section at
more than $2,030,000 in 2019 dollars, and
WHEREAS, a 2019 appraisal by Midland Appraisal Associates, Inc. concluded the market value
of the Premises is $2,380,000, assuming a structural platform is in place to support construction
of a building utilizing the 140 ft. zoning envelop, and
WHEREAS, the existing structural system supporting the two parking decks does not support
high-rise development, and
WHEREAS, the negotiated purchase price of $350,000 represents a reasonable fair market value
of the Premises after the avoided demolition cost is considered, and
WHEREAS, on February 18, 2020, the Board of Public Works considered whether retention of
ownership of the Premises is necessary for municipal purposes, and
WHEREAS, the purchase agreement is contingent on City of Ithaca Common Council approval of
an IURA-proposed disposition and development agreement with Ithaca Properties, LLC to
implement an urban renewal project, and
WHEREAS, the City Charter requires approval by three-fourths of the Common Council to
authorize sale of real property;
WHEREAS, the City Charter further requires notice of a proposed sale to be published no less
than once each week for three weeks, the first such notice being published no less than 30 days
prior to the approval vote, and such notices have been published; now, therefore,
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows:
Section 1. Authorization for Disposition.
a. City ownership of the above-described Premises is surplus for municipal purposes.
b. The Common Council for the City of Ithaca hereby authorizes the contingent sale of
approximately 22,800 square feet of air rights property located at the eastern section of
the Green Street parking garage site (part of tax parcel #70.-4-5.2) to Ithaca Properties,
LLC at a purchase price of $350,000. The closing of the sale is contingent upon Common
Council approval of an Ithaca Urban Renewal Agency proposed disposition and
development agreement to implement an urban renewal project.
c. The Mayor, subject to advice of the City Attorney, is hereby authorized to execute a
contingent purchase agreement substantially similar to the “Purchase Agreement,
Eastern Section of Green Street Garage Urban Renewal Project Site” document, dated
2/7/20, to implement this resolution.
Section 2. Effective Date. This ordinance shall take effect immediately.
j:\planning\community development\dispositions\green garage\resolutions\east section\ped ordinance sale of air rights at 120 e green to
ithaca properties draft #2 2-7-20.doc
2/7/20
PURCHASE AGREEMENT
EASTERN SECTION OF GREEN STREET GARAGE URBAN RENEWAL PROJECT
SITE
AGREEMENT made this day of December, 2019 by and between the City of
Ithaca, a New York municipal corporation, having offices at 108 East Green Street, Ithaca, New
York (hereinafter “City”), the Ithaca Urban Renewal Agency, a New York urban renewal agency
created pursuant to general municipal law, with offices at 108 East Green Street, Ithaca, New
York (hereinafter “IURA”), and Ithaca Properties, LLC, a New York limited liability company,
having offices at 1721 N. Ocean Avenue, Medford, New York 11763 (hereinafter “Ithaca
Properties”).
WHEREAS, the City owns real property consisting of a parking garage located at 120
East Green Street, Ithaca, New York known as the Green Street Parking Garage; and
WHEREAS, on October 4, 2017, the City authorized transfer of the Green Street Parking
Garage to the IURA via an option agreement, for the purpose of structuring a proposed
conveyance and development agreement with preferred developers to undertake an urban renewal
project subject to approval by the Common Council for the City of Ithaca; and
WHEREAS, Ithaca Properties is the owner of a commercial building located at 215 East
State Street, a portion of which extends immediately under and is thereby connected to the
eastern portion of the Green Street Parking Garage; and
WHEREAS, on June 27, 2019, pursuant to section 507 of New York General Municipal
Law, the Ithaca Urban Renewal Agency (hereinafter “IURA”) designated Ithaca Properties
qualified eligible sponsor to acquire the eastern section of Green Street garage Site for the
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purposes of undertaking an urban renewal project; and
WHEREAS, on December 23, 2019, the IURA endorsed Ithaca Properties’ proposed
urban renewal project which includes reconstruction of two public parking decks, street-level
active uses and nine to ten upper levels of housing, a portion of which is to be constructed over
the eastern section of the Premises; and
WHEREAS, the endorsed urban renewal project program includes below grade private
parking, street-level active uses facing both The Commons and East Green Street, reconstruction
of two decks of public parking, and 9-10 levels of rental housing of which at least 10% of the
units shall be occupied and affordable to households earning up to 80% of Area Median Income;
and
WHEREAS, the Ithaca Properties desires to purchase the eastern section of the Garage
Site including the air rights attached to the property as more particularly described on Exhibit
“A”(the “Premises”); and
WHEREAS, the City has conveyed a purchase option for the Premises to Hotel Ithaca,
LLC (“Hotel Ithaca”) pursuant to option and purchase agreement executed on December 18,
2014 which may be exercised during a one-year period commencing on the date the City notifies
Hotel Ithaca of its intention to sell the Premises and terminating one year thereafter; and
WHEREAS, Hotel Ithaca, by letter of intent dated December 19, 2019, has notified the
City that it intends to relinquish its option to purchase the Premises under terms and conditions
as set forth in the letter of intent and specifically, the conditions set forth in items 2, 3, 4 and 6 of
the letter of intent which, subject to final negotiation and legislative approval, are generally
acceptable to the City with the exception of condition 6(d);
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WHEREAS, the City and IURA have agreed to sell the Premises to Ithaca Properties in
the event the option conveyed to Hotel Ithaca is relinquished and contingencies contained in this
agreement are satisfied.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
in this agreement and for other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the City and Ithaca Properties agree as follows:
1. The Property: The City agrees to sell to Ithaca Properties and Ithaca Properties
agrees purchase from the City in accordance with the terms and conditions of this agreement all
of the following (collectively referred to as the “Premises”):
(a) The real property, including all right, title and interest thereon, located in
the County of Tompkins, State of New York described on Exhibit “A” annexed hereto.
