HomeMy WebLinkAboutMN-PEDC-2019-08-14
Approved at the
October 9, 2019 PEDC Meeting
City of Ithaca
Planning & Economic Development Committee
Wednesday, August 14, 2019 – 6:00 p.m.
Common Council Chambers, City Hall, 108 East Green Street
Minutes
Committee Members Attending: Donna Fleming, Acting Chair; Cynthia Brock,
and Laura Lewis
Committee Members Absent: Alderpersons Murtagh and Smith
Other Elected Officials Attending: Mayor Svante Myrick (6:15 p.m.), and
Alderpersons McGonigal and Nguyen
Staff Attending: JoAnn Cornish, Director, Planning and
Development Department; Lisa Nicholas,
Deputy Director, Planning and Development;
Nick Goldsmith, Sustainability Coordinator;
and Deborah Grunder, Executive Assistant
Others Attending: None
Acting Chair Donna Fleming called the meeting to order at 6:00 p.m.
1) Call to Order/Agenda Review
There were no changes to the agenda.
2) Public Comment
No one was present to speak during the public comment section.
3) Special Order of Business
a) Public Hearing – INHS Immaculate Conception Planned Unit
Development
Alderperson Brock moved to open the public hearing; seconded by
Alderperson Lewis. Carried unanimously.
No one was present to speak during the public hearing section.
Approved at the
October 9, 2019 PEDC Meeting
Alderperson Brock oved to close the public hearing; seconded by Alderperson
Lewis. Carried unanimously.
b) Public Hearing – Ithaca Wastewater Treatment Plant Disclosure
Ordinance
Alderperson Lewis moved to open the public hearing; seconded by Alderperson
Brock. Carried unanimously.
Rich DePaolo, Town of Ithaca, spoke on the Wastewater Treatment Facility. It
is a vital facility for the community. Millions of dollars have been used to
modernize the facility. There are nuisance issues however. He feels this may
deter potential buyers in the area. It is a jointly operated facility with the Town
of Ithaca. We must be mindful with any changes made. He urges this
ordinance be passed
Tom LiVigne, 33 Grandview Drive, Cayuga Medical Center. Spoke his
comments and also provided them in hard cover. They are attached to these
minutes.
Sheryl Swink, 321 N. Albany Street, stated we may be heading down a slippery
slope. There are many nuisances associated with other areas in the City. Are
we going to have such an ordinance in other areas?
Marty Hiller, 110 W. Lewis Street, has worked in the Community Gardens for
years and has never noticed any of the issues stated in the ordinance. She
doesn’t feel that this ordinance will deter new buyers and development. She
sees it as a way for people to give up their rights to complain about things going
around their neighborhood. Communication is not always easy, but it’s not
optional. We as the City are co-owners of the plant. She doesn’t feel this is
Lincoln Morse, 101 Pier Road, said living close to this facility, he has never had
any issues with this facility. We have to take the good with the bad. He has no
problem with being a neighbor to this facility. It is well run.
Alderperson Lewis moved to close the public hearing; seconded by
Alderperson Brock. Carried unanimously.
4) Announcements, Updates, Reports
a) Planning Board: Update on the Carpenter Circle Planned Unit
Development
Approved at the
October 9, 2019 PEDC Meeting
Deputy Director Lisa Nicholas provided an explanation regarding PUD
ordinances. It is the Planning Board’s charge to provide the updates on said
PUDs
Alderperson Ducson asked whether the Planning Board has expressed
concerns regarding the amount of parking slated for this development.
Lisa Nicholas stated the Board has not gone in any great length regarding this
portion of the PUD. She further stated that the Board will be discussing it at
their next meeting scheduled for August 27, 2019.
CHECK TAPE FOR LEWIS AND BROCK’S COMMENTS.
RE: Carpenter Circle PUD – Planning Board Update to Common Council
This update is submitted in accordance with the City’s PUD Ordinance, which requires that the
Planning Board update Common Council after each Planning Board meeting where the project is
considered and request ongoing written comments from the Common Council. Please submit any
written comments for the Planning Board to me at lnicholas@cityofithaca.org or Anya Harris at
aharris@cityofithaca.org . Call (607-274-6557) or email me directly with questions or requests for
information.
Planning Board Update
The Planning Board reviewed the project at their July 23, 2019 meeting. The applicant gave a
comprehensive project presentation focused on site constraints, site layout and architecture. The
Planning Board also declared itself Lead Agency for the environmental review. Planning Board
members comments/requests included the following:
1. Board members appreciated the revised building elevations of the (affordable)
residential building which brought it into parity the design, materials and detailing on
the two proposed mixed use buildings.
2. Visualizations from the Cayuga Waterfront trail were requested
3. There were several comments regarding the architecture, including the following:
a. Need to break up the monotony of the building facades with more
articulation and variation of massing
b. Incorporate light roofs/ roof gardens /green roofs
c. Colors seem dark and imposing
4. Edge condition along Route 13 needs careful development. Needs stronger sense of separation.
Consider sound attenuation. Focus on sense of safely for sidewalk along
Route 13. Consider berms and fencing.