(b) Those rights, privileges, easements and rights of way listed in Exhibit B.
(c) All improvements and fixtures located on the Premises.
(d) All right, obligation, title and interest of the City in and to a parking
agreement between the City and Hotel Ithaca dated October 24, 2014, and defense and
indemnification of the City as to any claims asserted against the City in connection with said
agreement.
2. Purchase Price and Deposit: The total purchase price for the Premises is three
hundred fifty thousand dollars ($350,000) (the “Purchase Price”). The Purchase Price will be
paid by Ithaca Properties to the City upon the delivery of a deed and other documents in
accordance with the terms set forth in this agreement (the “Closing”).
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3. Contingencies for Sale and Purchase:
Closing of this sale is contingent on approval of the Common Council for the City of
Ithaca of an IURA-proposed disposition of The Premises to Ithaca Properties to implement an
IURA-endorsed urban renewal project in compliance with all applicable laws. Ithaca Properties
acknowledges that such approval cannot occur prior to completion of environmental review for
the proposed project and completion of disposition procedures pursuant to section 507 of General
Municipal Law.
Closing of this sale is contingent on execution of an urban renewal development
agreement with the IURA that will identify responsibilities of Ithaca Properties and the IURA to
implement the urban renewal project at The Premises following conveyance of The Premises.
Closing of this sale is contingent on the receipt by Ithaca Properties or its assignee of
Common Council approval for the urban renewal project to be constructed on this site.
Closing is contingent on release of a leasehold mortgage on The Premises held by M&T
Bank. IURA and City commit to work in good faith to resolve this encumbrance. The City shall,
upon execution of this agreement, promptly seek an agreement from M&T Bank to a release of
its leasehold mortgage on the Premises.
Closing is contingent on subdivision or lot line adjustment approval necessary for the
IURA to convey The Premises to Ithaca Properties.
4. Option: Closing is contingent upon Hotel Ithaca’s relinquishment of its
option to purchase the Premises.
5. Payment to City: In the event Hotel Ithaca exercises or fails to relinquish its
option to purchase the Premises, Ithaca Properties shall pay the City $350,000 upon the Closing
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of the sale and delivery of title to the Premises to Hotel Ithaca or its assignee. Payment to the
City is in consideration of the City’s agreement with Ithaca Properties as contained herein.
6. Reconstruction of Garage: As part of the construction by Ithaca Properties of
the proposed urban renewal project, Ithaca Properties shall reconstruct the Premises (eastern
portion of the Green Street Parking Garage to contain approximately 130 parking spaces) in
accordance with the IURA urban renewal development agreement.
7. Lease of Parking Garage: The City shall enter into a mutually agreed upon 30-
year lease of the parking garage from Ithaca Properties at a rental to be determined by amortizing
all documented, reasonable and verified costs incurred after the completion of demolition
associated with the reconstruction of the parking garage over the 30-year term of the lease,
excepting mobilization, demolition and clearance of the existing public parking decks, which
costs are already factored into the purchase price. The lease term shall commence upon
completing construction of the parking garage as indicated by issuance of a certificate of
completion or alternative documentation authorizing public utilization of the parking garage.
Ithaca Properties shall, not less than 30 days prior to scheduled lease execution, render a detailed
itemized statement, certified, notarized and sworn under penalty of perjury, to the City showing
the cost, as above defined, for the reconstruction of the garage. The lease shall provide the City
with at least two successive options to renew the term of the lease, each for a renewal period of
ten years at a rent formula to be included in the urban renewal development agreement that
recognizes the initial capital costs have been fully amortized at the completion of the initial 30-
year term.