5. Investigate reduction of sealed surfaces – look into porous paving
6. Internal circulation roads need work- look at traffic calming, bus stop
design and potential future connection to DOT site
7. Look at trail connection
The Planning Board expects to continue reviewing the project at the next meeting on August 27, 2019
The planned topics of discussion are Site Plan & Parking. The project will be scheduled for the
beginning of the agenda to accommodate attendance by interested members of Council.
Other Project updates:
Approved at the
October 9, 2019 PEDC Meeting
None at this time- a full accounting of the status of other required approvals will be provided in
the September update.
5) Action Items (Voting to Send on to Council)
a) Neighborhood Improvement Incentive Fund
Moved by Alderperson Brock; seconded by Alderperson Lewis. Carried Unanimously.
RESOLUTION: Request for Neighborhood Improvement Incentive Funds from the
Ithaca Housing Authority Family Sites Tenant Council for National Night
Out, August 2019
WHEREAS, the City of Ithaca Common Council established the Neighborhood Improvement
Incentive Fund in 1995 to provide financial assistance to city residents seeking
to improve the quality of life in their neighborhoods, and
WHEREAS, the fund is intended to support residents' interest in community improvement
and to encourage, not replace volunteerism, and
WHEREAS, the funds are intended to be used for projects or events that provide a general
neighborhood benefit and not for the limited benefit of individuals or a select few
residents, and
WHEREAS, activities specified by the Council as eligible for the funding include but are not limited
to items such as neighborhood clean-ups, planting in public places, and organizing
neighborhood events like block parties or meetings, and
WHEREAS, neighborhood groups are required to submit a completed application specifying other
project donations, estimated volunteer hours, estimated costs to be covered by the fund
and signatures of residents in the immediate neighborhood, and
WHEREAS, to streamline the process the Council has delegated authority to approve applications to
the Planning & Economic Development Committee, and
WHEREAS, each neighborhood group is eligible to receive up to $300 per year as a reimbursement
award payable on the submission of original receipts or invoices for approved
activities, and
WHEREAS, the City cannot reimburse residents for sales tax expenses, and
WHEREAS, the Ithaca Housing Authority Family Sites Tenant Council submitted an application for
reimbursement funds to off-set expenses that in past years have generally ranged from
$500 – $1,000 for its annual National Night Out events, held this year on Tuesday,
August 6, 2019, and
WHEREAS, this annual event is sponsored by the Family Sites Tenant Council at Conway Park, and
the event provides opportunities for socializing with diverse groups of Northside
residents; now, therefore, be it
Approved at the
October 9, 2019 PEDC Meeting
RESOLVED, that the Planning and Economic Development Committee approves the request
from the Ithaca Housing Authority Family Sites Tenant Council in an amount up
to $300.00 for reimbursement upon presentation of original invoices and/or
receipts.
b) Wastewater Treatment Plant Disclosure Ordinance
ORDINANCE 2019-
Alderperson Brock moved; seconded by Alderperson Lewis.
Alderperson Brock stated that this facility serves not only the City of Ithaca, Town of
Dryden, and the Town of Ithaca but also the Village of Cayuga Heights, Town of
Lansing and the Village of Lansing. It serves over 50,000 people. It is the City’s
largest industrial facility in Tompkins County. She stated that this ordinance is to point
out things that may be of concern for those moving into the area. Truck traffic has
increased substantially. There is also the railroad track which may hinder these trucks
from moving along at a reasonable pace. The intention of this ordinance is to advise,
educate, and inform. It should not be considered to be an unusual burden. The east
side Route 13 is a higher generator of a nuisance than this facility. The noise, the
smells, etc. are far more a nuisance.
Alderperson Lewis thanked all those who spoke on this topic. She does serve on the
SJC Joint Sewer Committee and lives on Willow Avenue which is within the stated
suggested area. She is very much in favor of educating the community on the good
that this facility provides. She doesn’t think that this ordinance is pointing out the bad
nuisances of the plant. She would like to see some revisions. She doesn’t feel
comfortable focusing on the limited nuisance. She does have issues with the
suggested ordinance.
Alderperson Nguyen agreed with Alderperson Lewis. He also agrees that Route 13
has more nuisances than this plant. He feels that it is not necessary that said
nuisances are pointed out.
City Attorney Lavine stated that there is nothing legally wrong with this ordinance, but
also feels it is not necessary from a legal perspective.
Alderperson Brock stated that even though there isn’t anything wrong with this
ordinance legally, it is to bring out what it means to live near this plant as it would if
one would live next to a railroad. This ordinance is important to educate people who
will be admittedly affected.
Alderperson McGonigal stated he would like to witness this first hand.
Approved at the
October 9, 2019 PEDC Meeting
Alderperson Lewis stated she can hear trucks every night from the plant. There are
many people who garden, walk, and shop in this area. People aren’t complaining.