8. Closing Date: Closing of the sale of the Premises to Ithaca Properties (“Closing
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Date”) shall be on or about a date which is 30 days from the date when all Contingencies for sale
and purchase contained above and in the IURA urban renewal development agreement have been
satisfied. The following shall be delivered by the City on the Closing Date:
(a) Deed. Conveyance shall be by warranty deed with lien covenant
conveying good and marketable title in fee simple to the Premises, and such
deed shall include an easement and right-of-way for access by pedestrians and
vehicles over the central section of the parking garage, situate and adjoining
the Premises to the west (the “Central Section of the Garage”). If at any time
the City ceases to operate the Central Section of the Garage, the City will
make a good-faith effort to provide access to the Premises through the same
area of the Central Section of the Garage provided that Ithaca Properties pays
all costs associated with providing such access. Notwithstanding the
foregoing, if at any time it is infeasible or substantially detrimental to the City,
the City is under no obligation to develop a plan or design for the Central
Section of the Garage to accommodate Ithaca Properties’ access to the
Premises;
(b) The conveyance shall reserve for the City’s benefit such easements and
rights-of-way over the Premises, as detailed in Exhibit C, including for the
purposes of maintaining public access and use of the stairway at the northeast
section of the Green Garage located on the Tax Map Parcel No. 70.-4-4.2, and
shall reserve any rights-of-way, easements or access rights required for City
utilities;
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(c) Diligence Materials: Ithaca Properties shall be responsible, at its sole
expense, for obtaining an updated abstract and any materials required by
Ithaca Properties to review the condition of title, including outstanding liens,
judgments and encumbrances, and to confirm the payment of all taxes,
assessments and other charges related to the Premises. Further, if Ithaca
Properties elects to obtain a survey of the Premises, Ithaca Properties shall be
responsible for the costs associated therewith provided, however, that Ithaca
Properties’ surveyor shall be granted reasonable access to the Premises to
complete such survey;
(d) Tax Forms: Ithaca Properties shall prepare and deliver for the IURA’s
review all tax forms required for recordation of a deed in the Tompkin’s
County Clerk’s Office, including the TP-584 and RP-5217;
(e) Subdivision/Land Division Approval: If the Premises constitutes
only a portion of a pre-existing parent parcel or is a lot in a subdivision or
part of any other land division, the IURA shall deliver all necessary
documentation to establish that the division has been approved in
accordance with local and state law. Furthermore, if the Premises
constitute only a portion of a pre-existing tax parcel, the IURA shall obtain
a certificate of apportionment from the Assessor’s Office establishing the
percentage of such tax parcel’s assessed value to be attributed to the
Premises;
9. Closing Adjustments: Taxes, assessments, water and sewer charges shall
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be adjusted to the Closing date. The City shall not be responsible for any taxes or charges that
the City would not have incurred, paid or otherwise been responsible absent Closing under this
agreement.
10. Condition of Premises at Closing: The City and IURA shall not transfer or
encumber the Premises or any interest in the Premises, other than referenced in this agreement, in
any manner that might diminish its value.
Condition of the Premises shall be “As Is” at Closing with no assurances made by
City.
Ithaca Properties shall have a right to inspect the Premises within 24 hours prior to
Closing for the purpose of confirming the condition of the improvements and the City’s
maintenance of the Premises.
11. Closing Expenses: Ithaca Properties shall pay for title searches and insurance,
recording of the deed and other related documents, and shall also pay the required transfer tax, if
any, to be attached to the deed.
12. Risk of Loss: Risk of loss or damage to the Premises by fire or other
causes or casualties until the Closing Date is assumed by the owner in fee of the Premises at the
time of the loss or damage..
13. Rejection of Title: Ithaca Properties will accept title that any reputable title
insurance company retained by Ithaca Properties and licensed to do business in the State of New
York shall be willing to approve and insure in accordance with its standard form of title policy
approved by the New York State Insurance Department, subject only to the matters provided for
this contract. The above notwithstanding, in the event that Ithaca Properties shall raise any
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objection to the City’s title, which if valid, would render the title unmarketable for the present or
intended use as herein expressed, the City and IURA shall exercise all commercially reasonable
efforts to cure said title objection as soon as reasonable practicable. The City and IURA further
agrees not to take any actions or permit any actions to be taken that would cause any such code
violations.
14. Representation and Warranties: The City and IURA have the full power and
authority to execute this agreement and all agreements and documents referred to herein and to
fully perform as required by this agreement.