The ordinance is pointing out the negative aspects of the ordinance. That’s not
education.
Alderperson Nguyen stated that the TCAT buses drive in and out of this area as well.
Mayor Myrick stated he is most concerned about focusing on the negative and
entering a slippery slope. He suggests perhaps a letter of education outlining the pros
and cons of the facility. He frequents the area – farmer’s market, waterfront trail, etc.
and has never experienced any problem.
Alderperson Fleming stated she cannot support this ordinance as written. She is
willing to explore other options. She agrees with the slippery slope comment. There
are many other nuisances in the City.
Alderperson Brock moved to withdraw the ordinance as written and asked that the
Mayor attend a SJC meeting to come up an alternative. It was decided that the Mayor
and JoAnn Cornish will attend the next SJC meeting. Alderperson Lewis seconded it.
Carried unanimously.
PRESERVATION OF ITHACA AREA WASTE WATER TREATMENT FACILITY
DISCLOSURE REQUIREMENT
WHEREAS, The Ithaca Area Waste Water Treatment Facility
(IAWWTF), built in 1987 and located at 525 Third Street, Ithaca
is a 13.1 MGD waste water treatment facility providing
secondary treatment and phosphorus removal, jointly owned by
three municipalities: the City of Ithaca, Town of Ithaca and
Town of Dryden; and
WHEREAS, On December 31, 2003, the City of Ithaca, Town of
Ithaca, Town of Dryden, Village of Cayuga Heights, Town of
Lansing and Village of Lansing entered into an Intermunicipal
Wastewater Agreement (IWA) as a condition of receiving New York
State Clean Water/Clean Air Bond Act funding to install and
implement capital improvements and phosphorus removal systems;
and
WHEREAS, The IWA and New York State Clean Water/Clean Air Bond
Act funding stipulations requires the IAWWTF and Village of
Cayuga Heights Waste Water Treatment Plant (CHWWTP) jointly
agree to provide wastewater services to the six municipalities
by allocating excess treatment capacity at the IAWWTF to the
CHWWTP, allowing for future growth within the six sponsoring
communities; and
WHEREAS, In addition to representing over $30 million in
investments by the municipal partners in providing wastewater
treatment services to over 50,000 residents, and commercial,
agricultural, and industrial users in the region, the IAWWTF
receives and treats high volumes of trucked septage, light
Approved at the
October 9, 2019 PEDC Meeting
industrial, and agricultural waste, anticipates receiving and
processing food scraps in coming years, provides the highest
achievable levels of phosphorus and contaminant removal, and
captures methane and heat to produce electricity and natural
gas; and
WHEREAS, The IAWWTF, in partnership with Cornell University and
Ithaca College, regularly engages in scientific research and
innovative technology research programs to better protect and
preserve water resources, and foster the development of
innovative industry advancements, current examples include
research on pharmaceuticals, emergent contaminants, and
microplastics and the efficacy of current removal techniques,
biochar analysis and development, and energy production from
municipal waste water treatment processes and byproducts; and
WHEREAS, It is the declared policy of the City of Ithaca to
conserve, enhance and encourage adequate and appropriate
municipal waste water treatment operations in the City, and to
minimize potential conflict between IAWWTF operations and non-
industrial land uses within the vicinity of the IAWWTF; and
WHEREAS, Where non-industrial land uses, especially residential
development, extend into the vicinity of the IAWWTF, municipal
waste water treatment operations may be the subject of nuisance
complaints, such complaints may request the curtailment of
municipal waste water treatment operations, and discourage
investments, improvement and expansion of municipal waste water
treatment operations; and
WHEREAS, Constraints on operations, management and possible
expansion of the IAWWTF is detrimental to the health, safety,
and economic viability of Cayuga Lake, the City of Ithaca, Town
of Ithaca, Town of Dryden and surrounding areas for which it
serves; and
WHEREAS, A Disclosure Requirement can educate residents and
businesses, through the notification of owners and users of
real property in the vicinity of the IAWWTF of inherent
potential conditions associated with municipal waste water
treatment operations including, but not limited to, odors,
trucks, lighting, construction activities, noise, dust,
chemicals, discharge, smoke and extended hours of operation,
and through the use of such disclosure requirement owners and
users of real property within the vicinity of the IAWWTF will
better understand the conditions in and around municipal waste
water treatment operations and be prepared to acknowledge such
conditions as the natural result of living and operating near
the IAWWTF; and
Approved at the
October 9, 2019 PEDC Meeting
WHEREAS, On August 2, 2017, included in the Ordinance to
Establish New Zoning for the Waterfront Area, Common Council
adopted the following:
WHEREAS, The City recognizes the importance of the Ithaca
Area Waste Water Treatment Plant (IAWWTP) to the economic
vitality and environmental protection of the region, and
supports the future inclusion into the Waterfront Zone of
disclosure requirements for properties surrounding the
IAWWTP to protect the facility from nuisance claims, and
now, therefore be it
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca as follows:
Section 1. Legislative Intent and Purpose.