15. Disclosures: The City and IURA shall disclose to Ithaca Properties any
information reasonably known to or reasonably producible by the City or IURA as of execution
of this agreement about any of the following matters relating to the Premises and/or any
improvements located thereon:
(a) any violation of any administrative enactments including but not limited to
building codes and zoning ordinance;
(b) any pending or threatened litigation concerning the Premises;
(c) any written or oral lease, option or agreement of sale, claim or legal
proceeding relating to the Premises.
16. Term of Agreement: This agreement shall go into effect upon execution hereof.
The City shall notify Hotel Ithaca of its intention to sell the Premises within forty-five days from
the execution of this agreement. In the event Hotel Ithaca exercises its option then this
agreement shall continue in full force and effect until the Closing of the Premises to Hotel Ithaca.
If Hotel Ithaca fails to exercise the option on or before the option expiration date, Closing with
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Ithaca Properties shall take place as set forth herein. Notwithstanding any other provision of this
agreement, this agreement shall, at the City’s option, become null and void on or after January
31, 2022 in the event that Ithaca Properties has not closed by that time.
In the event Hotel Ithaca refuses to relinquish its option and notifies the City of its intention to
exercise the option then this agreement shall continue.
17. Termination of Litigation: Within five business days of execution of this
agreement, Ithaca Properties shall discontinue with prejudice all pending litigation with the City
regarding the Premises, including the currently pending appeal at the Appellate Division, Third
Department, docket number 528771. Ithaca Properties further represents that it is aware of no
other causes of action that it possesses against the City at this time.
18. Superseding Agreement: This agreement supersedes any and all agreements
and representations that may have been previously made between the parties and states the full
agreement of the parties.
19. Binding Effect and Modification: This agreement shall bind the parties hereto
and their successors and/or assigns and may not be modified except in writing signed by the
parties hereto. The terms of this agreement and all written modifications hereto shall survive the
Closing.
20. Remedies: In addition to any other remedy specifically set forth in this
agreement, Ithaca Properties has the right to enforce the provisions of this agreement through an
action for specific performance or injunctive relief. The election of any one remedy available
under this agreement shall not constitute a waiver of other available remedies.
21. Counterparts: This agreement may be executed in one or more
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counterparts, all of which when taken together shall constitute one and the same instrument.
22. No Waiver: No provision of this agreement shall be deemed amended or
waived unless such amendment or waiver is set forth in writing signed by both parties to this
agreement. No act or failure to act by either party shall be deemed a waiver of its rights
hereunder and no waiver in any one circumstance or of any one provision shall be deemed a
waiver in other circumstances or of other provisions.
23. Holidays: If any date set forth in this agreement or computed pursuant to this
agreement falls on a Saturday, Sunday or national holiday, such date shall be deemed
automatically amended to be the first business day following such weekend day or holiday.
24. Headings: The headings of the paragraphs of this agreement have been
inserted only for the purposes of convenience and are not part of this agreement and shall not be
deemed in any manner to modify, explain, expand or restrict any of the provisions of this
agreement.
25. Governing Law: This agreement shall be governed by the laws of the State
of New York applicable to contracts made and to be performed entirely within the State of New
York. Venue for any disputes shall be exclusively with the courts of Tompkins County, New
York State.
26. Assignment: Ithaca Properties may assign this agreement without IURA
approval only to an entity of which at least 50% ownership interest is held by Ithaca Properties
and/or its principals, shareholders or members, and such assignee shall have executed a
development agreement with the IURA to undertake the endorsed urban renewal project at The
Premises, or accepted assignment of such an IURA development agreement from Ithaca
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Properties. Such authorized assignment is further conditioned upon submission to the IURA and
City of the following information:
(a) The name and address of the assignee, its certificate of incorporation and
by by-laws if a corporation, or its articles of organization and operating
agreement if a limited liability company; and
(b) Identification in writing of the manager(s), member(s) and all persons or
entities with a 15% or more ownership interest in the assignee.
Any other assignment of this agreement shall require prior written authorization of the IURA at
its sole discretion.
IN WITNESS WHEREOF, the parties hereto have set their hand and seal the day and
year first above written.
CITY OF ITHACA
By:___________________________________
ITHACA URBAN RENEWAL AGENCY
By: ___________________________________
ITHACA PROPERTIES, LLC
By:___________________________________
Jeffrey Rimland, Managing Member
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STATE OF NEW YORK )
) ss:
COUNTY OF TOMPKINS )
On the __________day of ______________, 2020 before me, the undersigned, personally
appeared ______________________________________, personally known to me or proved to
me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed
to the within instrument and is (are) subscribed to the within instrument and acknowledged to me
that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their
signature(s) on the instrument, the individual(s) or the person upon behalf of which the
individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument.
_____________________________________
NOTARY PUBLIC
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STATE OF NEW YORK )
) ss:
COUNTY OF SUFFOLK )
On the __________day of December, 2019 before me, the undersigned, personally
appeared JEFFREY RIMLAND, personally known to me or proved to me on the basis of
satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within
instrument and is (are) subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s)
on the instrument, the individual(s) or the person upon behalf of which the individual(s) or the
person upon behalf of which the individual(s) acted, executed the instrument.
_____________________________________
NOTARY PUBLIC
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
To: Planning and Economic Development Committee
From: Jennifer Kusznir, Senior Planner
Date: February 7, 2020
Re: Proposed Amendments to the Waterfront Zoning Districts
The purpose of this memo is to provide information on a proposal to amend the waterfront
zoning districts.
In 2017, the Waterfront Zoning Districts were amended in order to establish the Cherry, the West
End/Waterfront, the Market, and the Newman Districts. However, at the time that the zoning
was amended the City had not yet completed the Waterfront Area Plan. The ordinance that was
passed acknowledged that once the plan was complete the City would need to revisit the zoning
to ensure that it was in line with the goals and recommendations of the plan. In 2019, the City
completed and adopted the Waterfront Area Plan. After reviewing the existing waterfront
zoning, planning staff is asking the following recommendations on how to amend the zoning:
• Updated the code to add a definition for a row house. This use is only defined in the
Collegetown area form districts and not in the general zoning definitions. However, row
houses are referred to in the districts as part of the maximum building lengths. Staff is
recommending that the definition be removed from 325-45, Collegetown Area Form
Districts, and instead be placed in the general definitions 325-3. In addition, staff
recommends that the definition of row house be changed to remove language requiring
that the each row house maintain a uniform distance from the street. Having uniform
distance is not always desired, as it prohibits properties from having differentiation in the
facades of the individual row houses.
• Update permitted primary uses. Staff recommends replacing townhouses with row
houses in the permitted primary uses in each of the waterfront districts. Town houses are
attached side by side houses, while row houses can be vertical or side by side. Town
houses can be a type of row house, so it is not necessary to have both of these as
permitted uses.
• Maximum Building Length. When the waterfront zones were established in 2017, a
maximum building length was only included for the West End/Waterfront district.
However, one of the recommendations of the plan is to maintain frequent visual breaks to
the water. If buildings have no maximum length it can block all visibility to the water.
Staff is recommending updating Section 325-8C to add maximum building lengths in all
of the waterfront districts.
• Front yard Setback and Sidewalk and Tree Lawn Requirements. Staff recommends
adding a minimum front yard setback of 5’ measured from the inside edge of the
sidewalk in each of the waterfront districts. In addition, staff recommends amending
325-8C to add minimum sidewalk and tree lawn requirements in all of the waterfront
districts.
• Stepback Requirement. When the zoning was established in 2017, each of the districts
had a requirement that all of the buildings facing the water had to have a stepback
requirement. The intent of this requirement was to allow for buildings lower scale along
the water. However, as development proposals have begun to come in, it has become
clear that this requirement will not achieve the aesthetic goals that were intended in the
Market and Newman Districts where there is already a generous setback from the water
and the water way is much larger.
Enclosed for your consideration is a draft ordinance containing all of these proposed changes. If
the committee is in agreement, staff will circulate the proposed ordinance and return next month
with any comments that have been received. If you have any concerns or questions regarding
any of this information, feel free to contact us at 274-6410.
2/8/2020
1 | Page
PLANNING COMMITTEE:
An Ordinance Amending the Municipal Code of the City Of Ithaca,
Chapter 325, Entitled “Zoning” To Establish New Zoning for the
Waterfront Area
ORDINANCE NO. ____
BE IT NOW ORDAINED AND ENACTED by the Common Council of the City
of Ithaca that Chapter 325 of the City Code be amended as
follows:
Section 1. Chapter 325-3B of the Municipal Code of the City of
Ithaca, entitled “Definitions and Word Usage”, is hereby amended
to add the following new definition:
ROW HOUSE
A residential structure composed of three or more attached
modules with shared sidewalls, the facade of each module
measuring no more than 25 feet in length. Modules within a
row house may consist of a single dwelling unit or may contain
multiple vertically stacked dwelling units. Each module must
have one street-facing entry.
Section 2. Chapter 325-45.2B, Definitions for Collegetown
Districts, is hereby amended to remove the definition of “Row
House”.
Section 3. Section 325-8, District Regulations, is hereby
amended to change the permitted primary uses in the Cherry, West
End/Waterfront, the Market, and the Newman Districts in order to
replace townhouse with row houses in each of these districts.