Common Council makes the following findings of fact:
A. It is the declared policy of the City of Ithaca to
conserve, enhance and encourage adequate and appropriate
Municipal Waste Water Treatment Operations within the
City, and to minimize potential conflict between the
IAWWTF and non-industrial land users within the vicinity
of the IAWWTF.
B. Where non-industrial land uses, especially residential
development, extend into the IAWWTF Setback Zone, IAWWTF
may be the subject of nuisance complaints. Such complaints
may request the curtailment of Municipal Waste Water
Treatment Operations, and discourage investments,
improvement and expansion of Municipal Waste Water
Treatment Operations. Constraints on operations,
management and possible expansion of the IAWWTF is
detrimental to the health, safety, and economic viability
of Cayuga Lake, the City of Ithaca, Town of Ithaca, Town
of Dryden and surrounding areas for which it serves. It
is the purpose and intent of this Ordinance to protect the
resources and services provided by the IAWWTF to the
larger community.
C. This policy can best be implemented by educating residents
and businesses, and by notifying owners and users of real
property in the IAWWTF Setback Zone of inherent potential
conditions associated with Municipal Waste Water Treatment
Operations, including, but not limited to, odors, heavy
trucks, light, construction activities, noise, dust,
chemicals, discharge, smoke and extended hours of
operation. It is intended that through the use of such
disclosure requirement owners and users of real property
within the IAWWTF Setback Zone will better understand the
conditions in and around the IAWWTF and be prepared to
acknowledge such conditions as the natural result of
living and operating near the IAWWTF.
Approved at the
October 9, 2019 PEDC Meeting
D. Therefore, the Common Council intends for this Ordinance
to implement the above-described education and
notification disclosure requirement to all property users
within the IAWWTF Setback Zone.
Section 2. Creation of Section 262-137, Preservation of Ithaca
Area Waste Water Treatment Facility Disclosure Requirement.
The Ithaca Municipal Code shall be amended so as to create a
new Section 262-137 as follows:
§262-137 Preservation of Ithaca Area Waste Water Treatment
Facility Disclosure Requirement
A. Definitions. For the purposes of this section:
(1) “IAWWTF” shall be the Ithaca Area Waste Water
Treatment Facility located at 525 Third Street,
Ithaca.
(2) "IAWWTF Setback Zone" shall mean those land areas of
the City of Ithaca west of Route 13 within 1,200 feet
of the property boundary of the Ithaca Area Waste
Water Treatment Facility.
(3) "Municipal Waste Water Treatment Operations" shall
mean the operations of the IAWWTF and include, but
not be limited to, the delivery and receiving of
trucked waste, and sanitary waste, aeration and
treatment of municipal waste water, biosolids
management, processing of wastewater and biogas, and
activities incident to or in conjunction with the
treatment and handling of wastewater, agricultural
waste, organic waste, and residual materials.
B. PRESERVATION OF ITHACA AREA WASTE WATER TREATMENT FACILITY
DISCLOSURE NOTICE REQUIREMENT.
(1) Upon any transfer by sale, exchange, rental agreement,
installment land sale contract, lease, lease with an
option to purchase, any other option to purchase, or
ground lease coupled with improvements, of real
property, or residential stock cooperative, the
transferor shall deliver to the prospective transferee
the written statement required by subsection B(2) of
this section.
(2) The disclosure statement shall contain the following:
Preservation of Ithaca Area Waste Water Treatment Facility
Disclosure Notice
THIS DISCLOSURE STATEMENT CONCERNS THE REAL PROPERTY SITUATED
IN TOMPKINS COUNTY, CITY OF ITHACA.
DESCRIBED AS_______________.
THIS STATEMENT IS A DISCLOSURE OF THE CONDITION
OF THE ABOVE DESCRIBED PROPERTY
Approved at the
October 9, 2019 PEDC Meeting
IN COMPLIANCE WITH SECTION 262-137 OF THE ORDINANCE CODE OF THE
CITY OF ITHACA AS OF __________.
THE FOLLOWING ARE THE REPRESENTATIONS MADE BY THE
SELLER(S)/PROPERTY OWNERS AS REQUIRED BY THE CITY OF ITHACA.
It is the declared policy of the City of Ithaca to conserve,
enhance and encourage adequate and appropriate Municipal Waste
Water Treatment Operations within the City, and to minimize
potential conflict between the IAWWTF and non-industrial land
users within the vicinity of the IAWWTF. As the property in
which you are taking an interest is located within the IAWWTF
Setback Zone, you may be subject to inconveniences or
discomfort arising from Municipal Waste Water Treatment
Operations performed in conformance with existing laws and
regulations, and accepted professional standards. Such
inconveniences may at points include, but may not necessarily
be limited to: odors, heavy trucks, lighting, smoke, operation
of machinery, and the storage and disposal of biosolids and
trucked waste and possible emergency discharge. If you live or
operate near the IAWWTF, you should be prepared to acknowledge
such inconveniences and discomfort as a normal and necessary
aspect of living or operating in proximity to a municipal waste
water treatment facility.