Section 4. Section 325-8, District Regulations, is hereby
amended to change the minimum front yard setback in the Cherry
Street, West End/Waterfront, the Market, and the Newman
Districts to only read 5’ minimum required front yard setback
measured from the inside edge of the sidewalk.
Section 5. Section 325-8C. Additional Restrictions in the West
End/ Waterfront, the Cherry Street District, the Market
District, and the Newman Districts, is hereby amended to add new
subsections (5) and (6), to read as follows:
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(5)Sidewalk and Tree Lawn Requirements. All new construction
located in the Cherry Street, the West End/Waterfront, the
Market, or the Newman Districts must provide a 8’ tree
lawn and 5’ sidewalk along the street frontage of the
property. The Planning Board may amend this requirement
based on site conditions.
(6) Maximum Building Length. All new structures located
within the Cherry Street District and the West
End/Waterfront District shall be constructed to be no more
than 100’ in length. Exceptions to maximum building
length may be granted by the Planning Board.
Section 6. Section 325-8C.(3), “Stepback Requirements” is hereby
amended to remove the stepback requirements in the Newman and
Market Districts.
Section 7. 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 8. 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 9. Effective date. This ordinance shall take effect
immediately and in accordance with law upon publication of notices
as provided in the Ithaca City Charter.
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
To: Planning & Economic Development Committee
From: Jennifer Kusznir, Senior Planner
Date: February 6, 2020
RE: Proposed Amendments to Establish Criteria for Granting Special Permits
for Multiple Primary Structures
The City is currently considering a proposal to establish guidelines for accessory dwelling units.
The proposal includes a restriction for multiple primary structures to only be allowed by a
special permit. In order to provide guidance to the Planning Board when determining whether or
not to grant a special permit staff is proposing the following amendments to the special permits
sections of the City Code, sections 325-9 and 325-10.
• Section 325-9B.(1)(a).Special Permits-Applicability
• Replace (a) “Accessory Apartments” with “Multiple Primaries”
• Section 325-9D(1)(b)- Special Permits-Permit Review Criteria, shall be amended as
follows:
• The Planning and Development Board shall deny a special
permit where it finds that a proposed use would have a
significant negative impact on traffic, parking,
congestion, environment, property values, municipal
services, character of the surrounding neighborhood,
stormwater runoff, or if the use is not in line with the
City Comprehensive Plan, including considerations of
occupant load, night operation, and the use of chemical,
biological, or radioactive agents expected in connection
with the proposed activity, as well as failure to meet any
additional conditions in Section 325-10.
• Section 325-10C. Additional Conditions for Special Permits-(1.) “Accessory
Apartments” be replaced in its entirety with the following:
• Multiple Primary Structures. The following specific
conditions shall be applicable to all special permits for
multiple primary structures:
(a)Additional primary structures should not result in a
significant loss of green space.
(b)Additional primary structures should not result in the
removal of significant trees.
(c)Property Owners applying for a special permit should have
separate utilities for multiple primary structures.
If you have any concerns or questions regarding any of this information, feel free to contact us at
274-6410.
To: Planning and Economic Development Committee
From: Jennifer Kusznir, Senior Planner
Alexander Phillips, Planner
Date: December 6, 2019
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.
This proposal was last discussed at the February Common Council meeting. At that meeting the
Common Council discussed the following:
x Council voted to amend the proposed ordinance to include a whereas statement that
explains that the South hill Overlay District will remain in place until after a South Hill
neighborhood can be completed. The enclosed draft ordinance reflects this change.
x The proposed Council discussed an option to include a maximum size for attached
accessory dwelling units (AADU). The draft that was presented to Council stated that
AADU that do not change the exterior of the house do not have a maximum size. However,
several council members Council requested that a maximum size of 40% of the primary
structure be added.
x Council also discussed the possibility of developing incentive zoning to encourage owner
occupancy. In order to encourage owner occupancy the City could waive some of the ADU
requirements in owner occupied properties, such as allowing multiple primaries as of right
without a special permit, removing the size cap for AADUs, or eliminating the contiguous
green space requirement.
If you have any concerns or questions regarding any of this information, feel free to contact us at
274-6410.
`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
2/8/2020
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, and
8. WHEREAS, this ordinance does not repeal the South Hill Overlay
District, which shall remain in place until the South Hill Plan
is completed, now therefore be it
ORDAINED AND ENACTED by the Common Council of the City of Ithaca
that Chapter 325, Zoning, be amended as follows:
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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
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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, the Planning Board may grant multiple
primary structures by special permit.
(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
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lot in the CR-2 and R-2 zoning district that
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
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event must be compatible with the
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.