Owner/Seller:________________________
___
Date:__________________
__
Owner/Seller:________________________
___
Date:__________________
__
Buyer/Renter:________________________
___
Date:__________________
__
Buyer/Renter:________________________
___
Date:__________________
__
(1) All discretionary approvals by the City of Ithaca for
parcel maps, subdivision maps or use permits relating to
real property located within the IAWWTF Setback Zone,
shall include a condition that the owners of such real
property record a " PRESERVATION OF ITHACA AREA
WASTEWATER TREATMENT FACILITY DISCLOSURE NOTICE " in
substantially the form provided in subsection B(2) of
this section.
(2) All applicants for building permits for new residential
or commercial construction to be issued by the City of
Ithaca located within the IAWWTF Setback Zone shall be
provided with a "PRESERVATION OF ITHACA AREA WASTEWATER
Approved at the
October 9, 2019 PEDC Meeting
TREATMENT FACILITY DISCLOSURE NOTICE" in substantially
the form provided in subsection B(2) of this section.
(3) The Clerk/Recorder/Assessor of the County shall include
a "PRESERVATION OF ITHACA AREA WASTEWATER TREATMENT
FACILITY DISCLOSURE NOTICE" in substantially the form
provided in subsection B(2) of this section with any
grant deed, quitclaim deed or land sale contract located
within the IAWWTF Setback Zone returned to the grantee
by the Clerk/Recorder/Assessor after recording.
(4) "City of Ithaca PRESERVATION OF ITHACA AREA WASTEWATER
TREATMENT FACILITY DISCLOSURE NOTICE". It is the
declared policy of the City of Ithaca to conserve,
enhance and encourage Municipal Waste Water Treatment
Operations within the City of Ithaca. Residents,
operators, and owners of property within the IAWWTF
Setback Zone land should be prepared to acknowledge the
occasional inconveniences and discomfort associated with
Municipal Waste Water Treatment Operations, including,
but not necessarily limited to: odors, heavy trucks,
lighting, smoke, operation of machinery, and the storage
and disposal of biosolids and trucked waste and possible
emergency discharge.
C. NOTICE TO CORRECT. After receiving a complaint from an
occupant within the IAWWTF Setback Zone, the City of
Ithaca Assistant Superintendent of Water and Sewer shall
immediately notify the Chief Operator of the Ithaca Area
Waste Water Treatment Facility of the complaint. If the
City of Ithaca Assistant Superintendent of Water and Sewer
determines that such operations at the IAWWTF do not
conform to current accepted professional practices, and do
not comply with current regulatory standards, he or she
shall endeavor specify any measures required to correct
the situation, and the time within which the measures must
be taken.
Approved at the
October 9, 2019 PEDC Meeting
c) Chainworks Planned Unit Development
To: Planning and Economic Development Committee
From: Jennifer Kusznir, Senior Planner
Date: August 1, 2019
RE: Chain Works District Planned Unit Development (PUD) – Draft Zoning and
Design Guidelines
Please find attached the draft design guidelines and PUD for the
proposed Chainworks District PUD. These documents were previously
discussed by this committee earlier this year.
As a part of the approval process, the project team met with the City
Zoning Administrator to ensure that the proposed zoning is appropriate
for this site. Upon reviewing the documents, it was discovered that the
proposed zoning regulations and design guidelines would not be
feasible for the few existing structures that will remain on the site.
Minor changes have been made to the enclosed documents in order
to exempt buildings that are pre-existing at the time the PUD is
adopted are exempt from the building and site area requirements.
However, any expansions of pre-existing structures will require the
structure to be in compliance with the PUD and the design guidelines.
The project is currently working with the Planning Board in order to
obtain a conditional site plan approval. Once the project receives site
plan approval, it will return to the Common Council for final PUD
approval, possibly in September. After Council approval of the PUD all
relevant required mitigations outlined in the Generic Environmental
Impact Statement must be implemented before any construction can
begin on site. These include, but are not limited to the following (See
the GEIS Finding Statement for a more complete description):
Approved at the
October 9, 2019 PEDC Meeting
1. NYSDEC must approve an amendment to the existing Record of Decision (ROD) to allow
development of the Site in a manner that protects public health and the environment under a
mixed-use redevelopment scenario with a residential component.
2. The Site must be remediated to restricted residential, commercial and/or industrial Soil Cleanup
Objectives (SCOs) as appropriate based on the proposed uses at the Site, or to protection of
groundwater standards if a particular area of the Site experiences impacts to groundwater
3. A plan for long term monitoring must be developed, approved by NYSDEC and implemented by
the property owner. This included the filing of an environmental easement covering the entire
site.
4. All other City and state approvals must be in place including an accepted Stormwater Pollution
Prevention Plan (SWPP), site plan approval for future phases, building permits, street permits,
NYSDOR permits, etc.
Please contact me if you have questions or comments on this proposal
jkusznir@cityofithaca.orgjkusznir@cityofithaca.orgjkusznir@cityofithaca.orgjkusznir@cityofithaca.org 607-274-6410.
Alderperson Brock moved, Seconded by Alderperson Lewis. Carried
unanimously.
Mayor Myrick left the meeting at 7:05 p.m.
d) Alterations to Con-Conforming Uses
Kudos were given to Senior Planner Megan Wilson for her understandable
letter on this concept.
Alderperson Fleming stated that when she read it, it made perfect sense to her.
Alderperson Brock stated when she thinks of non-conforming uses that we
have to consider those that are grandfathered in.
Attorney Lavine stated that the resolution in the committee packet is perfectly
legal as is the existing policy.
Proposed Resolution
Planning & Economic Development Committee
August 14, 2019
Approval of a Zoning Policy Change to Allow Alterations of
Nonconforming Uses that Do Not Increase Occupancy – Resolution
Approved at the
October 9, 2019 PEDC Meeting
Moved by Alderperson Brock; seconded by Alderperson Lewis. Carried unanimously.
WHEREAS, nonconforming “grandfathered” uses are buildings that contain a use that is not permitted in the
zoning district where the building is located, and
WHEREAS, nonconforming uses are the byproduct of changes to the Zoning Code over time and are now part of
many neighborhoods throughout the city, and
WHEREAS, the City’s Zoning Code requires a property owner to obtain a use variance in order to extend or
enlarge a nonconforming use, and
WHEREAS, current policy permits a property owner to make alterations within an individual residential unit that
do not increase permitted “grandfathered” occupancy without obtaining a use variance but requires a
use variance to reconfigure the interior layout of residential buildings (i.e. convert two three-bedroom
apartments to three two-bedroom apartments), even if an increase in occupancy is not permitted, and
WHEREAS, the City wants to encourage property owners to maintain and improve residential properties and
would like to provide a more streamlined process for those projects that will have positive impacts on
the community; now, therefore, be it
RESOLVED, that the Common Council hereby approves a revised zoning policy that allows alterations within a
structure containing a nonconforming use to proceed without a use variance, provided that such
alterations would not permit an increase in occupancy under NYS Residential Code or NYS Building
Code, and be it further
RESOLVED, that any alteration to a structure containing a nonconforming use that would allow an increase in
occupancy or other extension or enlargement of the nonconforming use shall only be permitted by
means of a use variance granted by the Board of Zoning Appeals.
e) Intercity Bus Resolution
Alderperson Nguyen asked about the issues with Our Bus. The City Attorney
stated the City won the suit and Our Bus’s agreement has expired. Our Bus’s
schedule does not function like the other bus companies and doesn’t work at
the Green Street spot.
Alderperson Lewis stated that her contact at the library stated that there has not
been any issues as of late.
She asked about the statement JoAnn’s memo regarding the lanes needed.
Since DOT has to do it, it is unclear when it will be done.
She further asked about the money collected since the bus changes. Where
has this money gone?
Attorney Lavine stated that many of it covers the loss of parking, staff time, etc.
Alderperson Lewis also stated that with winter of snow, etc.
Alderperson Fleming sees this as a huge burden on the City. Last year when
this came to Council, the resolution stated that there would be a committee to
focus on collaboration with the County and others.
Approved at the
October 9, 2019 PEDC Meeting
JoAnn Cornish stated that a task force will be created.
Both Alderpersons Lewis and Fleming are uncomfortable with the #16
Resolved using the word ‘indefinitely.’
Attorney Lavine stated that the agreements with the bus companies are not
indefinite. They can be canceled and/or changed at the City’s request.
Alderperson Fleming stated she would be comfortable leaving the word in if we
can agree to have another report on this in six months.
Alderperson Lewis suggested a change in #16 Resolved but retracted it.
Alderperson Brock stated she would like to see the word ‘indefinitely’ knowing
that the agreements with the bus companies can be changed.
Alderperson Fleming added an amendment to #18 Resolved. She will provide
that to me.
Attorney Lavine stated the fees being charged should be looked at directly.
DRAFT RESOLUTION – Extension to Allow Continued Use of Green Street by Intercity Bus
Companies
Moved by Alderperson Brock; seconded by Alderperson Lewis. Carried unanimously with
amendments.