CITY OF ITHACA
108 E. Green St. — Third Floor Ithaca, NY 14850-5690
JoAnn Cornish, Director
DEPARTMENT OF PLANNING and DEVELOPMENT
Division of Planning, Economic Development, Sustainability, and Zoning
Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6565
E-Mail: dgrunder@cityofithaca.org
2020 Planning Division Work Program/Goals and Milestones
Top Priorities
• Completion of Downtown Plan in Coordination with the DIA
• Green Street Garage Redevelopment Coordination
• Southside Zoning – Write and Coordinate Adoption
• Energy Code Supplement for New Construction - Implementation
• Green New Deal Implementation
• Energy Code Supplement for Exiting Buildings
• City Economic Development Strategy
• Comp Plan - 5 year Review – Accomplishment Report
• City Facilities East Hill Fire Station Relocation
• City Facilities - Ithaca Police Department Relocation
• Employee Engagement Survey Implementation
Year ahead challenges & opportunities
• New initiatives/programs will take time and focus
• Planning for retirements and hiring process
• Spatial organization and equipment for new staff will take time and funding
• New staff onboarding/training
• Continue efforts to improve internal processes to better serve the public including remote access
to information, file maker, and permits
Project/Task Anticipated Completion
Downtown/West State Street/West End Plan
• Initial Public Outreach (survey & presentations) Q2
• Complete full draft of plan Q2
• Circulation & Public Outreach Q3
• Plan Adoption Q4
Housing - ADU/Infill Legislation
• Facilitate adoption of legislation Q1
Housing - Pocket Neighborhoods
• Research Q1
• Identify local barriers Q1
• Draft and present legislation Q2
Project/Task Anticipated Completion
Housing – Short Term Rentals
• Research Building Code Issues
• Research ordinances adopted in other NYS municipalities
• Research alternatives for third-party monitoring and
compliance support.
• Draft and Present Legislation
Q2
Q2
Q2
Q3
Strategic Plan for City Facilities – East Hill Fire Stations &
Ithaca Police Headquarters
• Complete Summary Report of work to-date Q1-2
• Order new Appraisal Q1
• Decide on Sealed Bid or RFP Q1
• Conduct Seneca Garage RFEI Process Q3
Collegetown Streetscape (support role)
• Streetscape Design Q1
Capital Projects
• Coordinate Capital Budget Process Q3
Comp Plan - 5 Year Review, Update & Implementation Strategy
• Review Plan and List Accomplishments
• Identify Goals/Priorities for the Next Five Years
Q1
Q2
• Draft Implementation Strategy
• Circulate and Present to Council
Q3
Q4
Intercity Busses
• Assist City & bus companies as needed and monitor operations Q1-Q4
• Work with County to convene and coordinate task force to
locate and develop a permanent intercity bus depot
Q1-Q4
Homeless Housing Task Force (support)
• Attend meetings and provide support and information for the
Homeless Housing Task Force.
Q1-Q4
Project/Task Anticipated Completion
Inlet Dredging (support)
Provide support as needed to Superintendent of Public Works,
DEC, and Consultants to complete construction of the Sediment
Management Facility in the Southwest
Q1-Q4
Cascadilla Creek Dredging
• Administer $2 million NYS Capital Assistance Grant Q1-Q2
Parking & Transportation Plans (support role)
• Inventory Q1
• Public outreach Q2
Historic Preservation
• Complete local designation process for the Ithaca Downtown
Historic District and three additional downtown properties
Q1-Q2
• Apply for grant funding to conduct a reconnaissance-level
survey of architectural resources from the "recent past"
Q2-Q3
• Complete the documentation needed to National-Register
"certify" the local University Hill Historic District
Q2-Q3
• Prioritize and prepare nomination materials for Waterfront &
Southside historic properties worthy of designation
Q1-Q4
Project/Task
Anticipated Completion
Energy Code Supplement for New Construction Implementation
• Facilitate Code Adoption Q1
• Internal training/Process Development Q1-Q2
• Public Education Q1-Q2
• Implementation Support Q1-Q2
Green New Deal – Implementation
• Coordinate Transition Team Q1-Q2
• Hire Sustainability Manager Q2
• On-Board Sustainability Manager Q2
• Coordinate Interim Advisory Team Q1-Q2
• Begin City Climate Action Plan
Q2-Q3
• Work on Green New Deal action plan Q1-Q4
• Complete greenhouse gas inventory updates Q1-Q3
• Convene and meet with GND stakeholder committee Q1-Q4
Energy Code Supplement for Existing Buildings
• Apply for funding Q1
• Complete early research work with Cornell Q1-Q2
• Hire consultants Q2-Q3
• Begin study phase Q2-Q3
Other
• Participate in “Facilitating Plug-in Electric Vehicle Adoption Amon