1. WHEREAS, Section 346-31 of the City Code states that no bus shall operate, stop on or stand
on any City street, nor shall such bus pick up or discharge passengers on any such City street
or curb, or any other public property, or within 200 feet of any City bus stop in the corporate
limits of the City of Ithaca, unless a permit is obtained from the Common Council or its
designee, and
2. WHEREAS, in September 2018, Common Council passed a resolution to allow the use of East
Green Street as an intercity bus stop, and
3. WHEREAS, staff prepared and executed agreements with the intercity operators for a 6 month
trial period ending on March 31, 2019, and
4. WHEREAS, on April 3, 2019, staff recommended that the Common Council conditionally
renew the agreement until August 31, 2019, in order to allow for a full year of consideration of
this site, and
5. WHEREAS, staff from Planning and Public Works have been continually evaluating this
program in order to determine whether this location is feasible as a long term solution for
intercity bus use, and
Approved at the
October 9, 2019 PEDC Meeting
6. WHEREAS, staff has determined that the inclusion of an intercity bus stop is convenient for
bus patrons to be able to connect to points around the City or to alternate travel modes,
increased foot traffic helps to support local businesses, , and
7. WHEREAS, staff also found that the inclusion of intercity buses to downtown did not create
significant challenges to the extent that bus companies adhered to agreed schedules generally,
and since the April 3, 2019 extension, in part due to the staggered exit of students at the end
of the academic year, and
8. WHEREAS, because staff recognized that the Green Street location created some challenges,
including, City crews not having the capacity to remove snow from the street and sidewalk
early enough to allow for the bus stop to remain functional, intercity buses parking in the
TCAT spaces, lack of rest areas for intercity passengers, drivers and passengers loading
luggage on the street side of the buses, and too many on street buses during holidays and other
significant travel days, and
9. WHEREAS, in April 3, 2019, staff recommended that the agreement for the extension include
conditions in order to ensure that the on street traffic continued to flow safely and effectively,
including
• City staff convene a meeting with bus providers to discuss necessary changes that need
to be made in order to continue with Green Street intercity bus service. The bus
companies will also be informed that there is no room for expansion of future service at
this location so that they can make an informed decision of whether this space meets
their needs now and in the future, and
• the City will need to paint the bus lanes on Green Street and will charge the intercity
bus providers for this improvement. This will be an additional charge above the use
agreement fee, and
• buses will need to specify dates that will have additional buses (holidays, student
arrival and departure dates) and will need to provide on street staff on these dates to
direct customers to their buses, and to direct bus drivers to the appropriate locations. If
the City determines that an additional CSO needs to be assigned to this area during
heavy traffic times in order to issue tickets, the City will charge the bus operators for
this service. This will also be a charge above the agreement fee, and
• all of the bus companies will be required to provide accommodations for their
passengers. This can be accomplished through and an agreement with an existing
facility, but they will need to show proof that they have permission to use existing
facilities, and
• the bus permit agreement should continue to allow for revocation for failure to comply
with requirements. There would be no tolerance of unloading luggage on the street
side, encroaching on the bike lane, unloading from a travel lane or any other behavior
deemed unsafe by the City, and
Approved at the
October 9, 2019 PEDC Meeting
• if additional improvements are determined to be necessary in order to allow for traffic
flow, the City will pass the costs onto the bus operators, and Implementation of these
remedies or of other improvements deemed to be necessary may result in increased
permit fees.
10. WHEREAS, City staff and bus operators have been in contact to meet the above conditions
concerning safety issues and passenger amenities, and as to painting the bus lanes, the City has
requested approval to implement from the New York State Department of Transportation and
has yet to receive such approval, and
11. WHEREAS, current intercity bus companies permit agreements are in effect until termination,
which must be upon no less than 30 days notice, and
12. WHEREAS, with the anticipated return of students via intercity bus, it does not seem prudent
to end the use of Green Street as the intercity bus stop at this time, and
13. WHEREAS, on November 7, 2018 Common Council set a bus permit fee of $5 per bus arrival
or departure from the intercity bus location from Green Street, and
14. WHEREAS, the approved fee did not account for the cost of painting improvements or other
costs actually or expected to be incurred by the City, and
15. WHEREAS, staff continues to look for other suitable interim locations for intercity bus
operations while planning for a long term permanent location for an intercity transportation
depot, now, therefore be it
16. RESOLVED, that Common Council approves the continued use of the Green Street stop by
Shortline/Coach USA, New York Trailways, and Greyhound indefinitely until an alternate
location or permanent solution can be found with an increase in fee to $15 per bus arrival or
departure (but if the arrival or departure occurs within 30 minutes of the other, only one $15
per bus fee will be imposed), and be it further
17. RESOLVED, that Common Council continues to authorize the Board of Public Works to
modify the above-established established Intercity Bus Permit fee from time to time, but
retains the sole legislative discretion as to issuance of bus permits, and be it further
18. RESOLVED, that Common Council instructs city staff to continue to work on the conditions
specified above to minimize disruption to riders and the community and continue to provide
this valuable service to the community, and be it further
19. RESOLVED, that the Mayor and Senior Staff report to Common Council within six months
regarding efforts to collaborate with other regional municipal officials to develop a long-term
plan for inter-city bus servies
Approved at the
October 9, 2019 PEDC Meeting
6) Action Items (Approval to Circulate)
a) Green Building Policy
Nick Goldsmith provided a recap of what has happened thus far. He stated the
draft is now easier to understand. After more public outreach we will work with
the attorney’s office and the building department to be in more formal code
language and bring it back to this committee and the Town. He stated that an
end-of-year date to consider adoption is the goal.