• Non-New Car Buyers” project
Q1-Q4
• Adopt new Property Assessed Clean Energy (PACE) legislation Q1
• Grant administration (ongoing) Q1-Q4
• Publish Ithaca Sustainability Newsletter (ongoing) Q1-Q4
• Represent City for local, state, national initiatives and organizatio Q1-Q4
Project/Task Anticipated Completion
• Amend Zoning to Implement Adopted Southside Plan Q3
• Revise/Update Sign Ordinance Q3-Q4
• Facilitate Adoption of the Carpenter Park PUD Q-2
• Coordinate process for the Collegetown PUD Q1-Q2
• Update Waterfront Zoning Q2
Project/Task Anticipated Completion
Downtown Conference Center
• Continue to work with the Downtown Ithaca Alliance and Q1
Tompkins County Tourism Program to evaluate the feasibility of
developing a downtown Conference Center
• Pursue strategies and tasks as appropriate TBD
City Economic Development Strategy
• Scope Q1
• Research Q2
• Outreach Q3
• Adoption Q4
Explore Collegetown Business Association or Improvement District Q1 – Q4
• Interview stakeholders to ID Shared priorities and BID Activities
• Convene a Steering Committee
Implement Collegetown Beautification short-term improvements Q2 & Q3
Coordinate Business Retention and Expansion Program Ongoing
Downtown Transportation Demand Management Program (TMA)
• Grant Administration for TMA (NYSERDA $460,000) Q1 - Q4
Ithaca Commons Management
• Coordinate with the DIA and City DPW staff for ongoing
management of the Commons, including maintenance, repairs,
upgrades, permits, events, and addressing property and business
owner concerns.
• Manage outstanding items to be completed as part of the rebuild
of the Ithaca Commons.
• Coordinate Commons permitting with DIA and Public works.
Community Investment Incentive Tax Abatement Program (CIITAP
• Coordinate City Approval Process for 2020 Projects seeking tax
abatements through the program.
• Consider requiring minimum building standards to projects
receiving tax abatements.
Projects in Implementation Projects in Development Q1-Q4
Harold Square- – Completion Q2 Green Garage Redevelopment (West End)
Greenstar Cooperative- Completion Q2 Green Garage Redevelopment (East End)
North Campus Residential Expansion – Completion
2021 College Ave PUD +/- 800,000 SF
130 Cherry Street - Apartment (94 Units) Taughannock Blvd- Housing
Library Place – Completion in 2020 Housing Authority Properties
Stewart Park Playground Grandview
Agora
Projects - Expected 2020 Implementation Airplane Factory
INHS – 320 W Buffalo (Immaculate Conception)
West End Heights Green Garage Redevelopment
312 E Seneca St Design Development Q1
815 S Aurora St – Student Housing Project Approvals Q2-4
Council vote project and property sale Q4
Projects In Approval Process
City Harbor (Guthrie, etc.)
Carpenter Business Park/Community Gardens
411- 415 College Ave
Falls Park (Ithaca Gun)
Manage the City’s annual HUD Entitlement grant to increase the supply of affordable housing, make
homeowner repairs, assist employers who create jobs, fund job training programs resulting in job placement,
and prevent homelessness
Highlighted projects:
Green Garage Redevelopment (Asteri, Rimland & Conference Center)
Will coordinate as needed and/or requested to pursue state and federal funding to implement City goals
Planning & Development Board
Board of Zoning Appeals (BZA)
Ithaca Landmarks Preservation Commission (ILPC)
Planning and Economic Development Committee (PEDC)
Commissions
Support Commissions as assigned/needed
Public Art
• Facilitate review of mural proposals Q1
• Coordinate installation of successful proposals Q1-Q2
• Launch Initiative for GND –Themed Public Art Q2-Q3
Develop Stand-alone documents for each zone Q3-Q4
Revise Zoning Map and Chart for Usability
• Research and select platform/software Q2
• Rectify/Correct district boundaries (GIS) Q2
Review & Update Fees
Database Implementation
Implement Address-based filing
Develop/Implement SOPs
Develop Project Charter/Agreement – Project process
Scan building division property files
Hire three new Code Inspectors (1 retirement)
Hire one new Planner
Hire a Director of Sustainability
Hire one new Sustainability Planner (Mid-year)
Hire a Director of Code Enforcement (1 retirement)
Spatial reorganization for new staff
Succession Planning
Employee Engagement Survey Tasks – to be determined
• Tompkins County Area Development Board
• Ithaca Neighborhood Housing Services Board of Directors and Loan Committee
• Downtown Ithaca Alliance Board and Committees (Business Retention & Development,
Transportation)
Planning Division staff also participate in or serve on numerous external committees and collaborative groups