Alderperson Brock asked if a person comes forward with a single family home
design, who determines whether the homeowner’s plans are adequate. What
does the homeowner have to do differently under this policy?
Goldsmith stated that if the homeowner is working with an architect, they would
help the homeowner through the process. He further stated that there is a
check list which the homeowner will have to make sure they are covering all
basis of the policy.
JoAnn Cornish stated that is a very good question. We can
Alderperson Lewis stated that she has seen that many developers are already
looking into and changing their plans for development geared to this new
energy initiative.
Alderperson Lewis moved to circulate; seconded by Alderperson Brock.
Carried unanimously.
Approved at the
October 9, 2019 PEDC Meeting
b) West MLK/State Zoning Changes
To: Svante Myrick, Mayor Planning and Development Board
Common Council Board of Public Works
Julie Holcomb, City Clerk City Advisory Commissions
Aaron Lavine, City Attorney
Mike Thorne, Superintendent of Public Works
Mike Niechwiadowicz, Director of Code Enforcement
JoAnn Cornish, Director of Planning, Building, and Economic Development
Katie Borgella, Tompkins County Commissioner of Planning and Sustainability
FROM: JoAnn Cornish, City of Ithaca, Director of Planning and Development
DATE: May 17, 2019
RE: Proposal to Amend Sections of Chapter 325, Zoning, of the City Municipal Code Pertaining to
Proposed Revisions to the CBD 60 Zoning District on the 300, 400, and 500 Block of West State
Street in the City of Ithaca
In June of 2013, the Common Council rezoned the West State Street/MLK corridor from B-2c to CBD-60. This
was done to encourage and accommodate anticipated development. However, it was generally agreed upon at that
time that there existed a desirable character along much of West State Street that the City would like to see remain
intact.
Upon further consideration and analysis, and when comparing a sixty foot tall building to existing buildings, it has
become clear that 60 feet at the street front on the 300, 400, and 500 block of West State Street (blocks between
South Albany Street and North Meadow Street), is not appropriate and would result in a dramatic change to the
existing character of the area. The pictures below compare the existing structures along West State/MLK Street
with an image of a proposed building 60 feet in height.
Approved at the
October 9, 2019 PEDC Meeting
It is also important to note that this area is now located in the City’s Planned Unit Development Overlay District,
which allows for projects that provide significant community benefits to apply for alternate zoning. Given that
this additional zoning flexibility exists, staff feels that it is appropriate to revisit the existing zoning.
1. Staff recommends adding minimum story heights of 12 feet, floor to floor on the
ground floor and 10 feet floor to floor on subsequent floors. The City has similar
minimum story height regulations in various other districts, including in the West End,
Waterfront, and Collegetown Zoning Districts. This language is intended to encourage
ground floor commercial uses, as well as to establish minimum standards for housing
development.
2. Member of the Planning and Economic Development Committee of Common Council
are recommending a revision to the zoning ordinance that would limit the overall height
to 52 feet and 5 stories (12 feet floor to floor height on the first story and 10 feet floor
to floor on subsequent stories) with an opportunity to build an 10 additional feet in
height for a 6th story, under the City’s Planned Unit Development Ordinance, if the
developer includes 20% of the total unit count as affordable (50% to 80% of Area
Median Income) or other community benefit(s)
3. Additionally, in order to maintain the existing character of West State/MLK Street,
staff recommends all new construction located in the existing portion of the CBD-60
Zoning District, directly fronting on the 300, 400, and 500 blocks of West State Street,
shall require that the front façade of any newly-constructed building contain a stepback
of 15 feet after the first 32 feet in height.
This will help maintain the look of pedestrian scale buildings along the street while still allowing for increased
density in the center of the block. This proposed change in the zoning would be for properties on West
State/MLK Street that are currently zoned CBD-60 between South Albany Street and North Meadow Street.
If the Committee is in agreement, staff will circulate this proposal and return next month with any comments that
are received. Please feel free to contact me with any questions.
Alderperson Fleming stated what she would like to circulate going back to the original
resolution adding a first-floor active use, dropping the required maximum façade
length of 60’, as well as dropping the maximum building footprint.
Alderperson Brock stated she would support a maximum building height, but doesn’t
want to see monolithic buildings.
Approved at the
October 9, 2019 PEDC Meeting
Alderperson Lewis doesn’t think it is necessary to have a maximum façade length.
She also doesn’t think there needs to be a maximum building footprint.
Alderperson Nguyen stated that the old city we love so much came about without any
zoning, etc. He finds nothing offensive to a four-story building or a six-story building
for that matter.
Alderperson Brock stated she likes the West End, (W est State Street), because of the
mixed use.
7) Review and Approval of Minutes
a) No Minutes to Approve
8) Adjournment
Moved by Alderperson Lewis; seconded by Alderperson Brock. Carried
unanimously. The meeting was adjourned at 9:00 p.m.